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Agenda Packet_2026-07-07
City Council Meeting Packet July 7, 2026 CLOSED SESSION MEETING - 4:00 PM REGULAR OPEN MEETING - 5:30 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Ner~'w v Valerie Amezcua Mayor Thai Viet Phan Benjamin Vazquez Councilmember—Ward 1 Councilmember- Ward 2 Jessie Lopez Phil Bacerra Councilmember-Ward 3 Councilmember- Ward 4 Johnathan Ryan Hernandez David Penaloza Councilmember-Ward 5 Mayor Pro Tern-Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Alvaro Nunez Jennifer L. Hall City Attorney City Manager City Clerk In compliance with the Americans with Disabilities Act(ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz,City ADA Program Coordinator,at(714)647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.The City Council agenda and supporting documentation can be found on the City's website—www.santa-ana.org/agendas-and-minutes. City Council 1 7/7/2026 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision -The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct- At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity• Honesty• Responsibility • Fairness • Accountability• Respect • Efficiency City Council 2 7/7/2026 Members of the public may attend the City Council meeting in-person or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment(a-)santa-ana.orq. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION —As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/m/315965149. To join the Conference Call: Dial (669) 900- 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) agenda/general comments, iii) public hearing item, iv) special agenda item, or v)for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN-PERSON OPTION - Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in-person. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. City Council 3 7/7/2026 The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON-AGENDA ITEMS (GENERAL PUBLIC COMMENT)—You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES - Spanish interpreting services are provided at CitX Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretaci6n al espanol en las juntas del Consejo. La interpretaci6n simultanea al espanol se ofrece por medio del use de audifonos y la interpretaci6n consecutiva (espanol a ingl6s) tambi6n esta disponible Para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball<!!>) or download a pdf(the cloud symbol with the down arrow ft. ). City Council 4 7/7/2026 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Thai Viet Phan Benjamin Vazquez Mayor Pro Tern David Penaloza Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS— The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Peter Brown Employee Organizations: 1. Service Employees International Union, Full-Time Employees Unit (SEIU-FT) 2. Service Employees International Union, Part-Time Non-Civil Service Employees Unit (SEIU-PTNCS) 2. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION pursuant to Paragraph (1) of the subdivision (d) of section 54956.9 of the Government Code: A. Michael Watson v. City of Santa Ana, WCAB Case No.: ADJ16016555 City Council 5 7/7/2026 3. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. The People of the State Of California. By The City Attorney For The City Of Santa Ana: The City Of Santa Ana v. Kyong Su Kim: Myong Kim: Nayan Ahir: Ravin (Ray) Ahir: Royal Roman Motel, LLC: Royal Motel Inc.: Royal Grand Inn, LLC: Royal Grand, Inc.: Hacienda Arzate, Inc.: Humberto Arzategomez: El Tapatio y Antojitos: and Maria Melendez, Orange County Superior Court, Case No. 30-2025-01484014-CU-MC-CJC B. The City of Santa Ana, et al. v. Ahir, et al.. California Court of Appeal, State of California Fourth Appellate District, Division Three, Case No. G066179 C. Ravin Ahir: Nayan Ahir: Kyong Su Kim: Myong Kim: Royal Motel, Inc.: Royal Grand, Inc: Royal Roman Motel, LLC: Royal Grand Inn. LLC v. City Of Santa Ana: Alvaro Nunez: Robert Rodriguez: City Of Santa Ana Police Officers Does 1-7: And Does 8-10 inclusive. United States District Court (Central District of California); Case No. 8:25-cv- 02480-JVS-ADS RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Thai Viet Phan Benjamin Vazquez Mayor Pro Tern David Penaloza Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Greg Kruly ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1. Certificates of Recognition presented by Mayor Amezcua to Santa Ana 8U Pony Baseball All-Stars for Outstanding Athletic Achievements City Council 6 7/7/2026 2. Certificates of Recognition presented by Councilmember Lopez to Jonathan Martinez for Outstanding Contributions to the Community CLOSED SESSION REPORT— The City Attorney will report on any action(s)from Closed Session. PUBLIC COMMENTS — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 20 and waive reading of all resolutions and ordinances. 3. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 4. Minutes from the Regular Meeting of June 16, 2026 Department(s): City Clerk's Office Recommended Action: Approve minutes. 5. Appoint Giovanni Chavez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Rental Housing Board for a Partial Term Expiring in 2027 Department(s): City Clerk's Office Recommended Action: Appoint Giovanni Chavez to the Rental Housing Board as the Ward 6 representative and administer the Oath of Office. 6. Appoint Mai Do Nominated by Councilmember Phan as the Ward 1 Representative to the Measure X Oversight Committee for a Partial Term Expiring in December 12, 2028 Department(s): City Clerk's Office Recommended Action: Appoint Mai Do to the Measure X Oversight Committee as the Ward 1 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes) City Council 7 7/7/2026 7. Proposed City Response to Orange County Grand Jury Report Titled Wildfires Hit Home Department(s): City Manager's Office Recommended Action: Approve the proposed City response to the Orange County Grand Jury report titled Wildfires Hit Home dated May 19, 2026. 8. Purchase Order Contract with Golden Bell Products Corp for Insecticidal Latex Coating Services for Sewer Manholes (Specification No. 26-051) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Award a purchase order contract to Golden Bell Products Corp. for insecticidal latex coating services for an amount not to exceed $100,000, for the one-year term beginning July 7, 2026, and expiring July 6, 2027, with provision for four, one-year renewal options, for a total amount not to exceed $500,000. 9. Aggregate Purchase Order Contracts to Culver-Newlin Inc., GM Business Interiors, National Business Furniture, People Space, Pivot Interiors Inc., Quality Office Furnishings, Vari, and Yamada Enterprises for Office Furniture, Installation, and Related Services (Specification No. 23-080, 23-081, 23-082, 23-092, 26-079) (General Fund & Non-General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to include Culver-Newlin of Corona, CA and Vari of Coppell, TX to the established list of approved vendors on the aggregate contracts listed below for an initial one (1) year term expiring on June 30, 2027, with provisions for two (2), one (1) year renewal options. The total not to exceed amount will not change. Vendor Location Culver-Newlin Inc. Corona, CA GM Business Interiors Riverside, CA National Business Milwaukee, WI Furniture People Space Irvine, CA Pivot Interiors Inc. Costa Mesa, CA Quality Office Yorba Linda, CA Furnishings Vari Coppell, TX Yamada Enterprises Huntington Beach, CA City Council 8 7/7/2026 10. Amendment to Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems and Agreement with Thomson Reuters for Legal Research Subscription Services (General Fund) Department(s): City Attorney's Office Recommended Action: 1. Authorize the City Manager to execute an amendment to the City's current agreement with Blue Technologies Smart Solutions ("BlueTech") to increase the not-to-exceed amount of compensation to the agreement for use of the iManage Data Management Systems ("iManage") for the period of August 1, 2026 through July 31, 2027 in the amount of$14,604 to provide additional user licenses and increase the data storage size utilized by the use of the iManage system (Agreement No. A-2026-XXX); and 2. Authorize the City Manager to execute an agreement for legal research subscription services in the amount of$167,790 that will commence on July 7, 2026 and will continue through June 30, 2029 (Agreement No. A-2026-XXX). 11. Award of a Construction Contract to Onyx Paving Company, Inc. for the Local Street Preventative Maintenance FY 25/26 Project (No. 26-6907) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $99,990 of spendable fund balance in the Sanitary Sewer Service Revenue, Prior Year Carry Forward and Capital Recovery Charges, Transfer from Fund 056 revenue accounts, and appropriate to the Sewer— Interfund Transfer, Transfer to Fund 054 and Capital Recovery Charges, Improvements Other Than Buildings expenditure account (Requires five affirmative votes). 2. Approve an appropriation adjustment recognizing $134,431 of spendable fund balance in the Public Works Water Revenue, Prior Year Carry Forward and Water Utility Capital, Transfer from Fund 060 revenue accounts, and appropriate to the Water — Interfund Transfer, Transfer to Fund 066 and Water Utility Capital Projects, Contract Services-Professional expenditure accounts (Requires five affirmative votes). 3. Approve an amendment to the Fiscal Year 2026-2027 Capital Improvement Program to include an additional $234,421 in construction funds for the Local Street Preventative Maintenance FY 23/24 Project (No. 26-6490). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,211,250, which includes $3,369,000 for the construction contract, $505,350 for contract administration, inspection, and testing, and a $336,900 for unanticipated or unforeseen work. 5. Award a construction contract to Onyx Paving Company, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $3,369,000, subject to change orders, for construction of the Local Street Preventative Maintenance FY 25/26 Project (No. 26-6907), for a term beginning July 8, 2026 and authorize the City Manager to execute the contract. City Council 9 7/7/2026 6. Determine that pursuant to the California Environmental Quality Act the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2026-39 will be filed for Project No. 26-6907. 12. Memorandum of Understanding with Republic Services Related to Waste Infrastructure System Enterprise Agreement with County of Orange Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with Republic Services to formalize the refuse rate stabilization plan associated with the County of Orange Waste Infrastructure System Enterprise agreement for FY 2026-27 (Agreement No. A-2026-XXX). 13. Lease Agreement with LAZ Parking California, LLC for Office Space at the Santa Ana Regional Transportation Center(Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a lease agreement with LAZ Parking California LLC, to compensate the City $1,151 per month, for the lease of 190 square feet of office space located at the Santa Ana Regional Transportation Center for a term beginning July 7, 2026 and expiring June 30, 2027, with provisions for up to four, one-year extensions, for a total lease agreement amount of$68,862 (Agreement No. A-2026-XXX). 14. Lease Agreement with PGH Wong for Office Space at the Santa Ana Regional Transportation Center (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a lease agreement with PGH Wong to compensate the City $9,359 per month, for the lease of approximately 3,284 square feet of office space located at the Santa Ana Regional Transportation Center for a term beginning July 17, 2026 and expiring December 31, 2026, with provisions for up to one, one-year extension, for a total lease agreement amount of$163,640 (Agreement No. A-2026-XXX). 15. Lease Agreement with Walsh Construction Company II, LLC for Office Space at the Santa Ana Regional Transportation Center(Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a lease agreement with Walsh Construction Company II, LLC to compensate the City $12,091 per month, for the lease of approximately 4,429 square feet of office space located at the Santa Ana Regional Transportation Center for a term beginning July 16, 2026 and expiring July 15, 2027 with provisions for up to one, one-year extension, for a total lease agreement amount of$290,190 (Agreement No. A-2026-XXX). City Council 10 7/7/2026 16. First Amendment to the Agreements with DMS Facility Services, Landscape West Management Services, Inc., Mariposa Landscapes, Inc., and Pacific Coast Horticulturists for Landscape Maintenance Services at City Parks and Facilities (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a First Amendment to the agreement with DMS Facility Services, Landscape West Management Services, Inc, Mariposa Landscapes, Inc., and Pacific Coast Horticulturists to amend the scope of service to provide landscape maintenance to parks and facilities citywide for the remaining term expiring January 31, 2027 and renewal options (Core Agreement No. A-2026-XXX). 17. Resolution Amending Mabury Park Permit Parking District Department(s): Public Works Agency Recommended Action: Adopt a resolution amending and superseding the Mabury Park Permit Parking District Resolution 2016-042. RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 2016-042 RELATED TO THE MABURY PARK PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING THE BOUNDARIES OF THAT DISTRICT 18. Density Bonus Agreement No. 2026-03 —Watermarke Sandpointe Mixed-Use Development (200 East Sandpointe Ave.) Department(s): Planning and Building Agency, Community Development Agency Recommended Action: 1. Adopt a resolution approving Density Bonus Agreement No. 2026-03; and RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2026-03 FOR A MIXED-USE DEVELOPMENT WITH 400 UNIT RESIDENTIAL UNITS, INCLUDING 20 UNITS PROPOSED AS AFFORDABLE TO EXTREMELY LOW-INCOME HOUSEHOLDS, AND 13,887 SQUARE FEET OF COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 200 EAST SANDPOINTE AVENUE (APNS: 411-111-07, 411-111-09, 411-111-10, AND 411-111-11) 2. Authorize the City Manager to execute a Density Bonus Agreement with CM Sandpointe, LLC, GH Sandpointe LLC, VMT Sandpointe LLC, and QC Sandpointe LLC, with a 55-year covenant term, for a rental residential development consisting of a 400 unit multi-family residential development, including 20 affordable units (5% of the total units) proposed as affordable to extremely low-income households, at the property located at 200 East Sandpointe Avenue (Agreement No. A-2026-XXX); and 3. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action (below) is exempt from further review City Council 11 7/7/2026 under Sections 15183 and 15162. 19. Density Bonus Agreement No. 2026-04 — SWC Alton & Raitt Residential Development (2100 West Alton Avenue) Department(s): Planning and Building Agency, Community Development Agency Recommended Action: 1. Adopt a resolution approving Density Bonus Agreement No. 2026-04; and RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2026-04 TO ALLOW DEVELOPMENT OF A 36-UNIT SINGLE-FAMILY DETACHED RESIDENTIAL SUBDIVISION, INCLUDING THREE UNITS PROPOSED AS AFFORDABLE TO VERY LOW-INCOME AND THREE PROPOSED AS AFFORDABLE TO MODERATE-INCOME HOUSEHOLDS FOR THE PROPERTY LOCATED AT 2100 WEST ALTON AVENUE (APNS: 412-541-06 AND 412-541-10) 2. Authorize the City Manager to execute a Density Bonus Agreement with BDC Santa Ana LLC, for a 55-year covenant term, for a for-sale residential development consisting of a thirty-six (36) unit single-family detached residential subdivision, which includes three (3) units designated as affordable to very low-income and three (3) units affordable to moderate-income households at 2100 West Alton Avenue (Agreement No. A-2026-XXX); and 3. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action (below) is exempt from further review under Section 15332 (Class 32) of the CEQA Guidelines (In-Fill Development Projects). 20. Second Reading and Adoption of Ordinance No. NS-3097 Dissolving the Arts and Culture Commission; Environmental and Transportation Advisory Commission; Historic Resources Commission; Parks, Recreation, and Community Services Commission; and Youth Commission First reading at the June 16, 2026 City Council Meeting and approved by a vote of 5- 2. Published in the OC Reporter on June 19, 2026. Department(s): City Clerk's Office Recommended Action: Conduct a second reading and adopt an ordinance amending various sections of the Santa Ana Municipal Code to dissolve five commissions, to remove references to the dissolved commissions, and to reallocate certain powers and duties. ORDINANCE NO. NS-3097 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS) OF CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE TO DISSOLVE THE ARTS AND CULTURE COMMISSION, THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMISSION, THE HISTORIC RESOURCES COMMISSION, THE PARKS, City Council 12 7/7/2026 RECREATION AND COMMUNITY SERVICES COMMISSION, AND THE YOUTH COMMISSION; AND RELATED AMENDMENTS TO CHAPTER 30 (PLACES OF HISTORICAL AND ARCHITECTURAL SIGNIFICANCE), CHAPTER 33 (STREETS, SIDEWALKS AND PUBLIC WORKS), AND CHAPTER 41 (ZONING) TO REALLOCATE COMMISSION POWERS AND DUTIES AND TO REMOVE REFERENCES TO THE DISSOLVED COMMISSIONS **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 21. Designate a Voting Delegate and up to Two Alternates for League of California Cities (Cal Cities) 2026 Annual Conference General Assembly Department(s): City Clerk's Office Recommended Action: Designate a voting delegate and up to two alternates for the Cal Cities Annual Conference General Assembly on Friday, September 25, 2026. 22. Consider Ballot Measure to Remove Sunset on Local Sales Tax Department(s): City Manager's Office Recommended Action: 1. Adopt a Resolution calling for the placement of a measure on the November 3, 2026 General Municipal Election ballot to remove the rate reduction and sunset on the local general sales transactions measure in Santa Ana. RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 3, 2026 AND CALLING FOR THE PLACEMENT ON THE BALLOT OF A MEASURE FOR SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING THE LOCAL GENERAL TRANSACTIONS AND USE TAX TO REMOVE THE RATE REDUCTION AND THE SUNSET PROVISION 2. Adopt a Resolution authorizing written arguments for or against the above- referenced measure. RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 3, 2026 GENERAL MUNICIPAL ELECTION REGARDING AMENDING THE LOCAL GENERAL TRANSACTIONS AND USE TAX TO REMOVE THE RATE REDUCTION AND THE SUNSET PROVISION City Council 13 7/7/2026 **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 23. Discuss and Consider Directing the City Manager to Replace the Current Residential Parking Permit Sticker System with a Hanging Placard System Displayed from a Vehicle's Rearview Mirror and Take All Necessary Actions to Implement the Transition — Mayor Pro Tern David Penaloza 24. Discuss and Consider Directing the City Manager and City Attorney to Prepare a Resolution in Support of State Legislation to Lower Southern California Edison Rates and Protect Ratepayers and Evaluate Potential Intervention in California Public Utilities Commission Proceedings on Behalf of Santa Ana Residents— Councilmember Jessie Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT—Adjourn the City Council meeting. Future Items 1. Agreements for Rotational Tow Services 2. Ordinance Related to Chapter 30 POSTING STATEMENT: On June 30, 2026, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/agendas-and-minutes. City Council 14 7/7/2026 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California June 16, 2026 CLOSED SESSION MEETING - 4:30 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:40 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Thai Viet Phan Benjamin Vazquez Mayor Pro Tern David Penaloza Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall CITY COUNCIL 1 JUNE 16, 2026 City Council 4 - 1 7/7/2026 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Hernandez, Phan, and Vazquez, Mayor Pro Tem Penaloza, and Mayor Amezcua were present. Councilmembers Bacerra and Lopez joined during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: None. Councilmember Phan recused herself from Closed Session Agenda Item No. 3 as the potential defendant is a client of her employer, Rutan and Tucker. PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: None. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:41 P.M. CLOSED SESSION ITEMS—The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Paragraph (1) of the subdivision (d) of section 54956.9 of the Government Code: A. Michael Gonzalez v. City of Santa Ana, WCAB Case No.: ADJ15896066 2. CONFERENCE WITH LEGAL COUNSEL — L— EXISTING LITIGATION pursuant to Paragraph (1) of the subdivision (d) of section 54956.9 of the Government Code: A. Corey Slayton v. City of Santa Ana and David Valentin, Orange County Superior Court, Case No. 30-2021-01204216 MINUTES: Councilmember Phan left the Closed Session Room at 5:05 P.M. CITY COUNCIL 2 JUNF 16, 2026 City Council 4 - 2 7/7/2026 3. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case — 201 West Third Street, Santa Ana, CA 92701 RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:00 P.M. ATTENDANCE Councilmembers Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Thai Viet Phan Benjamin Vazquez Mayor Pro Tern David Penaloza Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Lopez, Phan, and Vazquez, Mayor Pro Tern Pena/oza, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Deputy Public Works Director Armando Fernandez WORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa Ana ADDITIONS\DELETIONS TO THE AGENDA MINUTES: None. CEREMONIAL PRESENTATIONS 1. Certificates of Recognition presented by Mayor Amezcua to Girls Fastpitch Santa Ana for Outstanding Athletic Achievements MINUTES: Mayor Amezcua presented certificates of recognition to Girls Fastpitch Santa Ana for outstanding athletic achievements. CITY COUNCIL 3 JUNE 16, 2026 City Council 4 - 3 7/7/2026 2. Certificates of Recognition presented by Councilmember Bacerra to Santa Ana College Baseball for Outstanding Athletic Achievements and State Championship Title MINUTES: Councilmember Bacerra presented certificates of recognition to Santa Ana College Baseball for outstanding athletic achievements and State Championship Title. 3. Certificates of Recognition presented by Councilmember Hernandez to the Santa Ana Community Artist(a) Coalition's Youth Restoration Team for Outstanding Contributions to the Community Through the Preservation of Viva Santa Ana and La Virgencita Community Murals MINUTES: Councilmember Hernandez presented certificates of recognition to the Santa Ana Community Artist(a) Coalition's Youth Restoration Team for outstanding contributions to the community though the preservation of Viva Santa Ana and La Virgencita community murals. 4. Certificate of Recognition presented by Councilmember Lopez to Emad Dalati for Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented a certificate of recognition to Emad Dalati for outstanding contributions to the community. CLOSED SESSION REPORT—The City Attorneywill report on any action(s)from Closed Session. MINUTES: City Attorney Sonia Carvalho reported on Closed Session Agenda Item No. 1, in the case of Michael Gonzalez v. City of Santa Ana case, the City Council voted 7-0 to approve a final settlement of$400,000, Closed Session Agenda Item No. 2, in the case of Corey Slayton, the City Council voted 7-0 to appeal the decision of the Superior Court, and Closed Session Agenda Item No. 3, the City Council gave direction to staff regarding this item. PUBLIC COMMENTS--Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: one (1) Agenda Item No. 19 and three (3) non-agenda comments. The following speakers addressed City Council in-person: 1. Nancy Robles spoke regarding a fair bargaining process and meaningful negotiations related to SE1U. 2. Suman Bhasin requested the City Council pass a resolution supporting Assembly Bill 2463. CITY COUNCIL 4 JUNE 16, 2026 City Council 4 - 4 7/7/2026 3. Anthony Agama spoke regarding the cost of electricity, Southern California Edison's increased profits, and requested the City Council support Senate Bills 905, 1098, and 866 and pass a resolution supporting the bills. 4. Virginia Bernal spoke regarding electricity cost savings and affordable electricity, and requested the City Council pass a resolution supporting Senate Bill 905. 5. Cassandra Perez, District Director for Congressman Correa, shared a message from the congressman regarding the coordinated reentry center federal funding secured for the County of Orange and ongoing discussions regarding its site location. 6. Johan Lopez spoke regarding health issues affecting older adults in Santa Ana, stated Dentists for Seniors and Oral Disability Rescue are working to bring dental care directly to vulnerable seniors, including those in nursing homes and assisted living communities, and requested the City consider including oral health as part of its senior wellness priorities. 7. Jasmin Ocampo spoke regarding her partner Jose Lagunas Orenday, whose life was taken on May 28, 2026, expressed concern regarding the Santa Ana Police Department's press release regarding the incident, and requested a clarifying press release. 8. Isuri Ramos spoke in support of SEIU and requested the City Council reject contracting out and support the frontline workforce. 9. Veronica Rincon (translation: Spanish) spoke regarding her living conditions, stated she is being kicked out of her home, and requested assistance. 10.Martha Bailon (translation: Spanish) spoke regarding her living conditions and increased rent issues, stated she is being kicked out of her home, and requested assistance. 11. Claudia Morales (translation: Spanish) spoke regarding the living conditions and increased rents of Veronica Rincon and Martha Bailon, and requested the City create an inspection program to assist low-income families in the same situations. 12.Kathia Canlas spoke in support of SEW and requested the City Council reject contracting out and support the frontline workforce. 13.Nina Jirik thanked the City Council for all their hard work and efforts and spoke regarding partnering with the City related to Washington Square Park. MayorAmezcua requested staff assist those with living conditions concerns and to bring forward a templated resolution from the City of San Diego related to the Climate Action Campaign. CITY COUNCIL 5 JUNE 16, 9Q96 City Council 4 - 5 7/7/2026 CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 19 and waive reading of all resolutions and ordinances. MINUTES:At 7:28 P.M., the Consent Calendar was considered. MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 5 through 19, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PENALOZA, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7—0 — Pass 5. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 6. Minutes from the Regular Meeting of June 2, 2026 Department(s): City Clerk's Office Recommended Action: Approve minutes. 7. Conflict of Interest Code Biennial Review Department(s): City Clerk's Office Recommended Action: Direct the City Manager and the City Clerk to have the City's Conflict of Interest Code reviewed, file a statement of review with the City Council no later than October 1, 2026, and revise the Conflict of Interest Code based upon such review. CITY COUNCIL F JUNE 16, gn96 City Council 4 - 6 7/7/2026 8. Reappoint Members to the Workforce Development Board for Four-Year Terms Department(s): Community Development Agency Recommended Action: Reappoint Mat Garcia, Jack Haley, and Rhonda Miller as private sector representatives; Brent Beasely as organized labor representative, and Dr. Lorraine Perez as the K-12 education representative to the Santa Ana Workforce Development Board for four-year terms expiring May 31, 2030. 9. Appropriation Adjustment for Lease Payments for the Santa Ana WORK Center (Non-General Fund) Department(s): Community Development Agency Recommended Action: Approve an appropriation adjustment in the amount of $272,580 for the Santa Ana WORK Center into the Rent Payment expenditure account (No. 1231875X-62500). (Requires five affirmative votes) 10.Purchase Order to CB Pacific, Inc. for Jail Security Control System Equipment (Specification No. 26-077) (General Fund) Department(s): Police Department Recommended Action: Authorize a Purchase Order to CB Pacific, Inc. for jail security control system equipment in an amount not to exceed $89,629. 11.Agreement with the County of Orange for Law Enforcement Helicopter Services Department(s): Police Department Recommended Action: Authorize the City Manager to execute a three-year agreement with the County of Orange, Sheriff-Coroner Department, to provide helicopter services in an amount not to exceed $731,775 for the period of July 1, 2026 through June 30, 2029 and delegate authority to the City Manager to execute subsequent amendments in year two (July 1, 2027 - June 30, 2028) and year three (July 1, 2028 - June 30, 2029) for the contract amount of the first year of this agreement, $221,080, plus up to 10% (Agreement No. A-2026-083). 12.Purchase Order Contract to Avolve Software Corporation for Land Management Electronic Plan Review System (Specification No. 26-060) (General Fund) Department(s): Planning and Building Agency CITY COUNCIL 7 JUNF 16, 2026 City Council 4 - 7 7/7/2026 Recommended Action: Award Purchase Order Contract to Avolve Software Corporation for ProjectDox, a Land Management Electronic Plan Review System, in a total amount not to exceed $85,680, for a one-year term beginning July 3, 2026 and expiring July 2, 2027. 13.Approve Legal Services Agreements with (1) Atkinson, Andelson, Loya, Ruud & Romo, APLC; (2) Carpenter, Rothans & Dumont, LLP; (3) Everett Dorey, LLP; (4) Hanson Bridgett, LLP; and (5) O'Hagan Meyer LLP (General Fund) Department(s): Human Resources; City Attorney's Office Recommended Action: Authorize the City Manager to execute legal service agreements for a maximum amount not to exceed $4,050,000 with the following (Core Agreement No. A-2026-084): 1. Atkinson, Andelson, Loya, Ruud, & Romo, APLC, for the period of July 1, 2026 through June 30, 2029, in the amount of$500,000; 2. Carpenter, Rothans & Dumont, LLP for the period of July 1, 2026 through June 30, 2029 in the amount of $1,500,000; 3. Everett Dorey, LLP for the period of July 1, 2026 through June 30, 2029 in the amount of$1,000,000; 4. Hanson Bridgett, LLP for the period of July 1, 2026 through June 30, 2028 in the amount of$300,000; and 5. O'Hagan Meyer LLP for the period of June 16, 2026 through June 30, 2029 in the amount of $750,000. 14.Facility Use Agreements with Golf Instructors for Golf Lessons and Programming at River View Golf Course Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute five (5) separate non-exclusive facility use agreements with Bongwon Kim, Kyoung I Kwon Victoria, Putting for Eagle, LLC, Robert W. Stevens, and Jamie Estrada to provide golf lessons at River Golf Course in an amount of$500 each per month paid to the City for a term beginning July 1, 2026, and expiring June 30, 2027 (Core Agreement No. A-2026-085). 15.Award $600,000 of Workforce Innovation and Opportunity Act Formula Youth Funds for Program Year 2026-2027 (Non-General Fund) Department(s): Community Development Agency CITY COUNCIL 8 JUNF 16, 2026 City Council 4 - 8 7/7/2026 Recommended Action: Authorize the City Manager to execute agreements to award $600,000 in Workforce Innovation and Opportunity Act (WIOA) youth program funds for a one-year period beginning July 1, 2026, through June 30, 2027, contingent on the availability of WIOA funds for the 2026-2027 program year, with the following organizations (Core Agreement No. A-2026-086): 1. Orange County Children's Therapeutic Arts Center, in the amount of $200,000, to provide paid work experience, career counseling, job readiness and life skills training, mentoring, academic support, and industry-recognized certifications. 2. Working Wardrobes for a New Start, in the amount of $200,000, to provide career coaching, workforce readiness workshops, paid work experience, training in high-demand industries, and supportive services. 3. Taller San Jose Hope Builders, in the amount of $200,000, to provide career pathway training, industry-recognized certifications in healthcare, construction, and child development, employment readiness, job placement, and support services. 16.Resolution and Appropriation Adjustment to Accept the State of California Volunteers Youth Service Corps Award Agreement JP2017-Y2526 (Non- General Fund) Department(s): Community Development Agency Recommended Action: 1. Adopt a resolution to accept the State of California Volunteers grant award, and authorize the City Manager to enter into State of California — Department of General Services, Standard Agreement No. JP2017-Y2526 (Grant Agreement) for $1,500,000 for the Santa Ana Youth Employment Program. RESOLUTION NO. 2026-029 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ACCEPTANCE OF GRANT FUNDS FOR CALIFORNIA VOLUNTEERS 2025-2026 YOUTH SERVICE CORPS COMPETITIVE PROGRAM THROUGH THE STATE OF CALIFORNIA FOR THE CITY OF SANTA ANA YOUTH EMPLOYMENT PROGRAM 2. Authorize the City Manager, or designee, to conduct all negotiations, sign, and submit all documents, including, but not limited to, applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Project scope, including, but not limited to, agreements with contractors, consultants, and vendors detailed in Exhibit B, Budget Detail of the Grant Agreement (Agreement No. A-2026-087). 3. Approve an appropriation adjustment to recognize $1,500,000 in funds from California Volunteers State General Funds-State Grant-Direct account (no. 18318002-52025) and appropriating the same amount to expenditure account CITY COUNCIL 9 JUNF 16, 2026 City Council 4 - 9 7/7/2026 (no. 18318763-various). (Requires five affirmative votes) 17.Resolution Approving the City's Annual Statement of Investment Policy 2026- 2027; Annual Statement of Investment Policy 2026-2027 Department(s): Finance and Management Services Recommended Action: 1. Adopt a Resolution approving the City's 2026-2027 Investment Policy. RESOLUTION NO. 2026-030 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY'S STATEMENT OF INVESTMENT POLICY 2026-2027 2. Receive and file the Annual Statement of Investment Policy 2026-2027. 18.Resolution Establishing the Appropriations Limit for FY2026-27 Department(s): Finance and Management Services Recommended Action: Adopt a resolution establishing the City of Santa Ana's appropriations limit for FY2026-27, as required by state law. RESOLUTION NO. 2026-031 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2026-2027 19.Second Reading and Adoption of City Council Ordinance NS-3096 Appropriating Monies to the Several Offices, Agencies, and Departments of the City of Santa Ana for the Fiscal Year Budget Period Commencing July 1, 2026 First reading at the June 2, 2026, City Council Meeting and approved by a vote of 7-0. Published in the OC Reporter on June 8, 2026. Department(s): Finance and Management Services Recommended Action: Approve the second reading and adopt Ordinance NS- 3096 to appropriate monies to the several offices, agencies, and departments of the City for Fiscal Year 2026-27 (FY26-27), which begins on July 1, 2026, and ends on June 30, 2027. (Requires five affirmative votes) UNCODIFIED ORDINANCE NO. NS-3096 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2026 **END OF CONSENT CALENDAR** CITY COUNCIL 10 JUNF 16, 9096 City Council 4 — 10 7/7/2026 BUSINESS CALENDAR MINUTES:At 7:30 P.M., the Business Calendar was considered. 20.Dissolve the Arts and Culture Commission; Environmental and Transportation Advisory Commission; Historic Resources Commission; Parks, Recreation, and Community Services Commission; and Youth Commission as Part of the Fiscal Year 2026/27 Budget Adoption Department(s): City Clerk's Office Recommended Action: 1. Introduce for first reading an Ordinance amending various sections of the Santa Ana Municipal Code to dissolve five commissions, to remove references to the dissolved commissions, and to reallocate certain powers and duties. ORDINANCE NO. NS-3097 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS) OF CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE TO DISSOLVE THE ARTS AND CULTURE COMMISSION, THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMISSION, THE HISTORIC RESOURCES COMMISSION, THE PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION, AND THE YOUTH COMMISSION; AND RELATED AMENDMENTS TO CHAPTER 30 (PLACES OF HISTORICAL AND ARCHITECTURAL SIGNIFICANCE), CHAPTER 33 (STREETS, SIDEWALKS AND PUBLIC WORKS), AND CHAPTER 41 (ZONING) TO REALLOCATE COMMISSION POWERS AND DUTIES AND TO REMOVE REFERENCES TO THE DISSOLVED COMMISSIONS 2. Adopt a Resolution Pertaining to Compensation for Existing City Boards and Commissions RESOLUTION NO. 2026-032 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING RESOLUTION NO. 2023-093 AND SETTING COMPENSATION FOR CITY BOARDS AND COMMISSIONS MINUTES: Mayor Pro Tem Penaloza expressed concerned regarding the dissolvement of commissions. Councilmember Phan asked for clarification regarding commission activities and public participation at public meetings. City Manager Alvaro Nunez provided clarification regarding commission activities and public participation and involvement. CITY COUNCIL 11 JUNF 16, 2026 City Council 4 — 11 7/7/2026 Mayor Amezcua spoke regarding multiple outlets and opportunities for community participation. MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 20, seconded by Councilmember Vazquez. The motion carried, 5-2, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: COUNCILMEMBER LOPEZ, MAYOR PRO TEM PENALOZA ABSTAIN: NONE ABSENT: NONE Status: 5—2 — Pass **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEM 21.Discuss and Consider Directing the City Manager to Direct City Staff to: (1) Draft a Letter from the City of Santa Ana Expressing Opposition to the U.S. Environmental Protection Agency's (EPA) Proposals to Rescind Federal Drinking Water Regulations for Certain Contaminants in Drinking Water; and (2) Draft a City Ordinance to Require City Council Approval of any Change to the City's Drinking Water Standards and Regulations — Councilmember Phil Bacerra MINUTES: Councilmember Bacerra gave a brief report regarding drafting a letter expressing opposition to the U.S. EPA proposals to rescind Federal drinking water regulations for certain contaminants in drinking water and drafting an ordinance to require City Council approval of any change to the City's drinking water standards and regulations. Mayor Amezcua spoke regarding the EPA's proposals, clarified the proposals will not have an impact on the quality of the City's water supplies, and expressed support for the item. Mayor Pro Tern Penaloza and Councilmembers Hernandez and Phan expressed support for the item. Councilmember Lopez spoke in support of the item and encouraged residents to participate. Councilmember Vazquez spoke in support of the item. CITY COUNCIL 12 JUNE 16, 2Q26 City Council 4 — 12 7/7/2026 RECESS MINUTES: Mayor Amezcua recessed the City Council meeting and convened the Housing meeting at 7:43 P.M. RECONVENE MINUTES: Mayor Amezcua adjourned the Housing Authority meeting and reconvened the City Council meeting to order at 7:44 P.M. CITY MANAGER COMMENTS MINUTES: City Manager Alvaro Nunez thanked the City Council for approving the budget. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Vazquez spoke regarding summer starting, opening of the library, and visiting the Zoo and Movies in the Park. He thanked staff for all their hard work and efforts. Councilmember Lopez wished her mom a Happy Birthday, wished all the fathers a Happy Father's Day, and invited the community to attend the Juneteenth event and Friday Night Lights. Councilmember Phan expressed her excitement for the World Cup, wished her mom a Happy Birthday, and wished all a Happy Fourth of July. Councilmember Bacerra announced his monthly office hours on Saturday, July 11, 2026 at Centennial Park, thanked everyone who participated at Segerstrom Triangle Park this past Saturday to celebrate the activation of the new traffic signal at Segerstrom and Rosewood Avenue, and requested the meeting be adjourned in memory of Sandy Feinberg. Mayor Pro Tem Penaloza highlighted that the City Zoo is now selling beer, wished everyone a Happy Father's Day, and wished his nephew a Happy Birthday. Councilmember Hernandez thanked staff for all their hard work and efforts related to the budget, congratulated his brother and sister-in-law on bringing his niece, Sienna, into the world and wished his brother a Happy First Father's Day, echoed sentiments related to Juneteenth at Centennial Park and Friday Night Lights at El Salvador Park, expressed his condolences to the family who recently lost their 16-year-old son, and addressed officer-involved shootings in the City. CITY COUNCIL 13 JUNE 16, 9Q96 City Council 4 — 13 7/7/2026 MayorAmezcua announced Coffee with the Mayor at Fire Station No. 77 on Saturday from 10:00 A.M. to 12:00 P.M., congratulated Acting Public Works Director Rudy Rosas and his team for Client of the Year Award, announced she attended the U.S. Conference of Mayors last week, and wished all the fathers a Happy Father's Day. She announced that on June 18 she will be having a special meeting with the Neighborhood Association leaders with Councilmember Bacerra and Mayor Pro Tem Penaloza, stated Congressman Correa and Assemblyman Valencia wrote a support letter asking the Board of Supervisors to suspend further advancement of the proposed coordinated re-entry center, formerly known as YGC, and conduct a comprehensive evaluation of alternative locations throughout Orange County, and thanked Supervisor Sarmiento for his support on putting a halt to the funding until the community has an opportunity to meet and discuss this item. She spoke regarding the re-entry program, thanked staff for their hard work and efforts related to the City's budget and leadership, and suggested keeping adolescents involved in the community. ADJOURNMENT—Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting in memory of Sandy Feinberg at 8:08 P.M. Respectfully submitted: Jennifer L. Hall, CMC City Clerk CITY COUNCIL 14 JUNE 16, 9096 City Council 4 — 14 7/7/2026 City Manager's Office www.santa-ana.org/cm Item # 7 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Orange County Grand Jury report titled Wildfires Hit Home dated May 19, 2026 AGENDA TITLE Proposed City Response to Orange County Grand Jury report titled Wildfires Hit Home RECOMMENDED ACTION Approve the proposed City response to the Orange County Grand Jury report titled Wildfires Hit Home dated May 19, 2026. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION On May 19, 2026, the Orange County Grand Jury issued a report titled Wildfires Hit Home (Exhibit 1) regarding home hardening and defensible space measures to save property owners and local governments from catastrophic loss. The report includes findings and recommendations directed at local agencies (pages 31 and 32). The Grand Jury report states "California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report" (page 34). The 90-day deadline is August 18, 2026. The report requires the City of Santa Ana to respond to findings F1 through F6 and recommendations R2 through R4 (page 40). The City of Santa Ana is an urban landscape and does not lie within a Fire Hazard Severity Zone, as designated by the California Department of Forestry and Fire Protection. The City contracts with the Orange County Fire Authority (OCFA) for fire services; and on June 25, 2026, the OCFA Board approved its own response to the Grand Jury report. City management has prepared a proposed response to the Grand Jury report in consultation with the City's Public Work Agency, using information from the City Council 7 - 1 7/7/2026 Orange County Grand Jury report titled Wildfires Hit Home dated May 19, 2026 July 7, 2026 Page 2 OCFA response. The findings and recommendations and proposed responses are detailed below. Grand Jury Findings Findings F1 through F6 follow. More frequent and severe wildfires driven by increasingly hotter, drier, and windier conditions in the Orange County wildland-urban interface are escalating impacts on financial and non-financial resources.Among the financial costs are dramatic increases in homeowners'insurance premiums, nonrenewals, and inabilities to obtain insurance. F2 Actions that address conditions in the home ignition zone to significantly reduce ignition potential can prevent a community wildland-urban interface fire disaster or suburban conflagration. F3 Expanded engagement with the community to raise awareness and provide support regarding home hardening and defensible space will increase effectiveness of wildfire risk mitigation and insurance risk reduction efforts. F4 Achievement of community-level and property-level wildfire risk mitigation designations(such as Firewise USA Site, Fire Risk Reduction Community or Insurance Institute for Business and Home Safety certification) lessens wildfire risk and helps reduce insurance premium costs. F5 All county residents should be made aware that Safer from Wildfire regulation requires insurers to provide discounts to homeowners and communities that implement home hardening and defensible space measures regardless of whether a property is located within a Fire Hazard Severity Zone. F6 AB888, California Safe Homes Grant Program, provides financial assistance to eligible homeowners, cities, counties, and special districts for home hardening and defensible space measures.Applying for and using these grant funds will reduce wildfire losses and improve insurability and resilience of vulnerable communities. Proposed City response: In general, the City of Santa Ana agrees with findings F1 through F6 presented on page 31 of the Grand Jury report. The findings include statements about the insurability and cost of insurance, as noted below, which the City cannot verify and therefore cannot express an opinion. • F1 excerpt: "Among the financial costs are dramatic increases in homeowners' insurance premiums, non-renewals, and inabilities to obtain insurance." • F4 excerpt: "Achievement of community-level and property-level wildfire risk mitigation designations...helps reduce insurance premium costs." City Council 7 - 2 7/7/2026 Orange County Grand Jury report titled Wildfires Hit Home dated May 19, 2026 July 7, 2026 Page 3 Grand Jury Recommendations Recommendations R2 through R4 follow. By December 31. 2026. cities and fire service agencies, including Orange County Fire Authority should commit to participation in a county-wide annual wildfire prevention fair planned by the Oraf}ge County Board of Supervisors to showcase wildfire prevention outreach programs. [Ff, F2.. F3, F4, F5, F6] R3 By December 31. 2026. cities. unincorporated areas; special districts, and fire service agencies in High and Very-High Fire Hazard Severity Zones should initiate planning activities to achieve community-level wildfire risk mitigation designations and'or establish a focal Fire Safe Council within one year. [F4. F5, F6] R4 By December 31. 2026. to ensure city residents are engaged and aware of wildfire risk reduction resources. OCFA member and non-member cities should provide information, develop their own outreach program, and establish a direct contact person(s)for their residents. This is in addition to whatever referrals or references made to OCFA outreach programs. IF I, F2. F3, F4_ F5. F61 Proposed City Response: • R2: If the County of Orange moves forward with a county-wide annual wildfire prevention fair, the OCFA has committed to participating in the event. In matters of fire prevention, the OCFA represents the cities they serve, including the City of Santa Ana. • R3: The OCFA, in partnership with its member cities, is currently and actively executing the objectives in recommendation R3. • R4: As a member city, Santa Ana relies on OCFA for fire prevention expertise, including information and outreach programs. The City does not maintain a fire prevention expert on staff for residents to contact. The City maintains a link to OCFA resources on its website at " The City can and will continue to provide periodic social media outreach, and direct residents to OCFA for fire prevention resources. If City Council approves the proposed response, staff will forward it to the Orange County Grand Jury on behalf of the City before the due date of August 18, 2026. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 7 - 3 7/7/2026 Orange County Grand Jury report titled Wildfires Hit Home dated May 19, 2026 July 7, 2026 Page 4 EXHIBIT(S) 1. Orange County Grand Jury Report Wildfires Hit Home Submitted By: Kathryn Downs, Assistant City Manager Approved By: Alvaro Nunez, City Manager City Council 7 - 4 7/7/2026 Public Works Agency www.santa-ana.org/pw Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Purchase Order Contract for Insecticidal Latex Coating Services for Sewer Manholes AGENDA TITLE Purchase Order Contract with Golden Bell Products Corp for Insecticidal Latex Coating Services for Sewer Manholes (Specification No. 26-051) (Non-General Fund) RECOMMENDED ACTION Award a purchase order contract to Golden Bell Products Corp. for insecticidal latex coating services for an amount not to exceed $100,000, for the one-year term beginning July 7, 2026, and expiring July 6, 2027, with provision for four, one-year renewal options, for a total amount not to exceed $500,000. GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION The Public Works Agency (PWA) maintains the City's sanitary sewer system, consisting of 400 miles of pipeline and 9,000 manholes. Pest and insect infestations in the sewer system is controlled by applying an insecticidal latex coating. This manhole treatment remains effective for 18 months after application, making it a cost-effective and efficient method for insect control. Due to the specialized materials, equipment, and expertise required, the City contracts with a private company to perform these services. Santa Ana Municipal Code Section 2-807 (a) authorizes the City to make non-bid purchases of services, supplies, materials, and equipment whenever it shall appear that there is only one reasonably available source. Golden Bell Products Corp. holds the sole distribution and application rights for insecticidal latex coating in the State of California and has provided insecticidal latex coating services to the City for several years. The company also provides treatment services to approximately 85 other cities and agencies throughout California, including the Los Angeles County Sanitation District. City Council 8 - 1 7/7/2026 Purchase Order Contract for Insecticidal Latex Coating Services for Sewer Manholes July 7, 2026 Page 2 Staff recommends awarding a purchase order contract to Golden Bell Products Corp. to treat approximately 3,636 sanitary sewer manholes annually, maintaining the integrity of the sewer system and minimizing insect-related nuisances throughout the community. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and available in the following accounts for the Fiscal Year 2026-27. Subsequent fiscal year funding for renewal options, if exercised, will be included in the proposed budget for City Council consideration. Fiscal Year Accounting Fund Accounting Unit, Amount Unit-Account Description Account # Description 2026-27 05617640- Sanitary Sewer Sanitary Sewer $ 100,000 62300 Service Service, Contract Services Professional 2027-28 05617640- Sanitary Sewer Sanitary Sewer $ 100,000 62300 Service Service, Contract Services Professional 2028-29 05617640- Sanitary Sewer Sanitary Sewer $ 100,000 62300 Service Service, Contract Services Professional 2029-30 05617640- Sanitary Sewer Sanitary Sewer $ 100,000 62300 Service Service, Contract Services Professional 2030-31 05617640- Sanitary Sewer Sanitary Sewer $ 100,000 62300 Service Service, Contract Services Professional TOTAL: $ 500,000 EXHIBIT(S) 1. Golden Bell Products Corp. Quote Submitted By: Rodolfo Rosas, P.E., Acting Executive Director, Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 8 - 2 7/7/2026 Exhibit 1 GOLDEN SELL PRODUCTS,INC. AIM 952 N Batavia Street Orange, CA 92867 — Phone (714)363-3985 / Fax (714)997-4807 www.goldenbellproducts.com Monday, June 01, 2026 City of.Santa Ana .... ............ Attn: Kathia Reyes, ............................... .220. .S.. Dais. y Ave..QkM- ) .... .. .. ......... . Santa Ana,.A 92703 Dear Kathia: Golden Bell Products to provide all personnel, material and supplies required to coat sanitary sewer manholes with INSECTA, insecticidal latex coating for sewer roach control pest control service. SCOPE OF WORK Golden Bell Products to perform the following items: ♦ Apply INSECTA, an approved product for sewer roach control application in sanitary manholes. ♦ Treat to depth of seven feet or less, with an approximate area of 100 square feet per manhole. ♦ Will prepare and treat according to manufacturer's specifications for preparation instructions. ♦ Apply coating based on the manufacturers recommended label rates, five (5) manholes per gallon, not to exceed three (3) pints per manhole. ♦ Remove existing sewer manhole covers, scrape clean the inside of the cover area, spray Insecta, reseat the cover and mark the reinstalled cover with a painted white mark extending from the manhole cover to the adjoining pavement, indicating that the cover has been reseated properly and firmly. Liability for damage caused by covers that have been reinstalled and marked is limited to 24 hours. Covers that are damaged or will not reseat properly will be immediately reported to the customer. Customer assumes all liability for damages caused by covers that fail to properly reseat. ♦ Mark each manhole cover with an identifying white mark after being treated. ♦ Provide proper supervision at the job site during all phases of work. ♦ Be responsible for coordinating the work to be done. Work will take place in accessible alleys, parking lots, and streets. ♦ Guarantee the application for eighteen (18) months from the date of treatment. If more than 50 living roaches are found in a manhole during the warranty period, the manhole must then be retreated by Golden Bell Products at no additional charge or obligation to Customer. Golden Bell Products will retreat any manhole which inspections with photographs report live roaches within sixty(60) calendar days after notification; providing more than 50 live roaches are found inside the manhole during two inspections occurring two days apart.* ♦ Will report number of manholes treated when submitting billing invoices. Golden Bell Products will indicate in writing on each paper quarter section map, the number of manholes treated, applicators name initials with the date of completion. This will serve as the record of application for the necessary Agencies and warranty information. ♦ Customer will supply paper quarter section maps indicating exact locations of manholes, street names and smart cover locations. Golden Bell Products will not be responsible for any damage to unidentified smart covers. ♦ Customer will make accessible all designated manholes to be coated prior to crew's arrival. If not drive up accessible by service truck Golden Bell Products will notify Customer that the manhole cannot be treated.Any bolted manholes must be unbolted and accessible. ♦ Customer will provide inspection and assistance where necessary. ♦ No more than 90 calendar days will elapse between date of notice to proceed and completion of the application. A reasonable time for potentially unfavorable weather will be mutually agreed upon by Customer and Golden Bell Products ♦ Requirements may be added or deleted from the above Scope of Work however these must be agreed upon by both parties prior to the commencement of work. ♦ The cost of additional permits and/or licenses, other than those already required by the state, required within city limits to perform work within that city will be assumed by the Customer. Golden Bell Products will supply all appropriate insurance coverage required by the state licensing agencies to apply roach control product to sewer manholes; if any additional insurance is required and available at additional costs those costs will be assumed by the Customer. Special Note: Some assistance with traffic control in heavily traveled areas may be required. *NOTE: The Insecticidal-latex coating is not a repellent and therefore, will not repel roaches. They must rest on it to eliminate them!Insecta is not a spot treatment product:for warranty to be in effect and for the best results all manholes must be treated in the same area of the sewer system! Pricing per Manhole Application costs: For less than 1000 Manholes is$29.00 each. For more than 1000 Manholes is$27.50 each. (This is a service—No Sales Tax) * There is a 150-manhole minimum for all jobs This pest control service proposal is good through June 30, 2027. Thank you for this opportunity. If you have any questions, please contact Michelle Webster at 714/363-3985. Sincerely, Michelle (Webster) Holick CEO A& GOLDEN PRODUCTS,INC. AqFM 952 N Batavia Street Orange, CA 92867- PHONE (714) 363-3985 FAX (714) 997-4807 www.goldenbelIproducts.com Sole Source Justification Within the State of California Golden Bell Products has the sole source right for the application and distribution of Insecta. Golden Bell Products has provided the service and product that is used in sewer manholes for the control of cockroaches since October of 1998, when the first test area was treated in the State of California. Insecta is the only registered product of its type and active ingredient labeled for use in sewer manholes. The product is a formulated product, which is produced in an EPA approved establishment. The product comes ready to use and since it is a polymerized product there is no field mixing required (which is not the case with any additive type of product). Insecta has been tested and applied by Orange County Sanitation Districts and has proven to be effective standing up to the eighteen-month guarantee provided by Golden Bell and the product manufacturer. Additionally, this product is used and approved by Los Angeles County Sanitation District and approximately 90 other cities and agencies within the state of California. Over the past 28 years Golden Bell Products has provided this service with minimal price increases. Finally, Golden Bell Products is a local vendor that holds the correct licensing for application of pesticides in sewer manholes. Golden Bell Products is licensed by the California Agricultural Department of Pesticide Regulation. Holding a QAL license with the required categories A and C, and a Pest Control Business License. Golden Bell carries and maintains all current registrations with all the County Agricultural Commissioners in each of the counties they apply the Insecta pesticide in. The accompanying letter from the manufacturer of Insecta shows Golden Bell Products as the sole source for the application and distribution of Insecta in the State of California. City Council 8 - 5 7/7/2026 JABco Jim Lawrence President 16352 Valhalla Drive Noblesville,IN 46060 Toll Free:(888)781-6955 Cell:727-365-6995 April 14, 2025 To Whom It May Concern: I, Jim Lawrence, President of JABco, the manufacturing company for Insecta, EPA registration number 45600-1, have granted Golden Bell Products the sole distribution and application rights within the State of California.Golden Bell Products has proven its expertise in selling and applying Insecta 45600-1 since 1997 and will maintain the sole source to Insecta until the year 2040. Any California company that would use Insecta or Insecta Liquid is required to purchase the material from Golden Bell Products. If any bids were received indicating otherwise, the bidding company is misrepresenting itself. All Insecta 45600-1 product used for manhole cockroach control in sewer manholes is sold through Golden Bell Products. Sincerely im Lawrence President City Council 8 - 6 7/7/2026 Finance and Management Services www.santa-ana.org/finance Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Office Furniture, Installation, and Related Services AGENDA TITLE Aggregate Purchase Order Contracts to Culver-Newlin Inc., GM Business Interiors, National Business Furniture, People Space, Pivot Interiors Inc., Quality Office Furnishings, Vari, and Yamada Enterprises for Office Furniture, Installation, and Related Services (Specification No. 23-080, 23-081, 23-082, 23-092, 26-079) (General Fund & Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to include Culver-Newlin of Corona, CA and Vari of Coppell, TX to the established list of approved vendors on the aggregate contracts listed below for an initial one (1) year term expiring on June 30, 2027, with provisions for two (2), one (1) year renewal options. The total not to exceed amount will not change. VENDOR LOCATION Culver-Newlin Inc. Corona, CA GM Business Interiors Riverside, CA National Business Furniture Milwaukee, WI People Space Irvine, CA Pivot Interiors Inc. Costa Mesa, CA Quality Office Furnishings Yorba Linda, CA Vari Coppell, TX Yamada Enterprises Huntington Beach, CA GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The City establishes Purchase Order Contracts with vendors that provide services and materials required by various City Agencies on a recurring basis. In order to maintain a high-quality work environment, remain compliant with state and federal laws, and to accommodate both newly hired and current staff, the City currently provides office furniture, installation, and related services on an as-needed basis. City Council 9 - 1 7/7/2026 Office Furniture, Installation, and Related Services July 7, 2026 Page 2 On December 3, 2019, the City Council awarded contracts to five vendors for furniture, installation, and related services. Between 2020 and 2023, the City Council approved amendments to support office furniture needs associated with renovations at City Hall and the City Corporate Yard, increasing the number of approved vendors to seven and the aggregate contract authority to $10,507,548. To date, approximately $7.1 million has been expended under these contracts. The proposed action extends the contract term and does not increase the previously approved contract authority. The master cooperative contract with Culver-Newlin has expired, however there is still outstanding work with this vendor. This approval will cover approved Culver-Newlin Inc. projects from July 1, 2026 through July 7, 2026. Vari is being requested to be added in order to provide an additional option for Departments. While the renovation initiative has winded down, there is still a need for routine furniture installation for maintenance and compliance purposes. Departments will continue to be able to utilize valid contracts from past Council approvals. The various furniture purchase order contracts have different expiration dates, currently ranging from November 14, 2027 through June 30, 2029. Staff will continue to monitor contract expirations and furniture needs and, if needed, return to the City Council with recommendations for replacement contracts. Santa Ana Municipal Code, Section 2-807(d), authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The San Bernardino County Superintendent of Schools contract with Culver-Newlin Inc. for Furniture: Systems and Stand-Alone was awarded as a result of open, competitive bidding, and meets the City's requirement. Additionally, the Region 4 ESC—TX contract with Vari for Ergonomic Workplace Solutions was awarded as a result of open, competitive bidding and meets the City's requirements. Staff recommends awarding Purchase Order Contracts with Culver-Newlin Inc. and Vari. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT No additional funding or contract authority is requested as part of this action. The proposed contract extensions and addition of a vendor do not increase the aggregate contract authority previously approved by the City Council. Prior to utilizing the citywide contracts, requesting departments will ensure sufficient budget appropriations are available and follow the City's Purchasing Policies and Procedures. Future fiscal year funding, if needed, will be included in the proposed budgets for City Council consideration. Submitted By: Alexander Trinidad, Executive Director, Finance and Management Services Agency City Council 9 - 2 7/7/2026 Office Furniture, Installation, and Related Services July 7, 2026 Page 3 Approved By: Alvaro Nunez, City Manager City Council 9 - 3 7/7/2026 City Attorney's Office www.santa-ana.org/ca Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Approve Amendment and Agreement for Software Subscription Services AGENDA TITLE Amendment to Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems and Agreement with Thomson Reuters for Legal Research Subscription Services (General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute an amendment to the City's current agreement with Blue Technologies Smart Solutions ("BlueTech") to increase the not-to-exceed amount of compensation to the agreement for use of the iManage Data Management Systems ("iManage") for the period of August 1, 2026 through July 31, 2027 in the amount of$14,604 to provide additional user licenses and increase the data storage size utilized by the use of the iManage system (Agreement No. A-2026-XXX); and 2. Authorize the City Manager to execute an agreement for legal research subscription services in the amount of$167,790 that will commence on July 7, 2026 and will continue through June 30, 2029 (Agreement No. A-2026-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Blue Technologies (iManage) In 2024, the City's Attorney's Office ("CAO") entered into a new agreement with BlueTech to continue its use of iManage Data Management Systems customized for the CAO reflecting the vast amount of documents and scope of legal services provided by the office. Since that implementation went into effect, the ongoing impact and efficiency provided by the iManage system cannot be overstated. Achieving a near paperless legal operation has improved efficiency. The City authorized renewal of the service in 2024 contemplating staffing requirements and an increase of data storage up to 2.4 TB of data. City Council 10 — 1 7/7/2026 Approve Amendment and Agreement for Software Subscription Services July 7, 2026 Page 2 Since 2024, additional staffing in CAO was authorized to address additional legal responsibilities, including Rent Stabilization, Police Review Commission, and a significant increase in personnel litigation. In addition, the transmission and storage of case files and related records utilized as work product by the City Attorney's office has grown more complex as files contain more and more sophisticated data including audio and video components which become sizeable as technologies improve. The amendment to allow for an increase to the amount of user licenses and an additional TB of data storage will allow the continued usage of the Manage system to expand with CAO through the remainder of the term of the Agreement at a cost of $14,604 for the final year of the Agreement with Blue Tech. This amount will increase the previously approved year 3 costs from $36,843 to $51,447. The total amount to be expended under the Agreement, with this proposed Amendment, shall not exceed $143,133. Thomson Reuters (Westlaw) The City's current online legal research service is with Thomson Reuters which commenced on January 1, 2024 and runs through December 31, 2026. The City Attorney's Office ("CAO") utilizes legal research services with access to multiple online court records systems, updated legislation, court filings, case history, and advanced subject matter research tools for CAO to provide legal advice to assist the City. The two main companies which provide legal subscription services utilized through the country are LexisNexis and Thomson Reuters, or as it is commonly referred to as Westlaw. In the late Winter/early Spring of this year, CAO met with representatives of LexisNexis and Westlaw to review their online platforms which now utilize artificial intelligence ("Al") to locate and provide case law, legislative review, and access to other resources, within the libraries of each company, to assist with faster and targeted responses to specific legal issues. CAO's review was focused on three (3) main components related to their Al system: 1) that the review was within a closed library to ensure that any research was only within the listed publications offered by the companies and did not rely on open Al systems; 2) that the work product provided by the company produced reliable results which CAO staff could then review for accuracy; and 3) that CAO work product would not be utilized to "train" an Al system by use of attorney-client work product by CAO into a third party system, such as Westlaw or LexisNexis. CAO was impressed by both systems and the ability of each to provide quick results to our legal research inquiries. Use of this platform for research alone would save hours of attorney/paralegal work time to assist the City. After full review of both systems, CAO selected Thomson Reuters/Westlaw to enter into a new three (3) year agreement commencing upon execution of a Council approved agreement until June 30, 2029, which utilizes Westlaw's Al assisted legal research platform and the addition of City Council 10 — 2 7/7/2026 Approve Amendment and Agreement for Software Subscription Services July 7, 2026 Page 3 Westlaw's Co-Counsel application to assist with the preparation and drafting of legal documents for the City. Upon execution, the prior agreement would expire. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds, as detailed below, are available in the budgeted amounts for FY 2026-27 and funding for subsequent fiscal years will be included in future budgets for City Council consideration. Blue Technologies iMana e Fiscal Year Accounting Unit- Account Amount Account # Description FY 2026-27 01108032-66511 Computer Software $14,604 Subscriptions Total: $14,604 Thomson Reuters Westlaw Fiscal Year Accounting Unit- Account Amount Account # Description FY 2026-27 01108032-66511 Computer Software $52,704 Subscriptions FY 2027-28 01108032-66511 Computer Software $55,867 Subscriptions FY 2028-29 01108032-66511 Computer Software $59,219 Subscriptions Total: $167,790 EXHIBIT(S) 1. First Amendment to Agreement with Blue Technologies Smart Solutions 2. Legal Research Subscription Services Agreement— Thomson Reuters Submitted By: Sonia Carvalho, City Attorney Approved By: Alvaro Nunez, City Manager City Council 10 — 3 7/7/2026 Docusign Envelope ID:AF6B3C43-4244-8772-801 A-AA351 C6AA1 06 FIRST AMENDMENT TO AGREEMENT WITH BLUE TECHNOLOGIES FOR iMANAGE DOCUMENT MANAGEMENT SERVICES THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 7, 2026, by and between Blue Technologies Smart Solutions,LLC,("BTSS'),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. The parties entered into Agreement No. A-2024-103 ("Agreement") dated July 16, 2024, to provide document management services via the iManage Cloud service from August 1, 2024 through July 31,2027. The Agreement is current and in-effect. B. The parties wish to amend the Agreement to increase the overall data storage required by the City, increase the amount of authorized user licenses, and increase the compensation required for this additional data storage and authorized user licenses. The Parties therefore agree: 1. The Agreement is hereby amended to increase data storage and authorized user licenses as detailed in Exhibit A to this First Amendment. 2. Compensation is hereby amended to increase the annual costs by $14,604 for the 3' year of the Agreement as detailed in Exhibit A to this First Amendment. The total amount to be expended during the term of this Agreement shall not exceed$143,133. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Jennifer L.Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM BLUE TECHNOLOGIES SMART SONIA R. CARVALHO SOLUTIONS,LLC City Attorney DocuSigned by: CSOAD45055BA4FB... By. By: Lauren Hanna Title: Division President Page 1 of 1 City Council 10 — 4 7/7/2026 Docusign Envelope ID:AF6B3C43-4244-8772-801 A-AA351 C6AA1 06 Exhibit A - First Amendment to 81ue�Technologies Smart sollitIMIS Agreement #A-2024-103 COwITMERT'O ERC4aERCE-ErERT W Amendment for City of Santa Ana/City Attorney's Office - iManage Work Project - Additional Users 8t Storage Pricing iManage Cloud - Additional 7 users $9,261 - Year 3 iManage Cloud - Additional 1TB storage $5,343 - Year 3 Notes: • Amendment is effective 8/1/2026 o Customer's iManage Cloud Subscription term is 8-1-2024 to 7-31-2027 • Customer will be invoiced $14,604 upon receipt of signed Amendment. • Customer's minimum annual iManage Cloud billing will increase to $51,447 • Total storage increases to 3,400GB • Terms and conditions per the agreement signed 7-24-2024 apply. City of Santa Ana/City Attorney's Office Signature �VIP Printed Name Date Blue Technologies Smart Solutions LLC, Confidential Page 1 of 1 City Council 10 — 5 7/7/2026 Docusign Envelope ID:CFC29C13-5FE5-89A5-802A-73E1139138F40 Order Form Order ID: Q-11384232 '••� Thomson Contact your representative kristina.tierney@thomsonreuters.com with any questions.Thank Y Reuters- °U Sold To Account Address Shipping Address Billing Address Account#: 1000801462 Account#:1000801462 Account#: 1000801462 SANTA ANA CITY ATTORNEY SANTA ANA CITY ATTORNEY SANTA ANA CITY ATTORNEY 20 CIVIC CENTER PLZ M29 20 CIVIC CENTER PLZ M29 20 CIVIC CENTER PLZ M29 SANTA ANA CA 92701-4058 US SANTA ANA CA 92701-4058 US SANTA ANA,CA 92701-4058 "Customer" Us This Order Form is a legal document between Customer and A. West Publishing Corporation to the extent that products or services will be provided by West Publishing Corporation,and/or B. 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Payment,Shipping,and Contact Information Payment Method: Order Confirmation Contact(#28) Payment Method:Bill to Account Contact Name:QUINTANA,David Account Number:1000801462 Email:dquintana@santa-ana.org This order is made pursuant to: eBilling Contact Shipping Information: Contact Name David QUINTANA Shipping Method:Ground Shipping-U.S.Only Email dquintana@santa-ana.org ProFlex Multiple Location Details Account Number Account Name Account Address Action 20 CIVIC CENTER PLZ M29 1000801462 SANTA ANA CITY ATTORNEY SANTAANA New CA 92701-4058 US ProFlex Product Details Quantity Unit Service Material# Description 1 Each 40757482 West Proflex 13 Attorneys 41933475 Westlaw Litigation Collection,Enterprise access,Government 13 Attorney s 42077755 Westlaw All Analytical,Enterprise access,Government 13 Attorneys 43482985 CoCounsel Legal,National Primary,Enterprise Access,Government 13 Attorneys 41935298 Westlaw, PeopleMap Premier and Company Investigator Module, Enterprise access,General counsel Account Contacts Account Contact Account Contact Account Contact Account Contact First Name Last Name Email Address Customer Type Description David QUINTANA dquintana@santa-ana.org EML PSWD CONTACT Lapsed Products Sub Material Active Subscription to be Lapsed 43260273 Westlaw Precision National Primary Law,Enterprise access,Government 41933477 Westlaw Litigation Collection,Enterprise access,Government 41935299 Westlaw,PeopleMap Premier and Company Investigator Module, Enterprise access, General counsel 41933493 Practical Law Premier,Enterprise access,Government 40757481 West Proflex 42077754 Westlaw All Analytical,Enterprise access,Government Charges During Minimum Term Year 1 Year 2 Year 3 % Year4 % Year S Mate Product Charges incr Charges %incr Charges incr Charges incr Charges Bitting rial Yr 1- Yr 2-# Name per Billing per Billing � per Billing Yr 3- per Yr 4- per Freq 2* 3 Billing Billing Freq Freq Freq 4` Fre 5' Fre 4 q 40757 West $4,392.00 6.00% $4655.52 6.00% $4934.85 N/A N/A N/A N/A Month[ 482 Proflex y Charges During Minimum Term Pricing is displayed only for the years included in the Minimum Term. Years without pricing in above grid are not included in the Minimum Term.Refer to your Order Form for the Post Minimum Term pricing. Refer to Order Form for Billing Frequency Type. City Council Page 4of411 0 — 9 7/7/2026 Docusign Envelope ID:CFC29C13-5FE5-89A5-802A-73E1139138F40 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA JENNIFER L. HALL ALVARO N"EZ City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini Chief Assistant City Attorney City Council 10 — 10 7/7/2026 Public Works Agency www.santa-ana.org/pw Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Local Street Preventative Maintenance Fiscal Year 25/26 AGENDA TITLE Award of a Construction Contract to Onyx Paving Company, Inc. for the Local Street Preventative Maintenance FY 25/26 Project (No. 26-6907) (Non-General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $99,990 of spendable fund balance in the Sanitary Sewer Service Revenue, Prior Year Carry Forward and Capital Recovery Charges, Transfer from Fund 056 revenue accounts, and appropriate to the Sewer— Interfund Transfer, Transfer to Fund 054 and Capital Recovery Charges, Improvements Other Than Buildings expenditure account (Requires five affirmative votes). 2. Approve an appropriation adjustment recognizing $134,431 of spendable fund balance in the Public Works Water Revenue, Prior Year Carry Forward and Water Utility Capital, Transfer from Fund 060 revenue accounts, and appropriate to the Water— Interfund Transfer, Transfer to Fund 066 and Water Utility Capital Projects, Contract Services-Professional expenditure accounts (Requires five affirmative votes). 3. Approve an amendment to the Fiscal Year 2026-2027 Capital Improvement Program to include an additional $234,421 in construction funds for the Local Street Preventative Maintenance FY 23/24 Project (No. 26-6490). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of$4,211,250, which includes $3,369,000 for the construction contract, $505,350 for contract administration, inspection, and testing, and a $336,900 for unanticipated or unforeseen work. 5. Award a construction contract to Onyx Paving Company, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of$3,369,000, subject to change orders, for construction of the Local City Council 11 — 1 7/7/2026 Local Street Preventative Maintenance Fiscal Year 25/26 July 7, 2026 Page 2 Street Preventative Maintenance FY 25/26 Project (No. 26-6907), for a term beginning July 8, 2026 and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2026-39 will be filed for Project No. 26-6907. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The Public Works Agency engineering staff use a comprehensive Pavement Management Program that accounts for pavement condition, age, and usage, among other factors, to prioritize and make informed recommendations for street improvement projects. As part of the fiscal year 2025-26 budget adoption, the City Council approved the 2025-26 Capital Improvement Program (CIP), which included funding the annual Local Street Preventive Maintenance project to preserve the quality of the City's street network. The local street segments included within this project have been identified as high priority for rehabilitation and preventative maintenance (Exhibit 1). The recommended work consists of localized replacement of asphalt concrete pavement; cold milling; asphalt overlay; slurry seal; crack sealing; striping; signage; and replacement of damaged concrete curbs, gutters, sidewalks, and curb ramps. Once completed, these changes will improve the City's overall pavement condition, enhance the street's visual appearance, upgrade ride quality, and support compliance with Americans with Disabilities Act (ADA) standards. A copy of construction plans, contracts, specifications, and all related reference materials (such as The Greenbook) is available for public review at the City's Public Works Agency, Central Files office located in City Hall. Project Advertisement and Contractor Procurement To provide an opportunity for local vendors to submit bids, the City notified 2,354 regional vendors via PlanetBids, many of whom are Santa Ana-based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of six bids were received. One bid was received from Santa Ana contractors. As required by law, a Notice Inviting Bids was published in the Orange County Register on May 4, 2026. The project was also advertised in PlanetBids from April 30, 2026 to May 21, 2026. Bids were received electronically via PlanetBids on May 21, 2026. No bid protest was submitted by any bidder during the bid protest period. City Council 11 — 2 7/7/2026 Local Street Preventative Maintenance Fiscal Year 25/26 July 7, 2026 Page 3 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID + ALTERNATES 1 Onyx Paving Company, Inc. Yorba Linda, CA $3,369,000 2 All American Asphalt Corona, CA $3,470,800 3 Hardy & Harper, Inc. Lake Forest, CA $3,503,570 4 Excel Paving Co. Long Beach, CA $3,764,322 5 R.J. Noble Company Orange, CA $3,791,952 6 Vido Samarzich, Inc. Santa Ana, CA $4,166,200 A total of six bids were received, and all six were deemed responsive. Onyx Paving Company, Inc. submitted the lowest responsive base bid in the amount of$3,345,000 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of Base Bid. The add-alternate scope of work in the bid package includes the installation of speed humps. The total bid including the add-alternate scope of work is in the amount of$3,369,000 and is still collectively lower than the other bids including the alternative. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Onyx Paving Company, Inc. (Exhibit 3). Onyx Paving Company, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the past three years, including Fairview Street Rehabilitation (South City Limit to Alton Avenue) and Local Street Preventative Maintenance FY 24- 25. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes a budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either staff or consultants and includes construction management, inspection of the Contractor's work to ensure contract compliance, workmanship and quality, materials testing, and implementation of the labor requirements. Any allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon project closeout. As indicated in the Cost Analysis and as summarized in the table below, the estimated total construction delivery cost of the project is $4,211,250. City Council 11 — 3 7/7/2026 Local Street Preventative Maintenance Fiscal Year 25/26 July 7, 2026 Page 4 Project Item Total Construction Contract Bid Amount $3,369,000 Construction Administration $269,520 Ins ection $168,450 Testing $67,380 Unanticipated or Unforeseen Work $336,900 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $4,211,250 Project Schedule and Contract Time The project completion date is October 2026, barring unforeseeable conditions such as rain, natural disasters, or other delays beyond the control of the City and of the Contractor. The contract time for this project is 65 working days, as specified in the bid documents. Working days are counted in accordance with the City's Standard Specifications, which exclude weekends, City-observed holidays, and inclement weather days that prevent work. The contractor was required to submit a construction schedule as part of their bid to expedite delivery of the project. The projected completion dates based on the submitted schedule is October 2026, which is within the allotted 65 working days. If the contractor fails to deliver on time, they will be assessed a penalty of$8,700 per calendar day as specified in the bid documents. The actual completion date will depend on the contractor's schedule, material procurement timelines, and any unforeseen delays. Based on a typical project timeline, the estimated project completion is provided below: Project Milestones Milestone Estimated Notes Completion Date Administrative Startup July 2026 Contract execution, bonds, insurance Material Procurement July 2026 Procurement may take place concurrently with construction. Contractor Mobilization July 2026 Start of construction activities Project Completion— October 2026 Based on 65 workin da s Project Phasing The contractor will be constructing this project in the following phases: 1. Phase I: Localized asphalt repairs, curb, gutter, sidewalk, ramp repairs, and upgrades. 2. Phase II: Performing grind and asphalt capping and installing slurry seal. City Council 11 — 4 7/7/2026 Local Street Preventative Maintenance Fiscal Year 25/26 July 7, 2026 Page 5 3. Phase III: Installation of roadway markings and signs. Public Outreach The project scope spans across multiple neighborhoods, with the majority of the work in the Madison Park and Delhi neighborhoods, and will impact nearby businesses and residences. To ensure timely and effective communication, the following notification measures will be implemented prior to the start of construction: • Electronic message signs will be installed two weeks in advance of construction activities to provide early notice of the project's start date. • A project information sign will be posted at the construction site, including contact information for public inquiries. • Residents and businesses within 1,000 feet of the project limits will receive door hangers or mailed notifications at least two weeks before construction begins • A second round of notification will be issued 48 hours prior to the start of construction to residents and businesses adjacent to the limits of work. • The City will also disseminate information through its official website and social media platforms to keep the public informed of construction activities, including any lane closures. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(c) of the CEQA Guidelines for projects consisting of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. The proposed project continues to meet these CEQA Guidelines parameters and Categorical Exemption Environmental Review No. ER-2026-39 will be filed for Project 26-6907 (Exhibit 4). FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $4,211,250. With the approval of the requested appropriation adjustment, all funds will be available for expenditure in Fiscal Year 2026-2027. Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers into Fiscal Year 2027-2028 (Exhibit 5). The proposed contract authorizes staff a maximum of 10% for construction contract change orders. Staff will return to City Council for authorization and appropriation of additional funding if necessary. With the approval of the requested appropriation adjustments, a portion of the accumulated fund balance will be appropriated for spending in the Capital Recovery Charges, Improvements Other Than Buildings expenditure account (No. 05417647- 66220). The spendable portion of the fund balance is estimated at $540,453 as of June 30, 2026, which is sufficient to allow for the recommended appropriation of$99,990. Additionally, a portion of the accumulated fund balance will be appropriated for City Council 11 — 5 7/7/2026 Local Street Preventative Maintenance Fiscal Year 25/26 July 7, 2026 Page 6 spending in the Water Utility Capital Projects and Water Capital Project expenditure account (No. 06617647-66301). The spendable portion of the fund balance is estimated at $3,415,341 as of June 30, 2026, which is sufficient to allow for the recommended appropriation of$134,431. Funds will be budgeted and available for this item in the accounts below. Accounting Unit Fiscal Fund Accounting Unit, Year —Account No. Description Account Description Amount Project No. CURRENT BUDGET 01117660- Pub Wks-Road 2026-27 66220 General Fund Maintenance,Improvements Other $493,281 (26-6907) Than Buildings 03217662- Measure M — Measure M2 Local 2026-27 66220 Street Fairshare St, $3,483,548 (26-6907) Construction Improvements Other Than Buildings APPROPRIATION ADJUSTMENT 05417647- Sanitary Capital Recovery 2026-27 66220 Sewer Capital Charges, Improvements $99,990 27-6490 Other Than Buildings 06617647- Water Water Utility Capital 2026-27 66301 Acquisition & Projects, Water Capital $134,431 27-6490 Construction Project TOTAL $4,211,250 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Environmental Determination 5. Capital Improvement Project Worksheet Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 11 — 6 7/7/2026 I! 11 I: 11 EXHIBIT 1 ii ! q J L I !'Dlhldkfl,j J, P JL :L..—..J L & �j IL F-!j: BEWLEY11 N BERK 0Cd1I AL .1 31:1 zi z;! ST ANDREW j L F. ANNE II II—'jfQQQ it III I L (L WARNER ------ [179 WARN uj Ld jil ail. 0 LEGEND :150 51 CRACK SEAL AND SLURRY SEAL. !II 8!11 111 COLD MILL 2"AND PLACE,2"ASPHALT RUBBER HOT MIX jl:i (ARHM).AT CUL-DE-SACS,PLACE 2"AC INSTEAD OF ARHM. III III —10 NEIGHBORHOOD BOUNDARY FXI NEIGHBORHOOD NUMBER L LIII A jIj I! W� I if =ALTON 111 L AL " f-"--,--"- A- 04 I'- 11 wi! II E j I ij! III BE .: !j j1! A ' pj j: f KELLER NEIGHBORHOO DS 11 SANTA ANA MEMORIAL PARK 17 7:SOUTH COAST 19-SUNWOOD CENTRAL 50-ROSEWOOD BAKER GENERAL NOTES 1.SEE CONCRETE IMPROVEMENTS IN PROJECT SPECIFICATIONS APPENDIX K 2.SEE 2"-6"ASPHALT LOCALIZED REPAIRS IN PROJECT SPECIFICATIONS APPENDIX L. 3.CONTRACTOR SHALL CONTACT AND COORDINATE WITH UTILITIES FOR MANHOLE ADJUSTMENTS. t,ORAtqo t' e- PROJECT NO. 26-6907 C, Local Street Preventative Maintenance FY25-26 Neighborhood Location Map City Council 11 - 7 CITY OF SANTA ANA EXHIBIT 2 PROPOSAL PROJECT NO.: 26-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 25-26 BID PROPOSAL TO: CITY COUNCIL OF TNF CITY OF SANTA ANA FROM: ONYX PAVING COMPANY, INC. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount Unclassified Excavation* 400 CY $ S i62 I218(o 2 Asphalt Concrete(AC)* 1,000 TN $ S 24 Z 2y21 000 3 Asphalt Rubber Hot Mix(ARHM)* 5,300 'I N $ $ I (o3 '6- (: 3�°l00 4 Cold Mill(2")* 445,000 SF $ 0. q)- S 14 100 1 5 Rubberized Emulsion Aggregate Slurry 1,400 ELT S $ (REAS)Type If* 737 1 , 0 3( P 900 6 Crack Seal 1 LS S $ 13`7, 00o 137 000 7 Protection of Surface Utility Frames& I LS S Covers S, 2 c�-7 S Z� 1 8 Remove and Construct PCC Sidewalk 15,800 SF S S (T=4")s I L4 Z 2 l 1 Z 0 0 9 Remove and Construct PCC Driveway 1,100 SF $ $ Approach(T=6")* Z r 10 Remove and Construct PCC Curb Ramp 600 SF S $ (Caltrans STD A88A) 6*W2 L4 14 4 00 I 1 Remove and Construct PCC Curb and 100 LF S S Gutter(Type A-2-6 and/or Match 11 111100 Existin 12 Remove and Construct PCC Curb 50 L F S S (SPPWC Type A 1-6 and/or Match S, SS-0 Existing)* 13 Remove and Construct PCC Cross-Gutter 2,600 SF $ S (Local Street)* TZ I 800 City Council P-1 ()I'P-1I — 8 7/7/2026 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 26-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 25-26 Item Description Qty Unit Unit Price Amount 14 Root Shave* 60 EA $ / 3 q S 3$ f0 1 3q D 15 Furnish and Install New Water Valve 120 EA S S Frame and Cover to Finished Grade I I 139 320 16 Furnish and Install New Manhole Frame 90 EA $ S &Cover to Finished Grade 17 Adjust Water Meter Frame and Cover to 1 EA S Finished Grade i t 1, 11 1 k 18 Adjust Survey Monument Frame&Cover 12 FA S S to Finished Grade 111 13 1 332 19 Furnish and Install Traffic Loops Type F 4 EA 5 S 5 55 Z, 7,2_() 20 Furnish and Install Traffic Loops Type E 8 LA S 555 S `4 i yyv 21 Project Advertisement Sign 2 EA $ S 21900 S, (000 22 Signing&Striping 1 LS $ S 1421000 ILIZ, 000 23 Construction Permit 1 LS $13,500 $13,500 City Council P-2 of 1'-11 — 9 7/7/2026 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 26-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 25-26 TOTAL BASE BID (Items 1-23) S 3�3y,S- p pD ADD ALTERNATE BID Item Description Qty Unit Unit Price Amount 24 Seed Hump* 1 EA $ 2H{ 000 $ 2N 000 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all,or none of the add-alternate bid items(if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the"25%"limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (65) working, days after the commencement date stated in the Notice to Proceed. Slurry seal must be completed by September 30, 2026. All slurry seal work must meet slurry seal weather condition requirements. If slurry seal is not completed by September 30, 2026, liquidated damages will be placed on the contractor. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be$8,700 per calendar day. ONYX PAVING COMPANY, INC. -CORPORATION Name of Firm COREY R.KIRSCHNER-CEO;ANTHONY STEEN-PRESIDENT;JAY KIRSCHNER-VP,SEC,TREAS. Signature of BIDDER Title COREY R. KIRSCHNER - CEO (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager,thereof.) City Council P-3 of P-19 — 10 7/7/2026 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 26-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FISCAL YEAR 25/26 This CONSTRUCTION CONTRACT is made and entered into this 7t`day of July, 2026 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Onyx Paving Company, Inc. (hereinafter"CONTRACTOR").. WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, Local Street Preventative Maintenance (hereinafter referred to as the "WORK OF IMPROVEMENT"')-identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Three Million Three Hundred Sixty Nine Thousand Dollars and No Cents ($3,369,000.00), as set forth and identified in the itemized BID PROPOSAL uploaded by the Contractor to PlanetBids, which is attached hereto and incorporated herein as Exhibit"A". The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only,and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 9N/p/9901 11 — 11 Page 1 Z7g2026 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements and Liquidated Damages section of the BID PROPOSAL (Exhibit "B") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay,and will require all subcontractors to pay,all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA),a pre-hire collective bargaining agreement,which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: h=://www.santa-ana.org/pwa/documents/CWA.pd 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work(Performance Bond),and one in the amount of One Hundred Percent(100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars($500,000),the Warranty Bond amount shall be the greater of Ten Thousand Dollars($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars($500,000),the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000)or Ten Percent(10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions,to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property,arising directly or indirectly from,or in any manner relating to,any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 11 — 12 Page 2 Zt-d2026 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA ANA JENNIFER L. HALL ALVARO NUNEZ City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney Onyx Paving Corgi y, Inc. KAE NELLESEN BY: ��J P1,fXC�l vW— Assistant City Attorney TITLE: RECOMMENDED FOR APPROVAL: �ooloG fo Rosat Rodolfo Rosas(Jun 23,2026 16:40:17 PDT) RODOLFO ROSAS, P.E. Acting Executive Director Public Works Agency City Council 11 — 13 Page 37)�7�2026 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On June 19 2026 before me, David Wiltfong, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Jay Kirschner Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(x) is/am subscribed to the within instrument and acknowledged to me that he/ske/thoey executed the same in his/her/their authorized capacity(i4t),and that by his/hxr/their signature( on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. • WITNESS my hand and official seal. DAVID WILTFONG Notary Orange -California 41_1 y o Orange County Commission k 2536462 Signature My Comm.Expires Oct 24,2D29 + Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 City Council 11 — 14 7/7/2026 City of Santa Ana Page 1 of 3 Local Street Preventative Maintenance FY 25/26(Project#26-6907).bidding on 05/2112026 2:00 PM(PDT) Printed 0 6/0 212 02 6 EXHIBIT A Submission Bidder Details Vendor Name Onyx Paving Company,Inc. Address 22707 LA PALMA AVE. YORBA LINDA,California 92867 United States Respondee COREY R.KIRSCHNER Respondee Title CEO Phone 714-632-6699 Email bids@onyxpaving.com Vendor Type CADIR License# 630360 Submission Detail —Submission Format Electronic Submitted 05/21/2026 1:42 PM(PDT) Delivery Method Responsive Submission Status Submitted Confirmation# 488294 Respondee Comment Buyer Comment Attachments File Title File Name Fite Type SCANNED BID-SANTA ANA.pdf SCANNED BID-SANTA ANA.pdf General Forms SCANNED OWNERSHIP AFFIDAVIT- SCANNED OWNERSHIP AFFIDAVIT Ownership Affidavit(Notary Public)-REQ Original Hard Copy SANTA ANA.pdf SANTA ANA.pdf Submittal in Addition SCANNED BID BOND-SANTA ANA.pdf SCANNED BID BOND-SANTA ANA.pdf Bid Bond Guaranty(Notary Public)-REQ Original Hard Copy Submittal in Addition SCANNED NON-COLLUSION AFFIDAVIT- SCANNED NON-COLLUSION AFFIDAVIT- Non-Cotlusion Affidavit(Notary Public)-REQ Original Hard SANTA ANA.pdf SANTA ANA.pdf Copy Submittal in Addition City Council 11 — 15 7/7/2026 PlanetSids City of Santa Ana Page 2 of 3 Local Street Preventative Maintenance FY 25/26(Project#26-6907),bidding on 05/21/20.16 2:00 PM(PDT) Printed 06/02/2026 Line Items Discount Terms No Discount _......... _...___... ..._.,._........_..... _.... _... ' .......... ...... ......_. ._............. -- _... --- ------------ Item Item i # code,1ypa, ItemDescriptlon UOM-" QTY Unit Price Line Total Response Comment peep.. .epee TOTAL BASE BID '$3,345,000.00 1 unclassified Excavation' !CY 400 $182.00 $72,800.00 Yes - _-.epee.. 1 2 i :Asphalt Concrete(AC)- TN 1000 $242.00 $242,000.00 ;Yes _ _ _.y_ __ peep_.. ill3 Asphalt Rubber Not Mix(ARXM TN ,5300 $163.00 $863,900,00 Yes ............... 4 : 'Cold Mill(Zr i SP 445000 $0.42 $1186,9110,00 Yes ___Type ----_-__. S Rubberized Emulsion Aggregate Slurry(REAS)Typa Ila ELT 140D $737M ;$1,031,800.00'Yes _.i,, peep_ .epee-........_ ... .._......-... ._............ ..........._.. ..__.._._. ___..._ _Type ...._........6 .Crack Seal LS 1 i$13b000.00 $137,000.00 Yes ......._._. _._ __...-..........._..._--.--.._._...__..._....._.__...,.............._._.................._. . __...-_. ._._..._..... ------...-----... _.....__;_. .._....__. _ ._-`- .__..__._ ._' _ .._..... _..... 7 Protection of Surface Utility Frames&Covers .LS 1 55,297.00 $5,297.00 +Yes _ peep_._.. ..epee_ ...__. -- peppy ...........___..................._...__.... ..._....._.._. .. .. ....-_.. 8 :Remove and Construct PCC Sidewalk IT-4")M SF 15400 =$14.00 $221,20000 Yes _.._......... ..........._.......-----------------.. ______._ .. __._.___ ...-___.—_ _ .._........_ __..____.. 9 Remove and Construct PCC DAveway Approach(To Vj* SP .:1100 S24A0 "$26,400.00 Yes ._.__ -. --.epee. ..__.... .. ..._..._ __..__ _...__.___ .___..__.. .._._..._..___ ._...... ...._..__... -_.._,__..... _..... _. _..10 Remove and Construct PCC Curb Ramp(Celtrans STD ASSA) :SF 600 $24.a0 S14A00A0 Yes .___._ 'Remove and Construct PCC-Curb and Cutte}-(7ypeM-2�aa� rTlatcbEkisting}•--.. .. ... ._ peep... •LF lob....__`#117A0 $11,100M ,Yes .- .. ..._.-_..._ . _....__...,_ _...,__.. ...._.___... epee... ... .............__..__........._. ....._-. Type .._._!12 -Remove and Construct FCC Curb(SPPWC1ypeA1-6 and/or Match Existing)* ELF '50 $111a0 $5,650.00 Yea _ _.---_.__ _. 13 Remove and Construct PCC Cross-Gutter(Loot Street)• SF 2600 $28.011 $72,11100A0 Yes - ___..__. _..._...__.." .-_._____ 14 R90tShXW EA "60 -$639.00 $38,340.00 Yes 15 - Furnish and Install New Water Valve Frame and Cover EA 120 $1,111.OD ,$133,320.00 Yes ......__........ .._.____._ .................. ..........__..... ......Type __ .peppy------ Id - Furnish and Install New Manhole Frame&Cover to Finished Grade I CA 90 "$1,111.00. S99,990,00 Yes 117 Adjust Water Meter Frame and Cover to Grade EA 1 $1,111.00. S1,111.00 Yes . ..---._ .Type.----------. .------- -----_ .--- -------------'---'-----'---------- �-----__---- ------ ------..epee-----_. 18 :Adjust Survey Monument prams and Eoverto Grad e EA 12 $11.111.00 ,$13,332.00 Yes ' 79 Furnish and InstaUTraffic Low Type F EA 14 SSSSAO $2,220A0 Yes . .. ........_.._.._.._.....,.__,—_............... .____..__. ....... -.zD 1 Famh tTr handinstallTraffkLoop57ypeE EA a $555.00 $4A40A0 Yes 21 'Pro)ectAdvertisement Sign EA 2 :$2,800A0 $5,400.00 Yes — .. 22 ,Signing and Striping LS 1 :$142,090.00 i S142,000.00 Yes ' j 23 j .Construction Permit LS 1—j$ffiSQO.DO 513,500.00 ;Yes ADD ALTERNATE BID SZ4,000A0 24 speed Hump• EA 1 $24.08016 l$24,000,00 Yes .. ...... ..__...,.._.. _......_...__ .._______ ....__._.... 25 Asterisk Notes pert•3e1`speclRwHoas NA 0 SO" $0A0 Yes -The quantity for this bid item is shown forbid comparison onty.Thhbid item shall not be subject to the"25W Umit as stated - ;26 In Section 7-35 of the Standard 5pecifiwtlonz The actual amount for this item will be dictated by the actual quantity used, "NA 0 :$OAO `$OA0 "Yes and the Agency reserves the right to increase or decrease the quantity of this item accordingly. City Council 11 — 16 7/7/2026 PlaWBids City of Santa Ana Page 3 of 3 Local Street Preventative Maintenance FY 25/26(Project#26-6907),bidding on 05r2 IP-026 2:00 PM(PDT) Printed 06102/2026 Line Item Subtotals Section Title Line Total TOTAL BASE BID $3,345,000.00 ADD ALTERNATE BID $24,000.00 Grand Total $3,369,00111.00: City Council 11 - 17 7/7/2026 PlanetBids EXHIBIT B CITY OF SANTA ANA PROPOSAL PROJECT NO. 26-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 25-26 The lowest responsible bidder shall be selected based on the total base bid.The City reserves the right to award the Base Bid,and any,all,or none of the add alternate bid items(if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be sulziect-to-the l 44250/V!limit-as-stated in Section-7-8.5-ofthe-Standard Specifications. The actual- amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. TIME FOR COMPLETIONQF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (65) working days, after the commencement date stated in the Notice to Proceed. Slurry seal must be completed.toy:.September 330,2026.All slurry seat work must meet slurry seal weather condition requirements.If slurry seal is not completed by September 3 W,2026, liquidated damages will be placed on the contractor. The liquidated damages amount,in lieu of the amount specified in Subsection 6-9 of the Standard Specifications,shall be$8,700 per calendar day. ONYX PAVING COMPANY, INC.-CORPORATION Name of firM ,COREY R.KIRSCHNER-CEO;ANTHONY STEEN-PRESIDENT,JAY KIRSCHNER-VP,SEC,TREAS. Signature of BIDDER — V Title COREY R. KIRSCHNER- CEO (If an individual,so state. If a firm or co-partnership,state the firm name and give the names of all individual po-partners composing the firm, If a corporation,state legal name of corporation, and names of President, Secretary,Treasurer and Manager,thereof.) City Council 18 7/7/2026 Exhibit 3 (3) Final Audit Report 2026-06-23 Created: 2026-06-23 By: Skylar Wilk(swilk@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAxowhg632pfregT-BtQID8PcyOk-8vxZS "Exhibit 3 (3)" History Document created by Skylar Wilk (swilk@santa-ana.org) 2026-06-23-11:37:27 PM GMT Document emailed to Rudy Rosas (rrosas@santa-ana.org) for signature 2026-06-23-11:37:33 PM GMT Email viewed by Rudy Rosas (rrosas@santa-ana.org) 2026-06-23-11:37:44 PM GMT Signer Rudy Rosas (rrosas@santa-ana.org) entered name at signing as Rodolfo Rosas 2026-06-23-11:40:15 PM GMT Document e-signed by Rodolfo Rosas (rrosas@santa-ana.org) Signature Date:2026-06-23-11:40:17 PM GMT-Time Source:server-Signature Appearance Selected:TYPE Agreement completed. 2026-06-23-11:40:17 PM GMT I y ounce 11 — 19 7/7/2026 EXHIBIT 4 MAYOR CITY MANAGER Valerie Amezcua Alvaro Nunez MAYOR PRO TEM "`�`"'� CITY ATTORNEY David za Sonia R.Carvalho COUNCILMEMMEMBERS CLERK OF THE COUNCIL Phil Bacerra Jennifer L. Hall Johnathan Ryan Hernandez Jessie Lopez Thai Viet Phan Benjamin Vazquez PUBLIC WORKS AGENCY 20 Civic Center Plaza(M-36) P.O.BOX 1988•Santa Ana,California 92702 (714)647-5690•Fax(714)647-5823 www.santa-ana.org NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To. COUNTY CLERK From: City of Santa Ana County of Orange Public Works Agency P.O. Box 238 20 Civic Center Plaza (M-36) Santa Ana, CA92702 Santa Ana, CA92702 Project Title: Local Street Preventative Maintenance FY 25/26 Project Number(s): 26-6907 Project Location: Citywide (Partial) City: Santa Ana County: Orange ER Number: ER-2026-39 Date of Approval: 07/21/2026 Project Description: Proposed AC improvements include crack seal & slurry seal, cold mill & overlay, and localized repairs throughout the City. PCC improvements include sidewalk, curb & gutter,cross gutter,and driveway repairs as well as modifying curb ramps to current ADA requirements Signing & striping is also included. Applicant Name: City of Santa Ana, Public Works Agency Applicant Address: 20 Civic Center Plaza M-36 Santa Ana, CA 92702 Name of Public Agency Approving Project: City Council Name of Agency Carrying Out Project: Public Works Agency Exempt Status: ❑ Ministerial(Sec. 15268) ❑ Declared Emergency(Sec. 15269(a)) ❑ Emergency Project(Sec. 15269(b through e)) ❑ General Rule (Sec. 15061(b)(3)/(5)) ❑ Statutory Exemption: 0 Categorical Exemption: 15301(c) Reason(s)Why Project is Exempt From CEQA: 15301(c) consists of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. City Contact: Alexandru Ban. Title: Senior Civil Engineer Telephone: (714)647-5665 Signature: _ Date: Ste/ 2 ( City Council 11 — 20 7/7/2026 {{ © q {-w 6 � &yR\ ¥ & ¥ o a%� (mm \ \) C � C C k w >6 Cl) / j \ \$\ \ k Cl) =LU ) /#Ell » � �� � t \ \ k 2 \ \ k )e * Z Cl) £ t \ & 0 * 3 a % LL S a L a) k} a ,{ Cl)a a ¥ $/ ar C)2 m Ecrj ® b \ \ k b \ \ k ) LU0 / / >. / r 0 / w > e/ � \ ¥ > \ ¥ \\± Q wle ,gG Q U &e§ 2 0 0 0 0 0 0 , o , , o \ w 22(aa R@ 8 Q e@ C C 0 / & m « 6 CD a ( Cl) � / CD F- a �/ ! B % co LU w c o o m o , o , , o = e e ® o 3 m 0 \ / m / \ D Q / \ Iq s » 0 & Q R ° b - LL m ¥ � z 4 \ m \ 0 2 / § 0 / a § 0 ' 0 ' ' o U q � a ( � 0 R o iz o o K N c / & � « 3 0 � LU \ xƒ LL \ Iq a LL 0 \ 0 « 0 a}\ Ni -7 4z IL ¥ � o 1, o , o 0 z » (\ $ \ / � 2 @ / @ ? Rt z ° ( / Co / CN $ \ � Cli « w z \\\ n ¥ a ¥ C14 LL/ � 0 tz \;\ CL *)\ � F- \ Q 0 @ w 0 / )®){ 2 z } @ w ® ¥� ' g � � \ k v U \k\/ LL 0 } LL § z \ w ° ®20 R / E w x # k \ p /}/\ w j \ Q / E \ § E s 4 > ;7k \ / k \ \ / § \ k \ aw2@ > IL m � 2 b / L — w 0 § -j \ L- 3 w CL I U \ a V \ � F- L) Lu LU L) \ O \ g O $ \ U 2e a \ / a \ \ q k \ � _ Public Works Agency www.santa-ana.org/pw Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Memorandum of Understanding with Republic Services Related to Waste Infrastructure System Enterprise Agreement with County of Orange AGENDA TITLE Memorandum of Understanding with Republic Services Related to Waste Infrastructure System Enterprise Agreement with County of Orange (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a Memorandum of Understanding with Republic Services to formalize the refuse rate stabilization plan associated with the County of Orange Waste Infrastructure System Enterprise agreement for FY 2026-27 (Agreement No. A-2026-XXX). GOVERNMENT CODE 484308 APPLIES: Yes BACKGROUND & DISCUSSION On January 27, 2026, the Orange County Board of Supervisors (the "County") adopted a new Waste Infrastructure System Enterprise (WISE) Agreement, establishing updated regional rates for municipal solid waste disposal at County landfills. The agreement introduces a phased increase in landfill disposal rates beginning July 1, 2026, thereby increasing the City's cost of providing solid waste services. While landfill disposal costs have increased, the WISE agreement remains the most cost-effective landfill alternative due to the County's control of the regional landfill system and overall higher costs of feasible alternatives. To address the adopted changes made by the County, on April 21, 2026, the City Council approved the WISE agreement with the County and directed staff to implement a one-year rate stabilization strategy to manage and address the financial impacts of the new rates. This approach utilizes available reserves in the City's Refuse Enterprise Fund to offset disposal cost increases for residential, multi-family, and commercial customers, preventing the immediate pass-through of the WISE agreement related costs during the one-year period. This one-year measure will allow time for the City to complete the Proposition 218 regulatory compliant process in order to implement a new City Council 12 — 1 7/7/2026 Memorandum of Understanding with Republic Services Related to Waste Infrastructure System Enterprise Agreement with County of Orange July 7, 2026 Page 2 rate structure, aligning the City's costs for providing solid waste disposal services caused by the increases adopted by the County. The proposed Rate Stabilization Memorandum of Understanding (MOU) with Republic Services (Exhibit 1) will facilitate the implementation of the City's rate stabilization strategy and formalizes the financial arrangement between the City and Republic Services for Fiscal Year 2026-27. The MOU maintains existing Franchise Agreement provisions, including applicable fees and adjustments, while introducing a rate stabilization approach to address increased landfill disposal costs resulting from the WISE Agreement. The use of Refuse Enterprise Fund resources is limited to eligible landfill disposal-related costs and is intended as a temporary measure through June 30, 2027. Approval of the MOU will allow time for the City to complete the Proposition 218 process and establish a long-term refuse rate structure that reflects the increased disposal costs under the new WISE Agreement. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT As discussed in the April 21, 2026 staff report, the WISE Agreement increases the landfill disposal rates charged by the County beginning July 1, 2026. The City will reimburse Republic Services for the increased disposal costs as part of the approved rate stabilization strategy. The estimated annualized financial impact of the increased landfill disposal rates is approximately $6.8 million. The FY 2026-27 adopted budget includes $3.4 million, representing approximately six months of the estimated annualized cost and providing adequate time for the City to process and implement a new rate structure during FY 2026-27. No additional appropriation is being requested at this time. Staff will continue to monitor funding needs throughout the fiscal year, and any additional funding requirements will be presented to the City Council for consideration and appropriation at a later date. Accounting Fiscal Unit—Account Fund Accounting Unit, Amount Year No. Description Account Description Project No. CURRENT BUDGET Refuse Refuse Collection 2026-27 06917640- Collection Service, Contract $3,400,000 62300 Service Services - Professional City Council 12 — 2 7/7/2026 Memorandum of Understanding with Republic Services Related to Waste Infrastructure System Enterprise Agreement with County of Orange July 7, 2026 Page 3 TOTAL I $3,400,000 EXHIBIT(S) 1. Memorandum of Understanding with Republic Services Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 12 — 3 7/7/2026 Exhibit 1 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA ANA AND REPUBLIC SERVICES REGARDING FISCAL YEAR 202612027 RATE STABILIZATION REIMBURSEMENT This Memorandum of Understanding ("MOU") is entered into on this 7th day of July, 2026 by and between the City of Santa Ana, a charter city and municipal corporation ("City")and Republic Waste Services of Southern California, LLC dba Republic Services ("Republic"). SECTION I. RECITALS A. The City and Republic entered into an agreement entitled "Agreement Between City of Santa Ana and Republic Waste Services of Southern California, LLC DBA Republic Services for Collection and Handling of Solid Waste Generated, Produced and/or Accumulated in the City of Santa Ana" (A-2021-171) dated. August 17, 2021 (the "Franchise Agreement"). The Franchise Agreement remains active in full force and effect. B. The County of Orange, through Orange County Waste & Recycling (OCWR), operates the County-owned landfill system, including three active landfills and approximately 20 inactive sites. Since 1997, Orange County cities have participated in the Waste Disposal Agreement (WDA), which provided guaranteed landfill capacity and disposal rates of at least 10% below noncontract customers. The WDA has been amended several times, in 2004, 2009, 2015 and most recently for a one-year extension in 2025. As the WDA neared expiration, OCWR developed the successor Waste Infrastructure System Enterprise (WISE)Agreement. C. The WISE agreement increases OCWR landfill disposal tonnage rates to address funding gaps for landfill closures, capacity expansions, and rising operational costs the current annual Consumer Price index (CPI) adjustments do not cover. D. The City of Santa Ana approved the WISE agreement on April 21, 2026. Republic executed an acknowledgment regarding the WISE agreement on April 30, 2026.The increased WISE rates will go into effect beginning July 1, 2026. E. To mitigate the impact of the first year of City's collection rate increases resulting from OCWR's WISE disposal rate increases, the City will use reserves from its Refuse Enterprise Fund to pay Republic and offset the WISE rate impact for residential, commercial, and multi-family rates for Fiscal Year (FY) 2026/2027. SECTION ll. PURPOSE The purpose of this Memorandum of Understanding (MOU) is to memorialize the City Council ' 1 - 4 7/7/2026 agreement between the City and Republic regarding the refuse rate stabilization payments from the City to Republic for Fiscal Year (FY) 2026/2027. This MOU will address rate stabilization reimbursement methodology, timing of invoicing to the City, terms of payment, methodologies to calculate the rate stabilization reimbursement by collection sector, and the methodology to calculate franchise fee remittances to City for commercial rate stabilization payments for subsidization of OCW R landfill tonnage rate increases and the preservation of existing Article 3 franchise fees.The purpose of the City's use of reserves is to stabilize rates for residential and commercial customers and to ensure that Republic is fully compensated in accordance with the requirements of the Franchise Agreement for services provided to customers. This MOU does not formally amend or supersede the existing Franchise Agreement (A- 2021-171) between the Parties, which remains in full force and effect. To the extent any portion of this MOU supplements existing relationship between the Parties, such provisions shall remain applicable during the term of this MOU only. The Parties hereby agree that any new customer rates adopted following this MOU will (1) be subject to the full requirements of Proposition 218 (California Constitution Article XIIID and Govt. Code §§ 53750 et seq.); and (2) be calculated utilizing the cumulative adjusted rates of the existing Franchise Agreement, WISE Agreement adjustments including the compensation provided by this MOU, as well as all other relevant and legally required factors. SECTION Ill.TERM The term of this MOU shall commence on July 1, 2026, and shall expire on June 30, 2027, unless terminated earlier in accordance with the terms of this MOU. To the extent this MOU is formally executed after July 1, 2026, the Parties intend and hereby agree that this MOU shall apply retroactively to July 1, 2026 for purposes of invoicing and payment, described herein. The Parties may extend this MOU by mutual written agreement and the approval of the Santa Ana City Council. SECTION IV. ARTICLE 3 PROVISIONS For the term of this MOU, all provisions within Article 3 of the Franchise Agreement shall remain in effect under "status quo" conditions. This includes the Section 3.1 Franchise Fee, maintained at the greater of$8,000,000 or 17.9% of Gross Receipts, for Customers direct-billed by Republic. Furthermore, the City and Republic agree to the continued application of annual CPI adjustments for the NPDES Fee (Section 3.2), Vehicle Impact Fee (Section 3.3), Administrative Fee (Section 3.4) and the Clean Business Initiative Program, (Section 3.7). City Council 2 — 5 7/7/2026 SECTION V. RATE STABILIZATION ENTERPRISE FUND To mitigate the impact of rate increases resulting from ©CWR landfill tonnage costs, the City will establish a Rate Stabilization allocation under the Refuse Enterprise Fund using the existing fund balance. For FY 2026/2027, the City will utilize this allocation offset all residential, multi-family, and commercial small container rate increases associated with the increase in landfill disposal fees. The City confirms that the Refuse Enterprise Fund maintains a sufficient balance to cover these specific costs without impacting existing service levels. City and Republic hereby agree to the following rate stabilization methodologies: A. Residential Curbside Service — Rate Stabilization Reimbursement Calculation Methodology 1. The City will reimburse Republic on a $21.07 per-ton basis on all residential curbside service landfilled tons collected from residential customers within the City of Santa Ana. This curbside service reimbursement rate is calculated based on the difference between the FY 2026/2027 WISE disposal fee of $67.00 and a disposal fee of $45.93 that reflects a 4.95% adjustment of the current disposal fee ($43.76 through June 30, 2026). The 4.95% adjustment of the current disposal fee was calculated using the average of the past 4-years of CPI adjustments published by OC Waste and Recycling. (See Exhibit A, Table 1, attached hereto, for full discussion and calculation of referenced rates.) 2. Franchise fees shall not apply to the residential curbside service rate stabilization reimbursement calculation. 3. Republic will invoice the City monthly on or before the 121h business day of the month following the billing period. 4. The invoice will include the total residential curbside service landfilled tons that were generated by customers within the City of Santa Ana for the month multiplied by $21.07 to calculate the total amount payable by the City to Republic for that billing period. 5. The City will pay Republic within 30 days of receipt of the invoice. 6. The City anticipates the rate stabilization amount for the residential sector for FY 2026/2027 will be approximately$1.6 million based on tonnage projections. The parties agree that this amount is an estimate and the actual landfilled residential tonnage during FY 2026/2027 and the actual rate stabilization reimbursement paid by City Council 12 — 6 7/7/2026 the City to Republic may be less, or more,than this amount. B. Residential, Multi-Family, and Commercial Bin Service — Rate Stabilization Reimbursement Calculation Methodology 1. The City will reimburse Republic for the difference between the fully adjusted WISE disposal component and the disposal component that reflects the disposal fee with a 4.95% increase for the residential, multi-family, and commercial bin service collection revenue.The rate stabilization reimbursement will be calculated by applying the difference between (1)the WISE disposal fee increase percentage plus CPI service adjustments and PPI fuel percentage adjustments as described in Article 6.4.3 of the Franchise Agreement (calculations shown in Formula 1 below); and (2) the application of 4.95% on the current landfill disposal fee (i.e. the 4-year average of CPI adjustments from OCW&R shown in Exhibit A, Table 1) plus CPI service percentage adjustments and PPI fuel percentage adjustment as described in Article 6.4.3 of the Franchise Agreement (calculated as Formula 2 below). The difference between these two percentage values (Formula 3 below)shall be multiplied by gross commercial and multifamily bin rate receipts for the month of the billing period. These 3 calculations are described below. a. Formula 1: Contractual Inflation Adjustment with Full WISE Impact. Calculate the total inflation adjustment for residential, multi-family, and commercial bin service using the finalized CPI adjustments,as prescribed by Article 6.4.3 of the Franchise Agreement. Using the CPI adjustments for the service component (2.84%), the actual adjustment for CCW&R landfill disposal fees (53.11%), and fuel PPI adjustments (10.04%), the weighted increase with full WISE impact is 11.69%. (See Exhibit A,Table 2,for details supporting the calculation of this value.) b. Formula 2: Contractual Inflation Adjustment with Reduced WISE Impact. Calculate the total inflation adjustment for residential, multi-family, and commercial bin service using the finalized CPI adjustments, as prescribed by Article 6.4.3 of the Franchise Agreement. Using the CPI adjustments for the service component (2.84%), the 4-year average CPI adjustments for CCW&R landfill disposal fees (4.95%), and fuel PPI adjustments (10.04%), the weighted increase with the reduced WISE impact is 3.54%. (See Exhibit A, Table 3, for details supporting calculation of this value.) c. Formula 3. Residential, Multi-Family, and Commercial Bin Service Rate Stabilization Coefficient.To calculate the residential, multi-family, and commercial bin service rate stabilization coefficient to be multiplied by the total gross residential, multi-family, and commercial bin service rate receipts per month, the difference between Formula 1 (11.69%) and Formula 2 City Council — 7 7/7/2026 (3.54%) of 8.15% shall be used. 2. The residential, multi-family, and commercial bin service rate stabilization coefficient calculated in Formula 3 will be applied to the gross residential, multi- family, and commercial bin service revenue receipts each month for all residential, multi-family, and commercial bin service lines (i.e. 1-cubic yard container up to 6-cubic yard on scheduled service for refuse, recycling, and organics service). a. The City will fund the residential, multi-family, and commercial bin service rate stabilization reimbursement. Republic shall itemize all franchise fees applicable to the residential, multi-family, and commercial bin service rate stabilization reimbursement and remit 17.9% of the residential, multi-family, and commercial bin service rate stabilization reimbursement amount to the City monthly via the existing franchise fee payment process. Example Calculation (for illustrative purposes only) ■ Gross residential, multi-family, and commercial bin rate receipts for month: $4,000,000.00 • Residential, multi-family, and commercial bin rate stabilization coefficient: 8.15% ■ Total rate stabilization reimbursement paid by City to Republic 0 $4,000,000.00 x 0.0815 = $326,000.00 ■ Calculation of franchise fees for remittance by Republic to City • Franchise fee = 17.9% • Rate stabilization reimbursement paid by City to Republic: $326,000.00 ■ Total rate franchise fee remittance paid by Republic to City 0 $326,000.00 x 0.179 = $58,354.00 3. The City anticipates the rate stabilization amount for the commercial sector for FY 2026/2027 will be approximately $4.5 million based on current service levels. C.Commercial Cart Service - Rate Stabilization Reimbursement Calculation Methodology 1. The City will reimburse Republic for the difference between the fully adjusted WISE disposal component and the disposal component that reflects the disposal fee with a 4.95% increase for the commercial cart collection revenue. The rate stabilization reimbursement will be calculated by applying the difference between (1)the WISE disposal fee increase percentage plus CPI service adjustments and PPI fuel City Council - 8 7/7/2026 percentage adjustments as described in Article 6.4.3 of the Franchise Agreement (calculations shown in Formula 1 below); and (2) the application of 4.95% on the current landfill disposal fee (i.e. the 4-year average of CPI adjustments from OCW&R shown in Table 1 above) plus CPI service percentage adjustments and PPI fuel percentage adjustment as described in Article 6.4.3 of the Franchise Agreement (calculated as Formula 2 below). The difference between these two percentage values (Formula 3 below) shall be multiplied by gross commercial and multifamily cart rate receipts for the month of the billing period. a. Formula 1: Contractual Inflation Adjustment with Full WISE Impact. Calculate the total inflation adjustment for commercial cart services using the finalized CPI adjustments, as prescribed by Article 6.4.3 of the Franchise Agreement. Using the CPI adjustments for the service component (2.84%), the actual adjustment for OCW&R landfill disposal fees (53.11%), and fuel PPI adjustments (10.04%n), the weighted increase with full WISE impact is 14.71%. (See Exhibit A, Table 4, for detail supporting the calculation of this value.) b. Formula 2: Contractual Inflation Adjustment with Reduced WISE Impact. Calculate the total inflation adjustment for commercial cart services using the finalized CPI and PPI adjustments, as prescribed by Article 6.4.3 of the Franchise Agreement. Using the CPI adjustments for the service component (2.84%), the 4-year average CPI adjustments for OCW&R landfill disposal fees (4.95%), and fuel PPI adjustments (10.04%®), the weighted increase with the reduced WISE impact is 3.67%. (See Exhibit A, Table 5, for details supporting calculation of this value.) c. Formula 3.Commercial Cart Service Rate Stabilization Coefficient.To calculate the commercial cart service rate stabilization coefficient to be multiplied by the total gross commercial cart service rate receipts per month, the difference between Formula 1 (14.71%) and Formula 2 (3.67%4) of 11 .04% shall be used. 2. The commercial cart service rate stabilization coefficient calculated in Formula 3 will be applied to the gross commercial cart service revenue receipts each month for all commercial cart service lines (i.e. 35-gallon up to 96-gallon on scheduled service for refuse, recycling, and organics service). 3. The City will fully fund the commercial cart service rate stabilization reimbursement. Republic shall itemize all franchise fees applicable to the commercial cart service rate stabilization reimbursement and remit 17.9% of the commercial cart service rate stabilization reimbursement amount to the City monthly via the existing franchise fee payment process. a. Example calculation (for illustrative purposes only) — Commercial Cart Services: City Council age ° 2 — 9 7/7/2026 ■ Gross commercial cart service rate receipts for month: $1,000,000.00 ■ Commercial cart service rate stabilization coefficient: 11.04% ■ Total rate stabilization reimbursement paid by City to Republic 0 $1,000,000.00 x 0.1104 = $110,400.00 ■ Calculation of franchise fees for remittance by Republic to City • Franchise fee = 17.9% • Rate stabilization reimbursement paid by City to Republic: $110,400.00 • Total rate franchise fee remittance paid by Republic to City 0 $110,400.00 x 0.179 = $19,761.60 SECTION VI. PAYMENT STRUCTURE AND INVOICING For the duration of the 2026/2027 Rate Year (July 1, 2026, through June 30, 2027), the City shall remit the Rate Stabilization Fee to Republic in twelve monthly installments by the 30th of the month following the billing period (i.e. August 30, 2026, for the July 2026 Rate Stabilization Reimbursement invoice). To facilitate these payments, Republic is required to submit a monthly Rate Stabilization Reimbursement Invoice by the 12t' business day of the month following the billing period. A. Invoice Requirements Residential and Commercial invoices submitted to the City shall be substantially in the form of the invoices attached as Exhibit "B". Republic shall calculate the franchise fee amounts that are excluded from the commercial and multi-family rate stabilization amounts payable by the City. B. Payment and Calculation The City shall remit the Rate Stabilization Fee to Republic in twelve monthly installments by the 30th of the month following the billing period (i.e. August 30, 2026, for the July 2026 Rate Stabilization Reimbursement invoice). If the City identifies any miscalculations or calculations that it believes do not conform with the protocols included in this MOO, the City will notify Republic within 5 business days of receipt. Republic shall have 10 business days to address the issues identified by the City and resubmit the invoice to City. SECTION VII. LIMITATIONS OF THE STABILIZATION FUND The use of the Rate Stabilization Fund is governed by specific criteria to ensure fiscal accountability. Primarily, the fund is restricted to addressing the cost difference between the standard CPI rate adjustment for FY 2026/2027 and the increased tonnage fees at the WISE landfill. Eligibility for these rate stabilization reimbursement payments made to City Council 1 — 10 7/7/2026 Republic is strictly limited to residential, commercial, and multi-family accounts. Furthermore, these funds are dedicated exclusively to covering the specified tonnage service costs and may not be reallocated to cover other operational expenses or to offset unrelated fees. SECTION Vlll. RECORDS AND ACCESS For all records relating to the subject matter of this MOU, Republic shall provide City with all necessary access to review, verify or audit the contents thereof as prescribed under the Franchise Agreement. SECTION IX. WAIVER As consideration for the City's implementation of this MOU and payment of rate stabilization reimbursements as outlined therein, Republic waives the right to seek any further rate adjustments under the Franchise Agreement during the term of this MOU. SECTION X. TERMINATION City reserves the right to terminate this MOU upon thirty (30) days written notice upon the showing of a material and adverse or change in circumstances, including but not limited to: reduction or elimination of required funding, changes in applicable laws or regulations governing the subject matter of this MOU. In the event of termination under this Section, Republic shall be entitled to full payment for all covered services rendered up to the effective date of termination. SECTION A. LIABILITY, INDEMNIFICATION, & INSURANCE A. Incorporation of Existing Provisions. The Parties mutually acknowledge and agree that this MOU does not alter, diminish, waive, or otherwise modify Republic's obligations regarding liability, defense, indemnification, and insurance as set forth in the Franchise Agreement, specifically including but not limited to Article 9. All such provisions remain in full force and effect. B.Application to this MOU All operations conducted, actions taken, and funds received by the Parties in connection with this MOU shall be deemed to fall within the scope of the Franchise Agreement for the purposes of liability, indemnity, and insurance. C. No Assumption of Liability by Agency The City's sole obligation under this MOU is the payment of the Rate Stabilization Reimbursement funds as expressly detailed above. City assumes no operational, financial, or legal liability for Republic's general business operations, workforce management, or the other operations as discussed in this MOU. City's participation in this MOU shall not be construed as an assumption of risk, a partnership, or a joint City Council 12 — 11 7/7/2026 venture, nor does it relieve Republic of its independent obligations to manage its operational risks and liabilities. D. Maintenance of Insurance Coverage Republic represents and warrants that all insurance policies and coverages required by the Franchise Agreement are currently active, in full force and effect, and shall remain in compliance with the Franchise Agreement throughout the term of this MOU. Republic shall ensure that City remains properly endorsed as an additional insured on all applicable policies for the duration of this MOU. Any lapse in required insurance coverage shall constitute an immediate material breach of both the Existing Agreement and this MOU, entitling City to immediately withhold any pending or future payments. SECTION XII. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this MOU 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 P.O. Box 1988 Santa Ana, California 92702 To Republic: Republic Waste Services of Southern California, LLC Attn: General Manager 1800 S Grand Ave. Santa Ana, CA 92705 City Council 12 — 12 7/7/2026 Email. A®eitch@republicservices.com 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. SECTION 7[I11. 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 MOU, 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. b. This MOU has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this MOU 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 MOU. {Signature Page Follows} Page City Council — 13 7/7/2026 IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the date noted above. ATTEST: CITY OF SANTA ANA JENNIFER L. HALL ALVARO NUNEZ City Clerk City Manager APPROVED AS TO FORM: REPUBLIC WASTE SERVICES OF SOUTHERN SONIA R. CARVALHO CALIFORNIA, LLC: City Attorney C Kyle Nellesen Anthony D Assistant City Attorney General an er RECOMMENDED FOR APPROVAL: 4 L� Rodolfo Rocac(jilp 29 9096 14-14-In Pn Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency City Council aae 1 of III — 14 7/7/2026 EXHIBIT A Table 1:4-year Average OCW&R Disposal Fee Increases Percent Fiscal Year Disposal Fee at OCW&R Increase 2022/23 $38.34 6.20% 2023/24 $41.31 7.75% 2024/2S $42.65 3.24% 2025/26 $43.76 2.60% Four-year Average 4.95% Calculation of Disposal Fee with 4-year Average Inflation Adjustment: Current Disposal Fee at OC Landfills(effective through 6/30/2026): $43.76 Landfill Disposal Fee Ado ustedby 4.95%:$43.76 x 1.0495 =$45.93 Table 2: Contractual Calculation of Inflation Adjustment with Full WISE. Impact- Residential, Multi-Family, and Commercial Bin Service Step One: Calculate Percentage Change in Indices A 6 C Adjustment Percent Change in Row Factor Index Old Index Value New Index Value Index((Column B/Column A)-1) 1 Service (1) 318.983 328.036 2.8406 2 Fuel (2) 255.608 281.282 10.04% 3 ❑isposal (3) $43.76 $67.00 53.11% Step Two: Determine Weighted Increase D E F Adjustment Cost Component Weighted as a%of Percent Change in Index Total Weighted Row Factor Index Component Total(4) (from Column Cl Change(Column D x Column E) 4 Service (1) 78.25% 2.84% 2.22% 5 Fuel (2) 4.83% 10.04% 0.48% 6 Disposal (3) 16.92% 1 53.11% 8.99% 7 Total 100.00% 11.69% 9 Total Adjustment with Additional Adjustment 11•6g% City Council 12 — 15 7/7/2026 Table 3: Contractual Calculation of Inflation Adjustment with Reduced WISE Impact- Residential, Multi-Family, and Commercial Bin Service Step One: Calculate Percentage Change in Indices A B C Percent Change in Row Adjustment Index Old Index Value New Index Value Index((Column Factor B/Column A)-1) 1 Service (1) 318.983 328.036 2.84% 2 Fuel (2) 1 255.608 281.282 1 10.04% 3 Disposal (3) 1 $ 43.76 $ 45.93 4.95'l0 Step Two: Determine Weighted Increase D E F Adjustment Cost Component Weighted as a%of Percent Change in Index Total Weighted Row Factor Index Component Total(4) (from Column CI Change(Column D x Column E) 4 Service (1) 78.25% 2.84% 2.22% 5 Fuel (2) 4.83% 10.04% 1 0.48% 6 Disposal (3) 16.92% 4.95% 0.84% 7 Total 100.00% 3.54% 9 Total Adjustment with Additional Adjustment 3.54% City Council 12 — 16 7/7/2026 Table 4: Contractual Calculation of Inflation Adjustment with Full WISE Impact- Commercial Cart Service Step One: Calculate Percentage Change in Indices A B c Percent Change Row Adjustment Factor Index Old Index Value New Index Value in Index((Column B/Column A)-1) 1 Service (1) 319.983 328.036 2.84% 2 Fuel (2) 255.609 281.282 10.04% 3 isposal (3) $43.7 $67-00 53.11% Step Two: Determine Weighted Increase D E F Cost Component Weighted as a% Percent Change in Index Total Weighted Row Adjustment Factor Index of Component Total(4) (from Column C) Change(Column D x Column E) 4 Service (1) 72.25% 2.84% 2.05% 5 Fuel (2) 4.84% 10.04% 0.49% 6 Disposal (3) 22.91% 53.11%a 12.17% 7 Total 100.01 14.71% 9 Total Adjustment with Additional Adjustment 14.71% City Council 12 — 17 7/7/2026 Table 5: Contractual Calculation of Inflation Adjustment with Reduced WISE Impact- Commercial Cart Service Step One: Calculate Percentage Change in Indices A B C Adjustment Percent Change in Row Factor Index Old Index Value New index Value Index((Column B/Column A)-1) 1 Service (1) 318.983 328.036 2.84%® 2 Fuel 1 (2) 255.608 281.282 10.04% 3 Disposal (3) $43.76 $45.93 4.95% Step Two: Determine Weighted Increase D E F Adjustment Cost Component Weighted as a% Percent Change in Index Total weighted Row Factor Index of Component Total(4) (from Column C) Change(Column D x Column E) 4 Service (1) 72.25% 1 2.84% 2.05% 5 Fuel (2) 4.84% 10.04% 0.49% 6 Disposal (3) 22.91% 4.95% 1.13% 7 Total 100.0% 3.67% 9 Total Adjustment with Additional Adjustment 3.67% City Council 12 — 18 7/7/2026 EXHIBIT "B" (Sample Invoice) City Council 12 — 19 7/7/2026 REPUBLIC SERVICES CITY OF SANTAANA RATE STABILl.ATION REIMBURSEF'ENT INVOICE RepublicSeMces INVOICE PERIOD 1800 S.Grand Ave. Aprit-2026 Santa Ana.CA 92705 Line.ltern A 'Line Item Description I InvoiceCharges fro mCommercialCartSenricekcounts $ 413,335.25 2 Rate StabIlizationReimbursementAmounI for Cammerclal Cart service Accounts(11.44%ofbne1) $ 45.632.21 3 Invoice Charges from Residential,Multi-Family and Cc m mercial Bin Service Accou nts $ 3,S41,491.49 4RateStablizalIonBeimbursemen%Amount for Res Identiat,Mutti-Family andCommercial8inServlceAccounts(8,15%of Line3) $ 321,231,56 5 Total La ndt i Red Tonnage fro m Res i d e nl ial Ac counts 6.438.67 6 Rate StabillzationRe1rnbursement Amount torResidentiatAecounts($21.o7honmlti ply byI!ne5) $ 135,687.76 7 Total Rate Stabilization Reimbursement Due to Republic Services,Inc. $ 502,551.53 (line 2..line 4 t line 6) 8 Gross receipts fro mCornmerciat Rate StabalizationReImbursement S 366.663.77 9 Franchi5e Fee AmounttorCommerc[al Rate Stababza[ion Reimburserrlenti17.9%ofiine81 S 65,668.61 10 Total Franchise Fees for Rate Stabilization Reimbursement Due to the City of Santa Ana 5 65,668.61 I declare,under penaltyof perjury,that the foregoingis true and correct to the best of my knowledge and belief. City Council 12 — 20 7/7/2026 CITY OF SANTA ANA SUMMARY REPORT By Line of Business DescripWn JAN FEB MAR APR MAY JUN JUL AUG SFP OCT Tons Hauled Residential Single Family 9.981.83 8,446,79 9,909.50 9.517.85 ❑.00 0.00 0.00 0.00 0.00 0. Commercial&Multi-Farnity 11,000A7 10,063.74 10,573.17 10,375.33 0.00 0.00 0,00 0.00 0.00 0. -Rolloff I industrial 2,591.07 2.416.95 2.781.11 2,747.67 0.00 0.00 0.00 0,00 0.00 0. -Deroli11en 298.68 354.96 502.44 356.781 0.00 0.00 0.001 0.00 0,00 0. -Total tons Hauled- 23,872.051 21.282.44 23,866-221 22,997,631 0.001 0.00 0.001 0.001 0.001 0. Tons Diverted Residential Single Family 3,169.00 2,671.72 3,371.99 3.079,19 0100 0.00 0.00 0.00 0.00 0. Commercial&Mkilli-Famity 514.97 576.35 541,53 636.02 0.00 0.00 0.00 0.00 0.00 0. Rol loff I Ind ustrial 66.57 7525 68.73 110,11 0.00 0.00 0,00 0.00 0.00 0. Demolilion 194.14 230,72 326.59 231.91 0,00 000_ 0.00 0.00 0,00 0. -Total Diversion- 3.644.69 3.554.05 4,308.83 4,057.22 0.00 0.00 0.00 0.00 0.00 0, Tons Landfllled: Residential Single Family 6,812.63 5.775,07 6,537.52 6,438,67 0.00 0.00 0,00 0.00 0.00 0. Commercial&Mutt.-Family10.485.50 9.487.39 10.131.64 9,73921 0100 0.00 0.00 0.00 0.00 0. Rollaff f Industrial 2,524.50 2,341,70 2.712.38 2.637,55 0.00 0.00 0,00 0.00 0,00 0. Demolition 104.54 124.24 175.85 124.87 0:00 0.00 0.00 0.00 0.00 0. •Total Tons landfilled- 19,927.37 17,728.39 19.557.39 18.940.41 0.00 0.00 0.00 0.00 0.00 0. Statistics Diversion-Res.S.F. 31.7% 31.6% 34,0% 32.4% 0.0% 0.0% 0.0% 0.01/. 0.0% 0.( %L)iverSion-CommJMultr-Fam. 4.7% 5,7% 5.1% 6.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0 %Diversion-Rolloff!Industrial 2.6% 3.1% 2.5% 4.0% 0.0% 0.0% 0.0% 0.0% 0.0% OX •Diversion-Demolition 65,0% 65.0% 65.0% 65.0% 0.0% 0.0% 0.0% OA% 0.0% 0-{ Total%Diversion 16.5%1 16.7%1 18.1%1 17.6%1 0.0% 0.0°!0 0,0-/.F 5.0%1 0.0% 0.[ Prepared by Republic Services 1 of 17 City Council 12 - 21 7/7/2026 Revenue Dkl Code Thrurlptlen Charge Cade 0esulPUsn euhladner she Total Charges 2026 Customer PI% Chuges wla the 2026 PI% 2025 City WISE PI% 0"invNce SmaLL CortMrser Trash ORGANIC WAST E PROC ESSING 0.17 S 3,67% S - 11-044 S Small Container Trash R€CYCUNGSERVICE 0.17 5 - _ 3.67% S 11,04% S SmaIICOntamer Trash PICKUP SERVICE 0.17 $ 3,67% S 11.04% $ Smut Ca mer Trash VAROWASTE SERVICE 0.17 $ 3.67% S 11.04% S "LLCOntalller Recycle ORGANIC WASTE PROCESSING 0.27 S - 3.67% $ 11.04% S SmallContaeler Recycle RECYCUNGSERViCE 0.17 $ 8.233.59 3.67%1 S 7,94211 _ 11-O4% S 676.81 Smal[Cantauier Recycle PICKUP SE RVICE 0.17 $ - 3.67% $ 1F.O4% S SMLICantalrer Recycle YARDWASTESERVICE 0,17 S 3.67% $ 11.044 S Small Conumer Organic ORGANIC WASTE PROCESSING CA7 $ 3,87% $ 11.44% S Small Contame r Organs RECYCLINGSERVICE 0.17 $ 1.902-01 3.67% S 1.835-45 11.04% S 202,63 Sma;i Container OrganrC PICKUPSERVICE 0.17 $ 21,556.12 3.67% S 20.793.02 11.04% $ 2.295.55 Smau Container Organic YAROWASTE SE RVICE 0.17 $ 3.67% S 11.04% $ SmaLICargai rTrash ORGANIC WAST E PROCESSING 0.72 S 3,67% S 11.04% $ Small Container Trash RECYCLINOSERVICE 0.32 $ 3.07% $ 11.04% S Small0-14191Trash PICKUP SERVICE 0-32 $ 1,147,76 3.67% $ 1,107,13 11.04% S 122.23 Small Contame r Trash YAROWASTE SE RVIC E 032 S 3.67% S 11.04% S SmaLL Canlalner Recycle ORGANIC WASTE PROCESSING 0-32 $ - 3.67% $ 11.04% S Small Contame'Recycle RECYCLING S€RVtCE 0-32 $ 9.723.69 3-67% $ 9.379.46 11.04% $ 1,035.49 5maR Conumer Recycle PICKUPSERVICE 0.32 $ 3,67% $ 11.04% $ Sma4 Conuine r R.cycle YARDWASTE SERVICE 0.32 S 3.07% S 12.04% $ Small Container Organic ORGANIC WASTE PROCESSING 0.32 5 3,176.44 3.67% S 3.063.99 11,04% S 338.26 Small Ceauaner Organic RECYCLINGSERVICE 0.32 S 1,590.21 3.67%1$ 1,541.63 11,04% S 170.20 Small Cortainer Orgrnle PICKUP SERVICE 0,32 S 40,077.52 3.67%1 S 46.375.54 11-04% S 5,119,86 SMLI CGntamer 0rgarlIC YAROWASTE S€RVIC E 0.32 S 180,96 3.67% S 174,55 11,04% 3 19.27 Small Contame r Trash ORGANIC WASTE PROC ESSING 0-49 $ - 3.67% S I1,04% S SmaOConta+her Trash RECYC LING SE RVIC E 0.48 $ 90.61 3.67% 3 87.40 11.011% S 9.65 SmaLLCaniawer Trash PICKVPSERWCE 0.48 $ 43.897.51 3-67% S 42,343.50 11,04% $ 4,674.72 Small Container Trash YARDWASTE SERVICE 11.48 S 367% S - 11-04% S - SmaLlContair�rRacyt4 ORGANIC WASTE PROCESSING 0.48 S 3.67% S 11-04% $ Small Container Recyc It RECYCONrGSERVICE 0.40 $ 132.014,30 3.67% $ 12B.112.65 11,044 $ 14.143.64 Small Container Recyc It PICKUP SE RVIC E 0.48 $ 3.67% $ 11.04% S Small Canaalner Recycle YARDWASTE SERVGE 0.46 $ 3.67% S - 11.04% $ Small C"Tiinerprgah C ORGANIC WASTE PROCESSING 0.48 S 282,22 3,67% S 174,80 11.04% $ 19,30 SmaLLConwworganic RECYCUNGSE.RVICE 0.48 $ 1.830.32 3,67%. 5 1,765.53 11.04% S 194.91 Small Container Organle PICKUP SERVICE 0.48 $ 153,099.28 3,67% S 147,679.44 21.04% S 16,30311 Small Cantalncr Organic YARDWASTE SERVICE 0.48 $ 994.23 3.67% $ 959.03 11-04% S 105.88 Small Contame r Trash ORCAMC WASTE PROCESSING 1 $ 102-92 3,54% $ 99.40 8.15% $ 8.10 Small Convene r Trash RECYCLING SERVICE 1 $ 411,72 3,64% 5 397.64 1 6.15% $ 32.41 Small Container Trash PICKUPSERVICE 1 $ 42.743-30 3.544b S 41,281.92 8,1554 $ 3,364.48 SmallContainer Prase YAROWASTE SERVICE 1 $ 3,54% S 8,1545 $ Small ConTaw r Recycle O RGANIC WASTE PROCESSING I S 3,54% S 8.15% $ Small Container Recycle RECYGUNGS€RVICE 1. S 42,093.23 3.54% S 40,654.08 8.15% S 3.313-31 Small Container Aaeyc it PICKUPSERVICE 1 $ 240.E-0 3.54% S 232.41. B.15% $ ISA4 Small Cantalner Re 4 YARDWASTE SERVICE 1 S 3.54% $ 8.15% $ Small COntawr Or IC ORGANIC WASTE PROCESSING 1 5 3.54% S 0.15% S "Ilcontamer0rc nic RECYCLING S€RNCE 1 $ 205.84 3654% S 198.90 8,15% $ 16.29 Smau Contame'Orgran¢ PICKUP SERVICE i S 9,652,53 3.54%, S 9,322.51 8.155% 3 759475 Small Container Organ is YAROWASIE SERVICE 1 S 3.54% S 8.15% S SmallCanlairierTrash ORGANIC WASTE PROCESSING 1.5 $ 154% $ _ 8.15% f Small Container Trash RECYCUNGSERVICE 1.5 $ 330`48 3.54% $ 319.18 8.15% S 26-01 Smarr Contawr Trash MCKUPSERVICE 1.5 $ 22,265,99 3.54% $ 21,SO4.72 - 8.25% $ 1.752-63 Small Container Trash YAROWASI E SERVRC€ 15 S 3.54% $ 0.15% $ Sma:I Contame r Re cycle ORGANIC WASTE PROCESSING E.S $ 3.54% S 8.15% $ Small Contame r Re cyc;e RECVCLINGSERVICE 1-5 $ 16.615,49 3.54% S 16.047.41 8.15% $ 1,307.86 Small Container Recycle PICKUP SERVICE 1.5 S 3,54% $ SAS% $ - SmallCentairierRecytle YARDWASTE SERVICE 1.5 $ 3.54% $ 0,15% S Small Container Orgardc ORGANIC WASTE PROCESSING 115 $ 3.54% S 0.15% S -Small Contame r Crganlc R ECYC LING SE KVIC E 1.5 $ 110.16 3,54% S 106,39 8.15% $ 8.67 Sma0C4ntuw 0rganc MCK.UPSEWVICE 1-5 $ 3.54% S 8,15% 5 SmaLLCwarner Organs YARDWASTE SERVICE 1.5 S 3.54% $ 9.15% 5 SmaUConramertrash ORGANIC WASTE PROCESSING 2 $ 3.54% $ 8.15% S - SmallCxmtamerTrash RECYCLING SERVICE 7 $ 444.33 3.54% S 429-14 0.15% $ 34.97 Small Contame r Trash MCKUPSERVICE 2 $ 304.527.97 3.54% S 294,116,25 0.15% S 23.970,47 Small Container Trash YAROWASIE SERVICE 2 $ - 3,54% S 8.154 S Small Contame r ReCyele O RGANIC WASTE PROCESSING 2 S - 3.5444 S 9.15% S Small Container Recycle RECYCLINGSERVICE _ 2 S 621196.16 3.54% $ 60,D69.69 9.15% $ 4,895.64 SmaLLCOntairKr Recycle PICKUPSERVICE 2 S 3,544 $ 8.15% $ Sm UConlamer Recycle YARDWASTESERVICE 2 $ _ • 3.84% S - 8.15% S Small Contamar 01Ma c ORGANIC WASTE PR0C€SSING 2 S 1.428.97 3,54% S 1,380.11 8.15% S 112-48 Small Contawr Organic RECYCLING SERVICE 2 $ 720-92 3-54% $ 696.18 8.15% $ 56.74 SmaLLConuiner Organic PICKUP SERVICE 2 $ 53,395-90 3.54% S 51.570.39 8-15% $ 4,202.99 SMUConcawOrganic YARDWASTE SERVICE 2 S 3.54% 3 8.15% S Snsa;l Container Trash ORGANIC WASTE PROCESSING 3 S 3.54% S - 0,15% $ Small CCntamer Trash RECYCLING SERVICE 3 $ 3.54% S 8.15% S Small Contavrer Trash PICK UP SE RVICE 3 $ 1,545,65I.92 3,54% $ 1,492.806S7 8.15r<: $ 121.663.74 5ma0Contamer Trash YARDWASTE SERVICE 3,54% S 8,15% S Small Contawr RetyCle ORGANICWASTE PROCESSING 3 S - 3,54% S - 1 6-15% $ - SmaLLCOnuinerpecyCle RECYCLINGSTFMCE 1 3 13 341,911.53 3.54% S 330,221.68 0-15% $ 26,913,07 Small Container Recyc le PICKUP SERVICE 3 $ 169.80 3.54% S 10-SS 0,15% $ 13.37 Small Container Recycle YAADWAST€SERVIC€ 3 $ 3.54% 5 0.15% S City Council 12 - 22 7/7/2026 Sm LICantainar0rganlc ORGANIC WASTE PROCESSAW. , 3 $ 3.54% $ 8.15'ti S Smalt Conalear Organic RECYCLI NG SERVICE. 3 _ $ - 3.54% $ Sma:l Conamer clsganic PICKUPSERVICE 3 $ - 3.54% S 0.15% S Srna,l Cwamer Organic YAROWAST E SE RVIC E 3 $ 3.54% S 0.15% S Small Container Trash ORGANIC WASTE PROC E55E1415 4 $ 3.54% $ - 8.15% S "Licannrnerirash REC yC LING SE RVIC E 4 S 8.052.82 3.54% S 7,777-50 9.15% S 633.87 Sm LIContalner Trash PICKUPS€RVICE 4 S 1.456.519.15 3.54% $ 1.406.721.22 8,15% $ 114,647.78 Sm L[Contwner Trash YAROWA5TESfRVICE a $ 3.54% S 8.15% $ Smse ConamerRecycie ORGANIC WASTE PROCESSING 4 S - 3-54% S 8.15% S - Sma,lContamerRecycle RECYCLING SERVICE 4 % 148,052.47 3.544 $ 142,'a%.60 8,15% S 11.653.73 "IIContamer ReCYCI4 PIMPSERVICE a S 3.54% $ - 8.15% S "LL Can tam,Recyc It YARDWASTE SE RVEC F 4 $ - 3.54% $ - 8,15% S SmaA Caname r O*ganl C ORGANIC WASTE PROCESSING 4 S 3,54% S 9.15% $ Sma;I Contame r Organic flECYCLINGSERVICE 4 $ - 3.54% S _ 8.15% $ 5ma11Com mtrgrgamc PICKUPSFRVICE 4 $ 3,54%1 $ 8,15% $ - SmallConamer0raan,c YAROWASTF SERVICE A S 3.54% $ 9.15% $ Small Canamer TraSh ORGANIC WASTE PROCESSING 5 3 3.54% S B.15% $ Sm. UCanalne,Trasm RFCYCLINGSERVICE 5 S 3.54% S B.1S% S - Sma11ConamerTrasn PICKUP SE!VICE 5 S 3.64% S 8.15% S Small COntamer Trash YAROWASIESERVICE 5 $ 3.54% S 8.15% S Srr,al Canamer Re c yc-e OR WASTE PROC ESSING 5 $ 3.54% S 8.15% $ 5-1 Conamer At cye.e RECYCLING SEAME 5 5 3.54% S 8,15% $ SmaA Contame r Rc cyece PICKUPSERVICE 5 $ - 3.54% S _ 915% $ Srnsp Container Recyc4 YARDWAST€SERVICE 5 S 3.54% S 8-15% $ SnaLLCorta4ner Organic ORGANICWASIE PROCESS14G 5 S 3.54% S _ 8,15% S - SmallCantalnerOrganic RECYCLMSERVICE 5 S 3.54% $ 8.15% S - SmallConamerOrwic PICKUP SERVICE 5 $ - 3.54% $ - 8,15% $ Small Canainm Or.ganlc VAROWA.STE S€RVICE 5 S 3,54% S 0.15% S Small Conatne r Trash ORGANIC WASTE PROCESSING 6 $ 3.54% $ 8.15% $ - SmaRContarnerTrash R.€CYCLING SERVICE 6 $ H4% S 8.15% $ ma SllConlm,mrTrash PICKUPSERVICE 6 S 27.221.93 3-54% S 21.452.17 8.15% $ 1,749.17 "LLContalmrTrash YAROWASTESERVICE 6 $ 3,54% S 8,15% S Small Contsmer RricAl. NIC WASTE PROCESSING 6 S 3.54% $ 6.15% S SmaRContamrRRECYCLINGSERVICE 6 $ 954.14 3.54% $ 92142 B.15% S 75.10 SmaLLCantamer RPICKUP SE RVICE 6 S 3,54% S 8.15% S SmallCortwftrR. ARWWASSTESFRVICE 6 S 3,54% S 0.15% S Small Canainv ONIC WASTE PROC ESSING 6 S 3.54% S 8.15% S Small CanaKxrgRECYCLING SERVICE 6 3 3.54% S 8.15% S Sm 11 CWtfftt OPICKUPSf FrdICE 6 S 3.54% S 8.15% $ Small Contaner OAROWASTESERVICF 6 S 3,54% S _8.1555 S Total $ 4,509,52434 S 4.354,826.74 S 366,863.77 City Council 12 - 23 7/7/2026 Public Works Agency www.santa-ana.org/pw Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Lease Agreement with LAZ Parking California, LLC for Office Space at the Santa Ana Regional Transportation Center AGENDA TITLE Lease Agreement with LAZ Parking California, LLC for Office Space at the Santa Ana Regional Transportation Center (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a lease agreement with LAZ Parking California LLC, to compensate the City $1,151 per month, for the lease of 190 square feet of office space located at the Santa Ana Regional Transportation Center for a term beginning July 7, 2026 and expiring June 30, 2027, with provisions for up to four, one-year extensions, for a total lease agreement amount of$68,862 (Agreement No. A-2026- XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION On June 2, 2026, the City Council approved an agreement with LAZ Parking California LLC for parking enforcement services. LAZ Parking California LLC has been providing services to the City of Santa Ana for eight years and has requested to lease Suite 108, consisting of approximately 190 square feet of non-retail office space located on the first floor of the Santa Ana Regional Transportation Center (SARTC) from July 7, 2026 through June 30, 2027. The proposed lease rate is $6.06 per square foot, resulting in a total monthly rent of$1,151 for the initial twelve-month term. The lease also includes up to four optional one-year extensions, with the monthly rate subject to Consumer Price Index (CPI) increase (Exhibit 1). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT City Council 13 — 1 7/7/2026 Lease Agreement with LAZ Parking California, LLC for Office Space at the Santa Ana Regional Transportation Center July 7, 2026 Page 2 Approval of the lease agreement will provide compensation to the City of up to $68,862 over the term of the lease agreement, assuming all renewal options are exercised, for the lease of interior offices ace at the SARTC. Accounting Accounting Unit, Fiscal Unit-Account Fund Account Amount Year No. Description Description (Project No.) Appropriation Adjustment, Initial Term FY 2026-27 Regional PWA-SARTC 2026-27 06717002- Transportation Operations, $13,594 53837 Center Rental-LAZ Parking California Optional Four, One-Year Extensions Regional PWA-SARTC 2027-28 06717002- Transportation Operations, $13,817 53837 Center Rental-LAZ Parking Regional PWA-SARTC 2028-29 06717002- Transportation Operations, $13,817 53837 Center Rental-LAZ Parking Regional PWA-SARTC 2029-30 06717002- Transportation Operations, $13,817 53837 Center Rental-LAZ Parking Regional PWA-SARTC 2030-31 06717002- Transportation Operations, $13,817 53837 Center Rental-LAZ Parking TOTAL: $68,862 EXHIBIT(S) 1. Lease Agreement with LAZ Parking California LLC Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 13 — 2 7/7/2026 Exhibit 1 LEASE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND LAZ PARKING CALIFORNIA LLC FOR USE OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER FACILITIES THIS LEASE (the "Lease") is made as of July 7, 2026, by and between 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" or "Landlord"), and LAZ Parking California, LLC ("Tenant"). 1. EXHIBITS: The following exhibits are attached hereto and incorporated herein by reference: Exhibit"A" The Premises Exhibit`B"Additional Lease Conditions 2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord,upon the terms, covenants and subject to the conditions set forth herein, a portion of the property located at 1000 East Santa Ana Boulevard in the City of Santa Ana, commonly known as the Santa Ana Regional Transportation Center(SARTC). Specifically, Tenant will be leasing the portion identified and described in Exhibit A, consisting of approximately 190 square feet of interior office space (hereinafter referred to as the "PREMISES"). Tenant shall be solely responsible at its own expense for all improvements made to the Premises and obtain all necessary permits. The Landlord reserves the right to reconfigure the lease space or relocate the Tenant within SARTC by providing Tenant with a 30-day notice of such reconfiguration or relocation. 3. COMMENCEMENT OF TERM: The term of this Lease (the "Term") shall commence on July 7, 2026 (the "Commencement Date"), and expire on June 30, 2027, unless sooner terminated, as provided herein. 4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject to compliance with the additional lease conditions attached hereto as Exhibit B. These additional lease conditions are a material part of this lease agreement and any default of these conditions will be deemed a major breach and will subject this lease to termination per the terms identified herein. 5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to provide Tenant the option to extend the Term for up to four (4) additional one (1) year terins, or any part thereof, on the same terms and conditions as set forth in this Lease. Such extension shall be agreed to in writing by the Landlord and Tenant prior to the expiration of the Term or any extension period then in effect. If Tenant does not exercise its option to extend as provided herein, Tenant will be deemed a holdover Tenant and subject to paragraph 7 of this Lease. The Lease is subject to a Consumer Price Index (CPI) increase for any extension period. 6. RENT: Upon the Commencement Date, Tenant shall pay to Landlord, as rent ("Rent") the monthly sum of One Thousand, One Hundred and Fifty-One Dollars and 00/100 Page 1 of 11 City Council 13 — 3 7/7/2026 ($1,151.00) in advance, on the 1 st day of each calendar month and continuing through the life of the Term. Any partial month shall be prorated at $38 per day. All payments of Rent and other sums due to Landlord hereunder shall be made payable to "The City of Santa Ana" and remitted to: City of Santa Ana M-13, 20 Civic Center Plaza,PO Box 1988, Santa Ana, CA 92702. A LATE CHARGE OF TEN PERCENT (10%) SHALL BE APPLIED TO ANY PAYMENT HEREUNDER DUE BUT UNPAID AFTER THE 1 OTH of the month. 7. HOLDOVER: Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. In the event that Tenant holds over, then the Rent shall be increased to 150% of the Rent applicable immediately preceding the expiration or termination. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant. Any holding over by Tenant of the Premises after the expiration or termination of this Lease shall operate and be construed as a tenancy from month to month subject to the terms of this Lease, terminable by either party upon thirty (30) days prior written notice to the other. 8. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants to Tenant that Landlord has fee simple title to the Premises and has the full right and lawful authority to make this Lease. Notwithstanding anything contained herein to the contrary, if there are any liens, security interests, restrictions, leases, encumbrances, encroachments, laws, ordinances, governmental rules or regulations, title restrictions, zoning, endangered species or any other matters which in fact interfere with Tenant's use of the Premises, then Tenant may terminate this Lease without owing any liability to Landlord. Landlord covenants that so long as Tenant is not in monetary default as defined hereunder, Tenant shall have quiet and peaceful possession and enjoyment of the Premises, all improvements located thereon and of all easements, rights and appurtenances thereunto belonging. 9. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF TERM: Tenant agrees to deliver to Landlord physical possession of the Premises upon the termination or expiration of this Lease in good condition except, however, ordinary wear and tear, damage by fire or any other casualty, or damage from any other cause unless such other cause is solely attributable to the negligence of Tenant. 10. ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the Premises or any part thereof without the prior written consent of Landlord. 11. TENANT'S REPAIRS, ALTERATIONS AND FIXTURES: Except for reasonable wear and tear, Landlord agrees at Landlord's expense to(1)provide general building maintenance, and (2) maintain in good repair the foundation, retaining walls and structural soundness of the Premises. Landlord agrees to keep the Premises in good repair, including the plumbing, electrical wiring, air-conditioning and heating equipment. Subject to Landlord approval, Tenant may make and pay for any renovations, alterations and improvements to the Premises as Tenant deems desirable and Tenant agrees that all such alterations and improvements shall be made in a good Page 2 of 11 City Council 13 — 4 7/7/2026 and workmanlike manner and in such fashion as not to diminish the value of the building, and that no such alterations shall compromise the structural integrity of the Premises. All improvements, additions, alterations, and repairs shall be in accordance with applicable laws and at Tenant's own expense. Tenant shall indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and major repairs made by Tenant. It shall be Tenant's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises at the request of Tenant. On surrendering possession of the Premises to Landlord at the expiration or sooner termination of this Lease, Tenant shall be required to return the premises in the same condition upon commencement of lease except for normal wear and tear. Tenant may paint the interior of the Premises and may also paint, erect, or authorize the installation of"temporary signs"in accordance with a signage plan that is pre-approved by the Landlord. Landlord shall not install or maintain, or permit anyone other than Tenant to install or maintain, any signs on any part of the Premises or within the air space above the Premises during the Term of this Lease. 12. MAINTENANCE: Landlord shall provide at its own cost and expense janitorial services for the Premises. Janitorial supplies and services shall be provided on a five-day-per-week basis. 13. COMPLIANCE WITH LAWS: Tenant shall make and pay for nonstructural improvements and alterations to comply with all applicable laws,rules,regulations,and ordinances of any and all applicable governmental entities (the "Governmental Laws") applying to the physical condition of the Premises and the building located thereon and arising solely from Tenant's conduct of business. TENANT ACKNOWLEDGES THAT THE PREMISES HAS NOT UNDERGONE AN INSPECTION BY A CERTIFIED ACCESS SPECIALIST (CASP). 14. UTILITIES: Landlord agrees to pay for all utilities furnished to the Premises and which are consumed by Tenant, during the Term, including charges or assessments for water, sewer, gas,heat, electricity, garbage disposal and trash disposal. 15. ESTOPPEL CERTIFICATES: Landlord and Tenant shall, from time to time upon thirty (30) days' request by the other (but not to exceed more than three (3) times in any given calendar year), execute, acknowledge and deliver a statement, dated currently, certifying that this Lease is unmodified and in full, force and effect (or, if there have been modifications, that this Lease is in full effect as modified, and identifying such modifications) and the dates to which the Rent have been paid, and that no default exists in the observance of this Lease and no event of default has occurred and is continuing, or specifying each such default or event of default of which Landlord or Tenant may have knowledge, it being intended that any such statement may be relied upon by Landlord's or Tenant's Mortgagees, any prospective purchaser of the interest of Landlord or Tenant in their respective premises described herein. Page 3 of 11 City Council 13 — 5 7/7/2026 16. INDEMNITY: Tenant shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands,judgments, losses, expenses, or liabilities, injuries and damages to persons and property,including death, arising out of or related to Tenant's use of the Premises,the entry by Tenant or entity invited by Tenant on the Premises or surrounding property, or Tenant's breach or default in the performance of any of tis obligations under this Agreement;provided,however, that Tenant will not be obligated to indemnify the Covered Parties from any claims arising solely from the negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim,Tenant, upon receipt of written notice from Covered Party, shall defend the same at Tenant's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section 15 shall survive the termination or expiration of this Agreement. 17. INSURANCE: Tenant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Tenant's operation and use of the leased premises. The cost of such insurance shall be borne by Tenant. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 coverage CGL on an "occurrence" basis, including products and completed operations, property damage,bodily injury and personal&advertising injury with limits no less than$2,000,000 per occurrence, and $4,000,000 in the aggregate. • Worker's Compensation (WC): Insurance as required by the State of California, with statutory limits and Employer's Liability insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. (This applies to Tenants with one or more employees.) • Property Insurance coverage shall be on a broad form basis against all perils for damage to and loss of property, and tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If the Tenant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract. Other Insurance Provisions: Page 4 of 11 City Council 13 — 6 7/7/2026 The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City of Santa Ana,its City Council,its officers,officials,employees, agents, and volunteers are to be covered as additional insureds, under Tenant's CGL policy, with respect to liability arising out of work or operations performed by or on behalf of the Tenant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Tenant's Insurance companies agrees to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of the Tenant's CGL and WC policies which arise from work performed by Tenant under this Agreement. 3. For any claims related to this contract, Tenant's insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Tenant'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. Insurance policies 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: Public Works Agency, 20 Civic Center Plaza, M-21, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. The current A.M. Best rating for each insurer shall be noted on the Certificate(s) of Insurance. Self-Insured Retentions Self-insured retentions must be declared to and approved by City. The City may require Tenant 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. Verification of Coverage Tenant shall furnish City with original Certificate(s) of Insurance and all required amendatory endorsements or copies of the applicable policy language effecting coverage requiredby this clause and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before occupying the premises. A statement on a Certificate(s) of Insurance will not be accepted in lieu of the actual endorsements required herein. All Certificates of Insurance and endorsements are to be received and approved by City before Tenant is to occupy the premises. Failure to obtain the required documents prior to the work beginning shall not waive Tenant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurancepolicies, including endorsements, required by these specifications, at any time. Page 5 of 11 City Council 13 — 7 7/7/2026 Failure to Maintain Insurance Coverage If Tenant, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Tenant resulting from said breach. Alternatively, City may purchase such coverage, but has no obligation to do so, and seek reimbursement for such cost of insurance premiums from Tenant. Special Risks or Circumstances City reserves the right to modify these requirements at any time, including limits, based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. 18. DAMAGE BY CASUALTY a. In the event of a fire or other casualty in the Premises, Tenant shall immediately give notice thereof to Landlord. b. If the Premises, through no fault of Tenant, its agents, employees, invitees, or visitors, shall be partially destroyed by fire or other casualty so as to render the Premises untenantable as reasonably determined by Landlord, Rent shall abate in proportion to the percentage of square footage of the Premises rendered unusable until such time as the Premises are made tenantable as reasonably determined by Landlord. The entire Premises shall be made tenantable by Landlord's diligent repair within sixty (60) days following the fire or casualty incident. C. Except where Landlord is not obligated to repair or rebuild the Building or the Premises, Landlord will use due diligence to repair or rebuild the same (except that Landlord will have no obligation to repair or replace any alteration, addition, or improvements to the Premises other than the Tenant Improvements installed at Landlord's expense which will be repaired only to the level of Building Standard Improvements). d. In the event of(i)the total destruction of the Premises, (ii)the partial destruction of the Premises or the Building where the same is so damaged that it cannot, in Landlord's reasonable opinion, be repaired within sixty(60) days of the occurrence of such damage, or (iii) damage or destruction as a result of any casualty for which insurance proceeds are not available to pay 100% of the cost of repair or rebuilding,Landlord will have no obligation to repair or rebuild the Premises or the Building. Landlord will make its determination whether to repair or rebuild within sixty (60) days of the occurrence of such damage or destruction. Upon notification to Tenant of Landlord's decision not to repair or rebuild, this Lease shall terminate. In such an event, Tenant shall be reimbursed by Landlord any rent monies transferred from Tenant to Landlord during this sixty(60) day period within fourteen(14)days after the termination of the lease. 19. EMINENT DOMAIN: (a) If(i) all or part of the Premises, the building located thereon, or(ii) so much of any rights in the Premises or the building located thereon shall be taken or appropriated under any right of eminent domain or under any other legal right whereby the Page 6 of 11 City Council 13 — 8 7/7/2026 taking authority is obligated to compensate Landlord therefor so that there does not remain premises suitable in the sole opinion of Tenant for the operation of its business, then Tenant may terminate and cancel this Lease without owing any liability to Landlord as of the date on which the condemning authority takes physical possession upon giving to Landlord written notice of such election. Landlord agrees immediately within ten (10) days after any notice of intended or actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full details of such taking or appropriation, including, without limitation copies of all condemnation plans or surveys submitted by the condemning authority, a statement of the nature of the project to be conducted by the condemning authority, and such other information as might be necessary to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE UNDER ANY THIS PARAGRAPH SHALL NOT ENTITLE TENANT TO ANY RIGHTS OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED TO CONDEMNATION OR INVERSE CONDEMNATION. (b) If this Lease shall be terminated and canceled as a result of any taking or appropriation, Tenant shall be released from any further liability and Rent and other sums for the last month of Tenant's occupancy shall be prorated and Landlord shall immediately refund to Tenant any sums paid in advance. (c) Tenant reserves unto itself the right to prosecute Tenant's claim for an award for damages for the termination of this Lease caused by such appropriation or taking, together with damages based on the value of Tenant's improvements and Tenant's fixtures and other personal property erected or installed on the Premises and damages Tenant may sustain to the interest in the business operated by Tenant on the Premises, including, but not limited to, goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by such appropriation or taking, and Tenant may file such claims as are permitted by law for the loss of its leasehold interest, business dislocation damages, moving expense, or other damages caused by such taking or appropriation. Tenant's right to receive compensation or damages for its fixtures or its personal property shall not be affected in any manner by this Lease. 20. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all mechanic's liens, or other liens, for labor performed or materials furnished with respect to the Premises by or for Tenant. 21. PARKING AREA: Tenant acknowledges that Landlord has entered into an agreement with the Orange County Transportation Authority for the construction of the OC Streetcar at SARTC, which is under construction. Such construction may affect the number of parking spaces available at any one time, though it is not possible to determine the precise effect at the time of this Lease. Surface Parking Lots 1 and 2 allow up to 72-hour parking. Landlord will provide parking passes to identify all Tenant vehicles parked at SARTC at no cost to Tenant. If the parking structure at SARTC is full, Tenant and Tenant's agents, employees, customers and invitees must use the surface lots at SARTC. 22. TENANT'S DEFAULT: (a) If Tenant shall default in payment of Rent, when due, Page 7 of 11 City Council 13 — 9 7/7/2026 Landlord shall forward written notice, pursuant to Section 23, of such default to Tenant, and the failure of Tenant to cure such default within three (3) days after the date of receipt of such notice shall, at the sole option of Landlord, cause the termination of this Lease. (b) If Tenant shall default in the performance of any other terms or provisions of this Lease, and if Landlord shall give to Tenant written notice,pursuant to Section 23, of such default, and if Tenant shall fail to cure such default within thirty (30) days after receipt of such notice, Landlord at its sole option, shall cause the termination of this Lease immediately. 23. HAZARDOUS SUBSTANCES: (a) As used herein, the term "Hazardous Substances" shall mean, without limitation, any substance that is biologically or chemically active or any hazardous, toxic, or dangerous waste, substance (including, but not limited to, lead-based paint, asbestos or petroleum derivative substances), or material defined as such in (or for purposes of) (i) any state, federal or local environmental laws, interpretive letters, regulations, decrees or ordinances, (ii) the Comprehensive Environmental Response, Compensation and Liability Act, as amended, (iii) the Resource Conservation and Recovery Act, (iv) any of the state or local "Super Fund", "Super Lien" or "Cleanup Lien" laws or (v) any other federal, state or local statute, law, ordinance, code, rule, interpretive letter, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any such substances or materials or any amendments or successor statutes with respect to any of the foregoing. (b) During the Term of this Lease, Tenant represents and warrants that no Hazardous Substances will be stored on the Premises and no Hazardous Substances will be discharged on the Premises by Tenant. Tenant agrees that such representations and warranties shall survive any termination of this Lease, and Tenant agrees to indemnify and hold harmless Landlord from any and all costs, expenses, claims and damages,including,but not limited to, attorneys'fees and costs of remediation,arising from Tenant's breach of any of the representations and warranties contained in this Section. 24. NOTICE: Any notice,tender, demand, delivery, or other communication pursuant to this Lease 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, to the following persons. TO TENANT: TO CITY: LAZ Parking California Executive Director, Attn: Nick Lapating Public Works Agency 949 South Coast Drive, Suite 515 City of Santa Ana Costa Mesa,CA 92626 20 Civic Center Plaza(M-21) Santa Ana,CA 92701 AND City Clerk City of Santa Ana 20 Civic Center Plaza(M-29) Santa Ana,CA 92701 A party may change its address by giving notice in writing to the other party at least 15 days prior Page S of 11 City Council 13 — 10 7/7/2026 to the effective change. 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25. USE: For the purposes of this Lease, Tenant's intended use of the Premises is strictly for office space. No other use of the Premises shall be permitted without written consent of Landlord. 26. GENERAL PROVISIONS: a. This Lease (and the documents referred to herein) constitutes the entire agreement between the parties pertaining to the lease of the Premises contained herein and supersedes any and all prior and contemporaneous agreements, representations and understandings, oral or otherwise, between or among the parties with respect to the matters contained herein. b. This Lease shall be binding upon, and inure to the benefit of,the parties hereto and their respective heirs, legatees, distributes, legal representatives, successors and assigns. C. This Lease shall not be modified, amended or supplemented, in whole or part, without the prior written consent of all parties hereto. Each and every waiver of any covenant, representation,warranty or any other provision hereof must be in writing and signed by each party whose interests are adversely affected by such waiver. No waiver granted in any one instance shall be construed as a continuing waiver applicable in any other instance. d. If any legal action or other proceeding is brought for the enforcement hereof, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions hereof,the successful or prevailing party or parties shall be entitled to recover attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. e. The parties hereby agree that each party and its attorneys have reviewed and revised this Lease and that the normal rule of construction, to the effect that any ambiguities are resolved against the drafting party, shall not be employed in the interpretation of this Lease and no other rule of strict construction shall be used against any party. All exhibits and schedules attached or to be attached hereto, and all other agreements and instruments referred to herein, are hereby incorporated herein by reference, as fully as if copied herein verbatim. f. This Lease shall be governed by the internal laws of the State of California without regard to and excluding its principles of conflicts of laws. g. The parties further agree that upon request, they shall do such further acts and deeds, and shall execute, acknowledge, deliver and record such other documents and instruments, as may be reasonably necessary from time to time to evidence, confirm or carry out the intent and purposes of this Lease. Page 9 of 11 City Council 13 — 11 7/7/2026 h. Unless the context in which used clearly requires another construction, throughout this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the neuter gender shall include the masculine or both, and the singular of terms shall include the plural and vice versa. The section headings are for convenience only and shall not affect the construction hereof. i. If any one or more of the provisions hereof shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the validity or enforceability of any other provision hereof, which shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. The parties intend that if any provision hereof is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. j. Time is of the essence in the performance of each party's respective obligations. k. This Lease may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same instrument, and it shall not be necessary that any single counterpart bear the signatures of all parties. 1. Unless expressly stated to be exclusive, no remedy conferred herein shall be deemed to be exclusive of any other remedy conferred herein or any other remedy now or hereafter available at law or equity. All remedies conferred herein, and all remedies now or hereafter available at law or equity, shall be deemed to be cumulative and not alternative, and may be enforced concurrently or successively. in. All provisions of this Lease shall be construed as covenants and agreements where used in each separate provision hereof and shall bind and inure to the benefit of the parties hereto, their respective heirs, legal representatives, successors and assigns. n. All periods of time shall include Saturdays, Sundays and legal holidays; provided that, if the last day to perform any act or give notice falls on a Saturday, Sunday or legal holiday, then such act or notice shall be timely performed if given on the next succeeding business day. o. Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, and no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the relationship of landlord and tenant. [signature page to follow] Page 10 of 11 City Council 13 — 12 7/7/2026 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM Sonia R. Carvalho LAZ PARKING CALIFORNIA City Attorney �14Q��� By. Kyle llesen By: John Svendblad Assistant City Attorney Title: President RECOMMENDED FOR APPROVAL Michael (Jun 30,2026 12:09:10 PDT) Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency Page 11 of 11 City Council 13 — 13 7/7/2026 EXHIBIT A City Council 13 — 14 7/7/2026 LL g (/) 0 O a 0 O 0 cr m � a (30 0 Q LL a V) � O I 0 O 0 00 0 Z) 0 EXHIBIT B ADDITIONAL LEASE CONDITIONS • SARTC business hours are seven days a week from 5AM to midnight and there is on-site security 24/7.If tenant needs to access tenant space during non-business hours,they will need to contact the security guard on duty at(714)912-3494. • Tenant must provide SARTC Property Management Office with a point of contact for regular business house and after hours. • Tenant has the ability to terminate with 30-day notice. City Council 13 — 16 7/7/2026 Public Works Agency www.santa-ana.org/pw Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Lease Agreement with PGH Wong for Office Space at the Santa Ana Regional Transportation Center AGENDA TITLE Lease Agreement with PGH Wong for Office Space at the Santa Ana Regional Transportation Center (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a lease agreement with PGH Wong to compensate the City $9,359 per month, for the lease of approximately 3,284 square feet of office space located at the Santa Ana Regional Transportation Center for a term beginning July 17, 2026 and expiring December 31, 2026, with provisions for up to one, one-year extension, for a total lease agreement amount of $163,640 (Agreement No. A- 2026-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION PGH Wong, a construction management consultant on the OC Streetcar project, has leased office at the Santa Ana Regional Transportation Center (SARTC) since December 2018 and is requesting to continue leasing approximately 3,284 square feet of office space on the second floor of SARTC from the City through December 31, 2026. Under the current lease, which expires on July 16, 2026, PGH Wong pays $2.75 per square foot. The proposed lease agreement reflects a Consumer Price Index (CPI) increase to $2.85 per square foot for a six-month term beginning July 17, 2026 through December 31, 2026, for a total monthly rate of$9,359. The lease will include up to one optional one-year extensions, with the monthly rate subject to CPI increase (Exhibit 1). Staff evaluated current market conditions and negotiated a rental rate increase that reflects the value of the space and the temporary nature of the tenant's occupancy related to the OC Streetcar project. The negotiated rate provides continued rental revenue to the City while maintaining occupancy of the space. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. City Council 14 — 1 7/7/2026 Lease Agreement with PGH Wong for Office Space at the Santa Ana Regional Transportation Center July 7, 2026 Page 2 FISCAL IMPACT Approval of the lease agreement will provide compensation to the City of up to $163,640 over the term of the lease agreement, assuming all renewal options are exercised, for lease of interior office space at the SARTC. Accounting Accounting Unit, Fiscal Unit-Account Fund Account Amount Year No. Description (Project No.) Description Initial Term FY 2026-27 06717002- Regional PWA-SARTC 2026-27 53824 Transportation Operations, $51,326 Center Rental-PGH Optional One, One-Year Extension 2026-27 06717002- Regional PWA-SARTC (Jan-Jun) 53824 Transportation Operations, $56,157 Center Rental-PGH Regional PWA-SARTC 2027-28 06717002- Transportation Operations, $56,157 (Jul-Dec) 53824 Center Rental-PGH TOTAL: 1 $163,640 EXHIBIT(S) 1. Lease Agreement with PGH Wong Submitted By: Rodolfo Rosas, P.E., Acting Executive Director, Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 14 — 2 7/7/2026 Exhibit 1 LEASE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND PGH WONG ENGINEERING, INC. FOR USE OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER FACILITIES THIS LEASE (the "Lease") is made as of July 7, 2026, by and between 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" or "Landlord"), and PGH Wong Engineering, Inc., a California corporation ("Tenant"). l. EXHIBITS: The following exhibits are attached hereto and incorporated herein by reference: Exhibit "A" The Premises Exhibit "B"Additional Lease Conditions 2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord,upon the terms, covenants and subject to the conditions set forth herein, a portion of the property located at 1000 East Santa Ana Boulevard in the City of Santa Ana, commonly known as the Santa Ana Regional Transportation Center(SARTC). Specifically, Tenant will be leasing the portion identified and described in Exhibit A, consisting of approximately 3,284 square feet of interior office space (hereinafter referred to as the "PREMISES"). Tenant shall be solely responsible at its own expense for all improvements made to the Premises and obtain all necessary permits. The Landlord reserves the right to reconfigure the lease space or relocate the Tenant within SARTC by providing Tenant with a 30-day notice of such reconfiguration or relocation. 3. COMMENCEMENT OF TERM: The term of this Lease (the "Term") shall commence on July 17, 2026 (the "Commencement Date"), and expire on December 31, 2026, unless sooner terminated, as provided herein. 4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject to compliance with the additional lease conditions attached hereto as Exhibit B. These additional lease conditions are a material part of this lease agreement and any default of these conditions will be deemed a major breach and will subject this lease to termination per the terms identified herein. 5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to provide Tenant the option to extend the Term for up to one (1) year, or any part thereof, on the same terms and conditions as set forth in this Lease. Such extension shall be agreed to in writing by the Landlord and Tenant prior to the expiration of the Term or any extension period then in effect. If Tenant does not exercise its option to extend as provided herein, Tenant will be deemed a holdover Tenant and subject to paragraph 7 of this Lease. The Lease is subject to a Consumer Price Index (CPI) increase for any extension period. 6. RENT: Upon the Commencement Date, Tenant shall pay to Landlord, as rent ("Rent") the monthly sum of Nine Thousand, Three Hundred Fifty-Nine Dollars and 00/100 Page 1 of 11 City Council 14 — 3 7/7/2026 ($9,359.00) in advance, on the 1 st day of each calendar month and continuing through the life of the Tenn. Any partial month shall be prorated at $312 per day. All payments of Rent and other sums due to Landlord hereunder shall be made payable to "The City of Santa Ana" and remitted to: City of Santa Ana M-13, 20 Civic Center Plaza,PO Box 1988, Santa Ana, CA 92702. A LATE CHARGE OF TEN PERCENT (10%) SHALL BE APPLIED TO ANY PAYMENT HEREUNDER DUE BUT UNPAID AFTER THE 1 OTH of the month. 7. HOLDOVER: Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. In the event that Tenant holds over, then the Rent shall be increased to 150% of the Rent applicable immediately preceding the expiration or termination. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant. Any holding over by Tenant of the Premises after the expiration or termination of this Lease shall operate and be construed as a tenancy from month to month subject to the terms of this Lease, terminable by either party upon thirty (30) days prior written notice to the other. 8. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants to Tenant that Landlord has fee simple title to the Premises and has the full right and lawful authority to make this Lease. Notwithstanding anything contained herein to the contrary, if there are any liens, security interests, restrictions, leases, encumbrances, encroachments, laws, ordinances, governmental rules or regulations, title restrictions, zoning, endangered species or any other matters which in fact interfere with Tenant's use of the Premises, then Tenant may terminate this Lease without owing any liability to Landlord. Landlord covenants that so long as Tenant is not in monetary default as defined hereunder, Tenant shall have quiet and peaceful possession and enjoyment of the Premises, all improvements located thereon and of all easements, rights and appurtenances thereunto belonging. 9. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF TERM: Tenant agrees to deliver to Landlord physical possession of the Premises upon the termination or expiration of this Lease in good condition except, however, ordinary wear and tear, damage by fire or any other casualty, or damage from any other cause unless such other cause is solely attributable to the negligence of Tenant. 10. ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the Premises or any part thereof without the prior written consent of Landlord. 11. TENANT'S REPAIRS, ALTERATIONS AND FIXTURES: Except for reasonable wear and tear, Landlord agrees at Landlord's expense to(1)provide general building maintenance, and (2) maintain in good repair the foundation, retaining walls and structural soundness of the Premises. Landlord agrees to keep the Premises in good repair, including the plumbing, electrical wiring, air-conditioning and heating equipment. Subject to Landlord approval, Tenant may make and pay for any renovations, alterations and improvements to the Premises as Tenant deems desirable and Tenant agrees that all such alterations and improvements shall be made in a good Page 2 of 11 City Council 14 — 4 7/7/2026 and workmanlike manner and in such fashion as not to diminish the value of the building, and that no such alterations shall compromise the structural integrity of the Premises. All improvements, additions, alterations, and repairs shall be in accordance with applicable laws and at Tenant's own expense. Tenant shall indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and major repairs made by Tenant. It shall be Tenant's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises at the request of Tenant. On surrendering possession of the Premises to Landlord at the expiration or sooner termination of this Lease, Tenant shall be required to return the premises in the same condition upon commencement of lease except for normal wear and tear. Tenant may paint the interior of the Premises and may also paint, erect, or authorize the installation of"temporary signs"in accordance with a signage plan that is pre-approved by the Landlord. Landlord shall not install or maintain, or permit anyone other than Tenant to install or maintain, any signs on any part of the Premises or within the air space above the Premises during the Term of this Lease. 12. MAINTENANCE: Landlord shall provide at its own cost and expense janitorial services for the Premises. Janitorial supplies and services shall be provided on a five-day-per-week basis. 13. COMPLIANCE WITH LAWS: Tenant shall make and pay for nonstructural improvements and alterations to comply with all applicable laws,rules,regulations,and ordinances of any and all applicable governmental entities (the "Governmental Laws") applying to the physical condition of the Premises and the building located thereon and arising solely from Tenant's conduct of business. TENANT ACKNOWLEDGES THAT THE PREMISES HAS NOT UNDERGONE AN INSPECTION BY A CERTIFIED ACCESS SPECIALIST (CASP). 14. UTILITIES: Landlord agrees to pay for all utilities furnished to the Premises and which are consumed by Tenant, during the Term, including charges or assessments for water, sewer, gas,heat, electricity, garbage disposal and trash disposal. 15. ESTOPPEL CERTIFICATES: Landlord and Tenant shall, from time to time upon thirty (30) days' request by the other (but not to exceed more than three (3) times in any given calendar year), execute, acknowledge and deliver a statement, dated currently, certifying that this Lease is unmodified and in full, force and effect (or, if there have been modifications, that this Lease is in full effect as modified, and identifying such modifications) and the dates to which the Rent have been paid, and that no default exists in the observance of this Lease and no event of default has occurred and is continuing, or specifying each such default or event of default of which Landlord or Tenant may have knowledge, it being intended that any such statement may be relied upon by Landlord's or Tenant's Mortgagees, any prospective purchaser of the interest of Landlord or Tenant in their respective premises described herein. Page 3 of 11 City Council 14 — 5 7/7/2026 16. INDEMNITY: Tenant shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands,judgments, losses, expenses, or liabilities, injuries and damages to persons and property,including death, arising out of or related to Tenant's use of the Premises,the entry by Tenant or entity invited by Tenant on the Premises or surrounding property, or Tenant's breach or default in the performance of any of tis obligations under this Agreement;provided,however, that Tenant will not be obligated to indemnify the Covered Parties from any claims arising solely from the negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim,Tenant, upon receipt of written notice from Covered Party, shall defend the same at Tenant's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section 15 shall survive the termination or expiration of this Agreement. 17. INSURANCE: Tenant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Tenant's operation and use of the leased premises. The cost of such insurance shall be borne by Tenant. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 coverage CGL on an "occurrence" basis, including products and completed operations, property damage,bodily injury and personal&advertising injury with limits no less than$2,000,000 per occurrence, and $4,000,000 in the aggregate. • Worker's Compensation (WC): Insurance as required by the State of California, with statutory limits and Employer's Liability insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. (This applies to Tenants with one or more employees.) • Property Insurance coverage shall be on a broad form basis against all perils for damage to and loss of property, and tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If the Tenant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract. Other Insurance Provisions: Page 4 of 11 City Council 14 — 6 7/7/2026 The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City of Santa Ana,its City Council,its officers,officials,employees, agents, and volunteers are to be covered as additional insureds, under Tenant's CGL policy, with respect to liability arising out of work or operations performed by or on behalf of the Tenant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Tenant's Insurance companies agrees to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of the Tenant's CGL and WC policies which arise from work performed by Tenant under this Agreement. 3. For any claims related to this contract, Tenant's insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Tenant'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. Insurance policies 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: Public Works Agency, 20 Civic Center Plaza, M-21, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. The current A.M. Best rating for each insurer shall be noted on the Certificate(s) of Insurance. Self-Insured Retentions Self-insured retentions must be declared to and approved by City. The City may require Tenant 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. Verification of Coverage Tenant shall furnish City with original Certificate(s) of Insurance and all required amendatory endorsements or copies of the applicable policy language effecting coverage requiredby this clause and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before occupying the premises. A statement on a Certificate(s) of Insurance will not be accepted in lieu of the actual endorsements required herein. All Certificates of Insurance and endorsements are to be received and approved by City before Tenant is to occupy the premises. Failure to obtain the required documents prior to the work beginning shall not waive Tenant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurancepolicies, including endorsements, required by these specifications, at any time. Page 5 of 11 City Council 14 — 7 7/7/2026 Failure to Maintain Insurance Coverage If Tenant, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Tenant resulting from said breach. Alternatively, City may purchase such coverage, but has no obligation to do so, and seek reimbursement for such cost of insurance premiums from Tenant. Special Risks or Circumstances City reserves the right to modify these requirements at any time, including limits, based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. 18. DAMAGE BY CASUALTY a. In the event of a fire or other casualty in the Premises, Tenant shall immediately give notice thereof to Landlord. b. If the Premises, through no fault of Tenant, its agents, employees, invitees, or visitors, shall be partially destroyed by fire or other casualty so as to render the Premises untenantable as reasonably determined by Landlord, Rent shall abate in proportion to the percentage of square footage of the Premises rendered unusable until such time as the Premises are made tenantable as reasonably determined by Landlord. The entire Premises shall be made tenantable by Landlord's diligent repair within sixty (60) days following the fire or casualty incident. C. Except where Landlord is not obligated to repair or rebuild the Building or the Premises, Landlord will use due diligence to repair or rebuild the same (except that Landlord will have no obligation to repair or replace any alteration, addition, or improvements to the Premises other than the Tenant Improvements installed at Landlord's expense which will be repaired only to the level of Building Standard Improvements). d. In the event of(i)the total destruction of the Premises, (ii)the partial destruction of the Premises or the Building where the same is so damaged that it cannot, in Landlord's reasonable opinion, be repaired within sixty(60) days of the occurrence of such damage, or (iii) damage or destruction as a result of any casualty for which insurance proceeds are not available to pay 100% of the cost of repair or rebuilding,Landlord will have no obligation to repair or rebuild the Premises or the Building. Landlord will make its determination whether to repair or rebuild within sixty (60) days of the occurrence of such damage or destruction. Upon notification to Tenant of Landlord's decision not to repair or rebuild, this Lease shall terminate. In such an event, Tenant shall be reimbursed by Landlord any rent monies transferred from Tenant to Landlord during this sixty(60) day period within fourteen(14)days after the termination of the lease. 19. EMINENT DOMAIN: (a) If(i) all or part of the Premises, the building located thereon, or(ii) so much of any rights in the Premises or the building located thereon shall be taken or appropriated under any right of eminent domain or under any other legal right whereby the Page 6 of 11 City Council 14 — 8 7/7/2026 taking authority is obligated to compensate Landlord therefor so that there does not remain premises suitable in the sole opinion of Tenant for the operation of its business, then Tenant may terminate and cancel this Lease without owing any liability to Landlord as of the date on which the condemning authority takes physical possession upon giving to Landlord written notice of such election. Landlord agrees immediately within ten (10) days after any notice of intended or actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full details of such taking or appropriation, including, without limitation copies of all condemnation plans or surveys submitted by the condemning authority, a statement of the nature of the project to be conducted by the condemning authority, and such other information as might be necessary to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE UNDER ANY THIS PARAGRAPH SHALL NOT ENTITLE TENANT TO ANY RIGHTS OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED TO CONDEMNATION OR INVERSE CONDEMNATION. (b) If this Lease shall be terminated and canceled as a result of any taking or appropriation, Tenant shall be released from any further liability and Rent and other sums for the last month of Tenant's occupancy shall be prorated and Landlord shall immediately refund to Tenant any sums paid in advance. (c) Tenant reserves unto itself the right to prosecute Tenant's claim for an award for damages for the termination of this Lease caused by such appropriation or taking, together with damages based on the value of Tenant's improvements and Tenant's fixtures and other personal property erected or installed on the Premises and damages Tenant may sustain to the interest in the business operated by Tenant on the Premises, including, but not limited to, goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by such appropriation or taking, and Tenant may file such claims as are permitted by law for the loss of its leasehold interest, business dislocation damages, moving expense, or other damages caused by such taking or appropriation. Tenant's right to receive compensation or damages for its fixtures or its personal property shall not be affected in any manner by this Lease. 20. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all mechanic's liens, or other liens, for labor performed or materials furnished with respect to the Premises by or for Tenant. 21. PARKING AREA: Tenant acknowledges that Landlord has entered into an agreement with the Orange County Transportation Authority for the construction of the OC Streetcar at SARTC, which is under construction. Such construction may affect the number of parking spaces available at any one time, though it is not possible to determine the precise effect at the time of this Lease. Surface Parking Lots 1 and 2 allow up to 72-hour parking. Landlord will provide parking passes to identify all Tenant vehicles parked at SARTC at no cost to Tenant. If the parking structure at SARTC is full, Tenant and Tenant's agents, employees, customers and invitees must use the surface lots at SARTC. 22. TENANT'S DEFAULT: (a) If Tenant shall default in payment of Rent, when due, Page 7 of 11 City Council 14 — 9 7/7/2026 Landlord shall forward written notice, pursuant to Section 23, of such default to Tenant, and the failure of Tenant to cure such default within three (3) days after the date of receipt of such notice shall, at the sole option of Landlord, cause the termination of this Lease. (b) If Tenant shall default in the performance of any other terms or provisions of this Lease, and if Landlord shall give to Tenant written notice,pursuant to Section 23, of such default, and if Tenant shall fail to cure such default within thirty (30) days after receipt of such notice, Landlord at its sole option, shall cause the termination of this Lease immediately. 23. HAZARDOUS SUBSTANCES: (a) As used herein, the term "Hazardous Substances" shall mean, without limitation, any substance that is biologically or chemically active or any hazardous, toxic, or dangerous waste, substance (including, but not limited to, lead-based paint, asbestos or petroleum derivative substances), or material defined as such in (or for purposes of) (i) any state, federal or local environmental laws, interpretive letters, regulations, decrees or ordinances, (ii) the Comprehensive Environmental Response, Compensation and Liability Act, as amended, (iii) the Resource Conservation and Recovery Act, (iv) any of the state or local "Super Fund", "Super Lien" or "Cleanup Lien" laws or (v) any other federal, state or local statute, law, ordinance, code, rule, interpretive letter, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any such substances or materials or any amendments or successor statutes with respect to any of the foregoing. (b) During the Term of this Lease, Tenant represents and warrants that no Hazardous Substances will be stored on the Premises and no Hazardous Substances will be discharged on the Premises by Tenant. Tenant agrees that such representations and warranties shall survive any termination of this Lease, and Tenant agrees to indemnify and hold harmless Landlord from any and all costs, expenses, claims and damages,including,but not limited to, attorneys'fees and costs of remediation,arising from Tenant's breach of any of the representations and warranties contained in this Section. 24. NOTICE: Any notice,tender, demand, delivery, or other communication pursuant to this Lease 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, to the following persons. TO TENANT: TO CITY: PGH Wong Engineering,Inc. Attn: Executive Director, Peter G.H. Wong Public Works Agency 182 2na St. Suite 500 City of Santa Ana San Francisco,CA 94105-3801 20 Civic Center Plaza(M-21) Santa Ana,CA 92701 AND City Clerk City of Santa Ana 20 Civic Center Plaza(M-29) Santa Ana,CA 92701 A party may change its address by giving notice in writing to the other party at least 15 days prior Page S of 11 City Council 14 — 10 7/7/2026 to the effective change. 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25. USE: For the purposes of this Lease, Tenant's intended use of the Premises is strictly for office space. No other use of the Premises shall be permitted without written consent of Landlord. 26. GENERAL PROVISIONS: a. This Lease (and the documents referred to herein) constitutes the entire agreement between the parties pertaining to the lease of the Premises contained herein and supersedes any and all prior and contemporaneous agreements, representations and understandings, oral or otherwise, between or among the parties with respect to the matters contained herein. b. This Lease shall be binding upon, and inure to the benefit of,the parties hereto and their respective heirs, legatees, distributes, legal representatives, successors and assigns. C. This Lease shall not be modified, amended or supplemented, in whole or part, without the prior written consent of all parties hereto. Each and every waiver of any covenant, representation,warranty or any other provision hereof must be in writing and signed by each party whose interests are adversely affected by such waiver. No waiver granted in any one instance shall be construed as a continuing waiver applicable in any other instance. d. If any legal action or other proceeding is brought for the enforcement hereof, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions hereof,the successful or prevailing party or parties shall be entitled to recover attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. e. The parties hereby agree that each party and its attorneys have reviewed and revised this Lease and that the normal rule of construction, to the effect that any ambiguities are resolved against the drafting party, shall not be employed in the interpretation of this Lease and no other rule of strict construction shall be used against any party. All exhibits and schedules attached or to be attached hereto, and all other agreements and instruments referred to herein, are hereby incorporated herein by reference, as fully as if copied herein verbatim. f. This Lease shall be governed by the internal laws of the State of California without regard to and excluding its principles of conflicts of laws. g. The parties further agree that upon request, they shall do such further acts and deeds, and shall execute, acknowledge, deliver and record such other documents and instruments, as may be reasonably necessary from time to time to evidence, confirm or carry out the intent and purposes of this Lease. Page 9 of 11 City Council 14 — 11 7/7/2026 h. Unless the context in which used clearly requires another construction, throughout this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the neuter gender shall include the masculine or both, and the singular of terms shall include the plural and vice versa. The section headings are for convenience only and shall not affect the construction hereof. i. If any one or more of the provisions hereof shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the validity or enforceability of any other provision hereof, which shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. The parties intend that if any provision hereof is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. j. Time is of the essence in the performance of each party's respective obligations. k. This Lease may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same instrument, and it shall not be necessary that any single counterpart bear the signatures of all parties. 1. Unless expressly stated to be exclusive, no remedy conferred herein shall be deemed to be exclusive of any other remedy conferred herein or any other remedy now or hereafter available at law or equity. All remedies conferred herein, and all remedies now or hereafter available at law or equity, shall be deemed to be cumulative and not alternative, and may be enforced concurrently or successively. in. All provisions of this Lease shall be construed as covenants and agreements where used in each separate provision hereof and shall bind and inure to the benefit of the parties hereto, their respective heirs, legal representatives, successors and assigns. n. All periods of time shall include Saturdays, Sundays and legal holidays; provided that, if the last day to perform any act or give notice falls on a Saturday, Sunday or legal holiday, then such act or notice shall be timely performed if given on the next succeeding business day. o. Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, and no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the relationship of landlord and tenant. [signature page to follow] Page 10 of 11 City Council 14 — 12 7/7/2026 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day,month and year first written above. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM PGH WONG ENGINEERING, INC. Sonia R. Carvalho City Attorney By: KyleXellesen Peter G.H. Wong Assistant City Attorney Chief Executive Officer RECOMMENDED FOR APPROVAL /&(OG f0 Rosa) Rodolfo Rosas(Jun 25,2026 14:56:15 PDT) Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency Page 11 of 11 City Council 14 — 13 7/7/2026 EXHIBIT A City Council 14 — 14 7/7/2026 Z L J O I� m c N L CO C N O z_ Y ~ J U� Q W W U N LL N LL O Q Ld Q WI O O W O N W N 0 O z LL a_ LL O U N L O w g O LL ILI) OL EXHIBIT B ADDITIONAL LEASE CONDITIONS • SARTC business hours are seven days a week from 5AM to midnight and there is on-site security 24/7.If tenant needs to access tenant space during non-business hours,they will need to contact the security guard on duty at(714)912-3494. • Tenant must provide SARTC Property Management Office with a point of contact for regular business house and after hours. • Tenant has the ability to terminate with 30-day notice. City Council 14 — 16 7/7/2026 Public Works Agency www.santa-ana.org/pw Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Lease Agreement with Walsh Construction Company II, LLC for Office Space at the Santa Ana Regional Transportation Center AGENDA TITLE Lease Agreement with Walsh Construction Company II, LLC for Office Space at the Santa Ana Regional Transportation Center (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a lease agreement with Walsh Construction Company II, LLC to compensate the City $12,091 per month, for the lease of approximately 4,429 square feet of office space located at the Santa Ana Regional Transportation Center for a term beginning July 16, 2026 and expiring July 15, 2027 with provisions for up to one, one-year extension, for a total lease agreement amount of $290,190 (Agreement No. A-2026-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION Walsh Construction Company II, LLC, a contractor on the OC Streetcar project, has leased office at the Santa Ana Regional Transportation Center (SARTC) since December 2018 and is requesting to continue leasing approximately 4,429 square feet of office space on the second floor at SARTC from the City through July 15, 2027. Under the current lease, which expires on July 15, 2026, Walsh Construction II, LLC pays $2.63 per square foot. The proposed lease agreement reflects a Consumer Price Index (CPI) increase to $2.73 per square foot for a one-year term beginning July 16, 2026 through July 15, 2027, for a total monthly rate of$12,091. The lease will include up to one optional one-year extension, with the monthly rate subject to CPI increase (Exhibit 1). Staff evaluated current market conditions and negotiated a rental rate increase that reflects the value of the space and the temporary nature of the tenant's occupancy related to the OC Streetcar project. The negotiated rate provides continued rental revenue to the City while maintaining occupancy of the space. ENVIRONMENTAL IMPACT City Council 15 - 1 7/7/2026 Lease Agreement with Walsh Construction Company II, LLC for Office Space at the Santa Ana Regional Transportation Center July 7, 2026 Page 2 There is no environmental impact associated with this action. FISCAL IMPACT Approval of the lease agreement will provide compensation to the City of up to $290,190 over the term of the lease agreement, assuming all renewal options are exercised, for lease of interior office space at the SARTC. Accounting Accounting Unit, Fiscal Unit-Account Fund Account Amount Year No. Description Description (Project No.) Initial Term 06717002- Regional PWA-SARTC 2026-27 Transportation Operations, Rental- $139,244 53823 Center Walsh Construction 2027-28 Regional PWA-SARTC (Jul 1—Jul 53823 02- Transportation Operations, Rental- $5,851 15) 53823 Center Walsh Construction Optional One, One-Year Extension 06717002- Regional PWA-SARTC 2027-28 Transportation Operations, Rental- $139,244 53823 Center Walsh Construction 2028-29 Regional PWA-SARTC (Jul 1-Jul 53823 02- Transportation Operations, Rental- $5,851 15) 53823 Center Walsh Construction TOTAL: j $290,190 EXHIBIT(S) 1. Lease Agreement with Walsh Construction Company II, LLC Submitted By: Rodolfo Rosas, P.E., Acting Executive Director, Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 15 — 2 7/7/2026 Exhibit 1 LEASE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND WALSH CONSTRUCTION COMPANY FOR USE OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER FACILITIES THIS LEASE (the "Lease") is made as of July 7, 2026, by and between 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" or"Landlord"), and Walsh Construction Company II, LLC ("Tenant"). I. EXHIBITS: The following exhibits are attached hereto and incorporated herein by reference: Exhibit"A" The Premises Exhibit"B"Additional Lease Conditions 2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms, covenants and subject to the conditions set forth herein, a portion of the property located at 1000 East Santa Ana Boulevard in the City of Santa Ana, commonly known as the Santa Ana Regional Transportation Center (SARTC). Specifically, Tenant will be leasing the portion identified and described in Exhibit A, consisting of approximately 4,429 square feet of interior office space (hereinafter referred to as the "PREMISES"). Tenant shall be solely responsible at its own expense for all improvements made to the Premises and obtain all necessary permits. The Landlord reserves the right to reconfigure the lease space or relocate the Tenant within SARTC by providing Tenant with a 30-day notice of such reconfiguration or relocation. 3. COMMENCEMENT OF TERM: The term of this Lease (the "Term") shall commence on July 16, 2026 (the "Commencement Date"), and expire on July 15, 2027, unless sooner terminated, as provided herein. 4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject to compliance with the additional lease conditions attached hereto as Exhibit B. These additional lease conditions are a material part of this lease agreement and any default of these conditions will be deemed a major breach and will subject this lease to termination per the terms identified herein. 5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to provide Tenant the option to extend the Term for up to one (1) year, or any part thereof, on the same terms and conditions as set forth in this Lease. Such extension shall be agreed to in writing by the Landlord and Tenant prior to the expiration of the Term or any extension period then in effect. If Tenant does not exercise its option to extend as provided herein, Tenant will be deemed a holdover Tenant and subject to paragraph 7 of this Lease. The Lease is subject to a Consumer Price Index (CPI) increase for any extension period. 6. RENT: Upon the Commencement Date, Tenant shall pay to Landlord, as rent ("Rent") the monthly sum of Twelve Thousand, Ninety-One Dollars and 00/100 (S12,091.00) in Page 1 of 11 City Council 15 — 3 7/7/2026 advance, on the 1 st day of each calendar month and continuing through the life of the Term. Any partial month shall be prorated at $403 per day. All payments of Rent and other sums due to Landlord hereunder shall be made payable to "The City of Santa Ana" and remitted to: City of Santa Ana M-13,20 Civic Center Plaza,PO Box 1988, Santa Ana, CA 92702. A LATE CHARGE OF TEN PERCENT (10%) SHALL BE APPLIED TO ANY PAYMENT HEREUNDER DUE BUT UNPAID AFTER THE 10"' of the month. 7. HOLDOVER: Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. In the event that Tenant holds over, then the Rent shall be increased to 150% of the Rent applicable immediately preceding the expiration or termination. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant. Any holding over by Tenant of the Premises after the expiration or termination of this Lease shall operate and be construed as a tenancy from month to month subject to the terms of this Lease, terminable by either party upon thirty (30) days prior written notice to the other. 8. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants to Tenant that Landlord has fee simple title to the Premises and has the full right and lawful authority to make this Lease. Notwithstanding anything contained herein to the contrary, if there are any liens, security interests, restrictions, leases, encumbrances, encroachments, laws, ordinances, govermnental rules or regulations, title restrictions, zoning, endangered species or any other matters which in fact interfere with Tenant's use of the Premises, then Tenant may terminate this Lease without owing any liability to Landlord. Landlord covenants that so long as Tenant is not in monetary default as defined hereunder, Tenant shall have quiet and peaceful possession and enjoyment of the Premises, all improvements located thereon and of all easements, rights and appurtenances thereunto belonging. 9. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF TERM: Tenant agrees to deliver to Landlord physical possession of the Premises upon the termination or expiration of this Lease in good condition except, however, ordinary wear and tear, damage by fire or any other casualty, or damage from any other cause unless such other cause is solely attributable to the negligence of Tenant. 10. ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the Premises or any part thereof without the prior written consent of Landlord. 11. TENANT'S REPAIRS, ALTERATIONS AND FIXTURES: Except for reasonable wear and tear, Landlord agrees at Landlord's expense to(1)provide general building maintenance, and (2) maintain in good repair the foundation, retaining walls and structural soundness of the Premises. Landlord agrees to keep the Premises in good repair, including the plumbing, electrical wiring, air-conditioning and heating equipment. Subject to Landlord approval, Tenant may make and pay for any renovations, alterations and improvements to the Premises as Tenant deems desirable and Tenant agrees that all such alterations and improvements shall be made in a good Page 2 of 11 City Council 15 — 4 7/7/2026 and workmanlike manner and in such fashion as not to diminish the value of the building, and that no such alterations shall compromise the structural integrity of the Premises. All improvements, additions, alterations, and repairs shall be in accordance with applicable laws and at Tenant's own expense. Tenant shall indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and major repairs made by Tenant. It shall be Tenant's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises at the request of Tenant. On surrendering possession of the Premises to Landlord at the expiration or sooner termination of this Lease, Tenant shall be required to return the premises in the same condition upon commencement of lease except for normal wear and tear. Tenant may paint the interior of the Premises and may also paint, erect, or authorize the installation of"temporary signs"in accordance with a signage plan that is pre-approved by the Landlord. Landlord shall not install or maintain, or permit anyone other than Tenant to install or maintain, any signs on any part of the Premises or within the air space above the Premises during the Term of this Lease. 12. MAINTENANCE: Landlord shall provide at its own cost and expense janitorial services for the Premises.Janitorial supplies and services shall be provided on a five-day-per-week basis. 13. COMPLIANCE WITH LAWS: Tenant shall make and pay for nonstructural improvements and alterations to comply with all applicable laws,rules,regulations,and ordinances of any and all applicable govermmental entities (the "Governmental Laws") applying to the physical condition of the Premises and the building located thereon and arising solely from Tenant's conduct of business. TENANT ACKNOWLEDGES THAT THE PREMISES HAS NOT UNDERGONE AN INSPECTION BY A CERTIFIED ACCESS SPECIALIST(CASP). 14. UTILITIES: Landlord agrees to pay for all utilities furnished to the Premises and which are consumed by Tenant, during the Term, including charges or assessments for water, sewer, gas, heat, electricity, garbage disposal and trash disposal. 15. ESTOPPEL CERTIFICATES: Landlord and Tenant shall, from time to time upon thirty (30) days' request by the other (but not to exceed more than three (3) times in any given calendar year), execute, acknowledge and deliver a statement, dated currently, certifying that this Lease is unmodified and in full, force and effect (or, if there have been modifications, that this Lease is in full effect as modified, and identifying such modifications) and the dates to which the Rent have been paid, and that no default exists in the observance of this Lease and no event of default has occurred and is continuing, or specifying each such default or event of default of which Landlord or Tenant may have knowledge, it being intended that any such statement may be relied upon by Landlord's or Tenant's Mortgagees, any prospective purchaser of the interest of Landlord or Tenant in their respective premises described herein. Page 3 of 11 City Council 15 — 5 7/7/2026 16. INDEMNITY: Tenant shall indemnify, defend, and hold harmless City, and its respective agents,representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands,judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death,but only to the extent it arises out of or related to Tenant's use of the Premises, the entry by Tenant or entity invited by Tenant on the Premises or surrounding property, or Tenant's breach or default in the performance of any of tis obligations under this Agreement; provided, however, that Tenant will not be obligated to indemnify the Covered Parties from any claims arising solely from the negligence or willful misconduct of a Covered Parry. If any action or proceeding is brought against any Covered Party by reason of any such claim, Tenant, upon receipt of written notice from Covered Party, shall defend the same at Tenant's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section 16 shall survive the termination or expiration of this Agreement. 17. INSURANCE: Tenant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Tenant's operation and use of the leased premises. The cost of such insurance shall be borne by Tenant. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 coverage CGL on an "occurrence" basis, including products and completed operations, property damage,bodily injury and personal&advertising injury with limits no less than$2,000,000 per occurrence, and $4,000,000 in the aggregate. • Worker's Compensation (WC): Insurance as required by the State of California, with statutory limits and Employer's Liability insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. (This applies to Tenants with one or more employees.) • Property Insurance coverage shall be on a broad form basis against all perils for damage to and loss of property, and tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If the Tenant maintains broader coverage and/or higher limits than the minimums shown above,the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract. Other Insurance Provisions: Page 4 of 11 City Council 15 — 6 7/7/2026 The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City of Santa Ana,its City Council,its officers,officials,employees,agents,and volunteers are to be covered as additional insureds, under Tenant's CGL policy, with respect to liability arising out of work or operations performed by or on behalf of the Tenant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Tenant's Insurance companies agrees to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of the Tenant's CGL and WC policies which arise from work performed by Tenant under this Agreement. 3. For any claims related to this contract, Tenant's insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Tenant'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. Insurance policies 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: Public Works Agency, 20 Civic Center Plaza, M-21, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. The current A.M. Best rating for each insurer shall be noted on the Certificate(s) of Insurance. Self-Insured Retentions Self-insured retentions must be declared to and approved by City. The City may require Tenant 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. Verification of Coverage Tenant shall furnish City with original Certificate(s) of Insurance and all required amendatory endorsements or copies of the applicable policy language effecting coverage requiredby this clause and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before occupying the premises. A statement on a Certificate(s)of Insurance will not be accepted in lieu of the actual endorsements required herein. All Certificates of Insurance and endorsements are to be received and approved by City before Tenant is to occupy the premises. Failure to obtain the required documents prior to the work beginning shall not waive Tenant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurancepolicies, including endorsements, required by these specifications, at any time. Page 5 of 11 City Council 15 — 7 7/7/2026 Failure to Maintain Insurance Coverage If Tenant, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Tenant resulting from said breach. Alternatively, City may purchase such coverage, but has no obligation to do so, and seek reimbursement for such cost of insurance premiums from Tenant. Special Risks or Circumstances City reserves the right to modify these requirements at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 18. DAMAGE BY CASUALTY a. In the event of a fire or other casualty in the Premises, Tenant shall immediately give notice thereof to Landlord. b. If the Premises, through no fault of Tenant, its agents, employees, invitees, or visitors, shall be partially destroyed by fire or other casualty so as to render the Premises untenantable as reasonably determined by Landlord, Rent shall abate in proportion to the percentage of square footage of the Premises rendered unusable until such time as the Premises are made tenantable as reasonably determined by Landlord. The entire Premises shall be made tenantable by Landlord's diligent repair within sixty (60) days following the fire or casualty incident. C. Except where Landlord is not obligated to repair or rebuild the Building or the Premises, Landlord will use due diligence to repair or rebuild the same (except that Landlord will have no obligation to repair or replace any alteration, addition, or improvements to the Premises other than the Tenant Improvements installed at Landlord's expense which will be repaired only to the level of Building Standard Improvements). d. In the event of(i) the total destruction of the Premises, (ii)the partial destruction of the Premises or the Building where the same is so damaged that it cannot,in Landlord's reasonable opinion, be repaired within sixty (60) days of the occurrence of such damage, or (iii) damage or destruction as a result of any casualty for which insurance proceeds are not available to pay 100% of the cost of repair or rebuilding,Landlord will have no obligation to repair or rebuild the Premises or the Building. Landlord will make its determination whether to repair or rebuild within sixty (60) days of the occurrence of such damage or destruction. Upon notification to Tenant of Landlord's decision not to repair or rebuild, this Lease shall terminate. In such an event, Tenant shall be reimbursed by Landlord any rent monies transferred from Tenant to Landlord during this sixty(60)day period within fourteen(14)days after the termination of the lease. 19. EMINENT DOMAIN: (a) If(i) all or part of the Premises, the building located thereon,or(ii) so much of any rights in the Premises or the building located thereon shall be taken or appropriated under any right of eminent domain or under any other legal right whereby the Page 6 of 11 City Council 15 — 8 7/7/2026 taking authority is obligated to compensate Landlord therefor so that there does not remain premises suitable in the sole opinion of Tenant for the operation of its business, then Tenant may terminate and cancel this Lease without owing any liability to Landlord as of the date on which the condemning authority takes physical possession upon giving to Landlord written notice of such election. Landlord agrees immediately within ten (10) days after any notice of intended or actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full details of such taking or appropriation, including, without limitation copies of all condemnation plans or surveys submitted by the condemning authority, a statement of the nature of the project to be conducted by the condemning authority, and such other information as might be necessary to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE UNDER ANY THIS PARAGRAPH SHALL NOT ENTITLE TENANT TO ANY RIGHTS OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED TO CONDEMNATION OR INVERSE CONDEMNATION. (b) If this Lease shall be terminated and canceled as a result of any taking or appropriation, Tenant shall be released from any further liability and Rent and other sums for the last month of Tenant's occupancy shall be prorated and Landlord shall immediately refund to Tenant any sums paid in advance. (c) Tenant reserves unto itself the right to prosecute Tenant's claim for an award for damages for the termination of this Lease caused by such appropriation or taking, together with damages based on the value of Tenant's improvements and Tenant's fixtures and other personal property erected or installed on the Premises and damages Tenant may sustain to the interest in the business operated by Tenant on the Premises, including, but not limited to, goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by such appropriation or taking,and Tenant may file such claims as are permitted by law for the loss of its leasehold interest, business dislocation damages, moving expense, or other damages caused by such taking or appropriation. Tenant's right to receive compensation or damages for its fixtures or its personal property shall not be affected in any manner by this Lease. 20. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all mechanic's liens, or other liens, for labor performed or materials furnished with respect to the Premises by or for Tenant. 21. PARKING AREA: Tenant acknowledges that Landlord has entered into an agreement with the Orange County Transportation Authority for the construction of the OC Streetcar at SARTC, which is under construction. Such construction may affect the number of parking spaces available at any one time, though it is not possible to determine the precise effect at the time of this Lease. Surface Parking Lots 1 and 2 allow up to 72-hour parking. Landlord will provide parking passes to identify all Tenant vehicles parked at SARTC at no cost to Tenant. If the parking structure at SARTC is full, Tenant and Tenant's agents, employees, customers and invitees must use the surface lots at SARTC. 22. TENANT'S DEFAULT: (a) If Tenant shall default in payment of Rent, when due, Page 7 of 11 City Council 15 — 9 7/7/2026 Landlord shall forward written notice, pursuant to Section 23, of such default to Tenant, and the failure of Tenant to cure such default within three (3) days after the date of receipt of such notice shall, at the sole option of Landlord, cause the termination of this Lease. (b) If Tenant shall default in the performance of any other terms or provisions of this Lease, and if Landlord shall give to Tenant written notice,pursuant to Section 23, of such default, and if Tenant shall fail to cure such default within thirty (30) days after receipt of such notice, Landlord at its sole option, shall cause the termination of this Lease immediately. 23. HAZARDOUS SUBSTANCES: (a) As used herein, the term "Hazardous Substances" shall mean, without limitation, any substance that is biologically or chemically active or any hazardous, toxic, or dangerous waste, substance (including, but not limited to, lead-based paint, asbestos or petroleum derivative substances), or material defined as such in(or for purposes of) (i) any state, federal or local environmental laws, interpretive letters, regulations, decrees or ordinances, (ii) the Comprehensive Environmental Response, Compensation and Liability Act, as amended, (iii) the Resource Conservation and Recovery Act, (iv) any of the state or local "Super Fund", "Super Lien" or "Cleanup Lien" laws or (v) any other federal, state or local statute, law, ordinance, code, rule, interpretive letter, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any such substances or materials or any amendments or successor statutes with respect to any of the foregoing. (b) During the Term of this Lease, Tenant represents and warrants that no Hazardous Substances will be stored on the Premises and no Hazardous Substances will be discharged on the Premises by Tenant. Tenant agrees that such representations and warranties shall survive any termination of this Lease, and Tenant agrees to indemnify and hold harmless Landlord from any and all costs, expenses, claims and damages,including, but not limited to, attorneys'fees and costs of remediation,arising from Tenant's breach of any of the representations and warranties contained in this Section. 24. NOTICE: Any notice,tender, demand, delivery, or other communication pursuant to this Lease 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, to the following persons. TO TENANT: TO CITY: Walsh Construction Company Executive Director, Attn: Jay Titus, Program Manager Public Works Agency 1000 E. Santa Ana Blvd., Suite 200 City of Santa Ana Santa Ana,CA 92701 20 Civic Center Plaza(M-21) Santa Ana, CA 92701 AND City Clerk City of Santa Ana 20 Civic Center Plaza(M-29) Santa Ana, CA 92701 A party may change its address by giving notice in writing to the other party at least 15 days prior Page S of 11 City Council 15 — 10 7/7/2026 to the effective change. 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25. USE: For the purposes of this Lease, Tenant's intended use of the Premises is strictly for office space. No other use of the Premises shall be permitted without written consent of Landlord. 26. GENERAL PROVISIONS: a. This Lease (and the documents referred to herein) constitutes the entire agreement between the parties pertaining to the lease of the Premises contained herein and supersedes any and all prior and contemporaneous agreements, representations and understandings, oral or otherwise, between or among the parties with respect to the matters contained herein. b. This Lease shall be binding upon, and inure to the benefit of,the parties hereto and their respective heirs, legatees, distributes, legal representatives, successors and assigns. C. This Lease shall not be modified, amended or supplemented, in whole or part, without the prior written consent of all parties hereto. Each and every waiver of any covenant, representation, warranty or any other provision hereof must be in writing and signed by each party whose interests are adversely affected by such waiver. No waiver granted in any one instance shall be construed as a continuing waiver applicable in any other instance. d. If any legal action or other proceeding is brought for the enforcement hereof, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions hereof,the successful or prevailing party or parties shall be entitled to recover attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. e. The parties hereby agree that each party and its attorneys have reviewed and revised this Lease and that the normal rule of construction, to the effect that any ambiguities are resolved against the drafting party, shall not be employed in the interpretation of this Lease and no other rule of strict construction shall be used against any party. All exhibits and schedules attached or to be attached hereto, and all other agreements and instruments referred to herein, are hereby incorporated herein by reference, as fully as if copied herein verbatim. £ This Lease shall be governed by the internal laws of the State of California without regard to and excluding its principles of conflicts of laws. g. The parties further agree that upon request, they shall do such further acts and deeds, and shall execute, acknowledge, deliver and record such other documents and instruments, as may be reasonably necessary from time to time to evidence, confirm or carry out the intent and purposes of this Lease. Page 9 of 11 City Council 15 — 11 7/7/2026 It. Unless the context in which used clearly requires another construction, throughout this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the neuter gender shall include the masculine or both, and the singular of terms shall include the plural and vice versa. The section headings are for convenience only and shall not affect the construction hereof. i. If any one or more of the provisions hereof shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the validity or enforceability of any other provision hereof, which shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. The parties intend that if any provision hereof is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. j. Time is of the essence in the performance of each party's respective obligations. k. This Lease may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same instrument, and it shall not be necessary that any single counterpart bear the signatures of all parties. 1. Unless expressly stated to be exclusive, no remedy conferred herein shall be deemed to be exclusive of any other remedy conferred herein or any other remedy now or hereafter available at law or equity. All remedies conferred herein, and all remedies now or hereafter available at law or equity, shall be deemed to be cumulative and not alternative, and may be enforced concurrently or successively. in. All provisions of this Lease shall be construed as covenants and agreements where used in each separate provision hereof and shall bind and inure to the benefit of the parties hereto, their respective heirs, legal representatives, successors and assigns. n. All periods of time shall include Saturdays, Sundays and legal holidays; provided that, if the last day to perform any act or give notice falls on a Saturday, Sunday or legal holiday, then such act or notice shall be timely performed if given on the next succeeding business day. o. Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, and no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the relationship of landlord and tenant. [signature page to follow] Page 10 of 11 City Council 15 — 12 7/7/2026 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM WALSH CONSTRUCTION COMPANY Sonia R. Carvalho City Attorney By: 5DocuSigned by: ., fifm Kyle el�esen By fIE6 A4449F.. Assistant City Attorney Title: Walsh Construction- Program Manager RECOMMENDED FOR APPROVAL odo o PoLau �Roddfo RoM(Jun 23,2026 16:44:47 PDTJ Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency Page 11 of 11 City Council 15 — 13 7/7/2026 EXHIBIT A City Council 15 — 14 7/7/2026 SANTA ANA REGIONAL TRANSPORTATION CENTER WALKWAY/BALCONY 232) �2:'� (-2 E 2_o...i —8) :'FF GE CFFICC Ff1 JrE -FF'_E TE NG Rc:I OPEI W'rK f-E, — 'j CF-CE WALSH CONSTRUCTION COMPANY �OFF CE oFF�E _L WALKWAY/BALCONY 225 24: MAIL AREA LOBBY BALCONY ❑ ElJ ❑ WALKWAY/BALCONY 1 J31 222 RF c:FI'll<IV IJ Vo STAIRS p P\0 203 ED 202EDD OFFICE WORK AREA RECEP. J F LOBBY LROOM 215LOBBY CSTAIRS 'IN AY. :nL F BREAK RM. STPlRS/LOBBY ® 205 II MAIL �D OPEN �D�D� J L D�D� EDD WALKWAY ROTUNDA STORAGE 208 — OPEN WORK REA 207 ED� 212 OPEN WORK REA EDD RESOURCE AREA DD OFFl T 032 216 211 p WOMEN'S RESTRM EDD OFFICE 21 EDD EDD OFFl 209 L J 219 SCALE:1/8" 1'-0" CORKER TRAINING RM. STORAGE = �F} [�( }�Yp STAIRS S E C O 1 L O 1 e 1 oA N 21a I=) L BALcoNY JAN MEWS RE3R2M. 12,563 Sq.Ft.Leasable Space(Approx.) City Council 15 — 15 7/7/2026 EXHIBIT B ADDITIONAL LEASE CONDITIONS • SARTC business hours are seven days a week from 5AM to midnight and there is on-site security 24/7.If tenant needs to access tenant space during non-business hours,they will need to contact the security guard on duty at(714)912-3494. • Tenant must provide SARTC Property Management Office with a point of contact for regular business house and after hours. • Tenant has the ability to terminate with 30-day notice. City Council 15 — 16 7/7/2026 Public Works Agency www.santa-ana.org/pw Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Landscape Maintenance Services for City Parks and Facilities AGENDA TITLE First Amendment to the Agreements with DMS Facility Services, Landscape West Management Services, Inc., Mariposa Landscapes, Inc., and Pacific Coast Horticulturists for Landscape Maintenance Services at City Parks and Facilities (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a First Amendment to the agreement with DMS Facility Services, Landscape West Management Services, Inc, Mariposa Landscapes, Inc., and Pacific Coast Horticulturists to amend the scope of service to provide landscape maintenance to parks and facilities citywide for the remaining term expiring January 31, 2027 and renewal options (Core Agreement No. A-2026-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION On January 16, 2024, at the conclusion of a competitive bidding process, the City Council approved agreements with DMS Facility Services (Exhibit 1), Landscape West Management Services, Inc. (Exhibit 2), Mariposa Landscapes, Inc. (Exhibit 3), and PCA Arborists & Consultants, Inc. dba Pacific Coast Horticulturists (Exhibit 4) to provide landscape maintenance for City parks, the Civic Center, the Santa Ana Zoo, the Santa Ana Stadium, and bicycle trails for a total aggregate amount not to exceed $35,737,920 beginning February 1, 2024, through January 31, 2027, with provisions for two, one- year extensions. Landscape maintenance services are organized into four geographic districts, with First Street and Bristol Street serving as the dividing boundaries. District 1 encompasses the northwest quadrant of the City, District 2 the northeast quadrant, District 3 the southeast quadrant, and District 4 the southwest quadrant. Under the terms of the aggregate agreements, each contractor was assigned responsibility for one or more Districts or designated service areas and facilities as outlined in the table below. City Council 16 - 1 7/7/2026 Landscape Maintenance Services for City Parks and Facilities July 7, 2026 Page 2 Landscape Maintenance Contract Work Assignments DMS Facility Services District 1 & 4 Landscape West Management Services, Inc. Santa Ana Civic Center Mariposa Landscapes, Inc. District 2 & 3 Pacific Coast Horticulturists Santa Ana Zoo Staff has since determined that greater operational efficiency and cost savings could be achieved by allowing landscape maintenance work to be assigned among any of the four contractors citywide, rather than restricting each contractor to their originally assigned service area. This approach would enhance delivery and provide increased flexibility to address changing service demands, contractor availability, and pricing. The proposed amendment is consistent with the scope of the original Request for Proposal, which did not require contractors to be assigned exclusively to specific districts or otherwise restrict the City's ability to allocate work among the awarded contractors. Staff recommends approval of the First Amendment to Agreement No. A-2024-007-01 with DMS Facility Services (Exhibit 5), A-2024-007-02 with Landscape West Management Services, Inc. (Exhibit 6), A-2024-007-03 with Mariposa Landscapes, Inc. (Exhibit 7), and A-2024-007-04 with Pacific Coast Horticulturists (Exhibit 8) which modifies the scope of service to allow all four contractors the ability to provide landscape maintenance services citywide beginning August 1, 2026 through the remainder of the agreement term, including any extensions. The amendments only modifies the scope of service, while the total aggregate contract amount of$35,737,920 remains unchanged. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no quantifiable fiscal impact associated with the proposed amendments. EXHIBIT(S) 1. Agreement A-2024-007-01 with DMS Facility Services 2. Agreement A-2024-007-02 with Landscape West Management Services, Inc. 3. Agreement A-2024-007-03 with Mariposa Landscapes, Inc. 4. Agreement A-2024-007-04 with Pacific Coast Horticulturists 5. First Amendment with DMS Facility Services 6. First Amendment with Landscape West Management Services, Inc. 7. First Amendment with Mariposa Landscapes, Inc. 8. First Amendment with Pacific Coast Horticulturists Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 16 — 2 7/7/2026 INSURANCE ON FILE Exhibit 1 WORK MAY PROCEED UNTI1 INSURANCE EXPIRES A-2024-007-01 (TIO,A-x CITY CLFPV DATE: FEB 2 3 ZW D?a P, AGREEMENT WITH DMS FACILITY SERVICES TO PROVIDE GROUND MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between DMS Facility Services, a California corporation, ("Contractor"), 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. On October 20, 2023 the City issued Request for Proposal No. 23-151 ("RFP"), by which it sought Contractors to provide grounds maintenance services to City parks, bike trails, open spaces, and parking lots with assignment of the varied City districts to be assigned to the selected Contractors A. Contractor submitted a responsive proposal that was amongst one of the four(4)vendors selected by the City.Contractor represents that it is able and willing to provide the services described in the scope of work that was included in the RFP. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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 Contractor 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 Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference for Districts 1 and 4. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. The total aggregate sum for services, provided by all four (4) Contractors selected under RFP 23-151, shall not exceed $35,737,920 for the entire term of this Agreement, including any extension periods exercised by the parties,as detailed below. The annual aggregate amount, available to all the selected Contractors, shall not exceed $7,147,584,which includes a base annual amount of$5,228,320 plus a contingency of $1,919,264 for services to be exercised at the City's sole discretion. Page 1 of 10 City Council 16 — 3 7/7/2026 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 Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the 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 Contractor'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 February 1,2024 for a three(3)year term until January 31, 2027, with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney,unless terminated earlier in accordance with Section 16,below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works" and"maintenance"projects. If the services being performed are part of an applicable "public works"or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor 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 Contractor performs the services which are the subject matter of this Agreement; however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services.Contractor shall pay all salaries and wages,employer's social security unemployment taxes unem to ent insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 Page 2 of 10 1 City Council 16 — 4 7/7/2026 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage 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. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location(ISO CG 25 03 or 25 04)or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code S) and non-owned autos (Code 9), with limit no less than$1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: 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 for bodily injury or disease. • Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and$2,000,000 aggregate per policy period of one year. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Page 3 of 10 City Council 16 — 5 7/7/2026 Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions: Additional.Insured Status The City, its off f officers, officials,employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts,or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance(at least as broad as ISO Form CG 20 10 11 85 or if notavailable,through the addition of both CG 2010,CG 20 26,CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation,but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor 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. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability o.�Insurers P Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.Best's rating of no less than ANII, unless otherwise acceptable to the City. Claims Made Policies (note—should he applicable only to professional liability,see below) If any of the required policies provide claims-made coverage: 1. The Retroactive Date must be shown,and must be before the date of the contract or the beginning of contract work. Page 4 of 10 City Council 16 — 6 7/7/2026 2. Insurance must be maintained and evidence of insurance must be provided for at least five(5)years after completion of the contract 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,the Contractor must purchase "extended reporting" coverage for a minimum of jive (5) years after completion of work. Termcation of Coverage Contractor shall furnish the 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 City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 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. 8. INDEMNIFICATION Contractor 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 Contractor, 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 Contractor 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 Contractor's services are subject to Civil Code Section 2782.8, the above indemnity Page 5 of 10 City Council 16 — 7 7/7/2026 shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness,or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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. Page 6of10 City Council 16 — 8 7/7/2026 13. NON-DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 Contractor 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. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor 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 7 of 10 City Council 16 — 9 7/7/2026 17. 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. 18, 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. 19. PROFESSIONAL LICENSES Contractor 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. Contractor 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. 20. 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 8 of 10 City Council 16 — 10 7/7/2026 P.O. Box 1988 Santa Ana, California 92702 To Contractor: DMS Facility Services Attn. Carole Thorsell,EVP/Risk Management 2861 E. Coronado St. Anaheim, CA 92806 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. 21. 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. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 9 of 10 City Council 16 — 11 7/7/2026 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ennifer L 1 „o. ' Thomas R. Hatch erk Interim City Manager APPROVED AS TO FORM: CONTRACTOR: SONIA R. CARVALHO City Attorney of nathan T.Martinez Loren R Dotts Assistant City Attorney President RECOMMENDED FOR APPROVAL: Nabil Saba,PE Executive Director Public Works Agency Page 10 of 10 City Council 16 — 12 7/7/2026 EXHIBIT A SCOPE OF SERVICES City Council 16 — 13 7/7/2026 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES TABLE OF CONTENTS I. GENERAL MAINTENANCE OPERATIONS A. General Operations 5 B. Specialty/ Sports Areas 6 1. Sand Court Areas 6 2. Hard Surface Areas 7 3. Bicycle Trails/AC Walkways 7 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails 7 5. Parking Lots, Bike Trails, and Roads 7 II. IRRIGATION A. General Information 9 B. Water Management 9 C. Maintenance 11 D. Repair 13 E. Personnel 14 F. Materials 14 III. TURFGRASS A. Maintenance—Overview 16 B. Inspections—Sports/Priority Turf 18 C. Casual Turf 18 D. Sports/Priority Turf 19 E. Renovation Process 21 IV. EDGING AND DETAILING A. General Specifications 23 V. GROUNDCOVER A. General Specifications 24 VI. SHRUBS Clt�l.,&Adil Landscape Maintenapce er�yicps &26 (9) CITY OF SANTA ANA A. General Specifications 26 VII. VINES A. General Specifications 28 VIII. TREES A. General Specifications 29 B. Trees Under 15 Feet 30 IX. LAKE MAINTENANCE A. General Specifications 32 X. PEST CONTROL A. General Specifications 33 B. Procedure 33 XI. WEED CONTROL A. General Specifications 36 B. Weed Control of Hard Surfaces 36 C. Weed Abatement of Fallow or Undeveloped Lands 36 XII. LITTER AND DEBRIS MANAGEMENT A. General Specifications 38 B. Schedule 38 C. Pressure Washing 39 XIII. HOMELESS TASKS /CLEANUP A. General Specifications 40 XIV. DRAINAGE APERTURES A. General Specifications 41 XV. PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 42 XVI. GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 43 XVII. REPORTS AND SCHEDULES A. General Specifications 44 B. Reports 44 City Council 6 ri age 26 (9) CITY OF SANTA ANA C. Schedules 45 XVIII. IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 47 B. Irrigation Schedules 47 XIX. CIVIC CENTER A. General Specifications 48 B. Annual Color Planting and Maintenance Specification at Civic Center 49 C. Vandalism 50 D. Quality of Life Team (QOLT) at Civic Center 50 XX. LAWN BOWLING A. General Specification, Lawn Bowling 53 XXI. CENTENNIAL PARK A. Centennial Park 55 XXII. VACANT LOTS A. Vacant Lots 56 XXIII. SANTA ANA STADIUM A. Santa Ana Stadium 57 XXIV. SANTA ANA ZOO A. Santa Ana Zoo 58 cit�tdN& Landscape Maintenact eir f/ 026 CITY OF SANTA ANA SECTION I GENERAL MAINTENACE OPERATIONS This section establishes overall daily contract requirements that the Contractor shall perform unless otherwise specified in later sections. Other specifications given per section are to be utilized as unexpected situations arise and clarification of service is required. It is Contractor's obligation to fully understand the grounds' landscape specifications. Additionally, for all mulch and compost needs that are necessary for Landscape Maintenance, the City's Refuse Contractor Republic Services shall provide freee mulch and compost for all City projects. For all other mulch and compost that requires the Contractor to procure, the the Contractor shall: • Use Compost and Senate Bill (SB) 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovations, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). • Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the City's Solid Waste Enterprise annually upon request. Information to be provided shall include: o General description of how and where the product was used and applied; o Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; o Quantity and type of each product; and o Invoice or other record demonstrating purchase or procurement A. General Operations 1. All areas shall be inspected daily and be maintained in a neat, clean, and safe condition at all times. 2. All drinking fountains shall be checked weekly and kept clean. Clean is defined as free of standing water, disinfected, free of calcium deposits or other encrustations, well-polished, and with drains/collectors cleaned of silt and debris. 3. All sidewalk areas within maintained areas shall be clean and cleared of debris at all times. 4. All leaves, paper, trash, and debris shall be removed from landscape and hardscape areas daily and disposed of offsite. 5. Trash cans provided by the City shall be emptied daily and washed after emptying when necessary, as determined by the City Representative (CR). All tops/lids shall CI y ouncil Landscape Maintenan enriV? page 1/1 M26 CITY OF SANTA ANA be wiped clean weekly. All missing lids shall be reported immediately. 6. All concrete drains and other surface drains under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow daily. 7. All other drainage facilities shall be cleaned of all vegetation and debris daily, or as necessary. 8. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be immediately made safe and reported to the CR. 9. All barbecue grills, and hot coal containers, shall be emptied of all ashes twice weekly, once on Thursday and once on Sunday mornings. 10. All park benches, picnic tables, play equipment, and band shells shall be steam cleaned or pressure washed per the pressure washing schedule and specifications. Sanitization may vary with use. 11. Reserved picnic sites are a top priority. These sites shall be cleaned and blown by 8:00 a.m. daily, including weekends, holidays, and other times if deemed necessary. Pressure washing will be on a schedule, refer to the pressure washing section, but may require additional pressure washing as determined by CR. 12. The contractor shall spray monthly in all listed areas to control weed growth. 13. The contractor shall check all dog bag dispensers daily, and restock them as necessary. The contractor shall report missing and/or broken dispensers, on the same day, to the CR. The bags shall be provided by the City. 14. All tree limb failures shall be reported to the CR and collected along with any debris within 72 hours. 15. Six-Month Service: a. On January and July of each year the Contractor shall change out old flags and replace them with fresh, new all-weather flags to be provided by the City. Contractor shall follow all flag etiquette regarding the proper care, storage, delivery, and replacement of our American, City, and any other flags. Contractor shall deliver the old and worn flags to the the Park Services Inspector so flags properly folded and cared for. 16. Contractor shall inspect the basketball courts and tennis nets, and replace if required. The City will provide these materials. B. Specialty/Sports Areas 1. Sand Court Areas These areas include tot lots, play areas, volleyball courts, etc. a. All sand areas, including tot lots, shall be cleaned with a basket sand rake to remove leaves and debris and leveled daily. The use of hand- held or backpack blowers or other devices shall not be substituted for raking. b. Sidewalks adjacent to tot lots must be swept or blown daily. Care should be exercised to avoid any patrons using the tot lots. Contractor shall decide when to schedule maintenance activities around their use. cit\Yl.,UuRil Landscape MaintenapreSells Hage �MM26 CITY OF SANTA ANA c. All areas shall be kept free of weeds at all times. d. There shall be no spraying of weeds in sand court areas. e. Areas shall be edged and the turf surrounds maintained. If sand berms accumulate in turf, they must be removed and replaced with sod. f. All sand areas shall be rototilled monthly, at least three (3) weeks apart, to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand (approximately 12"). After rototilling, all areas shall be raked level. g. Sand shall be replenished as necessary to maintain optimum level in each area. Generally, six inches (6") below the top of the concrete curbing is acceptable. However, dependent upon play equipment footing, the final level shall be determined by CR for each area. Sand will be provided by the City but spread and leveled by the Contractor. h. In the event of storms and periods of excessive rainfall, or the sand court areas become flooded resulting in standing water, the Contractor shall remove the water immediately, as directed by the CR. Water shall be discharged to a safe area. 2. Hard Surface Areas These areas include concrete sidewalks, medians, skate parks, tennis courts, handball courts, basketball courts, bicycle trails, asphalt concrete (AC) walkways, and bandshells. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept or blown daily to remove all deposits of silt, sand, glass, and all foreign objects. c. All sports courts, stages, and bandshells shall be power washed per the pressure washing schedule, or as needed. The contractor will work with the CR to determine the schedule. d. Cracks and crevices must be kept free of weeds at all times. e. Sidewalks should be blown daily, reference Section A., General Operations, No.3. 3. Bicycle Trails/AC Walkways Special emphasis shall be placed on chemical edging along these areas to prevent damage to asphalt by vegetation. All such damage shall be repaired at Contractor's sole expense. 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails CI y ouncil an scape Maintenarw ffl ,s Page 1 /2b26 CITY 4F SANTA ANA DG walkways and trails require additional attention to be properly maintained. The two(2) most common conditions are an uneven surface and lack of moisture. Both issues can make the material unstable and sand-like, creating an unsafe surface. a. The integrity of the surface must be kept intact at all times. b. The contractor shall perform daily inspections of DG surfaces. c. Borders of DG areas shall be kept in proper repair and well-defined at all times. d. DG areas shall be kept free of weeds at all times. e. Monthly maintenance of DG areas shall be according to industry standards. f. Contractor shall immediately repair any DG areas where holes or ruts are apparent, or where the surface becomes uneven. g. Materials will be supplied by the City to maintain the integrity of the product. 5. Parking Lots, Bike Trails, and Roads These areas include parking lots and roads located within the boundaries of the parks, or areas directly adjacent to parks, and whose primary purpose is to provide vehicle parking for patrons. Street parking areas that are not meant specifically for park users will not be included in this section.Areas in doubt should be clarified with the CR. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept, blown, and/or vacuumed weekly to remove all debris and deposits of silt and/or sand and glass. c. Cracks and crevices shall be kept free of weeds at all times. d. Illegally dumped foreign substances, such as motor oil, shall be properly cleaned immediately. CItf F(!2b-'- II Landscape Maintena9%Sern'T Page /t/ 26 � CITY OF SANTA ANA SECTION II IRRIGATION The irrigation system consists of all components from the outflow side of the meter. The Contractor shall control the irrigation programming components with the coordination of the CR, while the CR will control those components operated by the central programming software Calsense. All manual control systems shall be directly overseen weekly, and in a manner, which allows the irrigation specification to be completed. Contractor shall employ a certified irrigation specialist per district, Zoo, and Civic Center. A. General Information Water management within the City landscape maintenance areas is guided by the following parameters: 1. Application of water to landscape plants at a rate closely matching the demands of plant material; 2. Minimizing runoff; 3. Water conservation and plant health are given equal consideration; 4. Roadway condition and safety; 5. Safe surfaces for community use; 6. Water budget; and 7. Plant health. B. Water Management Water conservation is a top priority for the City and shall be incorporated into all irrigation programming. The irrigation schedule is dynamic and regularly needs to be altered to meet the needs of the City landscape. CR shall determine the schedule and Contractor shall program the controllers to meet this schedule. Landscape irrigation is currently being switched to Calsense Central Control. It is intended that the City will perform water management responsibilities within the central control system. 1. City of Santa Ana irrigation system includes: a. Battery controllers (Hunter Nodes) in valve boxes b. Non-centrally controlled manual clocks c. Hydraulic valves d. Thermal valves e. Quick coupler systems f. Electric valves g. Solar-powered controllers (Left) City Council 16 — 21 Mb26 � 1 CITY OF SANTA ANA 2. Controller programs shall incorporate the following: a. Calsense Central Control software shall be exclusively utilized for all controllers with available connections. Field checks shall be required to verify the success of programming as it applies to a specific location. Field checks will be the responsibility of the Contractor, who will report to CR. b. Water must be conserved while meeting the needs of the plant material. c. The City of Santa Ana Water Department (SAWD) management requirements shall be followed unless the CR approves an alternate schedule. d. Contractor shall avoid weekend watering unless approved by CR. e. Contractor shall water deeply and infrequently for all tree and shrub applications. f. Contractor shall utilize cycle/soak principles to encourage deep rooting of all plant material, especially turf. g. Evapotranspiration (ET) rates shall be utilized when considering programming. h. Contractor shall minimize runoff onto streets, sidewalks, and other non-target areas. i. Contractor shall provide sufficient time for the soil to dry out between irrigations. j. Contractor shall maximize community use of City property. k. Contractor will alter the irrigation programming to accommodate the field renovations to promote seed germination and establishment. 3. Irrigation systems shall be programmed to water between 10:00 A.M. and 6:00 P.M. (Monday- Friday) unless otherwise approved by the CR. 4. Contractor shall be responsible for programming all controllers(light energized Irrigation Technology, field controllers, battery-operated controllers, manual systems) not integrated into the central control system. 5. Program changes for the manual (non-centralized) controllers shall be done the same day of notification by the CR and changed per CR specification. 6. Verification of the updated irrigation schedule shall be the responsibility of the CR. The contractor shall work with the CR to ensure all programming changes have been entered and verified on the electronic programming log. 7. Contractor shall set and maintain the programming for the manual irrigation controllers to meet the criteria as stated above. The City reserves the right to inspect and monitor those settings and make recommendations to the Contractor. In case of a dispute, the CR will make the final determination. Any discussion of this type shall be recorded by the Park Inspectors on the work order form and kept on file. 8. In the event that any of the components of the irrigation system fail to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas in the worksite at no extra cost to the City. 9. The controller program shall be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with the established Irrigation Association (IA), Metropolitan Water District (MWD), and Santa Ana Water Department (SAWD) guidelines recognized throughout the industry. City ouncil 16 — 22 7/7/2026 CITY OF SANTA ANA 10. Any damage created by improper irrigation practices or neglect shall be the responsibility of the Contractor to correct, at sole cost to the Contractor. 11. No watering shall occur during the daylight hours unless associated with a repair, audit, manual system operation, or an alternate schedule is approved by the CR. 12. The operation of manual irrigation systems shall occur daily, Sunday through Monday, between 6:00 A.M. to 6:00 P.M. 13. All program changes shall be recorded on the electronic Irrigation Controller Program Log by Contractor. 14. City shall compare water meter readings to ensure that there is no excessive water use in any of the Contract areas. Contractor must meet with the CR to review these reports as necessary, or as directed by the CR. 15. Contractor shall turn off programmed irrigation systems immediately during periods when extreme rainfall exists or is predicted, and other times when suspension of irrigation is desirable to conserve water, as directed/approved by the CR. 16. Any time the irrigation system(s) are shut down for any reason, Contractor shall notify the CR immediately. Once CR acknowledges the necessity to turn on the water once again, controller activation shall begin within five (5) working days. 17. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for the greatest potential runoff. C. Maintenance 1. Contractor shall diagnose, maintain, and repair all irrigation components downstream of the remote control valve (RCV). The Contractor SHALL be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no additional cost to the City. Contractor will repair or assist in repairs for components downstream of the meter through Additional Extra Work (AEW). 2. Irrigation maintenance shall include, but not be limited to operation of the system, adjustments, repairs, modifications, improvements, testing, analysis, and other work as required. Some examples of regular maintenance include the function of electrical systems, backflows, controllers, valves, head alignment and spacing, and wiring operation. a. Components include but are not limited to irrigation controller, remote control valves, main and lateral lines, fittings, risers, sprinkler heads, quick couplers, drip systems (subsurface and surface), master valves, flow sensors,valve boxes,fertilizer injector systems, and tree watering systems. 3. All areas shall be irrigated to maintain specified growth and appearance determined by CR. 4. Handsets (Calsense, LEIT) may be required to operate the controllers. These will be supplied at Contractor's expense. 5. Proper alignment (vertical straightness, operational height of nozzle) will require raising/lowering/leveling of the sprinklers and shall be done at Contractor's sole expense. 6. Plants blocking the sprinkler pattern will require the technician to mark the plant material with paint and coordinate the trimming/removal with the CR. City Council 16 — 23 7/7/2026 CITY OF SANTA ANA 7. Automatic controllers and/or enclosures shall be locked while unattended. Locks are initially supplied by the City, if lost or reckless the Contractor is responsible to replace with same or higher quality locks at their expense. City will replace worn or deteriorating locks. 8. All enclosures, including valve, controller, booster pump, etc., shall be kept free of all insects, rodents, and rust. Damage caused by insects, rodents, or rusting shall be repaired within five (5) calendar days at Contractor's expense. 9. All drip line valve filters shall be cleaned twice per year in February and November of every year. 10. All subsurface apertures shall have permanent lids affixed at all times and shall be kept free of overgrowth. Apertures include valve boxes, controllers,electrical and cable boxes, manholes, and backflow,devices. 11. Weekly Priority/Sports Turf irrigation audits shall be completed and electronically submitted to CR. 12. Should the CR be called upon to diagnose an irrigation problem that is Contractor's responsibility, the City's labor and material costs incurred will be deducted from the monthly payment to the Contractor. 13. All irrigation evaluation work requires a notification sign to be present for the duration of the work. 14. All sprinkler heads and emitters shall be adjusted to maintain proper coverage to ensure adequate flow. Adjustments shall include, but not be limited to actual adjustments to heads; cleaning and flushing heads, nozzles, lines, and screens; and removal of obstructions. 15. All irrigation systems shall be tested and inspected a minimum of one(1)time per calendar year quarter(Jan-Mar, Apr-Jun, Jul-Sep, Oct-Dec), regardless of controller type, and an electronic audit form shall be used to submit the results to CR quarterly by the 10th day of the month following that period (e.g., April 10th, July 10th, October 10th, and January 10th). Any requested changes shall be submitted for approval before implementation. a. An exception to the aforementioned is any battery-operated valve, which shall be inspected two (2) times per year. D. Repair 1. Contractor shall continually monitor and perform any necessary repairs from the outflow side of the meter. 2. City will provide materials to replace the RCVs and mainlines, see Section 2.6, Materials for the process. 3. The Contractor shall be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no extra cost to the City. Contractor shall make repairs to the satisfaction of the Director's Representative (DR). Contractor shall make repairs within 24 hours of being on notice of deficiencies to the lateral lines and/or rotors/heads. 4. Contractor shall contact the CR regarding structural failures after the meter (e.g. City ouncil 16 — 24 7/7/2026 CITY OF SANTA ANA backflows, main and lateral lines, valves, central control, etc.) within twelve (12) hours of occurrence. Repairs requiring additional funds shall be proposed within 24 hours by contacting the CR. 5. All damage resulting from Contractor's operations shall be repaired or replaced before the end of the workday at the Contractor's sole expense. 6. All third-party damage or other needed repairs shall be completed by the Contractor, as indicated in the Specifications, and paid for by the City on a cost-per-repair basis. Repairs to the irrigation system shall be completed within 24 hours of approval by the CR on any component damage, including, but not limited to, broken irrigation lines and tubing, defective or broken valves, sprinkler heads, emitters, sprinkler head relocations, and other modifications as necessary. 7. If not able to make irrigation repairs in a timely manner, Contractor shall be responsible for watering all areas manually. 8. In addition to quarterly testing, all irrigation systems shall be tested and inspected daily if necessary, when damage or malfunction is suspected, observed or reported. a. Contractor shall repair malfunctioning controllers, quick couplers, manual or automatic valves, and sprinkler heads within twelve(12)hours of receipt of the verbal or written notice unless the field condition does not allow or per the direction of the CIT (City Irrigation Technician). b. Contractor shall correct deficient or irregular irrigation systems and equipment as necessary following verbal notification from the CR. c. Irrigation checks must be done immediately if plants begin to wilt, defoliate or change color. 9. All Sports/Priority Turf irrigation repairs shall be made within four (4) hours of approval by the CR. 10. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment will be made by the City nor billed by Contractor for repairs on equipment covered by the warranty. 11. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in irrigation frequency. Costs will be determined from comparisons of usage with historical usage for the same time period and be presented to the Contractor for review before deduction of payment. E. Personnel Contractor shall provide dedicated irrigation a personnel to the Contract Area, District 1, District 2, District 3, District 4, Civic Center, and the Zoo; whose primary and sole function shall be to properly operate, monitor and maintain the irrigation system within the listed Contract Areas Personnel shall be: 1. Fully trained and knowledgeable in all phases of the landscape irrigation system, including central control, site controllers, component maintenance, repair, and adjustment, and familiarity with all brands and models of irrigation equipment used within the City; 2. Personnell shall be knowledgeable of and proficient in current water management City Council 6 N age 26 � concepts; CITY OF SANTA ANA 3. Capable of performing irrigation audits and providing a report; 4. Capable of taking direction from several City personnel, but particularly accountable to the City Irrigation Technician and the area gardener; and 5. Capable of verbal and written communication in a professional level of English. F. Materials The City shall supply irrigaton materials and supplies. However, there will be occasions when a repair is necessary and the City is out of inventory. In these cases, Contractor shall be required to supply the materials. Contractor is responsible for repairs, including but not limited to, irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems' remote-control valves (RCVs) at no extra cost to the City. 1. City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises this option, the following conditions will apply: a. All City purchases will be for the sole use of and for the City. b. Contractor shall secure and store inventory, distribute and control all material entrusted to its representatives. All materials and inventories shall be made available to the City upon request. c. All material given to the Contractor shall be inventoried by location using the electronic work order system. The replaced part shall be returned to the City to remove the replacement part from the outstanding inventory. 2. All replacement materials shall be original types and models unless a CR approves a substitute. 3. Contractor shall maintain, at no additional cost to the City, an adequate inventory of medium-to high-usage stock items to repair the irrigation systems. 4. Contractor shall implement repairs under all warranties. 5. All invoices, AEW, shall state labor and material costs. 6. The actual cost of all materials passed onto the City shall include the following: a. Wholesale cost (retail costs minus Contractor's discount) b. Applicable sales tax c. A markup of 10% maximum for all overhead costs and profits 7. The wholesale cost shall be the actual cost paid by Contractor reflecting the best price, including any discount given to Contractor(written receipt submitted with billing) 8. At no time shall the cost of materials exceed the retail cost from the current price list, minus any discounts. City ouncil a — 26 7/ f626 (9) CITY OF SANTA ANA The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.)when determining satisfactory results of landscape maintenance. City Council 16 — 27 7/7/2 26 CITY OF SANTA ANA SECTION III TURFGRASS The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level,with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. A. Maintenance—Overview Turf care shall be differentiated by the two (2) types of turf -"Casual" and "Sports/Priority" Turf. When the word "Turf' is not preceded by the word "General" or the word "Sports/Priority," it applies to both types of turf. 1. Casual Turf Mowing All "casual" turf(non-sport/priority turf) shall be mowed every other week, from October 31 st to February 28th of each year. "Casual" turf shall be mowed each week from March 1 st to November 1 st of each year. Each year the DR will select the dates in mid-November and mid-March when the Contractor shall transition from every other week mowing to once-a-week mowing. The Contractor shall use Kubota L5060 tractors, or approved equal, equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69"wide and Trimax ProCutS3-178 69" rotary, or approved equal, detail mowers for areas between trees and other park amenities. The DR shall determine the height of the cut. 2. Sport/Priority Turf Mowing All "priority" turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2"- 3/4" unless approved by CR. To achieve a quality cut at this height and not leave clippings, the Contractor will perform a first cut using a rotary mower with clipping catching capability, followed by using a Kubota L5060 tractor equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mower, an approved fairway or greens mower for medium size areas and a walk behind Jacobsen Eclipse2 reel mower for small areas. Note that the Contractor shall perform quality sports turf mowing and detailing to the DR satisfaction regardless of the equipment and methods the Contractor uses. The DR shall direct the Contractor to mow the priority turf lower than 1/2", if necessary. Note that the Ball Diamond Infield Maintenance Contractor shall be responsible for mowing turf infields, including foul territory turf areas, 36" beyond the skinned infield arc, and other designated ball diamond turf areas. Infield maintenance shall not be a part of this agreement. 1. The contractor shall maintain mowers that provide a smooth,even cut without ridges or depression and without tearing off the leaf blades; including sharp blades on all mowers. 2. All factory safety equipment must be fully operational. 3. The mowing schedule may be altered due to weather and/or other conditions upon approval from the CR. 4. Mowing shall be completed during one (1) single-day operation per given area. 5. The contractor shall not mow areas where the soil is over-saturated. 6. All litter shall be removed from the turf before each mowing. tandr.ape,f9laintename Be Vices City ouncil 16 — 28 7/7/2026 CITY OF SANTA ANA 7. Mowing shall be performed at the speed the mower's manufacturer specifies to maximize the quality of the cut. The emphasis shall be on quality mowing vs. speed and unprofessional patterns. 8. Mulching mowers shall be used to mow General Turf grass areas. Recycling blades and/or recycling decks shall be used in all areas where grass clippings will not be picked up. 9. Excessive clipping debris, as determined by the CR, shall be removed and disposed of offsite at the Contractor's expense. 10. String trimmers shall not be used for mowing turf. 11. Turf shall be mechanically trimmed with a grounded blade edger at the same time as mowing during the seasonal mowing cycle (twice per month in winter, once per week in summer). 12. The areas requiring edging shall include all hardscapes adjacent to turf, including sidewalks, curbing, planters, grave markers, historical plaques and markers, and other concrete entities, asphalt, concrete, paved areas, and DG. 13. All edging shall be done in a way as to not damage any hardscape entities. 14. Other fixtures such as but not limited to valve boxes, utility boxes, cleanouts, drains, signs posts, poles, benches,tables,and building foundations can be edged with the use of string trimmers, once an edging pattern has been properly established using an edger or sharpened shovel. Should the edged area begin to deform, CR shall direct the Contractor to repeat the detail process. 15. Property damaged by string trimmers or mowers shall be replaced/repaired immediately. 16. Sidewalks and other hard surfaces shall be properly cleaned after each edging, including grass stains or marks from the mowing process. 17. Trimming of grass around trees or planter beds in the turf area (12 to 24-inch distance from the object) shall be performed during the seasonal mowing cycle in such a manner as to avoid damage to the plants. a. Chemical edging and trim pattern establishment using a blade edger shall be completed when grass encroachment is within six (6) inches of the trunk or planter bed. 18. Any mechanical damage to tree trunks which is considered Contractor neglect shall result in a replacement planting, at the discretion of the CR. 19. Refurbishment of damaged turf due to Contractor negligence, including poor irrigation management, irregular turf evaluation intervals, and/or Contractor error shall be completed within seven (7) days of discovery and notation. 20. Turf shall be maintained within 6-12 inches of all appurtenances (e.g. walls, fences, transformers, etc.) 21. Detail lines shall be made straight and shall be maintained straight. 22. The contractor shall fill all divots, depressions, and uneven areas with sand, as directed by the CR. 23. The City reserves the right to require the Contractor to apply plant dye on specified plant material within 24 hours of notification to the landscape that has been stressed due to the Contractor's neglect. The dye will be applied at no additional cost to the City. Lanusuape City Council 6 Np age 26 (9) CITY OF SANTA ANA B. Inspections—Sports/Priority Turf The contractor shall inspect the sports fields or play areas daily. 1. All sports fields shall be kept at a level grade to provide a uniform height of turfgrass, by topdressing low places with clean sand. a. Depressions over 1" in depth, which lack turfgrass cover, shall be filled with weed-free soil to the existing grade. Rototilling may be prescribed by a CR. 2. The contractor shall inspect the sports fields or play areas for proper water drainage away from the playing surface. If drainage is not evident, irrigation programming in the affected area shall be required to prevent landscape failure. The contractor shall contact the CR for the proper irrigation management strategy, which shall be programmed within 24 hours. 3. The contractor shall inspect the sports fields or play areas for hazardous holes or depressions that may cause a player to trip. Those found shall be filled as directed in Section 3.2.1.an above. 4. The contractor shall remove stones and other debris that may interfere with play or cause injury. 5. The contractor shall inspect the sports fields or play areas to see that the soil absorbs irrigation and rain rapidly enough to provide reasonably good footing on the surface of the area. If improvement is indicated by the CR, Contractor shall contact the CR for direction. 6. The contractor shall inspect the sports fields or play areas to see if the turf surface is being irrigated evenly with a reasonable amount of water. Irrigation programming for Sports/Priority Turf is at the highest tier(Tier One—Turf Irrigation Reduction Priority Key). C. Casual Turf The scope of work for General Turf includes the following: 1. The mowing schedule shall be once per week from March 1 to October 31 and once every other week from November 1 to February 28, Monday through Friday of each week specified. 2. Not more than 1/3rd of the total leaf length shall be removed per mowing. 3. Mowing shall be completed in one (1) operation. 4. Turf shall be aerified a minimum of one (1) time annually in March using a solid tine aerator to a minimum depth of three (3) inches. 5. Casual Turf shall be renovated-overseeded one time per year, April through May. All seed quantities and types specified with either Kikuya or Marathon fescus shall be verified by the DR prior to any applications. The process for renovation-overseeding shall be as follows: 6. The turf shall be flailed down to W. All turf clippings shall be removed. 7. The contractor shall flag/mark all irrigation and site amenities and shall avoid hitting/damaging them with the aeration equipment. Any damage caused to the irrigation or other site amenities shall be repaired/replaced at the Contractors' expense. 8. The contractor shall coordinate with the CR to irrigate the causal turf to allow greater penetration for the aerator. City ouncil an — 3 7/7&26 CITY OF SANTA ANA 9. The turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). Contractor shall make two- passes in different directions per the DRs direction. 10. Contractor shall coordinate with the CR to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. 11. Once the CR verifies that the irrigation system is working efficiently, the Contractor shall overseed the turf using Stover Seed Company's AZ-1 Kikuyugrass or Marathon Fescus at a rate of 30 pounds per acre. During the germination period, the Contractor shall assume responsibility for programming the irrigation controller(s) to assure 100% germination of seed. 12. Immediately after overseeding the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed. 13. The intent of overseeding is to have 100 percent turf coverage, re-seeding in bare spots shall include seed topper. 14. Cutting height shall be 2-2.5 inches, with final determination to be made by the CR. D. Sports/Priority Turf The Sports and Priority fields to be considered for this section are listed in Appendix II.This list is dynamic and will have fields added and removed periodically. The scope of work for Sports and Priority Turf includes the following: 1. Contractor shall mow once per week, all year. a. This may require mowing athletic fields when the rest of the park is not being mowed. 2. Contractor shall vary the height of cut depending upon the season, grass type, and growing conditions. The specific cut will be determined seasonally by the CR, but shall not be altered once the height has been determined for the season. a. Mowing height for warm season turf shall be .5-1.5 inches, with the CR guiding cutting height depending on the machines used. 3. Sports/Priority Turf in this Contract shall be mowed using a power-driven fairway reel mower or fine cut rotary mower. The quality of the cut will be determined by the CR and changes may be required if minimum standards still need to be met. 4. The mowers shall be maintained and sharpened to provide a smooth, even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions. 5. Contractor shall perform alternate mowing patterns to prevent wheel ruts. If ruts are made, the Contractor shall make repairs at its sole expense. a. Repairs for deep ruts may include sod-cutting of damaged areas, leveling of subsurface soil, and replacement of sod. b. Field may be taken out of play due to rutting, and the deductions for lost time shall be subtracted from the monthly payment to the Contractor. 6. Sports Fields Overseeding shall be renovated-overseeded each year per the Sports Annual City Council 1 enn e age b26 CITY OF SANTA ANA Schedule. The DR shall verify all seed quantities and types specified in the contract before any applications. The process for renovation-overseeding shall be as follows: 7. Renovation downtime schedules effectively take the Sports Turf area out of service for several weeks (the schedule to be determined by the CR for a duration of 10 weeks). The goal of this period is to restore worn and damaged turf. This renovation procedure includes core aerification, fertilization, seeding, and grade restoration. These procedures shall be included in the cost proposal. A typical renovation includes: 8. The contractor shall install a 6' high temporary construction fence with stands around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeded in accordance with the park map depicting the sport/priority turf areas. Perimeter fencing shall be placed at the direction of the CR to avoid sprinkler damage and provide 100 percent water coverage. See aerial maps of sports field locations. 9. Turf shall be mowed down to W-1/2 ", or determined by CR. All turf clippings shall be removed. 10. Turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). The contractor shall make two passes in different directions per the DRs direction. 11. Turf shall then be vertical using the Kubota L5060 tractor equipped with turf-type tires and the Trilo VCU 200 Verticut implement. Following verticutting all turf clippings shall be removed. 12. The contractor shall coordinate with the CR to confirm that all irrigation has been tested and restored to original design specifications before overseeding. 13. Immediately after overseeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. 14. Once the CR verifies the irrigation system is working efficiently, the Contractor shall overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 65 pounds per acre; and, b) Stover Seed Company's Pro Sportsfield Supreme in the spring/summer at a rate of 65 pounds per acre. The contractor shall overseed all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 15. Immediately after overseeding the Contractor shall apply'/4" minus STA-approved compost topper from R&S Soils to all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 16. Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize the germination of seed. Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming. 17. Plugs/cores shall be removed, or broken up (drag mat, mower) and spread over the Turf area being treated, at the time of aeration, to the satisfaction of the CR. 18. Flags identifying irrigation shall be removed by Contractor immediately after aerification. 19. City-supplied signs indicating a field renovation is in progress shall be posted. 20. The contractor shall secure all the seed materials at the beginning of the season in CityRUo2Ur PlI Lanascape maintenalle1775 7/7/2026 (9) CITY OF SANTA ANA advance to avoid shortages or'but of stock" scenarios. E. Renovation Process Shall have the CR, unless approved otherwise, during the rennovation process: 1. Day 1 a. Irrigation audit, ensure coverage and adjust sprinklers heads to 1/2:" below grade. b. Aeration (the Kubota L5060 tractor equipped with turf-type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal)) 2. Day 2 a. Scalping and vertical cutting. b. Following verticutting all turf clippings shall be removed. 3. Day 3 a. Apply seed and drag-in to level surface, coordinate with CR to verify seed type and quanitites b. Immediately after over-seeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. c. Apply light topper dresser(apply '/4' minus STA-approved compost topper from R&S Soils) 4. Day 4 a. Coordinate with CR for the watering program 5. Day 5 -Completion a. Inspect daily and monitor germination. In the last two (2) weeks of the rennovation period, the mowing shall be done in intervals. City &6'n'dI n scape maintenanW ervJ Page / 6b26 SECTION IV EDGING & DETAILING A. General Specifications 1. All edging shall be performed with the use of a gas-powered blade edger or CR-approved substitute. Stick edgers shall not be used. 2. Chemical edging is allowed along edges such as trees, fence lines, curbs, etc., as directed by the CR. The contractor shall not use chemical edging in areas not authorized by the CR. 3. If chemical detailing is performed, the Contractor shall use a string trimmer to remove the treated vegetation within one (1) week after symptoms of phytotoxicity become recognizable. a. Plants (i.e. trees, shrubs, groundcovers, annuals) with noted phytotoxic damage from an herbicide edging treatment shall be removed within one (1) week of observation and replaced with like-sized plants. 4. The contractor shall detail turf no further than 12 inches away from all hard surfaces, including walls,fences, curb lines, roadways, pathways, and landscape surfaces(e.g.trees, shrubs, beds, etc.). a. Detail lines shall be made straight and shall be maintained straight. 5. The contractor shall supply, at Contractor's own expense, replacement plants to reduce any existing bare soil areas along walls and fences that are wider than 12 inches that have been caused by the Contractor's neglect. 6. Edging/detailing shalt be performed at the same time mowing occurs. 7. All edging/detailing shall be performed with the use of a McClain's edger or an approved substitute walk-behind or fixed blade stick edger. The contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. 8. The Contractor shall detail around trees, along wallstfences, and other amenities first using a sharpened shovel cut to establish a concentric round circle around trees,poles,etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform, the Park Services Inspector Supervisor shall direct the Contractor to repeat the detail process. Shovel-cut detailing shall be repeated as often as necessary to maintain crisp evenly round/straight lines. In the event that the circle becomes too great, the DR shall direct the Contractor to sod the area around the tree at the Contractor's expense to the size instructed by the Parks Services Inspector Supervisor. Clty o'l 9 11 Lanciscape am enaTe eIT 7 7/2026 SECTION V GROUND COVER The City's goal is to encourage the proper care and growth of groundcovers, maintained within the confines of their growing areas, free of weeds and without a prevalence of bare spots or unhealthy plant material, Groundcover beds should create a natural, pleasing appearance in all areas. A. General Specifications 1. Groundcovers shall be pruned and maintained according to accepted industry practices and consistent with the intended use. 2. Groundcovers adjacent to hardscape such as sidewalks, walkways, playgrounds, sport courts and parking lots shall be edged weekly in one (1) operation with the turf edging. 3. In locations where turf is not present(i.e. parks, medians, empty lots), groundcovers shall be edged monthly, or as determined by the CR, to present a clean and neat appearance and to keep the plant material from impeding foot traffic. Care shall be taken not to expose bare soil. 4. Edged ground cover will not be allowed to develop a build-up with a sheared face along the sidewalk or curb edges. Groundcover height shall not exceed six (6) inches without a beveled edge (i.e. leaning edge even with sidewalk with lower edge angled inward). 5. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all ground cover beds. 6. Plant material damaged by Contractor-applied herbicides shall be replaced at Contractor's expense. 7. The use of pre-emergent is strongly recommended in areas with overhead irrigation. In some instances, weeds may be removed by mechanical means as approved by the CR. Pre-emergent herbicide cost shall be included in the cost proposal 8. The contractor shall keep groundcover trimmed back 6-12 inches from all controller units, irrigation heads, valve boxes, quick couplers, up-lighting, or other appurtenances or fixtures. 9. The contractor shall not allow groundcovers to grow up trees, into shrubs, or on structures or walls. The contractor shall keep groundcovers trimmed back approximately 6-12 inches from structures or walls. 10. Any paper or litter that accumulates in ground cover areas shall be picked up daily. 11. Mulch shall be applied to all planting areas two (2)times per year, once in the spring (Apr- Jun), and again in the fall (Sep-Nov). 12. Bare soil areas in ground cover beds shall be replanted or mulched as required. The Contractor shall apply US Composting Council STA-tested approved mulch 3"- 4" minus by 2" thick. a. No bare soil areas are permitted in the ground cover areas. All bare soil areas shall be cultivated to 6" deep weekly while awaiting fresh mulch. 13. Ailing and/or stunted groundcover which fails to meet expected growth shall receive additional nutrient treatments to correct deficiencies or shall be replaced by Contractor at CI y ouncil Landscape anenan ery �s PageI�PPM26 its expense. If groundcover failure is determined to be due to improper treatment and/or neglect by the Contractor, replacement shall be performed at Contractor's expense within five (5)working days. B. Mulching of Bare Areas 1. In all shrub areas where bare soil is visible, the Contractor shall apply US Composting Council STA tested and approved compost mulch W-4" minus by 2" thick minimum twice per year(third week of January and July) and as necessary to maintain uniform and complete coverage. leaf litter and other organic materials other than mulch shall be removed continuously. a. All bare soil areas shall be cultivated to 6"deep on a weekly basis while awaiting fresh mulch. Clt\Tra-l iI Landscape MaIntenRIV beVS Vage 26 SECTION A SHRUBS The primary objective for maintaining shrubs and other plant material within the City's landscape is to create a natural, aesthetically pleasing appearance throughout all areas. Shrubs to include and not limited to cacti and succulents and other plant material shall be pruned only to allow new growth to develop within the confines of planters and beds and should have soft rounded edges in most applications.The use of powered equipment must be approved before use. A. General Specifications 1. Shrubs shall be pruned quarterly, or as required, for safety, removal of broken or diseased branches, general containment, and appearance. 2. Shrubs shall be pruned, as required, to ensure vehicular and pedestrian visibility and clearance. 3. All bare ground shrub areas, not inter-planted with ground cover, shall be cleaned a minimum of one (1) time per month. Cleaning shall be accomplished without removing significant amounts of any present mulch. 4. Plant material encroaching onto or from City property shall be trimmed back to the property line. At City's discretion, depending on circumstance, plants growing over fences and sidewalks from private property adjacent to contracted areas will also be trimmed back to the property line. 5. All gasoline-powered equipment used for pruning shrubs shall be approved by the CR. 6. Ailing, stunted, and/or dead shrubs, as a result of circumstances beyond the Contractor's control, shall require a proposal for replacement within five (5) working days and shall be restored within one (1)week of obtaining a signed proposal for Supplemental Work. 7. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients, at no additional cost to the City, within five (5) working days of discovery. 8. Shrub failure due to Contractor's neglect or improper treatment shall be replaced, at Contractor's sole expense, with like-kind and -sized plants, within five (5)working days. 9. The contractor shall prune shrubs according to accepted industry practices and consistent with the intended use, as well as to retain as much of the natural informal appearance as possible. Final standards will be the decision of the CR. a. For accepted industry practices, the Contractor shall refer to the AHS Standards'Pruning and Training' manual, latest edition. b. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance. c. The contractor shall remove any spent blossoms or dead flower stalks as required for a neat, clean appearance. d. Shrubs and mounding shall not exceed two(2)feet in height within areas required for vehicular sight distance, depending on roadway topography. 10. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all shrub beds. The use of pre-emergent is strongly recommended and will be at Contractor's expense. In some instances, weeds may be removed by mechanical means as approved by the CR. 11. Any paper or litter that accumulates in shrub bed areas shall be picked up daily. City Council 16 — 37 7 F2026 12. Mulch shall be applied to all shrub/planter bed areas, including medians, two (2) times per year, once in the spring (Apr-Jun), and again in the fall(Sep-Nov).See mulch specifications Section V, Letter B, Mulching of bare areas. 13. "Box hedging" may be required on some shrubs, as designated by the CR. Shear hedging or severe pruning/trimming of plants, unless authorized by the CR, shall not be permitted. 14. Topping of plants whose natural growth stems from the base of the plant shall not be permitted. 15. The contractor may occasionally be requested to raise the bottom of the shrubs for security reasons. 16. All shrubs without ground cover shall be mulched. No bare ground areas shall be acceptable. City ouncil 16 — 38 7/7/2026 SECTION VII VINES Vines shall be encouraged to grow and flourish by continually maintaining proper care in accordance with AHS Standards. A. General Specifications 1. Vines and espalier plants shall be checked and removed as needed to allow for proper growth. The contractor shall secure vines with appropriate ties to promote directional growth on supports. The contractor shall not use nails to secure vines on masonry walls. 2. Pruning of vines shall be in accordance with good horticultural practices, as defined by the AHS Standards `Pruning and Training' manual, latest edition. 3. Vines shall be pruned only to allow for new growth to develop and to control/direct plant size. 4. No more than 113rd of the vines should be pruned at any given time unless directed by the CR. 5. The contractor shall have deep water vines in pockets not provided with sprinklers, as required to promote optimum growth. 6. Weed control shall be applied monthly to control all emergent weeds. In some instances,weeds may be removed by mechanical means as approved by the CR. a. The use of pre-emergent is strongly recommended to control broadleaf and grassy weeds. 7. Any paper or litter that accumulates in vines and surrounding areas shall be picked up daily. 8. Mulch shall be applied to all planting areas two (2) times per year, as necessary, once in the spring (Apr-Jun), and again in the fall (Sep-Nov). 9. Vines shall not be allowed to grow past the designated area. All areas explored by the vine outside of the planting area shall be removed at the Contractor's expense. Any structural damage done by excessive vine growth shall be restored within one (1) week at Contractor's expense. CityOUnCII an scape ain enanft ervjg Page 5,26 SECTION VIII TREES It is essential for the City to continue to develop and maintain an urban forest within its parks and backup areas. The contractor shall prune trees to comply with ISA standards and maintain their characteristic shape, density, and texture. The center of gravity, or location of the mass,pertree,is close to the center and close to the ground, enabling the trees to withstand strong winds. Thus, the Contractor shall not thin or "lace out" dense foliage, except for outside branches. The Contract will include a large number of newly-planted trees and reforested areas. Tree pruning specifications for all trees over 15 feet are covered under a separate tree maintenance contract, except for the requirements to raise trees for clearance. A. General Specifications 1. The contractor shall raise all trees, as required, to allow twelve-foot(12') clearance within park boundaries and fifteen-foot(15') clearance above road surfaces for vehicular traffic. 2. All trees shall be pruned as required to remove broken, crowned, dead, hazardous, and infested portions for safety reasons. 3. The CR shall be informed immediately of any hazardous trees. 4. All pruning shall be done by the use of proper tools, per ISA Standards, and disinfected after each tree is pruned to prevent the spread of disease and pathogens from one tree to another. 5. Topping trees shall not be permitted. Any pruning shall be done by those experienced and skilled in pruning techniques. 6. All cuts shall be done using proper horticultural practices. Dressing wounds is not allowed. 7. Tree stakes,ties, and guys shall be checked and corrected or replaced as needed and removed when no longer needed. 8. Ties shall be adjusted to prevent girdling. 9. Under no circumstances shall stripping of lower branches (raising up) of young trees be permitted. lower branches shall be retained in a"tipped back" or pinched condition with as much foliage as possible to promote caliper-retained growth (tapered trunk). The contractor shall contact the CR with any questions or concerns. 10. Downed tree debris, of all sizes, shall be cut up and removed within 48 hours of discovery. The contractor shall be responsible for chipping and green waste disposal. 11. Newly planted trees, either by the Contractor or the City, shall become the responsibility of the Contractor if they fall within the height specification. B. Trees Under 15 Feet 1. The contractor shall prune out branches extending beyond a tree's shape(foliage perimeter). 2. The contractor shall prune to control size and shape. 3. Cuts shall be inside the perimeter of foliage, almost flush with a parent branch, but not harming the collar area. No butts or stubs shall be permitted. Old stubs with an outgrowth of multiple shoots shall be removed. Cit�LlOU diI Landscape MaintenaIt eliffs Fage 26 4. The contractor shall prune off lower branches high enough for traffic clearance. 5. The contractor shall cut out dead, crossing, rubbing branches, and v-shaped crotches. 6. The contractor shall undercut branches over two (2) inches in diameter before final cut is made close to a scaffold (main) branch. Shredded, torn or ripped branches shall be re-cut cleanly. 7. An exposed wound, as where a branch was removed, shall remain exposed. The contractor shall not paint or apply any substance on wounds. 8. Trees close together shall be separated by the removal of intermingling branches. The exception is a large hedge or windbreak consisting of one (1) species. 9. All newly planted or young trees shall be double-staked by the Contractor and secured properly with CR-approved ties. a. The contractor shall use only City-approved staking materials. b. The contractor shall always remove nursery stakes on young trees and replace t hem with double staking when trunk strength allows. c. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the CR. d. Tree stakes shall be set a consistent distance (minimum six[6] inches) away from the trunk of the tree to reduce abrasion. e. The tops of tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of the main or lateral branches of the tree. 16. A tree too heavy for support by stakes shall have equally-spaced guy wire ties to stakes and shall be inspected for possible removal. The wire shall be on a 45-degree angle with the tree trunk. a. Locations for the use of guy wires shall be determined by the CR. b. Ties shall always allow for tree movement between stakes and tree trunk. c. The contractor shall loosen or remove tree ties upon discovery that ties are too tight before ties girdle a branch or trunk. d. The contractor shall remove stakes or tensioned cables(guy wires)from a tree trunk that is immovable in wet soil. 11. Any tree stakes or ties that are broken, loose, or damaged shall be removed immediately. If the tree is less than one (1) year old or immature and requires continued support, new ties and stakes will be required. 12. Fertilizers, pre-approved by the CR, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar micronutrient applications. 13. All trees located in Casual, Sports/Priority Turf areas shall have 2" of STA approved 3"-4" compost mulch installed around the tree ring continuously. 14. The Contractor shall have an ISA Certified Arborist On-call employee able to provide a risk assessment.The contractor will only charge,AEW,the arborist time to investigate and create a risk assessment. The arborist can be asked to meet with residents, the public, or elected officials to discuss tree conditions. City Council 1 — age 26 SECTION IX LAKE MAINTENANCE A. General Specifications The lake water quality, algae, and aquatic weed control are maintained by a separate contractor. The Specifications for this Contract include the management of the trash, leaf, and branch debris, and habitat evaluation. 1. The following lakes are to be serviced as a part of this Contract: a. Centennial Park b. Thornton Park 2. Water, lake and stream bottoms, surrounding embankments, riprap areas, and sidewalks shall be inspected daily and kept free of litter and debris at all times. This shall include but is not limited to trash, litter, dead fish, fishing line, bird droppings and/or deceased waterfowl, and un-anchored plant debris. a. Skimming equipment capable of a 20-foot reach shall be required to remove the aforementioned items from the subject lakes. b. The contractor shall remove any dead wildlife immediately, and report to the CR. 3. Park equipment such as trash cans, decorative boulders, and park benches that are periodically placed in the water shall be immediately returned to their appropriate locations, and the CR shall be notified. 4. Excessive leaf drop and other debris which results in reduced stream flow or surface collection shall be removed weekly. CityleOU011 an — 7/7/2026 SECTION X PEST CONTROL A. General Specifications Integrated Pest Management (IPM) principles govern the oversight and management of pest pressures. For this reason, biopesticides have been chosen as a primary control method whenever horticultural management criteria deem the anticipated result to be satisfactory. Combined with a sound IPM program, pest control through prevention, cultural practices, exclusion, natural enemies, and host resistance offers the safest, most effective means of producing high-level plant material. The City is concerned with the safety of wildlife and, therefore, the Contractor shall be expressly prohibited from using anything that may result in direct or secondary poisoning and harming of organisms. Contractor shall employ a certified pesticide applicator to implement the I PM specifications. 1. IPM, under this agreement, will apply to planters, tree rings, hardscapes, parking lots, sidewalks, sports courts, etc. Agricultural pest control services for casual, sports, and priority turf shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. 2. The contractor shall manage economic thresholds of plant pests including insects,diseases, weeds, and vertebrate damage, as defined in this section. 3. The contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws to perform such control. 4. By submitting a proposal, the Contractor assumes responsibility and liability for the use, storage, containment, and cleanup of all pest control management materials. 5. Any failure on Contractor's part to abide by City, County, State, and Federal laws or regulations, and the Specifications contained in this section, may result in a default of this Contract. 6. Fines levied against the City as a result of the Contractor's failure to abide by regulations shall be Contractor's responsibility to pay. 7. Contractor shall use all materials in strict accordance with the most current Federal EPA and Cal-DPR regulations, applicable sections of the California Food and Agricultural Code, Title 3, and regulations within the Healthy Schools Act(HSA). 8. The contractor shall maintain the appropriate licenses, and categories within the Licenses, including Pest Control Business License (PCB) and Qualified Applicator License (QAL- categories ABCF). 9. The contractor shall use specified pesticides only. B. Procedure This section shall serve as the primary guideline for pest control operations. Weeds represent the majority of work within this Contract. All applications shall be completed in a safe manner utilizing safety procedures outlined in Appendix A, Terms and Conditions. 1. The contractor shall submit a comprehensive treatment schedule to maintain all working intervals (daily, weekly, monthly, quarterly, and yearly). a. This schedule will be entered as work orders into the City database and closed out after the application has been deemed satisfactory. Completed work orders cifyFuMwcil Landscape Maintenanrt32" Page IMM26 shall be indicated by control of the specified pest, not completion of the application. 2. Restricted material applications, and HSA applications, require a notice of intent (NOI) posting to the County Agricultural Commissioner, as well as to the City. The contractor must have written confirmation back from the CR before the start of the application. This written confirmation requirement may be waived upon the completion of successive treatment cycles; notification of this nature will be made in writing to the Contractor via email. 3. The contractor or Contractor's representative shall scout the landscape material for harmful pests regularly and thoroughly. The contractor assumes the primary role in this responsibility. 4. The CR shall inspect all areas of the landscape when infestations of harmful or unwanted pests are located by Contractor and will submit a plan of action to the Contractor. a. A written recommendation shall be issued by the CR to indicate the plan of action when a pesticide is required to be used as a control method. 5. A copy of the monthly Pesticide Use Report (PUR) for all pesticides shall be filed with the County Agricultural Commissioner no later than the 1 Oth of every month for the preceding month. a. A copy of the PUR shall be sent and received by the City at the same time the report is filed with the county. 6. Pesticides shall be applied at times that limit the possibility of contamination from climatic or other factors. a. Early morning application shall be used when possible to avoid contamination from drift. b. All applications shall be scheduled after checking the NOAA weather notification system for potential rainfall. All indications shall be for rain-free weather 48 hours post application. 7. Care shall be taken in transferring, mixing, and applying pesticides to prevent contaminating areas outside of the target area. a. Application methods shall be used to ensure that materials are confined to the target area. 8. Treatment includes the application of the pesticide, as well as the re-entry period following the application. The contractor shall be responsible for maintaining the treatment area throughout the re-entry interval. 9. Spray tanks containing leftover materials shall not be drained on-site. Dumping of tank contents is illegal. a. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code, EPA/DPR regulations, NPDES permit requirements, and all other applicable laws, rules, and regulations. 10. Irrigation water applied after treatment shall be reduced to eliminate runoff.When water is required to increase pesticide efficacy, it shall be applied in quantities each area is capable of receiving without a runoff. 11. Pruning is an effective prevention of an epidemic of insects and diseases(e.g. pine tree tip moth,juniper twig girdler, tree borers, fire blight). The contractor shall prune away infected i Cltpl� ll Landscape Maintenanu series age M 26 parts and dispose of them off-site. The contractor shall sterilize pruning equipment before moving to the next plank. 12. Handling requirements may apply during transport to another location (e.g. bagging of tree limbs containing borers). 13. Snails shall be controlled regularly by Contractor before becoming an epidemic. Biopesticides containing iron phosphate or other molluscicides, shall be initiated by Contractor early in the infestation. All reasonable precautions shall be used by Contractor to minimize health risks to non-target organisms. The City will not tolerate epidemics of snails. 14. Cleanup of hazardous material releases, to the extent indicated by the governing agency, is the responsibility of Contractor. City Council 16 — 45 026 SECTION XI WEED CONTROL A. General Specifications A weed is defined as any plant growing in an area where it interferes with the intent and expectation of the landscape. The City expects all areas to have minimum weed populations due to the frequency of management intervals. 1. All weed control material shall be approved by CR prior to using. 2. All weeds shall be addressed, as indicated, in the frequency of management intervals. The Specifications, in general, indicate monthly weed control with a specified herbicide; however, if required to alter the existing intervals for certain areas for higher quality Holi cultural outcomes (e.g. parking lots, planters, sidewalks, etc.) 3. Weed heights of four (4) inches or greater are an indication of improper weed control treatment and/or intervals. Weedy areas will be brought to the attention of Contractor in order to gauge the reason for the deficiency. Remediation of the problem, if deemed a Contract deficiency, shall be within five (5)working days. 4. String trimming, in the absence of chemical treatment, may be used to control a weed population, but satisfactory weed control is measured by both results and the visual aesthetic of the planted area. 5. Manual weed control may be substituted for chemical weed control in some instances to maintain the proper interval (e.g. windy or rainy conditions which prevent chemical treatment). 6. Damage to plants caused by weed competition and herbicide application shall result in replacement plantings at Contractor's expense. B. Weed Control of Hard Surfaces Contractor shall apply an approved herbicide, in the prescribed interval, to remove and control weeds growing in cracks, expansion joints, patios, gutters (cement/asphalt interface), interior park roads, hardscapes, and other contiguous City landscape-hardscape interfaces, in order to maintain the landscape aesthetic. 1. Areas adjacent to paved surfaces shall have minimum margins of relief provided by chemical weed control. a. Systemic, non-selective weed control of adjacent roadside lawns shall not have in excess of twelve (12) inches of bare soil between the lawn and roadway edge. b. Overspray or excessively bare margins shall require replacement plants to be installed. C. Weed Abatement of Fallow or Undeveloped lands Contractor shall periodically mow unwanted weeds in open space areas, wild areas, and undeveloped portions of City landscapes and vacant City lots, 1. Contractor shall perform weed abatement processes, which maintain the weed population below eight(8) inches, when required throughout the year, but not to exceed four(4) times annually. 2. Any additional frequencies or areas will be paid for as Additional Extra Work(AEW). KW City ouncil 16 — 46 7/7/2026 3. Mowing these areas shall be accomplished with a flail mower or weed eater type unit and shall be preceded with an herbicide application to maintain a weed-free appearance. Spoils shall be left on top as a mulch at the end of mowing. 4. Additionally, areas shall be maintained monthly for trash and dumped items. Ci ff' -ddh1ciI Landscape Maintenan Sery s Page'1/1/2026 SECTION XII LITTER&DEBRIS MANAGEMENT A. General Specifications Contractor shall provide general cleanup on a daily basis, unless otherwise specified, for the purpose of emptying trash cans and picking up papers, trash, discarded items or debris which may accumulate in the landscape areas; hardscapes within the site(sidewalks, pathways, parking lots, sports surfaces); those City sidewalks that lie directly adjacent to the park or transverse and dissect the median island, vacant lots or backup lots; and all curb and gutter lines that encircle these same sites. This list also includes all other adjacent hardscape elements deemed by the CR to be part of the inventory of the respective Contract landscape areas, lakes, playgrounds, parking lots, internal roadways, and all other park and open space areas. B. Schedule 1. All trash cans shall have full bags removed and replaced with a clean liner by 12:00 p.m. daily. 2. Replacing all plastic trash can liners shall be part of Contractor's routine cleaning process. 3. All litter and debris cleanup shall be performed between the hours of 6:00 a.m. — 12:00 p.m., Monday through Sunday, unless otherwise noted. a. Reserved picnic sites are a priority and shall be cleaned daily by 7:00 a.m., including weekends, holidays, and for special events. Pressure washing may be required as determined by the CR. 4. A route, or order of facilities, that Contractor will follow shall be submitted to the CR and updated as necessary. a. The CR shall be notified immediately if this schedule cannot be met on a particular day. 5. All parking lots and roads shall be swept, blown and/or vacuumed free of debris a minimum of once weekly. This does not replace daily trash and debris clean up. 6. Contractor shall remove all debris resulting from its operations daily and dispose of it off-site at the time of occurrence. a, All debris resulting from any of Contractor's operations shall be removed and disposed of at Contractor's sole expense. No debris shall remain at the end of the workday. 8. All walkways shall be kept clean/clear of debris and plant growth. Care shall be taken not to create unnecessary hazards to pedestrian, bike, or car traffic. 6. Contractor shall not blowgrass cuttings/debris into public streets or gutters that have not been previously swept or vacuumed clean. a, Contractor shall remove debris generated adjacent to landscape areas (i.e. sidewalks, streets, gutters, medians). b. All second notice violations will be immediate deductions. 7. Should illegal dumping occur to any of the Contracted sites, immediate disposal shall be performed at no additional cost to the City. Any such dumping shall be reported immediately to CR. 8. Soil spoils on curb areas, including street medians and gopher soil disturbances, shall be cleaned weekly from all areas. Cltf t&rwil landscape Maintena178 Ser4ls Page rf/2426 C. Pressure Washing The contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation to perform the cleaning services as set forth herein. 1. Pressure Washing: Power washing with the use of hot high-pressure water sprayer (which shall include high pressure hot water washing) for the 100% removal of dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 2. Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 3. During regular cleaning operations, the contractor shall use high pressure, low-volume washers, and steam cleaner as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces. 4. The nozzle pressure of equipment shall not be so great so as the dislodge the/paver grout or cause damage to hardscape or surfaces. 5. All trash, debris, tar, freestanding oil, grease, liquids, "green waste, "food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substance, and contaminants shall be removed from hardscape and park amenities upon completion of power washing. 6. Contractor shall provide monthly pressure washing schedules. 7. The Contractor shall pressure wash each each designated area with the following recurrence: a. Weekly Basis L Gazebos or Patio Structures ii. Benches, BBQ's, picnic tables, drinking fountains, other park amenities iii. Playgrounds, equipment and surface iv. Exercise Equipment and surfaces V. Restroom perimeter to include the exterior of the building and the hardscape with 25' radius a. Bi-Weekly Basis L Sports Courts (Tennis, basketball, volleyball, handball to include the court walls, etc.) ii. Trash Receptacles iii. Bleachers to include 25' radius around locations iv. Dugouts and benches V. Doggie Stations vi. Kiosk and Educational Signs City Council anc�pi age 5�MN26 SECTION XIII UNHOUSED AREA CLEAN UP &TASKS A. General Specifications 1. Contractor shall be responsible for cleaning miscellaneous trash items left by unhoused individuals during Contract hours. 2. Contractor shall remove and properly dispose of abandoned items(trash)daily. 3. Interaction with homeless maintenance contractor, CR, City officials and staff, and/or law enforcement personnel may be necessary as it pertains to securing and restoring the imprint. 4. Contractor shall report to the CR regarding interference in contractual execution (unable to mow, pick up trash, etc.) due to unhoused individuals, within 24 hours. 5. Contractor shall report any threatening individuals to the CR immediately. 6. All personal belongings shall be properly bagged and identified with a tape tag indicating location name, date and time of removal, and truck number. These bags shall be stored at a City location. 'i Clty'ecf f11 an scape a n enT _ 7/7/2026 i SECTION XIV DRAINAGE APERTURES A. General Specifications 1. Contractor shall inspect surface drains (i.e. catch basins, flow structures) located within the landscaped areas daily. 2. Surface drains, including catch basins where applicable, shall be maintained free of obstruction and debris at all times to ensure proper drainage, 3. Contractor shall remove any debris or vegetation that might accumulate to prevent proper flow of water. 4. During periods of inclement weather, Contractor shall take extra care to ensure all drains and drainage areas are kept clear of debris and that water is draining properly. 5. All costs incurred by the City to repaired damage due to improper drain cleaning will be recovered from Contractor. Lanclicape ain enan e s age City ouncilt — rf %26 SECTION XV PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 1. Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, groundeover or flowers. 2. Work shall be considered as AEW unless otherwise specified. Exceptions are replacements due to Contractor's negligence, as determined by the CR. 3. Contractor shall replace all damaged plant material due to Contractor's negligence within five(5)working days. CityR 0U 5CiI Landscape a n enaIV a �s 26 SECTION XVI GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 1. Plant Health Care(PHC): The Plant Health Care approach to managing trees and shrubs recognizes that, in most cases, plant health problems are the result of many factors, not just a single agent. PHC takes a holistic approach when making management decisions that focuses on plants and their interactions with the living and nonliving elements of the landscape. 2. PHC attempts to prevent problems before they start. Managing plants health involves proper planning, plant selection and a wide range of cultural practices aimed at improving site and soil conditions. When combined with careful monitoring to identify pests in the initial stages these practices greatly reduce dependence on pesticides. 3. All new plant material and irrigation installations shall be guaranteed for a period of one (1) calendar year, unless damage or death of plant material is due to wind, storm,vandalism, riots, war, fire, flood, earthquakes or other events over which the Contractor has no control. 4. Existing plants shall be replaced by Contractor if it is determined by the CR that they were damaged or destroyed due to Contractor's negligence. City ouncil an sca _ / /2 26 SECTION XVII REPORTS AND SCHEDULES A. General Specifications Contractor shall submit reports and schedules as requested and as outlined below and in Appendix A and Appendix B. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a deduction. All reports and schedules shall be either provided by, or in a format approved by the City. B. Reports 1. The following are required reports and frequency of delivery by email and followed up by phone call to CR: a. Personnel staffing by area, total employees,total hours—as submitted to DIR b. Pesticide application reports—daily, including NOI c. Pesticide Use Reports—monthly d. Incident and Accident Reports— immediately e. Hazard Reports— immediately f. Refuse—shall be kept on file by Contractor and correlated with an invoice g. Fertilizer application (if applicable)—daily, by site, amount, date, material h. Water truck(if applicable)—gallons per week i. Irrigation system malfunction (central control) or shut down—monthly j. Vandalism—weekly, by site k. Homeless encampments—weekly I. Sports field renovation schedule—will be provided by CR. m.Lake problems or challenges—immediately n. Damage to appurtenances—immediately o. Plant replacement, by area—immediately p. Emergency call out log —monthly q. Consumable goods log --monthly r. Irrigation audits—monthly s. Hardscape cleaning--monthly t. Pest control advisor recommendations — as required by California Code of Regulation u. Safety inspection log for Contractor's yard, equipment, performance - monthly v. Additional Extra Work—weekly, as requested w.Vacant lots log contract completion—quarterly x. Tot lot rototilling—monthly y. DG pathways repair/maintenance—monthly z. Bike trails/Asphalt Cement walkways—monthly City ouncil ni — 26 aa. Pressure washing amenities and playgrounds— monthly 2. Additional reports may be occasionally required to assist the City. These reports shall be detailed, thorough and may include, but not be limited to, the following: bb. Suggestions for improving problem areas; cc. Proposal needed prior to performing any Supplemental Work; and dd. Large scale projects. C. Schedules 1. Monthly Maintenance Schedule Contractor shall provide a maintenance schedule to the City in calendar format within thirty (30)days of the start of the Contract. Schedules shall show the day of the week the operation is to be performed, or the order of rotation areas will be serviced, such as for debris pickup or pruning operations. These schedules will be entered into the work order system and Contractor performance will be evaluated based on this rotation. 2. Required schedules and frequencies of delivery are: a. Mowing services for each park site—weekly b. Shrub trimming (backup lot, medians, parks, MOU)—quarterly c. Irrigation audit—quarterly d. Irrigation evaluation of athletic fields—weekly e. Divottlow spot filling of sports/priority fields--weekly f. Tree raising—weekly, as needed g. Coal bin cleaning—weekly h. Sand lot rototilling —bi-weekly i. Weed abatement(spray followed one [1] week later by string trim)—quarterly j. Weed abatement (vacant Iottwild lot) —quarterly k. Other weed abatement--monthly I. Cleaning of parking lots and park roads—weekly m. Mulching —bi-annually n. Sport court cleaning —weekly o. Groundcover trimming—monthly p. DG surface repair—monthly q. Bike trail chemical edging --monthly r. Special projects and locations—as requested s. Supplemental and locations—as requested t. Irrigation programs—weekly u. Additional Extra Work—as needed v. Lake cleaning—weekly w. Lake debris—daily City Council Of Pff / / 26 x. Other items as requested by the CR—as needed 3. Any other activities that Contractor performs on a regular or semi-regular basis and as determined or requested by the City will require a schedule to be submitted. 4. Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR for review, and if appropriate, approval, within five (5) working days prior to scheduled time for the work. Notification of change in scheduled work due to circumstances beyond the control of Contractor must be received by the City at least 12 hours prior to the scheduled time for work to begin. 5. All schedules shall be of a format either supplied or approved by the City. 6. Contractor shall adjust work schedules within the same week to accommodate all City- observed holidays, during inclement weather, under emergency notification, and for periods of excessive rainfall. City ouncil an s a _ / 26 •mow=-- CITY OF SANTA ANA SECTION XVIII IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 1. Written reports of any repairs or modifications to the irrigation system shall be turned monthly to DR. Failure to do so may delay payment of invoices. 2. Examples of other written reports Contractor shall provide are: a. Monthly irrigation system audit sheet b. Irrigation zone narratives, shall keep a plot plan at the controllers (when applicable) c. Irrigation material purchase request (if applicable) d. Create and maintain an inventory log of irrigation equiptment components throughout the city, by District. B. Irrigation Schedules 3. Contractor shall provide an Irrigation Controller Program Log for each manual controller by area within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the Irrigation Controller Program Log. 4. Contractor shall provide to the City a schedule of all manually-watered areas, including those where use of a vehicle is required, within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the schedule. City Council 16 - ageTVM26 SECTION XIX CIVIC CENTER A. General Specifications 1. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed. Downtown Civic Center Grounds and Landscape — The Downtown Civic Center Area is the home of federal, state, county, and city government for Orange County. The classification of maintenance required at this site is considered "high-end commercial." 2. All pedestrian hardscape areas, including but not limited to plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc., shall be blown and/or swept clean daily; Monday - Friday. The Contractor is not responsible for blowing parking lots, only for litter removal. Contractor is not responsible for pressure washing. 3. All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. 4. All trash receptacles shall be emptied daily, seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City, Lids shall be completely wiped clean with a germicidal cleanser and polished continuously as stains appear. 5. All cigarette urns shall be sifted daily Monday,Wednesday, and Friday. The sand in the cigarette urns shall be fresh and leveled.Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 6. All drinking fountains shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Monday, Wednesday, and Friday of each week. 7. All trees below 15' shall be pruned four (4) time per year (first week in January, April, July, and October) using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. 8. All shrubs requiring hedging shall be trimmed every two weeks. 9. Replace all 52 state flags in the Plaza of the Flags the first week of January and July of each year, Flags to be provided by City. 10.All turf in the Civic Center area is considered priority turf. 11.Perennial/Annual Color: All perennial/annual color beds shall be maintained and planted/rotated three(3)times per year(first week of January, May, and September)as detailed in Attachment 5. 12.Fertilization: Cyad and Palms shall be fertilized two (2) times per year (first week in March and September) per the City's agronomic plan. 13.The Contractor shall be required to clean trash and large debris in parking lots in the Civic Center. The work shall be performed in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 14.All signage, drinking fountains, concrete pads, trash receptacles, site furniture, bollards, concrete or asphalt areas with stains around trash receptacles, security City ouncil 16 — 58 7/7/2026 i lights, park benches, walls, and the pavement beneath them and other Civic Center amenities shall be cleaned daily. 15.The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. 16.After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all Civic Center areas within twenty-four hours (24 hrs.) at no additional cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 17.Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 18.The Plaza of the Flags shall have flags displayed at all times. The Contractor shall visually inspect the flags every day to assure they are in good condition. Should, in the opinion of the DR, any flag is not in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request a new flag from the DR. Contractor shall raise the new flag immediately upon receipt from the ❑R. The Contractor shall replace all flags twice a year (January, July) with flags provided by the City. 19.Japanese Garden Pagoda shall be cleaned daily. B. Annual Color Planting and Maintenance Specification at Civic Center 1. Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. 2. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). 3. Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: a. Spring/Summer—April through October 1 LMUSCape ry age City ouncil �� — 26 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias b. FaIIANinter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus C. Vandalism 1. Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. 2. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. D. Quality of Life Team (QOLT)(Civic Center) 1. Homeless and Transient Encampent Clean Up a. Contractor shall remove transientlhomeless encampments that may include, but is not limited to tents, soiled clothing, blankets, human feces, hypodermic needles, and items listed above. Clean up multiple encampment sites shall be scheduled or on an on-call basis. b. Work will consist of surveying sites, collecting debris, dismantling temporary structures, removing trash, and disposing of all debris at a local facility specified by the City. Jobsites can be in heavy foliage, embankments,train tracks, creeks and other areas requiring alertness to the environment and pre-planning to prevent injury or illness. G. Contractor shall remove unwanted natural or environmental materials including, but not be limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar. 2. Removal and disposal of debris/rubbish, including: a. Trees, cut brush, dead trees, tree limbs, and similar materials, b. Furniture, mattresses,appliances,scrap metals,junk,automobile parts or machinery, tires, televisions and other electronic devices, c. Structure demolition, including wood frame, concrete, asphalt, bricks or other construction debris, d. Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter, e. Hand sweeping (or blowing) of streets, alleys, sidewalks and similar areas. 3. Contractor may be required to occasionally perform confined space clean-up for entry into designated areas. CitM OU CII an scape i _OU10 5 7�2026 4. Contractor may be assigned to work alongside Santa Ana Police Department and Social Services/Outreach Support Workers when clearing transient/homeless encampments. 5. Immediately contact the City of Santa Ana Police Department in the event that weapons are found. Under most, circumstances, the City's Police Department will have confiscated weapons and illegal contraband prior to the arrival of the Contractor. 6. Contractor may be required to post City provided "Notice to Clean or Remove Property" signs at the work site prior to the commencement of each removal project as established in the work-scope and as directed by City representative. Depending on circumstances, this posting may occur 24-hours from the date of the clean up or as determined by the Projects Manager. Contractor shall photograph posted notices to document time and location of posting as instructed by Projects Manager and City. 7. Contractor may be required to bag and identify personal property left behind at clean-up sites and transport them to a place designated by the Projects Manager or City. Guidelines for property identification will be provided by the City. Such items include but are not limited to items in good repair such as organized backpacks, clean and clearly identified medication, eye glasses in good condition, wallets, handbags, jewelry, operating watches, non-soiled duffel bags, and non-soiled and organized bedrolls. 8. General: a. Furnish all labor,equipment,materials and supplies(including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on City streets, alleys, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance. b. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract. 9. Staffing: a. Mobil Unit: Two (2)full-time employees from Monday—Friday from 7 am- 4 pm to collect, bag, and tag lost and abandoned property with the QOLT team. b. They required a full-size vehicle with an electric dump trailer, or equivalent, to assist with homeless refuse pickup. c. City Yard Storage: One (1) full-time employee from Monday-Friday from 7:30-4:30 managing the storage facility center located at the City Yard. d. No vehicle is required. e. Staff should be trainable by City Staff and SAPD for homeless property pick up and storage. City Council 16 — 61 2026 SECTION XX LAWN BOWLING A. General Specification, Lawn Bowling Mowing, irrigation, and fertilizing are the primary turfgrass practices needed to sustain a turf surface of acceptable quality on a bowling green. Mowing, irrigation, and fertilizing are interrelated to such a degree that a reduction in leaf area by reducing the mowing height or using the vertical mowers too aggressively would require an adjustment in the frequency and intensity of fertilizing and irrigation. Throughout the growing season, the turfgrass grows both vertically and horizontally. When the turfgrass grows, it gets longer, and the matt gets thicker. Correct mowing of the lawn bowls green maintains the smooth and consistent rolling of the bowls, and the grass shall not get longer and thicker to maintain an ideal playing surface. 1. Equipment required for The Santiago Park Lawn Bowling Greens are required: a. Scott Bonner 30" Queen Mower 16-blade reel mower with a Honda 5.5 hp gas engine, OR EQUAL b. Groomer OJLBC-20002-08, OR EQUAL c. Sand Spreader OJLBC-2005-07, OR EQUAL d. GROUNDSMAN AERATOR OJLBC-1998-05Model 460, OR EQUAL B. Mowing 1. Bowling at the Santiago Park greens must be done in a north-south direction. Mowing should be done at a 45-degree angle to the roll of the bowl. Therefore, the mowing directions at the green should be northwest to southeast or northeast to southwest. Contractor must perform mowing as follows: a. These directions should be rotated each time mowing is done. b. During the months of April through November, mow two(2) times per week; set mower height to 1/8". c. During the months of October through March, mow once per week; set mower height to d. Overlap each pass of the mower by 50%. e. The Scott Bonner blade is sharpened at a 90-degree angle, enabling the blade to be removed and reversed. When both sides of the reel are dull, the blade is removed and back lapped. 2. DethatchingNerticutting a. Contractor must remove thatch material to allow proper water and nutrient permeability. Thatch is a buildup of dead and decaying herbaceous material at or slightly below the ground level. If thatch remains,the turf builds up unevenly and is more susceptible to fungus infections. The thatch slows the roll of the bowl and can alter the course of the roll. b. Contractor must remove thatch during the months of April through November Verticut, dethatch, and level green twice a week. Set cutting blades' height to % inch in depth. City ouncil 16 — 62 7/7/2026 3. Grooming: a. Contractor must perform grooming services during the months of April through November every year. b. Contractor must groom grass twice a week as described on page 6 of greens maintenance manual. Schedule work for Tuesdays and Thursdays. Set the cutting blades depth to 1116 inch. 4. Aeration: a. Contractor must perform aeration during the month of March every year. b. Conractor must plug with 1/2-inch diameter 6-inch long hollow tines. Remove debris from the greens after plugging. Backfill the empty holes with pure washed sand sieve#60, approximately 7 tons. c. After aeration, coordinate fertilization with the I PM contractor(separate contractor) and immediately finish by watering. CI y ouncil Landscape MaintenanW E 61 Page IPM26 SECTION XXI CENTENNIAL PARK A. Centennial Park: The Contractor shall clean and maintain the following areas of Centennial Park: 1. The parking lot south of Rancho Santiago College is a part of the agreement site. 2. The unimproved planting area east of Rancho Santiago College is a part of the agreement site. 3. The irrigated area outside of Dan Young Soccer Complex to the west is a part of the agreement site. 4. The Contractor shall pressure wash off daily from pedestrian hardscape areas bird droppings. SECTION XXII VACANT LOTS A. Vacant Lots The Contractor shall perform daily blowing-off, trash and debris removal, including managing weeds. 1. 101" and Flower 2. 1a'and Mountain View 3. Bristol and Tolliver 4. Bristol and Myrtle Cltx&lffill Landscape MaIntengT erx Ges 26 SECTION XXIII SANTA ANA STADIUM A. Santa Ana Stadium The historic Santa Ana Stadium is a premier youth football and soccer venue. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed: 1. All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown and/or swept clean daily, seven (7) days per week. 2. All parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean once per week, on Thursdays. Trash shall be picked daily. 3. All site amenities, including but not limited to, signage, player benches, hand railing, public telephones, etc., shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Friday of each week. 4. All grandstand bleachers shall be inspected continuously and wiped clean as stains and dirt appear. 5. All turf in the Stadium area is considered priority turf. 6. All surfaces within the Stadium (including tunnels, bleacher areas, all walkways, seats) shall be high pressure washed quarterly (the third Monday of July, October, January, and April) to remove stains, gum, candy, dirt, etc. See pressure washing scope. 7. The contractor shall be able to provide additional staff for special events, before and after, at the stadium to handle the additional trash and debris.These special event services shall be billed per event. cif P(38-ncll Landscape Maintenan1vt"" Page 71721026 SECTION XXIV SANTA ANA ZOO A. Santa Ana Zoo(Zoo) The Santa Ana Zoo was established in 1952 and is a 20 acre zoological park and botanical garden. Due to the sensitivity of the animals at the zoo and unique plantings, there are some variances from the standard Grounds-Landscape Specification. The following special maintenance shall be performed for the Zoo site only. 1. The Contractor shall use electric-powered equipment in the course of providing service at the Zoo. Gas powered equipment is not allowed unless approval is granted by the CR. 2. All turf at the Zoo is considered casual turf. Casual turf at the Zoo shall be mowed using a Mean Green Mowers EVO or equivalent commercial electric mower as approved by the CR. 3. The interior courtyard adjacent to the cafe and playground sees the highest use levels of all turf areas at the facility. This location should be overseeded and renovated as needed throughout the year to maintain consistent turf quality, aesthetics, and provide the highest amount of usability for visitors. This should be coordinated with the CR for the Zoo. 4. Tree Edging No-Mow Turf-Trees maintained with natural no-mow lawns (i.e. Carex sp.) shall not have shovel cuts around trees. 5. All mulch at the Zoo shall be 2" minus composted mulch applied to a 2" thickness unless approved by the CR. Mulch shall not cover root flare of trees and the base of shrubs leading to plant health issues. 6. To lessen the impact on daily Zoo operations and provide the best well-being for the animals, tree pruning specifications include trees up to 30' height with DBH less than 18". This is restricted to the interior of the Zoo and immediately adjacent to animal habitats. This specification allows for ornamental pruning of small and moderate sized trees to occur throughout the year along with routine landscape maintenance services. This has the effect of spreading out the burden on the facility and drastically reduces the amount of time areas need to be closed off to the public. Large trees and trees outside the public areas are not included. Please see attached diagram for a map. 7. An ISA TRAQ Certified Hazardous Tree Professional shall evaluate all Zoo trees and provide a written report using the Arbor Access Tree Management Software program (or an approved equal) one time only within six months of the start of the contract. 8. Tree Establishment — "Treegator" Slow Release Watering Bags or similar shall be provided for newly planted trees as determined by the CR, Gator Bags shall be filled weekly for the first two growing seasons. 9. California Natives and Drought Tolerant Shrubs-Selectively prune and trim all native plants during appropriate seasons to ensure pedestrian paths, walkways and sidewalks are not impeded or as necessary based on best horticultural practices. (i.e. Romneya coulteri pruned to 6" in late summer or fall, Salvia Cleveland# pruned in fall, Zauschenria sp. established plants cut back hard in winter after flowering. 10. Bamboo - Dead, old, small, leaning or misshapen culms shall be removed annually. Cuts shall be made as close to the ground as possible and straight across so there citpUcWibi Landscape Maintenalle setts Page ?l 26 are no dangerous, sharp points sticking out of the ground. Care shall be taken to avoid damaging newly emerging calms. The CR will provide additional direction on which clumps may be topped to increase the screening effect or "legged-up" for aesthetics. Gianttimber bamboo shall be maintained with a minimum of 12"distance from building foundations. 11. Epiphytic Specimen Plants - Epiphytic plants (Platycerium sp., Bromeliads, Anthurium sp., Tillandsia sp., Laelia sp., etc.) require special attention and may not have dedicated irrigation systems. These specimen plants shall be hand-watered at varying intervals depending on the time of the year based on horticultural requirements. Platycerium shall be fully drenched including the fronds. 12. Ornamental Grasses - All Cortaderra selloana (pampas grass) specimens smaller than four feet in diameter shall be removed immediately and disposed to control invasiveness. Warm-season grasses shall be cut to the ground in fall or winter consistent with best horticultural practices. Ornamental grasses shall be cut within 6"with a flat top and not mounded. Large clumps(5+seasons)only exhibiting growth around the edges of the clump shall be dug up, divided, and replanted. Thysanolaena maxima specimens shall be minimally pruned to maintain form and tidiness. 13.Animal Enclosures&Animal and Human Safety-The Contractor's workers must not enter animal enclosures without prior approval from the Zoo Manager or their representative. Workers must not touch or feed any of the Zoo's animals. In the event of an escaped dangerous animal, the workers will be asked to stop work immediately and evacuate the zoo. Annually, the Contractor shall provide their employees working in and around animal exhibits with basic training on zoonotic disease prevention and common-sense sanitary measures. The Contractor shall meet with the Zoo Director or their representative for relevant information before commencing work. 14. Gutter Maintenance-The Contractor shall pay attention to clearance of gutters within the Children's Zoo area to prevent blockage and the growth of weeds. 15. Zoo Closure Days-The Zoo is closed to the public on Thanksgiving Day, Christmas Day (December 25), and New Year's Day (January 1). The Zoo is open all other holidays. The Zoo may be closed to the public during severe inclement weather. Closure days are subject to change by the CR. 16. Rock Mulch Groundcover- Cactus and succulent beds are to be mulched with Dos Rios Pebbles 3/8" by Southwest Boulder and Stone or equivalent type to match existing as approved by DR. Pebble mulch shall be maintained at a 1" depth and kept off adjacent walkways. 17. General Maintenance, Daily Maintenance - All trash and debris (branches, glass, metal, paper, etc.) on the ground or in trash receptacles shall be removed from all worksites, landscaped and paved areas each day Monday through Sunday before 10:00 a.m., when the Zoo opens to the public. All organic debris (twigs, leaves, fruit, sand, gravel, rock, wood chips) on the pathways shall be removed from paved areas each Monday and Friday before 10:00 a.m., when the Zoo opens to the public. DG pathways shall be maintained through limited blowing and raking to reduce particulate pollution and dust in animal habitats. 18. Washing Landscape Material-To maintain plant health and aesthetics, plant material shall be washed down on a regular basis to remove any accumulated dust and cobwebs. CItRy�l,OMciI Landscape Mainienarits rye Page 71P1M26 19. Inspection of Perimeter Fence—Daily, the Contractor shall inspect the integrity of the chain link perimeter fence for breaches and advise the Zoo Director or CR of issues. 20. Trimming and Weed Removal within Exhibits-- a. Quarterly, the Contractor shall blow-off leaf litter accumulating on animal exhibit roofs, netting, cages, etc. including, but not limited to, Colors of the Amazon Bird Aviary. b. Monthly, the Contractor shall inspect plant material in the animal exhibits for damage to the netting and trim plants pushing through animal exhibit roofs, netting, cages, etc.to prevent damage. c. Contractor shall perform weed removal in the Anteater and Amazon's Edge exhibits. 21. Pressure Washing-The Contractor shall perform weekly and as necessary pressure washing of paved areas,site furniture, drinking fountains, etc. in the cafe eating area. 22. Resetting Seating—The Contractor shall, Monday through Sunday, before 10:00 am each morning, reset all tables and chairs in the Zoo. 23. Blowing-Off Exhibits — The Contractor shall blow-off/dean animal exhibit roofs, netting, cages, etc. on a routine basis. Prior to performance, the Contractor shall coordinate with the CR. 24. Storm Drain Maintenance — The Contractor shall continuously maintain the Zoo's stormlarea drains, including the filter fiber by keeping them clean and free of debris. The Contractor shall change the storm/area drains filter fiber, which shall be provided by the Zoo, as necessary. 25. Weekly Meeting --The contractor shall plan to have a standing weekly meeting with the CR and involve the IPM representative in the meeting. 26.All IPM and Agricultural pest control services at the Zoo only shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. Cit flf8b'hr& Landscape Maintena9c6 Se"s Page Yl f/2826 APPENDIX I TERMINOLOGY A. Interpretation/Terminology The following terms are for convenience and reference only and are not intended to define or limit the scope of any provision hereof. The following words shall be construed to have the following meanings, unless otherwise apparent from the context in which they are used: 1. As Needed: To maintain the grounds in a clean appearance as determined by the City. The intent is to permit the City to receive services beyond the scheduled frequencies on an occasional basis. Should a service be needed on a consistent basis the City shall amend the Contract with Contractor subject to approval by the City Council. 2. Additional Cleaning (or Operation): The completion of all maintenance tasks, in whole or in part, to ensure that the specified conditions resulting from the "Initial Cleaning" or"Initial Operation" sustained or retained. 3. Appurtenances: Objects or features, which are component parts of the areas to be maintained. Appurtenances include, but are not limited to: seat walls, bollards, valve boxes, bike racks, fences, walls, monument pedestals, decorative features, benches, picnic tables, light standards/flag poles, handrails, electrical panels and transformer enclosures, and signage. 4. Sport/Priority Turf: Grass surfaces are maintained for the goal of primarily providing a smooth, safe playing surface for sports. 5. Automated Irrigation System: Valves, sprinklers, etc., that are operated using a controller which functions electrically, hydraulically, or thermally. 6. Biopesticide: Certain types of pesticides are derived from such natural materials as animals, plants, bacteria, and certain minerals. 7. BMP: Best Management Practices are identified by individual industry and must be incorporated into the operational management of the Contract. 8. Centrally Operated Irrigation System: Sprinklers, valves, etc., are turned on remotely from centralized software. 9. Confined Area: An area of turf bordered on three (3) or more sides by shrub beds, planters, hardscapes, walls, fences, play areas, decomposed granite areas, or other like borders. 10. Contiguous Hardscape: Hardscape medians that are on the same street as the landscaped medians and continue through to the next major intersection. 11. CR: City Representative. 12. EIC: Employee in Charge. 13. Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate assistance or relief. 14. AEW:Authorized Extra Work not in the contract to be approved by CR before City Council 16 — 69 7/7/2026 starting or completing. AEW's will state the hourly rate of each laborer and trade to make the repairs, sample sheet attached. However, in case of a callback for workmanship failures approved through the AEW, the city will deduct a similar rate to make the corrections via a failure to perform (FTP). 15. ET: Evapotranspiration, or the water lost from a plant system due to evaporation from soil or transpiration of water through the plant. 16. Casual Turf: All grass locations which are primarily used for leisure activities and not used for sports. Not sports or priority 17. Green Waste: Any waste from vegetation, including but not limited to: tree trimmings, grass cuttings, dead plants, leaves, branches, wood and dead trees, and similar materials naturally occurring within the subject areas, or generated as a result of services provided by Contractor. "Clean Green Waste" shall not contain more than 10% contaminants. 18. Hardscape(or Hardscapes, Hardscape Areas): Sidewalks, walkways, patios, quads, game courts, bike paths, paved areas, and like surfaces. 19. Hazard: Anything likely to cause a person or animal harm. 20. Homeless imprint: An area defined by belongings, including personal items such as tents, carts, tarps, blankets, furniture, and food, which appears to be a settled area. 21. Initial Cleaning (or Operation): The first cleaning or first maintenance operation of several scheduled for a given day. 22. Interior Roads: Roads that are contained within the boundaries of a given area. 23. Litter: All paper, plastic, cans, bottles, or other material discarded in or on any location within the Contract area other than in a trash container provided for that purpose. 24. Non-emergency: An unplanned service requirement that needs additional attention in a prescribed period. 25. Pesticide: Products that prevent,destroy,repel,or mitigate a pest,orwhich are plant regulators, defoliants, desiccants, or nitrogen stabilizers. A registered chemical is identified using an EPA and/or Cal Registration Number, or both. 26, Recyclable Material: Plastic, glass, or aluminum materials have economic value when separated from trash. 27. Repair or Replace: Equipment or property shall be repaired or replaced as determined by the City with like kind and quality. The intent is to maintain the equipment or property in good condition and consistent with the current model brand or manufacturer. 28. ROC: Rail Operations Center. 29. ROW: Right-of-way. 30. SDS: Safety Data Sheet 31. Spot Cleaning: The cleaning of only those portions of a floor, walkway, wall, fixture, table, furnishing, handrail, bench, or other surface(s)which are soiled (dirty, stained, marked, smudged, etc.), where the entire surface may not be sufficiently soiled to warrant cleaning the entire surface. The contractor shall City Council 16 — 70 7/7/2026 interpret the term "spot cleaning"to include the complete clean inglwashing of any surface which does not or would not, have a clean, uniform appearance after the cleaning of only portions of that surface. 32. Street Sidewalks(or External Sidewalks): Sidewalks or paved walkways that parallel streets, and which may exist on the perimeter of or adjacent to the areas to be maintained. 33. Trash: All litter, garbage, refuse, rubbish, dead fish and birds, human or animal feces and other materials and substances discarded or rejected as being spent, useless, worthless, or waste. 34. Pressure Washing. Power washing with the use of high-pressure hot water spray to remove dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 35. Failure to Perform (FTP): Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. 36. Compost: The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be i) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7; or ii) produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State's composting operations regulatory requirements. 37. Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). 38. Recovered Organic Waste Products: Products made from California, landfill- diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. 39. SB 1383: Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 40. SB 1383 Eligible Mulch: Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section City Council 16 — 71 7/7/2026 18993.1(f)(4)for the duration of the applicable procurement compliance year. FOR PROPOSERS' REFERENCE ONLY City Council 16 — 72 7/7/2026 APPENDIX II ADDITIONAL TERMS AND CONDITIONS City Council 16 — 73 7/7/2026 TABLE OF CONTENTS SECTION 1. CONTRACT REQUIREMENTS 1.1 Independent Contractor 1.2 Contract Transition 1.2.1 Transition In 1.2.2 Transition Out 1.3 Hours and Days of Maintenance Services 1.3.1 Scheduling of Operations 1.3.2 Service Schedules 1.4 Non-Interference 1.5 Consumable Materials and Supplies— Contractor-Supplied 1.6 Consumable Materials and Supplies— City-Supplied 2. RESPONSIBILITIES OF THE CONTRACTOR 2.1 Inquiries and Complaints 2.2 Safety 2.3 Vehicles and Equipment 2.4 Locks and Keys 2.5 Service Yard and Storage Area(s) 2.6 Utilities 2.7 Traffic Control 2.8 Bloodborne Pathogens and Biohazardous Material 2.9 Accident Reporting and Site Securing 2.10 Vandalism 2.11 Cooperation /Collateral Work 2.12 Protection of Existing Facilities and Structures City Council 16 — 74 7/7/2026 2.13 Protection of Property During Inclement Weather (Emergency Response) 2.14 Emergency Numbers and Emergency Call-Outs 2.15 Contractor's Staff 2.16 Work and Workmanship 2.17 Supervision and Special Skills 2.18 Management and Enforcement 2.19 Contact with Minors 3. EXECUTION OF WORK 3.1 Subcontracting 3.2 Contractor Hiring 3.3 Notice Requirements 3.4 Default by Contractor 1 Termination 3.5 Temporary Suspension of Work 3.6 Damage Caused by Contractor 3.7 Non-Emergency Call-Outs 3.8 Work Not Included 3.9 Signs/ Improvements 4. ENVIRONMENTAL REQUIREMENTS 4.1 Environmental Requirements 4.2 Refuse Disposal 4.3 Hazardous Materials 4.4 Sound / Noise Control Requirements 5. CHANGES TO THE CONTRACT 5.1 City's Right to do Work 5.2 Changes in Service City Council 16 — 75 7/7/2026 5.2.1 Special Events 5.2.2 Construction Activity and Maintenance Functions 5.3 Special Requests 5.3.1 Soil and Plant Testing 6. CONTRACT ENFORCEMENT AND EVALUATION 6.1 Contract Enforcement 6.2 Performance Evaluation City Council 16 — 76 7/7/2026 SECTION 1 CONTRACT REQUIREMENTS 2.1 Independent Contractor The Contract between City and Contractor is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership,joint venture or association, as between the City and Contractor. The contractor understands and agrees that all persons furnishing services to the City under this Contract are,for purposes of Workers' Compensation Liability, employees solely of the Contractor and not of the City. The contractor shall bear the sole responsibility and liability for furnishing Workers'Compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder. 2.2 Contract Transition 2.2.1 Transition In Contractor shall provide a written statement of their transition plan to include potential personnel who will be on the transition team and their roles, subject to City approval. Also included shall be sample timelines illustrating when the Contractor will be fully in place and performing all tasks.The anticipated transition period will be three(3)months. A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel-cut all tree rings; 2) raise all trees; and, 3) mulch all areas; 4) irrigation audits; 5) pressure washing appurtenances; 6) and repair DG paths. The Contractor acknowledges that each site's irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each site's rotors/heads and lateral irrigation lines. Following the initial agreement for startup repairs, the Contractor shall assume responsibility for future repairs (see Appendix D 2.4 herein). 2.2.2 Transition Out Contractor shall work in good faith with the City to transition out of the service, should a new Contractor be selected. The storage areas used by the Contractor shall be left in an orderly manner. All materials and equipment owned by the Contractor shall be removed from storage areas in a timely manner. Upon Contract completion, all keys, cards and remote controls given to Contractor shall be returned to the City's designed City Representative(CR)with a final walk-through with the Contractor and the CR. 2.3 Hours and Days of Maintenance Services 2.3.1 Scheduling of Operations a. Normal work hours are from 6:00 a.m, to 6 p.m., Monday through Sunday, unless City Council 16 — 77 7/7/2026 otherwise specified. The contractor shalt perform work at such times as to minimize disturbance or interference to the residence and pedestrian or vehicle circulation (e.g., early morning mowing or irrigation checks, etc.) No routine mowing or pruning shall occur on Saturday or Sunday unless pre-approved by the CR(s). Only those tasks related to cleaning or trash shall become routine on Saturdays and Sundays. b. The contractor shall perform work following the pre-approved schedules during City business or non-business hours, depending on the needs of the facility where work is performed. c. Changes in the schedule by the City may be made with five (5) business days advance written or verbal notice to the Contractor. d. The contractor must notify the CR(s) of any problems or service interruptions within twenty-four (24) hours or the next business day. Unavoidable service disruptions may be completed at a later date at the discretion of the CR(s). e. Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. f. Repeated service interruptions without justification or approval of the CR(s) shall be subject to action provided for herein. g. The contractor shall provide adequate staffing to perform the required services during the prescribed times. h. Any changes in the days and hours of service heretofore prescribed shall be subject to approval by the CR(s). i. The contractor shall be available for on-call services twenty-four(24) hours a day. j. Non-emergency on-call requests shall be responded to within four (4) hours of notification by the City representative or as mutually scheduled and agreed to by Contractor and City representative. k. The contractor shall respond to all requests for on-call emergencies within one (1) hour of notification by the City representative. (Explained further in Section 3.14) I. On-call service rates shall be based on Contractor's hourly rate as quoted in Appendix E for such work. m. Certain maintenance tasks may have time restrictions or extended time requirements. The contractor must observe and respond to these restrictions and requirements. n. The contractor shall adjust schedules to meet the Specifications and compensate for all City observed holidays. 2.3.2 Service Schedules City Council 16 — 78 7/7/2026 i a. The contractor shall, within 30 calendar days of the effective date of the Contract, submit all work schedules to the CR(s)for review and approval. Said work schedules shall be based on a twelve-month calendar and be in a format approved by the City. b. Any other activities that the Contractor performs on a regular or semi-regular basis, as determined by the City, will require a schedule to be submitted upon request by the City. c. The contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR(s) for review and if appropriate, approval within five (5) working days before the scheduled time for the work. d. At the discretion of the City, monthly meetings (or at an increased frequency if deemed necessary by the City) between the Contractor and the CR(s) may be scheduled to determine progress and address any changes in schedules, problem areas, etc. e. Changes or variations in scheduling may be necessitated by City special events, recreation classes, reservations, etc. The contractor shall adapt any or all schedules to the City's requests. 2.4 Non-Interference The Contractor shall not interfere with the public use of the sites and shall conduct its operations as to offer the least possible obstruction and inconvenience to City employees and the public or disruption to the peace and quiet of the area within which the services are performed. In the event of recreation programming issues, special events, etc., the Contractor may be required to alter the schedule to avoid interfering and may be required to return at a later time to meet the task and frequency. 2.5 Consumable Materials and Supplies—Contractor-Supplied The contractor, as a component of the cost proposal, shall provide all of the following items: a. Trash can liners (except at the zoo facility) b. Cleaning agents, spotting agents, polishes c. Disinfecting cleaning agents d. Cleaning-related supplies e. Chemicals (as specified) f. Pest/weed control chemicals (as specified) g. Annual plant materials or any plants that die due to delayed irrigation repairs h. Mulch/topdressing per the contract specifications City Council 16 — 79 7/7/2026 i. Brick dust j. Grass seed (as specified) k. Fertilizer (as specified) I. Tree stakes and ties m. Dog bags for Doggie Dispenser No additional payment will be made for these materials. All Contractor provided chemicals, cleaning agents, and materials are subject to review and approval by the City. 2.6 Consumable Materials and Supplies—City-Supplied The City will supply, at no cost to the Contractor, the following items: a. All replacement plant material (not including annuals), except those damaged by the Contractor. b. Irrigation replacement parts (as specified) c. Trash cans d. Playground sand and bark e. Signs—water conservation for medians, water audit, field renovation f. City will be provide DG as needed per the specifications. g. Trash can liners (at the Zoo facility only) The contractor shall request these materials from the CR(s), and shall ensure proper and secure storage of these materials in an area specified by the CR(s). The contractor shall also ensure proper distribution and monitoring of these materials/supplies to prevent waste, theft, or other abuse. The contractor shall provide a log specifying where and when supplies have been used,and this log shall be made immediately available to the City upon request. City Council 16 — 80 7/7/2026 SECTION 2 RESPONSIBILITIES OF THE CONTRACTOR 3.1 Inquiries and Complaints 3.1.1 The contractor shall maintain a telephone at their facilities, listed in the telephone directory in its name or in the firm name by which it is most commonly known. At this location, during the daily hours of maintenance operation, the Contractor shall have some responsible person(s),who is proficient in English, employed to take the necessary action regarding all inquiries and complaints that may be received from the City. An answering service shall be considered an acceptable substitute to full-time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. 3.1.2 During regular working hours, the Contractor's Foreman, or an employee responsible for providing maintenance services, shall be available for notification and able to respond through electronic communications within 30 minutes. 3.1.3 During regular days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage, the City may, after a reasonable attempt to notify the Contractor, cause such action to be taken by the City workforce and charge the cost thereof as determined by the City to Contractor or may deduct such cost from an amount due to Contractor from the City. 3.1.4 The Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken thereto or the reason for non-action. The complaints log shall be open to inspection by the City at all reasonable times. The City will maintain work order and email files. 3.1.5 All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or the Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City. Such cost shall include all City staff time required to resolve the problem and appropriate overhead charges. 3.2 Safe 3.2.1 Contractor shall provide a safe workplace and comply with standards and regulations of the California Occupational Safety and Health Act (CaIOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) laws and regulations and any other applicable law, rule, regulation, ordinance and risk management standards. The contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. All City Council 16 — 81 7/7/2026 hazardous substances shall be listed per site, and Safety Data Sheets (SDSs) available at all times. 3.2.2 The Contractor shall be responsible for inspecting, identifying, and securing any condition(s) that renders any portion of a site unsafe and any unsafe practices occurring thereon. The CR(s) shall be notified immediately of any unsafe or undesirable condition(s) via email, phone, or instant messaging ensuring that it was received. This includes, but is not limited, to the following: a. Damaged/inoperable fixtures, hose bibs, or irrigation components b. Running water, irrigation breaks, weeping valves, etc. c. Evidence of arson, vandalism, or other crimes d. Damaged signs or drinking fountains e. Damaged benches or tables f. Graffiti g. Hypodermic needles or condoms h. Large amounts of blood or feces i. Hazardous or suspicious materials/items j. Insect, rodent, or bird infestations k. Homeless persons or their possessions I. Items lost by patrons m. Poor turf conditions (i.e., holes, tripping hazards, uneven surfaces, gopher holes) n. Damaged fencing (i.e., holes, loose posts, missing fasteners) o. Standing water, saturated turf, dry spots p. Lake conditions including dead or sick wildlife, water quality issues q. Downed tree limbs r. Unsafe walkways s. Unstable trees t. Improperly supported trees (i.e. stakes, trees) u. Other hazards, as applicable 3.2.3 The contractor shall be responsible for making minor corrections including, but not limited to: using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor-damaged valve box covers, and securing any damaged apparatus to protect members of the public or others from injury. 3.2.4 If needed, the Contractor shall assist the public by summoning emergency assistance at the site. The contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, beginning with immediate notification, and then a complete written report of the nature of the issue to the City within five (5) days following the City Council 16 — 82 7/7/2026 occurrence. 3.2.5 The contractor shall also ensure that: a. Vehicles, equipment, and hand or power tools are not left unattended or laying on walkways, grounds, or appurtenances where patrons may be put in jeopardy. b. Operator and machine safety equipment shall be in place and operational. c. Machine speed and operational characteristics shall match manufacturer's recommendations. d. Transport and operation speeds shall be within the maximum limits established for the site. e. After the protection of public safety, the preservation of site equipment, appurtenances, infrastructure, and public activities shall be paramount. f. Debris from operations shall not be allowed to compound existing conditions on hard surfaces and public access areas. All debris deposited on these areas as a result of the Contractor's work shall be cleared from hard surfaces and public access areas before leaving the site that day. g. The contractor shall remedy hazardous materials on site which result from Contractor's work and shall properly dispose of the materials off-site. The contractor shall notify all appropriate agencies. h. Malfunctioning equipment shall only be left on site with barricading, tagging, and reasonably supervising it until repairs are affected. In no case shall the equipment be left on site overnight. i. During all operations, the Contractor shall be subject to local ordinances regarding noise levels (see NOISE in Santa Ana Municipal Code). Any scheduling of the Contractor's operations may be modified by the City at no additional compensation to the Contractor to ensure that the public is not unduly impacted by the noise of equipment or operations. j. Fuels and additives shall not be left exposed or accessible to patrons. k. Fueling and repair operations shall be performed off of turf areas and away from patron activity, I. All pesticides shall be handled appropriately and safely. 3.3 Vehicles and Equipment 3.3.1 The contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment. 3.3.2 The contractor shall immediately repair or replace all equipment deemed by the CR(s) to be unsafe, irreparable, or in unsatisfactory condition. 3.3.3 The contractor shall provide and properly maintain all necessary vehicles and equipment including, but not limited to: vehicles, mowers, edgers, saws, blowers, water hoses and City Council 16 — 83 7/7/2026 nozzles, squeegees, and high-pressure/low-volume sprayers. 3.3.4 All vehicles shall display Contractor's name with an approved City service statement visible, such as: X.Y.Z. Contracting, Inc. Serving the City of Santa Ana A prototype of the magnetic placard shall be submitted to the City for approval within 30 days of the award of the Contract,with the placement of the placards on all vehicles operating within the City limits to take place within 60 days following the recognition of the Contract. 3.3.5 All equipment shall receive scheduled preventive maintenance to promote equipment reliability and ensure optimum performance at all times. 3.3.6 All equipment is subject to CR's approval. 3.3.7 Equipment failures that happen more than three (3) times in one (1) month will be subject to deductions and a directive to replace the unreliable piece of equipment. 3.3.8 In preparing the proposal, the Contractor shall consider the following conditions pertaining to the vehicles and equipment utilized in the completion of the specified maintenance tasks: a. The City Council of Santa Ana is considering banning all fuel-powered (e.g., gasoline, methanol) leaf blowers. The contractor will not receive additional compensation should such a ban be implemented before or after the award of the Contract. b. Mowers utilized for the hybrid Bermuda athletic turf must be dedicated solely to that hybrid Bermuda grass to prevent contamination. c. A self-contained power scrubber unit shall be required to perform washing and steam-cleaning operations. The contractor shall meet all specified criteria as outlined in Section 22.2 of the Specifications in Appendix B. All wastewater recaptured by such a unit must be disposed of in a sanitary sewer approved by the City. 3.3.9 The contractor's vehicles may be permitted to drive on turf when conditions allow following specific routes designated by the CR(s). Areas designated as "unavailable for vehicle travel," such as natural habitat areas, shall be serviced by other means. 3.3.10 The City shall provide, if possible, a storage area(s)at those sites that are not immediately accessible to Contractor's vehicles. (If a storage yard is unavailable the contractor shall have a storage facility close to the City of Santa Ana to impact the maintenance). 3.3.11 Larger vehicles may be allowed in the performance of non-regular maintenance tasks, with the approval of the City. 3.4 Locks and Keys 3.4.1 Access to City facilities shall be in accordance with instructions, keys, and/or security cards issued or provided by the CR(s). Access may include special instructions about security systems installed at facilities. The contractor shall take all reasonable precautions to ensure that the security of the facilities and internal equipment, furnishings, and other items are always maintained. 3.4.2 The City may develop an initial chain and lock system with a specific number of City Council 16 — 84 7/7/2026 replacement locks for trash containers, restrooms, gates, valve/pump cover boxes, and controllers. The contractor shall be responsible for purchasing similar locks upon the loss of any City-owned locks initially provided to the Contractor. The City shall exchange, one- for-one, locks that have been vandalized or are inoperable. 3.4.3 Contractor may provide a chain and lock system, at Contractor's expense, for trash containers located throughout the site to secure and limit the removal or tipping of the containers. 3.4.4 The Contractor shall be responsible for the series of keys assigned to it and assign these keys to its personnel to maintain the facilities. The contractor shall be responsible for the proper use and safekeeping of all keys issued by the City to the Contractor. 3.4.5 Contractor shall report all lost or stolen keys to the City representative(s) within twenty- four(24) hours of discovering the loss. The contractor shall reimburse the City for the total cost of re-keying the facility or duplicating additional keys, as determined by the City. 3.4.6 Upon termination or cancellation of the Contract, Contractor shall immediately return all keys, cards, remote controls, etc., to the City. 3.4.7 California law stipulates that it is unlawful for a person to duplicate any keys without the owner's permission. The penalty for violation of this law is either six (6) months imprisonment or a fine of$500.00, or both. 3.5 Service Yard and Storage Area(s) 3.5.1 The City, at its discretion, may provide storage and office facilities for Contractor's use. In such cases, the Contractor is prohibited from using said facilities to conduct any of its business outside the scope of the Contract. Further, said facility shall not be used for human habitation, other than a night watchman or patrol service as specifically approved by the City. 3.5.2 CR(s) shall identify and authorize Contractor to use a designated area, if available, exclusively or shared with City, for onsite storage as needed. If the designated area is shared with the City, Contractor shall identify equipment, materials, and supplies belonging to Contractor. If the City provides an area, the Contractor is responsible for securing and providing the CR access. The contractor shall safely store all supplies and compliance with all laws and regulations. 3.5.2J The contractor may not store any trash, litter, or recyclable material at the facility or in any vehicle for a period of over 24 hours. Notwithstanding the foregoing, the Contractor must conduct all operations at the facility in compliance with all applicable laws and regulations so as not to create a nuisance. 3.5.2.2 The contractor shall not "stockpile" hazardous materials in any quantities at the facility and shall not maintain any amount of such material at the facility greater than that which Contractor plans to use within the following 30 days. Notwithstanding the foregoing, the Contractor shall sometimes store all hazardous materials in compliance with all applicable state and federal laws and regulations. City Council 16 — 85 7/7/2026 3.5.2.3 The contractor shall not dispose of hazardous material on the site. All such hazardous materials collected on the site shall be appropriately stored temporarily, after that to be disposed of by Contractor at an approved disposal site, per California statutes. 3.5.3 Contractor, at its own risk, may store equipment and materials required for maintenance in said facility, providing the City has agreed to provide such facility. However, the Contractor must always use safety standards and handling procedures as applied to such equipment and materials. This contract assumes minimal facilities for the Contractors' vehicles and equipment. 3.5.3.1 City shall not be liable for damage or loss to Contractor's equipment, materials, and/or personal property. The contractor shall hold City harmless and waive any claims for damage for loss of use of any equipment, materials and/or property that may occur at City facilities. 3.5.4 Contractor shall maintain the service yard and/or storage area(s) in a clean, weed-free, well-organized manner in keeping with the highly visible nature of the surrounding area. Failure to do so may result in the Contractor's loss of the use of the storage area(s). 3.5.4.1 The service yard and/or storage area(s) occupied by Contractor shall be cleaned and swept once per week and the sweepings disposed of in a lawful manner. 3.5.4.2 Contractor shall remove all undesirable material including, but not limited to, trash, accumulated debris, and equipment that is no longer usable for the purpose it was intended for, from the service yard and/or storage area(s). 3.5.5 The City may inspect service yard and/or storage area(s)for compliance anytime at City's discretion. 3.5.6 Upon expiration or termination of Contract, Contractor shall restore service yard and/or storage area(s) to its original condition. Nothing contained herein which permits Contractor to use designated space shall be deemed or construed as a lease of space, but shall be a mere right to use. 3.6 Utilities The City shall pay for the installation and use of all utilities at these sites,with the exception of the Contractor's telephone hookup and service. 3.7 Traffic Control 3.7.1 When working in road rights-of-way, Contractor shall comply with all procedures and requirements specified in the State of California (CALTRANS) Manual of Traffic Controls for Construction and Maintenance Work Zones and within the confines of applicable OSHA requirements. 3.7.2 Contractor shall cooperate with the Santa Ana Police Department (SAPD) relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of vehicles. If required, the contractor shall obtain an encroachment permit for any partial or complete lane closure. All work that requires traffic City Council 16 — 86 7/7/2026 controls will need to comply with the current WATCH manual. 3.7.3 When entering or leaving roadways carrying public traffic, Contractor's equipment, whether empty or loaded, shall in all cases, yield to public traffic. 3.7.4 Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or WATCH Book). Lighted signs or arrow boards are required as needed. 3.8 Bloodborne Pathogens and Biohazardous Material The contractor's staff shall be aware of potential exposure to bloodborne pathogens through hypodermic needles, blood and feces, and shall wear personal protective equipment. Contractor shall treat hypodermic needles, large quantities of feces, and any rags, paper towels, or other materials containing blood as biohazardous material. Only individuals trained in the removal and disposal of such material shall do so. Contractor shall immediately notify the appropriate authority upon the discovery of such occurrences. Contractor shall secure the affected site until such time that the appropriate authority can respond. See California statutes and guidelines for process. 3.9 Accident Reporting and Site Securing Contractor shall immediately notify the designated CR(s) of any accident, regardless of whether or not injury or damage is evident, involving park patrons, City staff and equipment, and Contractor's staff, vehicles, and/or equipment shall secure the site until rendered safe. Contractor shall provide all written reports and/or documentation requested by the City. 3.10 Vandalism The contractor shall report any damage to City property, including but not limited to vandalism,Acts of God, and third-party negligence to the CR.Via email, phone call, or message as determined by CR. 3.11 Cooperation /Collateral Work The City and other contractors will conduct on-going activities and operations during Contractor's work. These activities will include but are not limited to landscape refurbishment, irrigation system modification or repair, construction and storm-related operations. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by the Contractor as a result of the City's work. Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the CR(s)to cooperate. 3.12 Protection of Existing Facilities and Structures The contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities, both above surface and underground, on the City's property. 3.12.1 Any damage to City property deemed to be caused by Contractor's negligence or failure City Council 16 — 87 7/7/2026 to use due care shall be corrected or paid for by Contractor at no additional cost to the City. 3.12.2 If the City requests or directs Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release Contractor's duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City. 3.13 Protection of Property During Inclement Weather(Emergency Res onse During storms and periods of excessive rainfall, and in conjunction with Emergency Call-Outs(below), Contractor shall provide supervisory inspection of the work during regular working hours to prevent or minimize possible damage from such adverse weather. The prime factors in assigning work shall be the safety of the workforce and damage to landscaping. 3.13.1 Contractor shall submit a report identifying any storm damage to the CR(s) and attach a site map identifying location of damage and cost estimate to repair/replace within 48 hours. 3.13.1.1 Report shall contain photos with captions. 3.13.1.2 If remedial work is required beyond the scope of this Contract, it shall be paid for as AEW. 3.13.2 Contractor shall remove debris accumulated by high winds or other typical or non-typical environmental conditions. The contractor shall remove minor silt and debris from athletic fields, V- ditches, adjacent inverts, storm drains, etc. 3.13.3 During the periods that excessive rainfall hinders normal operations, the Contractor shall adjust its activities to perform functions such as litter and debris pick-up, remove downed limbs, clear drains and other duties as deemed necessary by the CR(s). 3,13.3.1 During periods of excessive rainfall,the Contractor shall keep all area drains and draining facilities clear and operating and remove water from all tot- lot areas, if directed. 3.13.4 Failure to adjust the workforce to show satisfactory progress, as determined by Contractor and CR(s)jointly, on the work may result in a deduction of payments. 3.14 Emergency Numbers and Emergency Call-Outs 3.14.1 Contractor shall supply the City with name(s) and phone number(s) of person(s) representing the Contractor for 24-hour emergency response, seven (7) days per week. 3.14.1.1 The City will, in turn, provide Contractor its emergency contact information so that in the event Contractor must contact the CR(s), this information can be utilized. 3,14.2 Contractor shall have the capability to receive and to immediately respond to calls of an emergency nature during normal working hours and during hours outside of normal working hours (See Section 2.3.1.k). Contractor shall be available via voicemail, text, phone, or answering service. The aforementioned information shall remain current at all City Council 16 — 88 7/7/2026 times. 3.14.2.1 Contractor shall respond by phone within 30 minutes of a call from the CR(s), and shall be on site within 30 minutes of the call back. Any changes to contact information shall be forwarded to the City in writing within 12 hours of any such change. 3.14.2.2 In situations involving emergencies after normal work hours, Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour. 3.14.2.3 Calls of an emergency nature received by the City shall be referred to Contractor for immediate disposition. 3.14.3 If emergency work is required, the Contractor shall notify the CR(s) by telephone before any emergency work is commenced. 3.14.4 Contractor's vehicle shall carry sufficient equipment to control traffic (barricades, delineators, cones, etc.). 3.14.5 When the Contractor arrives at the site, Contractor shall set up traffic warning and control devices and any other safety devices, if deemed necessary, and proceed with remedial action after contacting the CR(s). 3.14.7 Public health/safety matters requiring an emergency response include but are not limited to: any portion of the irrigation system functioning in a non-operational manner, broken water mains, stuck valves, the threat to private property resulting from Contractor's operations,fallen trees,down or hanging limbs, natural disasters, etc. 3.15 Contractor's Staff The contractor shall provide sufficient personnel to perform all work by the Specifications set forth herein and in Appendix A, B, C, and D. This is a performance-based Contract. 3.15.1 In its proposal, the Contractor shall define the minimum staffing. It is up to the Contractor to complete all tasks as defined, regardless of staffing, but they shall maintain at least the minimum staffing, as stated in their proposal, at all times. 3.15.2 In its proposal, the Contractor shall list the names of all employees, titles, hours and which location/area each employee is assigned. DIR reporting sheets will be used to verify staffing levels by area. 3.15.2.1 Each crew of Contractor's employees shall include at least one (1) individual who speaks and comprehends the English language at a professional level. 3.15.3 The City may, at any time, give Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City or public. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter, and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employee(s)will not be detrimental to the interest of the City or public. Examples of employee conduct or action that prove detrimental to the interest of the City of public include, but are not limited to: City Council 16 — 89 7/7/2026 • Unprofessional behavior • Misleading or false statements • Misrepresentation of work accomplishments • Illegal activities i City Council 16 — 90 7/7/2026 3.15.4 Contract-designated staff employees shall not work on supplemental tasks (AEW) during regular work hours. If worked during regular hours, additional staff will be required, contracted work shall not experience any reduction in frequencies or quality. 3.15.5 Contractor shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and the public the name of the Contractor. The identification system shall be furnished at Contractor's expense and may include appropriate attire and name badges as specified by the City. 3.15.6 Contractor shall require each of its employees to adhere to basic standards of working attire, including full uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. 3.15.6.1 Employee pants, shirts, jackets, and sweatshirts must be uniform. Shirts, I jackets, and caps used as uniforms shall bear Contractor's identification logo. 3.15.6.2 Shirts shall be worn at all times, and shall be buttoned and tucked-in. 3.15.6.3 No caps with insignias or designs other than Contractor's logo may be worn, and no caps shall be worn backwards. 3.15.6.4 The City shall approve Contractor's uniform prior to the start of the Contract. 3.15.7 The City expects Contractor's staff to turn into CR(s) all items that have been lost or misplaced by the general public, regardless of perceived value. Contractor shall communicate this expectation to all employees. All items must be returned to the Tree Farm (7600 E. Spring Street, 90815) and have an accompanying landscape area ID and date. 3.16 Work and Workmanship Contractor shall thoroughly complete each task in a professional and workmanlike manner, and shall use quality equipment and materials that comply with all current regulations to complete the scope of work at the proper standards. The safety of workers, passersby, and the public shall be paramount. Contractor shall not work or perform any operations, particularly during periods of inclement weather,which may destroy or damage ground cover, sports, or turf areas. During the periods when inclement weather hinders normal operations,Contractor shall adjust its work force and schedule. Contractor shall immediately notify the City when the work force has been removed from the job site due to inclement weather or other reasons. Supervision and Special Skills The contractor shall assign a supervisor for the north, south, Civic Center, and Zoo districts, as proposed in the labor summary,who will be authorized to act on behalf of the Contractor and who will work regularworking hours for the duration of this Contract. He/she shall have at least five(5)years of experience in landscape maintenance supervision. The contractor,and Contractor's staff, must have horticultural expertise and a broad range of experience in plant care and maintenance, including California native and southwest-adapted plants, turf management, entomology, pest control, soils, fertilizers, plant identification, and irrigation system maintenance. The contractor's supervisor shall be capable of communicating effectively both in written and spoken English and have experience in park maintenance projects of the type found in the City of Santa Ana. All supervisors and acting supervisors shall be outfitted by Contractor with a portable personal communication device capable of transmitting and receiving phone calls from anywhere. The crew leader and/or supervisor needs to be available during working hours to meet the CR on any given issue at any service location. Should this individual change, the CR(s) must be notified in writing within five (5) days of the change. City Council 16 — 91 7/7/2026 i 3.17 Management and Enforcement 3.17.1 The contractor has the responsibility of providing fully trained and qualified personnel. The CR(s) at each site shall closely monitor the staff activity to detect operational irregularities and non-compliance with contractual requirements. 3,17.1.1 Enforcement is the responsibility of the Contractor, not the City. 3.17.1.2 All specifications shall be managed by the Contractor to ensure the standards are being met. 3.17.2 It is Contractor's responsibility to see that the organization oversees all activities. Furthermore, the Contractor must ensure that standards are met and do not delay, ignore, or otherwise limit its contractual obligations. 3.17.3 Before initiating any task, each site shall be inspected by a knowledgeable and responsible employee of the Contractor, who shall determine the practicality of initiating the operation. Upon the Contractor's determination of the impracticality of initiating the operation, the City shall be consulted. The City's decision shall be final. 3.18 Contact with Minors The contractor providing services at any City location shall provide the City with a list of all persons over the age of eighteen (18)who will be working at such locations. State law provides that the Contractor shall fingerprint all such persons referred to herein and shall obtain criminal history information pursuant to California Penal Code 11105 or 13100 for each individual. Priorto the award of the Contract,Contractor shall provide written verification that all persons, as referred to herein, have not been convicted of any offense involving moral turpitude, nor any offense as specified in Penal Code 11105.3(g), nor any offense relating to the type of services to be performed as determined by the City. Contractor shall pay the costs incurred with the fingerprinting and obtaining the criminal history information. Any misrepresentations with respect to Contractor's obligations under this section or failure to comply with the requirements as stated herein shall constitute a breach of the contract thereby giving City the right to terminate the Contract immediately. Contractor shall indemnify the City for any such breach of this section. City Council 16 — 92 7/7/2026 SECTION 3 EXECUTION OF WORK 4.1 Subcontracting No performance of this Contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this Contract without said consent shall be null and void and shall constitute a default under this Contract. In the event of such a default, the City may immediately terminate this Contract. In the event the City should consent to assignment or subcontracting, each term and condition of this Contract shall extend to and be binding upon and inure to the benefit of the assigns, successors or administrators of the respective parties. In the event that the City should consent to subcontracting,the Contractor shall include in all subcontracts the following provision:"This Contract is a subcontract under the terms of a prime Contract with the City of Santa Ana. All provisions of that prime Contract shall apply to this subcontract." The Contractor shall indemnify, defend, and hold harmless the City and its employees from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees. 4.2 Contractor Hiring The City encourages Contractor to create new jobs for low or moderate-income persons and Santa Ana youth for its operations under this Contract. Contractor agrees that it shall use good faith efforts to create such new jobs. All qualification and hiring decisions will be made by Contractor. The contractor agrees that it will reasonably cooperate with the City through the City of Santa Ana's Training and Employment Development Officer and staff with respect to recruitment, screening and tracking of employees. In implementing these efforts, such Officer and staff will provide to Contractor, at no cost, pre-screening and pre- qualification of all potential job applicants. Such services include assisting with community outreach to recruit qualified job applicants and conducting pre-screening of all potential job applicants and conducting pre-screening sessions to determine the most qualified applicants for jobs. 4.3 Notice Requirements (for purposes of non-performance or otherwise) Notice shall be in writing,as a work order,and submitted via email to the Contractor and Director of PRM. Notice shall be given on the date shown on the email. Change of email address shall be given in the same manner as other notices. 4.4 Default bV Contractor I Termination Notwithstanding and in addition to payment deductions for Contractor's deficient performance described within Section 2.3.1 (e) of the RFP, the City may terminate this Contract without liability for damages when, in the City's sole opinion, the Contractor is not diligently performing or otherwise not complying in good faith with the Contract, has become insolvent, has assigned or subcontracted any part of the work without the consent of the City, or has otherwise defaulted in the performance of the Contract, and has not otherwise cured such default after a period of ten (10) days' notice given by the City to do so. Suppose a default situation occurs as a result of the Contractor's non-performance and/or non-compliance to the specifications and requirements herein or any other work applicable under this Contract. In that case, Contractor City Council 16 — 93 7/7/2026 agrees that the City may withhold payment or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. If the City terminates the Contract,the City will give notice to that effect to the Surety and Surety shall, within five (5) business days of delivery of the notice, assume control and perform the work as successor to the Contractor, and shall be paid by the City for all work performed. If the Surety does not comply with such notice within said five(5)day period or, after starting to comply, fails to continue, the City may exclude the Surety and the Contractor from all City facilities and have the work completed by City employees, by another Contractor, or by a combination of such methods. All costs incidental to the default of the Contractor shall be charged to the Contractor and the Surety, and may be deducted from any monies due the Contractor. Surety shall pay,within fifteen(15) calendar days of receipt of an invoice, all such incidental costs less any amount deducted from monies due. 4.5 Temporary Suspension of Work The City Representative(s) (CR)shall have the authority to suspend work by the Contractor,wholly or in part for such period as necessary due to unsuitable work conditions,failure of Contractor to carry out directions, unsafe or hazardous conditions, or failure to perform in accordance with these provisions. The Contractor shall request permission of the CR(s), during City business hours, to temporarily suspend work wholly or in part for such period as necessary due to unsuitable, unsafe, or hazardous work conditions or failure of the City to notify the Contractor of changes in locks, security codes or access to facilities being cleaned. 4.6 Damage Caused by Contractor All damage to existing facilities caused by Contractor shall be repaired or replaced at Contractor's sole expense. All such repairs or replacements shall be completed within the time limits specified by the City below: a. Irrigation damage shall be repaired or replaced within one (1) watering cycle or 24 hours. b. All damage to shrubs, trees, turf or ground cover shall be repaired or replaced within five (5) working days. c. All damage to appurtenances shall be replaced within a period of 30 days. All repairs or replacements shall be completed in accordance with the following maintenance practices: a. Trees: All damage, including minor damage, such as bark lost from impact of mowing equipment or string trimmers, shall be subject to replacement with a tree comparable in species and size, as approved by the City, within 30 days. b. Shrubs/Ground Covers: All damage shall be subject to replacement with a shrub or plant comparable in species and size, as approved by the City, within 30 days. c. Appurtenances: All damage caused by Contractor to components of the facilities or grounds, including but not limited to benches, picnic tables, permanent chairs, irrigation heads, valves, valve boxes, controller boxes, concrete walks, railings, fencing, and gardens shall be corrected at Contractor's expense, within 30 days. 4.7 Non-Emergency Call-Outs Time and materials shall be charged for payment on a separate invoice and pre-approved by the City, (i.e. trash pickup generated by special functions)for those items outside of the normal scope of work. The time and material charges shall be in accordance with the submitted cost proposal. City Council 16 — 94 7/7/2026 4.8 Work Not Included Water and electrical billings, except in instances where excessive costs are incurred by the City due to water waste or negligence by Contractor, are not included in this Contract. If the Director of PRM, based upon all of the facts that may be gathered, determines that excessive water and/or utility costs have occurred due to Contractor's work,the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs. 4.9 Signs/ Improvements Contractor shall not post signs or advertising matter on City property unless prior written approval therefore is obtained from the City. City Council 16 — 95 7/7/2026 SECTION 4 ENVIRONMENTAL REQUIREMENTS 5.1 Environmental Requirements 5.1.1 Contractor shall ensure that all personnel whose responsibilities involve cleaning, waste disposal, or landscaping are trained in Best Management Practices, as set forth in the City's NPDES permit and Storm Water Management Plan. 5.1.2 In preparing its proposal, Contractor shall consider the following conditions pertaining to the completion of the specified maintenance tasks: a. Contractor must conduct all operations in accordance with the City's Storm Water Management Plan and State NPDES. b. Appurtenances must be cleaned by a method(s)which does not result in runoff going into any water body, gutter or storm drains. Only potable water may flow into any water body, gutter or storm drains. c. All wash water must be disposed of in a sanitary sewer. d. No litter, debris, oil, grease, green waste, or other materials and substances may be washed, swept, or blown into the street or storm drains. e. All liquids, including but not limited to, rinse water and cleaning agents, must be properly disposed of in compliance with all laws and regulations. No liquid or product of any kind may be discharged to a gutter, storm drain or paved surface where it could be carried to the storm drain system or to a water body. f. For washing operations, Contractor shall use (1) a high-pressure/low-volume sprayer using only potable water and no cleaning agents at an average use of .006 gallon of water per square feet of surface; or (2) a self-contained power scrubber, which recaptures all wastewater, cleansers, and debris. All wastewater recaptured by a self-contained power scrubber must be disposed of in a sanitary sewer approved by the City. 5.1.3 Contractor shall comply with the City's recycling efforts and program. a. Contractor is required to recycle green waste, keeping it separate from trash and other debris. 5.1.4 Contractor shall have an Integrated Pest Management policy/program in effect. 5.2 Refuse Disposal 5.2.1. Unless directed otherwise, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City City Council 16 — 96 7/7/2026 finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service 5.2.2 The City will provide the refuse bins and pay the costs of the disposal, however, the contractor shall dispose of all trash, litter, and debris collected (i.e. refuse) by Contractor in the performance of the daily maintenance tasks including refuse collection, green waste, debris, litter, trash, emptying of trash cans, and litter control. The refuse collected by the Contractor in the performance of these tasks shall be transported to a proper disposal site by the Contractor. 5.2.3 No trash, litter, debris, or green waste shall be permitted to be dumped from sites not on this contract, If the contractor is found to abuse the refuse bins, the contractor will assume the responsibility to dispose of and pay for all refuse costs for the remaining terms of the contract. 5.2.4 The contractor shall maintain logs or invoices showing Santa Ana address identifying its refuse collection and disposal activities and make those logs or invoices available to the City for inspection on reasonable notice. 5.2.5 The contractor will not be required to sort recyclable materials from trash and other refuse collected by the Contractor. Recyclable 'materials are the property of the City. 5.3 Hazardous Materials Use of any chemicals or hazardous materials by the Contractor in performing services shall be subject to approval of the City and shall be used in accordance with the manufacturer's directions and specifications. Contractor shall store and dispose of chemicals or hazardous materials in accordance with all laws, rules and regulations on the subject. Contractor shall defend, indemnify and hold harmless the City and its officials and its employees for all claims,demands,damage,causes of action,loss,liability,cost or expense relating to the Contractor's failure to comply with this section. 5A Sound 1 Noise Control Requirements Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, specifically Santa Ana Municipal Code 8.80 NOISE, that apply to any work performed pursuant to the Contract. 5.4.1 Each internal combustion engine used for any purpose for the work or related to the work shall be equipped with the type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated without such muffler. 5.4.2 The Santa Ana City Council is considering a ban on all fuel-powered leaf blowers. Contractor will not receive additional compensation should such a ban be implemented prior to or after the award of the Contract. 5.4.3 Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be paid. City Council 16 — 97 7/7/2026 SECTION 5 CHANGES TO THE CONTRACT 6.1 City's Right to do Work The City reserves the right to do work as required within the Contract Areas. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by Contractor as a result of the City's work. 6.2 Changes in Service 6.2.1 Special Events a. The areas contained in this Contract are frequently utilized for special events. Some of these special events (e.g., filming, carnivals, concerts, parades, etc.) will affect regular grounds maintenance operations for extended periods of time. In these instances, the City may request an alternative means of, or alternate schedules for, maintaining these areas. For example: mowing operations in some areas may not be possible due to a filming setup. In this instance, the City may request the Contractor to control the growth of weeds around the area in lieu of mowing, at no different or additional cost other than the amount proposed for mowing. b. Certain damage to turf, irrigation, and other landscaped areas may result from large special events. Contractor is not liable for the repair of such damage, but may be asked to perform said repair work as "Additional Work-." Prior to each large special event, the Contractor and the CR will jointly assess the conditions of the designated sites to establish a benchmark for any needed "Additional Work." 6.2.2 Construction Activity & Maintenance Functions a. In the event that construction activity prevents, or limits, Contractor from performing certain maintenance operations, the City, at its discretion, may remove, temporarily or permanently, the affected areas, or maintenance functions, from the Contract and the Contract price shall be reduced pro rata. 6.3 Special Requests Contractor may be requested by the City to perform special tasks that are not included in the normally scheduled work(i.e. citizen requests,coordination with utility locations,or special work orders relative to City functions). It is intended that the Specifications are indicative of the work to be anticipated by Contractor and will allow for reasonable additional work which is considered normal maintenance at no additional cost to the City in order to meet the objectives and criteria. 6.3.1 Soil and Plant Testing Upon request, Contractor shall perform soil or plant testing of selected areas for soil fertility, salt build-up, pathological organisms, percolation tests, etc. Contractor may be required to pay costs of tests if negative results are related to incorrect maintenance practices. These tests will be used to determine whether additional treatments are required. Tests will be requested by the CR(s). Payment shall be in accordance with Unit Work Costs in the cost proposal. City Council 16 — 98 7/7/2026 SECTION 6 CONTRACT ENFORCEMENT AND EVALUATION 7.1 Contract Enforcement 7.1.1 The contractor or its authorized representative shall meet on the site, as needed, at the discretion and convenience of the City, with a CR to do a site inspection as it relates to determining compliance with the Contract Specifications, site challenges, and/or developing a scope of work. All scheduled and periodic maintenance functions shall have a current status and completion date prior to this meeting and be documented on the electronic monitoring and work order system. Contractor's representative must be authorized to sign documents and make changes to the work. 7.1.2 The City reserves the right to perform inspections at any time to monitor performance. The contractor shall cooperate with the City, State, and Federal representative(s) in the review and monitoring of the Contractor's performance, records and procedures (see Section 7.2). 7.1.3 At the request of the City, the Contractor or its appropriate representative shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract, and description of City policies and procedures. 7.1.4 In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action. 7.2 Performance Evaluation 7.2.1 City staff shall perform site inspections each day at undisclosed times and at various service areas to determine if scheduled tasks are performed as specified. 7.2.2 If the CR determines that any required services are deficiently performed, incompletely performed, or not performed at the appropriate time as specified by the City, the City will give notice to the Contractor via work order or email to correct the deficiency, complete the performance, or perform within a time stated in the notice. If Contractor fails to correct deficiencies within that time, the City may: (a) deduct $300 from Contractor's payment a sum attributable to the deficiency; or(b) upon giving five (b) days' notice to the Contractor for failure to correct the deficiencies, City may correct the deficiencies. The costs incurred by completion of the work by an alternate source, whether it be City forces or another contractor, will be deducted from the payment to the Contractor from the City, as determined by the City. 7.2.3 A sum of $300.00 will be deducted from the base payment amount for each deficiency per occurrence. 7.2.4 City staff will perform these site inspections utilizing the City's contract performance management system on-site with portable electronic devices with a data connection. These devices allow for performance deficiencies to be documented immediately while completing, which will send a notification immediately to the Contractor. City Council 16 — 99 7/7/2026 CITY OF SANTA ANA 7.2.5 The action above shall not be construed as a penalty, but as an adjustment of payment to the Contractor to recover a portion of City costs due to the failure of the Contractor to complete or comply with the provisions of this Contract. City Council 16 — 100 7/7/2026 EXHIBIT B VARIOUS CITY SITE MAPS City Council 16 — 101 7/7/2026 hL z low. Irp a' 04i a - '1S �d4HM�N AIN ador LLJ City TT 9 � 1 9 4 ` Fr _ a r • • 1 1 • z a3 ca C m c o m Y 0 f0 �+ a a) U W C� u' w N N 11 o m rY o � a a: r Moll co �C `vim .� :� � ■ L � - ` t ' V ` - 4 10 + r r 1. + L. Ciiy Gouncil 16 — 26 _v _ z N d 9 Q O 7 L N U U m o N d � i E p n t m m Y > O a O d O , co U 75 U LL L Q • LL � ai 000 ® v � U L) :- b T 4ft a- _ -rr sac CUM nrl V t. i 0a ' 4 �f cit 6 .. 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O 7 N M 0 O LL � n. i U a m m C� T r-• 41 GJ � • ti L� Q Q a o Q G I: a 'Y R try W ` 4 r Ci16 - 113 71719626 mW Seger.strom Ave XW Carriage Dr 7 ) �O � 3 a) W Garry Ave Y'Garry A'1e m W fn _ o r m W Nloore Ave Ana River Bike Trail - !Alton Ave Rarto�rnerr e - Slackhawk Dr = to a a rook Dr N a N id Rd w Mac Arthur Blvd City Council 16 — 114 7/7/2026 N_ N � � v Z C FD C 0 o a 7 T m C 7 U EO 'O 0 0 Y N LO+ o, _u o w -0 p �, a s C m in lL c f V m la N p . O d . 10 L w m Y m U` N 1 LL m 000 i r-7 tit �aT r l r d: I ] I y f •w - CI - 26 .cu CD 11 111 �z t n Jw .t r 1 V S f i .i r � FS tl5!'• z . _1 " r t. • i • m � ccu va ° �—m c � o c c a •� c Cf) cli ~ c o ® T act LL a � O U) v t, •1 I I-' 1 .rr iy r ;. CIty C—A—unrol 16 - 117 71719h26 I att' _ t xi Ar at's VON" lot �: `A •J Jq►'r � � � 'i< A.1y i '�� r +� 14V .:4ti a rner Ave - m , m CwK of ■ Z CD Oran�je Coon �r _C EL Hall OkVe M. m r M , W Ada OL w K-f CIO V RvA wpm N Segerstrom Ave City Council 16 — 119 7/7/2026 3 N V N N _ -p j 6. 7 of m N Y (Q o W n `6 d m a �, a' u m c7 1i m • o LL = it •�► �d �� �"� >kr yi 4 __�`i t '� i '' • 1 t 'R r n �S �r' � fit. � ' ei_�-=: •� .��i � .,�ili.�.y h� .,1R�� 14 - r it it 1.i 14, Cit - '' - •a �,. I •r.`: } to School - •; ��a '` ^p Qt IN Jero�Park"'�'�� f 104 Fadden Av W McFadden Ave Jerome Bike Trail City • • 1 • `y U r z ° E o ! .n a o m m = a o •' E a IL m a U o p O7 d �,+ U d V m C7 r ii 2 a C7 ti E � � O,- Og 020000 o h J. f_5 a i t. et Ts- • y Clt C r)i mail 6 M c 00 f° Y L O d U N LL L Y L V W. l4 %., . ; a. Y i t EL ,r.7y 4 , ri 4 r rr ti Ci iy CounGil 16 - 12326 a x �a d mo Y `O fC t0 a Cn CN v N v LL a m o � r Z � �,1 + we ; � c ;v- .rr� I _ i 44 Cit 26 Santa Ana PAAL Center Wr s .Alp , J� s �I k f I i j6e �sf City Council 16 — 125 7/7/2026 m = 01 r c Y Cl)Q v U ) O o o - U m oo d V c �p a t m _ Y fC n rn O �r o, « E a 0 Y d C E i o i U? y c Q d U CA m S d C7 �' u00 ;-1, 1 0 000 lC C lC o �/1 d)�5 - 1 r G .•, "'o a. --J t yy 1 Y - 71 16 1 Cit 6 r k f , --- • y '_ A 5 M � r � r mow► . I A M1 L ♦ Art N 7 ti N LL p p 3 cn O a o+ (n d �+ O Y fC o CL o rn d a 3p N a �- «+ Co ca N w `p tL a� U c t!) p LL N d u H p v • LL00a Q00 O JL a • �-�r r 1 Clt — Ann26 EXHIBIT C PRICING PROPOSALS/RATES City Council 16 — 129 7/7/2026 ADDENDUM 2-EXHIBIT I ATTACHMENT A-2 REVISED PROPOSAL PRICING DISTRICT 1 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Full Time EQUIPMENT MATERIALS TRIP CHARGE DUMPING,ETC. Acreage; Monthly Rate Yearly Rate Equivalents Cesar Chavez/Campesino 7 $ 10,500.00 $ 126,000.00 10 Edna 2 $ 6,750.00 $ 81,000.00 10 El Salvador 9 $ 13,600.00 $ 163,200.00 10 King St.Park' TBD $ 1,900.00 $ 22,800.00 Memory Lane 0.6 $ 1,850.00 $ 22,200.00 10 Riverview 8 $ 10,800.00 $ 129,600.00 10 Rosita 8 $ 12,000.00 $ 144,000.00 10 Other(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS TRIP CHARGE,DUMPING ETC.) Acreage" 17`h St.&Santa Ana River Triangle 0.69 $ 1,450.00 $ 17,400.00 10 Fairview Triangle 0.73 $ 1,450.00 $ 17,400.00 10 Annual Total $ 607300.00 $ 723,600,00 10 'Future Park DISTRICT 1:SANTA ANA LIBRARY Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage" Monthly Rate Yearly Rate Equivalents ETC. New Hope Libray 0.56 $ 1,950.00 $ 23,400.00 3 Annual Total $ 1,950.00 $ 23,400.00 3 DISTRICT 2 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time E UIPMENT MATERIALS TRIP CHARGE DUMPING ETC.) Equivalents loth and Flower Park' 1.7 $ 1,500.00 $ 18,000.00 12 Angels Community 1.7 $ 3,335.00 $ 40,020.00 12 Birch 2.4 $ 2,175.00 $ 26,100.00 12 Cabrillo 7.3 $ 6,420.00 $ 77,040.00 12 Cabrillo Tennis Center 7.6 $ 3,775.00 $ 45,300.00 12 Cheppa's 0.4 $ 675.00 $ 8,100.00 12 Eldridge 1.2 $ 2,000.00 $ 24,000.00 12 Fisher 1.5 $ 2,075.00 $ 24,900.00 12 French 0.2 $ 500.00 $ 6,000.00 12 Garfield 0.1 $ 325.00 $ 3,900.00 12 Mabury 5.5 S 3,560.00 $ 42,000.00 12 Mariposa 0.5 $ 800.00 $ 9,600.00 12 Morrison 5.9 $ 5,675.00 $ 68,100.00 12 Portola 9.1 $ 7,900.00 $ 94,800.00 12 Saddleback View 0.9 $ 1,550.00 $ 18,600.00 12 Santiago(including bike trail) 26 $ 19,825.00 $ 237,900.00 12 Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage 602 N.Garfield Street 0.2 $ 250.00 $ 3,000.00 12 Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage ETC. Garfield Community Center 0.2 $ 250.00 $ 3,000.00 4 Plaza Calle Cuatro 0.2 $ 275.00 $ 3,300.00 4 Sarah Mae Downie Herb Garden 0.1 $ 275.00 $ 3,300.00 4 Santa Ana Stadium 6.9 $ 6,500.00 $ 78,000.00 4 Willard Playground 0.2 $ 400.00 $ 4,800.00 4 Annual Total r $ 69,980.001 $ 839,760.00 12 City Council 16 - 130 7/7/2026 *Future Park DISTRICT 2:COMMUNITY DEVELOPMENT AGENCY Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate Full Time ETC.) Equivalents 2nd St from Broadway to Sycamore 0.1 $ 300.00 $ 3,600.00 2 4th St.from Ross to French 0.5 $ 285.00 $ 3,420.00 2 Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC. Acreage Monthly Rate Yearly Rate ) Equivalents NE corner of 3rd St.and Bush St. 0.8 $ 400.00 $ 4,800.00 2 312 N.Bush Street 0.1 $ 285.00 $ 3,420.00 2 Annual Total $ 1,270.00 $ 15,240.00 2 DISTRICT 3 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage* Monthly Rate Yearly Rate Full Time EQUIPMENT MATERIALS TRIP CHARGE DUMPING ETC. Equivalents Bristol/Tolliver Park* 1.1 $ 1,300.00 $ 15,600.00 3 Bomo Koral 11 $ 9,250.00 $ 111,000.00 12 Delhi 10.4 $ 9,250.00 $ 111,000.00 12 Lillie King 9.6 $ 9,000.00 $ 108,000.00 12 Madison 6 $ 6,785.00 $ 81,420.00 12 Memorial 15.5 $ 13,340.00 $ 160,080.00 12 Maple Occidental Exercise Park 0.43 $ 825.00 $ 9,900.00 3 Pacific Electric 1.4 $ 1,250.00 $ 15,000.00 5 Sandpointe(including paseos) 7.7 $ 6,925.00 $ 83,100.00 12 Segerstrom 1.2 $ 1,2S0.00 $ 15,000.00 3 Standard and McFadden Park 0.64 $ 825.00 $ 9,900.00 3 Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate ETC. Flower Trail(Flower/Warner to Flower/Sunflower) 1.5 $ 3,190.00 $ 38,280.00 5 Pacific Electric Trail(Chestnut/Maple to Alton/Bristol) 3.S $ 7,100.00 $ 95,200.00 5 Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage Monthly Rate Yearly Rate 300 S.Main Street 0.4 $ 845.00 $ 10,140.00 3 1022 S.Main Street 0.1 $ 845.00 $ 10,140.00 3 Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate ETC. Roosevelt/Walker Comm.Center 1.3 $ 2,385.00 $ 28,620.00 5 Unused Property(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate ETC. 625 S.Cypress-Cypress Fire Station 0.17 $ 825.00 $ 9,900.00 3 Annual Total $ 75,190.00 $ 902,280.00 12 *Future Park DISTRICT 3:COMMUNITY DEVELOPMENT AGENCY Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate Full Time ETC.) Equivalents Carnagie Homeless Shelter TBD Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage NE corner of 3rd St.and Bush St. 0.8 district 2 312 N.Bush Street 0.1 district 2 Annual Total I I -d City Council 16 — 131 7/7/2026 DISTRICT 4 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Full Time EQUIPMENT MATERIALS,TRIP CHARGE DUMPING ETC. Acreage Monthly Rate Yearly Rate Equivalents 1st/Mountain View Park' 1.7 $ 1,500.00 $ 18,000.00 3 Adams 7 $ 8,2S0.00 $ 99,000.00 13 Centennial 87 $ 22,775.00 $ 273,300.00 15 Ed Caruther's Park` 1.1 $ 1,650.00 $ 19,800.00 3 Friendship 0.1 $ S00.00 $ 6,000.00 3 Heritage 8 $ 8,800.00 $ 105,600.00 13 Jerome 14 $ 10,100.00 $ 121,200,00 13 Santa Anita 5 $ 7,000.00 $ 84,000.00 13 Thornton 35 $ 17,300.00 $ 207,600.00 15 Windsor 12 $ 9,3S0.00 $ 112,200.00 13 Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate Equivalents ETC. Bear Street(Segertrom Ave.to MacArthur Blvd.) 0.49 $ 1,300.00 $ 15,600.00 5 Greenville Street(North of Hall Ave.to 5egerstrom Ave.) 0.38 $ 1,500.00 $ 18,000.00 5 Jerome(Monte Vista Ave to McFadden Ave) 0.25 $ 1,200.00 $ 14,400.00 5 MacArthur Blvd(Santa Ana River Trail to MacArthur Blvd) 0.06 $ 1,100.00 $ 13,200.00 5 St. Andrew Pl./St.Gertrude Pl. 0.18 $ 1,100.00 $ 13,200.00 5 Raitt Street(Segertrom Ave.to Alton Ave.) 0.25 $ 1,2S0.00 $ 15,000.00 5 Other(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC.) McFadden Triangle 0.94 $ 2,000.00 $ 24,000.00 5 Annual Total $ 96,675.00 $ 1,160,100.00 15 "Future Park DISTRICT 4:SANTA ANA POLICE DEPARTMENT Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage' Monthly Rate Yearly Rate Equivalents ETC. Santa Ana PAAL Center 0,52 $ 1,400.00 $ 16,800.00 5 Annual Total $ 1,400.00 $ 16,800.00 S CIVIC CENTER CIVIC CENTER (MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate Equivalents ETC. $ 48,449.00 $ 581,376.00 9 Annual Total $ 48,448.001 $ 581,376.00 9 SANTA ANA 200 ZOO (MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC.) Equivalents 20 $ 4S,120.00 $ 541,440.00 7 Annual Total $ 45,120.00 $ 541,440.00 7 City Council 16 — 132 7/7/2026 l NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEiMENT TO THE CLERK OF THE COUNCIL Contractor DMS Facility Services, LLC Name: Project TBD (3) Number: Project TBD (3) Name: The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: TYPE OF INSURANCE POLICY EXPIRATION COI DATE FILE NUMBER DATE NAME 23-24 DMS - AUTOMOBILE LIABILITY AS6691458727073 10/01/2024 09/26/2023 City of Santa Ana(5).pdf 23-24 DMS - GENERAL LIABILITY TB2691458727083 10/01/2024 09/26/2023 City of Santa Ana(5).pdf PROFESSIONAL LIABILITY WAVER 02/05/2025 02/05/2024 COI Letter.pdf WORKERS COMPENSATION AND 23-24 DMS - EMPLOYERS'LIABILITY WA769D458727063 10/01/2024 09/26/2023 City of Santa Ana(5).pdf No further action is required at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/12/2024 11:23 AM City Council 16 — 133 7/7/2026 712/10/2025 E(MM/DD/YYYY) ACORN® CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jenna Gent HUB International Great Plains, LLC PHONE FAX 11516 Miracle Hills Drive A/c No EXt: 402-964-5400 A/c,No: E-MSuite 100 ADDRESS: jenna.gent hubinternational.com Omaha NE 68154 INSURER(S)AFFORDING COVERAGE NAIC# License#:17808 INSURERA: Liberty Insurance Corporation 42404 INSURED DMSFACI-02 INSURERB: Liberty Mutual Fire Insurance Company 23035 DMS Facility Services LLC INSURERC: First Liberty Insurance Corporation 33588 DMS Facility Services, Inc. 1040 Arroyo Drive INSURERD:Travelers Property Casualty Company of America 25674 South Pasadena CA 91030-2908 INSURERE:AIG Specialty Insurance Company 26883 INSURERF: Navigators Specialty Insurance Company 36056 COVERAGES CERTIFICATE NUMBER:227972612 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD B X COMMERCIAL GENERAL LIABILITY TB2-691-458727-085 10/1/2025 10/1/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE REMISES EaS(E. ED P occurrence $100,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fyl POLICY PECOT- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: BI/PD Deductible $100,000 C AUTOMOBILE LIABILITY AS6-691-458727-075 10/1/2025 10/1/2026 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ D X UMBRELLA LAB I X OCCUR CUP-6S829988-25-NF 10/1/2025 10/1/2026 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$1 n nnn $ A WORKERS COMPENSATION WA7-69D458727-065 10/1/2025 10/1/2026 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E Contractors Pollution CP016083633 10/1/2025 10/1/2026 Each Loss 1,000,000 F Liability CH25EXCZOMMMCIC 10/1/2025 10/1/2026 Aggregate 1,000,000 Excess Umbrella Ea Occ/Aggregate $5M/$5M DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: RFP No 23-151 -Landscape Maintenance.Additional Insured with respects to General Liability, including ongoing&completed operations,as required by written contract: City of Santa Ana, its officers,employees,agents and representatives. Additional Insured on a primary and non-contributory basis with respects to General Liability as required by written contract.30 days' Notice of Cancellation provided with respects to General Liability,Auto&Workers Compensation as required by written contract.Waiver of Subrogation in favor of City of Santa Ana with respects to General Liability,Auto Liability,and Workers' Compensation coverage. Digitally signed Tu Tran byTuTran Nguyen N u enDate:2 APPROVED ry �/ 15-5922-0800' 7 J 15:59:22-OB'00' By Tu Tran Nguyen at 3:58 pm,Dec 10, 2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attention: PWA-Parks, Fleet& Facilities 20 Civic Center Plaza, M-92 AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 �/��� 11 reserved. ACORD 25 R� y/�puncil The ACORD name and logo are relPtered��rks of ACORD 7�7�2� 6 DMS Facility Services,LLC Policy Term 10/1/2025 - 10/1/2026 Business Auto Policy Policy Number: AS6-691-458727-075 Issued By: :he First Liberty :nsurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided uncle,the following- BUSINESS AUTO COVEPAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTON10BILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s)/ Email Address or mailing Number Organization(s): address: Days Notice: broker will provide iist of 30 organizations and contacts at least 10 days prior to the advanced notification date A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any. before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notifcationi will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 V 2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. City Council 16 — 135 7/7/2026 DMS Facility Services LLC Policy Term 10/1/202�40/1/2026 Business Auto Policy Policy_ No. AS6-691-458727-075 e. Carry-over balances from previous loans or leases. This coverage is limited to a maximum of$1,500 for each covered "auto". XXILLIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY- NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER, IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph B.7.of SECTION IV- BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or"loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV- BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any"insured"who is not a resident of the United States. XXIII.WAIVER OF SUBROGATION Paragraph A.5! in SECTION IV- BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of"accident", to waive rights of recovery against such person or organization. City Council Includes copyrighted material or Insurance SeWi es 6W Inc.,with its.per_mission. 7/7/2026 DMS Facility Services,LLC Policy Term 10/1/2025-10/l/2026 Commercial General Liability Policy Number TB2-691-458727-085 Issued by LIBERTY MUTUAL FIRE LtiSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance prcvidec under the following BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY-UMBRELLA COVERAGE FORM Schedule j Name of Other Person{s)/ Email Address or mailing address: Number Days Notice: O�anization(sJ: Brcker will provide list of 30 organizations and contacts at least 10 days prior to the advanced netifieaGon date A. If we cancel this policy for any reason othe, than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or ma:6ng address listed above at least 10 days,or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notfication will not extend the policy cancellation date nor negate cancel ation of the Dol cy. All othe.-terms and conditions of this policy remain unchanged. LIM 99 01 05 11 Oc 2011 Liberty Mutual Group of Companies.All rights reserved. Page 1 of 1 includes copyrighted material of Insurance Services Office, Inc.,with its perm;ssion. City Council 16 — 137 7/7/2026 DMS Facility Services,LLC Policy Term 10/l/2025-10/l/2026 Commercial General Liability POLICY NUMBER: TB2-691-458727-085 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION r This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only with work, on the project (other than service, respect to liability for "bodily injury', "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury' on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions;or completed;or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its in the performance of your ongoing operations for intended use by any person or organization other than another Contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III—Limits Of Insurance: law; and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured will amount of insurance: not be broader than that which you are required 1. Required by the contract or agreement; or by the contract or agreement to provide for such additional insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury' or applicable Limits of Insurance shown in the "property damage"occurring after: Declarations. SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): As specified in a written agreement which is signed in N/A advance of the"occurrence"or offense for which the additional insured seeks coverage. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. CG 20 10 04 13 0 Insurance Services Office. Inc., 2012 Page 1 of 1 City Council 16 — 138 7/7/2026 DMS Facility Services,LLC Policy Tenn 10/l/2025-10/l/2026 Commercial General Liability Policy No.TB2-691-458727-085 COfv AERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETEDOPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to tnese include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury' or If coverage provided to the additional insured is "property damage" caused, in whole cr in part, by required by a contract or agreement, the most we your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of 1. The insurance afforded to such additional Insurance shown in the Declarations; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is Limits of Insurance shown in the Declarations. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As specified in a wrhen agreement which is signed in N/A advance of the "occurrence" or offense for which the additional insured seeks coverage. Information required to complete this Schedule, 0 not shown above. will be shown in the Declarations. CG 20 37 04 13 P Insurance Services Office, Inc.,2012 Page 1 of 1 City Council 16 — 139 7/7/2026 DMS Facility Services,LLC Policy Term 10/1/2025-10/1/2026 Commercial General Liability Policy No. TB2-691-458727-085 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 ®Insurance Services Office, Inc.,2012 Page 1 of 1 City Council 16 — 140 7/7/2026 DMS Facility Services Policy Term 10/1/2025-10/1/2026 Commercial General Liability Policy No.TB2-691-458727-085 (5) Punitive or exemplary damages,fines or penalties. C. The following definition is added to Section V—Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this Item 7. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 8. Newly Formed Or Acquired Entities A. Paragraph 3.of Section II—Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization.or (3) The end of the policy period whichever is earlier; b. Section I—Coverage A—Bodily Injury And Property Damage Liability does not apply to"bodily injury' or "property damage"that occurred before you acquired or formed the organization;and c. Section I -- Coverage B — Personal And Advertising Injury Liability does not apply to "personal and advertising injury'arising out of an offense committed before you acquired or formed the organization. B. The insurance afforded to any organization as a Named Insured under this Item 8. does not apply if a Broad Form Named Insured endorsement attached to this policy applies to that organization. Item 9. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this policy for injury or damage arising out of your ongoing operations or "your work" included in the "products-completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury' or "property damage" occurs, or offense giving rise to "personal and advertising injury'is committed subsequent to the execution of the written contract or agreement. Item 10. Knowledge Of Occurrence Or Offense Knowledge of an "occurrence" or offense by your agent, servant or"employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the "occurrence"or offense. LC 04 44 01 17 G 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc.,with its permission. City Council 16 — 141 7/7/2026 Workers'Compensation Policy No.WA7-69D-458727-065 NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Schedule Name of Other Person(s)! Email Address or mailing address: Number Days Notice: Organization(s): Schedule on file with the Schedule on file with the 30 company company All other terms and conditions of this policy remain unchanged. Issued To Effective Date Premium $ DMS Facility Services,LLC 10/1/2025-10/l/2026 WC 99 20 75 m 2016 Liberty Mutual Insurance Page 1 of 1 Ed. 12/01/2016 City Council 16 — 142 7/7/2026 Workers'Compensation Policy No.WA7-69D-458727-065 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 20.. of the California workers' compensation premium otherwise due on such remuneration. Schedule Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of$250 Person or Organization Job Description Where required by contract or written agreement prior to loss and allowed by law. Issued by Liberty Insurance Corporation 21814 For attachment to Policy Effective Date Premium S Issued to DMS Facility Services,LLC 10/l/2025-10/l/2026 WC 04 03 06 Page 1 of Ed:04/1984 City Council 16 — 143 7/7/2026 CITY OF SANTA ANA Risk Management a division of Human Resources �`" Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR PROFESSIONAL LIABILITY INSURANCE I> Loren R Dotts ("Representative"),attest that I am an authorized (Name and Title of Vendor Representative) representative of DMS Facility Services ("Company"), and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company, I represent and confirm the following, as relates to the agreement between Company and City of Santa Ana, agreement number 23-151 ("Agreement")to provide DMS Facility Services ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana, Company will not use the services of an expert necessitating professional liability/errors 11 &omissions liability insurance coverage in the performance of Services to,for,or on behalf of City of Santa Ana. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum professional liability insurance coverage as required in the Agreement, it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. December 10,2025 S ignatu Date Loren R.Dotts Print Name President _ Title (626) 831-5040 Loren. Dotts@dmsfacilityservices.com Contact Information,i e,Telephone Number and/or Email Address Affidavit of Exemption for Professional Liability Insurance 11.12.2024 City Council 16 — 144 7/7/2026 Exhibit 2 INSURANCE ON FILE A-2024-007-02 WORK MAY PROCEED UNIT L INSURANCE EXPIRES CITY CLERK DATE: FEB 2 0 2024 AGREEMENT WITH LANDSCAPE WEST MANAGEMENT SERVICES,INC. D' PWfl L2� TO PROVIDE GROUND MAINTENANCE SERVICES (jACfV"0(0) THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between Landscape West Management Services, Inc.,a California corporation("Contractor"),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. On October 20, 2023 the City issued Request for Proposal No. 23-151 ("RFP"), by which it sought Contractors to provide grounds maintenance services to City parks, bike trails, open spaces, and parking lots with assignment of the varied City districts to be assigned to the selected Contractors. A. Contractor submitted a responsive proposal that was amongst one of the four(4)vendors selected by the City.Contractor represents that it is able and willing to provide the services described in the scope of work that was included in the RFP. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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 Contractor 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 Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference for the Santa Ana Civic Center. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. The total aggregate sum for services, provided by all four (4) Contractors selected under RFP 23-151, shall not exceed $35,737,920 for the entire term of this Agreement, including any extension periods exercised by the parties,as detailed below. The annual aggregate amount, available to all the selected Contractors, shall not exceed $7,147,584,which includes a base annual amount of$5,228,320 plus a contingency of $1,919,264 for services to be exercised at the City's sole discretion. Pa(e 1 of 10 City Council 16 — 145 7/7/2026 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 Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the 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 Contractor'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 February 1,2024 for a three(3)year term until January 31, 2027, with the option for the City to grant up to two (2) one (1)year renewals, exercisable by a writing by the City Manager and the City Attorney,unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works"and"maintenance"projects. If the services being performed are part of an applicable "public works" or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor 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 Contractor performs the services which are the subject matter of this Agreement; however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. 6. 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 Page 2 of 10 City Council 16 — 146 7/7/2026 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives,employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage 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 S1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than$1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: 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 for bodily injury or disease. • Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Page 3 of 10 City Council 16 — 147 7/7/2026 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials,employees,and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance(at least as broad as ISO Form CG 2010 1185 or if notavailable,through the addition of both CG 20 10, CG 20 26,CG 20 33,or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation,but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor 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. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies(note—should be applicable only to professional liability,see below) If any of the required policies provide claims-made coverage: 1. The Retroactive Date must be shown,and must be before the date of the contract or the beginning of contract work. Page 4of10 City Council 16 — 148 7/7/2026 2. Insurance must be maintained and evidence of insurance must be provided for at least five(5)years after completion of the contract 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,the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the 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 City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 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. 8. INDEMNIFICATION Contractor 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 Contractor, 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 Contractor 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 Contractor's services are subject to Civil Code Section 2782.8, the above indemnity Page 5 of 10 City Council 16 — 149 7/7/2026 shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to,or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement: 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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. Page 6 of 10 City Council 16 — 150 7/7/2026 13. NON-DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 Contractor 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. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor 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 7of10 City Council 16 — 151 7/7/2026 17. 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. 18. 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. 19. PROFESSIONAL LICENSES Contractor 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. Contractor 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. 20. 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(1\4-21) Page 8 of 10 City Council 16 — 152 7/7/2026 P.O. Box 1988 Santa.Ana,California 92702 To Contractor: Landscape West Management Services, Inc. Attn: Michael Garibay,President 1234 N. Blue Gum St. Anaheim, CA 92806 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. 21. 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. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 9of10 City Council 16 — 153 7/7/2026 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written ATTEST: CITY OF SANTA ANA enmfer all Tomas R. I latch Interim City Manager APPROVED AS TO FORM CONTRACTOR: SONIA R CARVALHO City Attorney B Jonathan T Martinez% Michael Garibay Assistant City Attorney President RECOMMENDED FOR APPROVAL ' a y�. Nabil Saba, PE Executive Director Public Works Agency Page 10 of 10 City Council 16 — 154 7/7/2026 EXHIBIT A SCOPE OF SERVICES City Council 16 — 155 7/7/2026 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES TABLE OF CONTENTS I. GENERAL MAINTENANCE OPERATIONS A. General Operations 5 B. Specialty/ Sports Areas 6 1. Sand Court Areas 6 2. Hard Surface Areas 7 3. Bicycle Trails/AC Walkways 7 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails 7 5. Parking Lots, Bike Trails, and Roads 7 II. IRRIGATION A. General Information 9 B. Water Management 9 C. Maintenance 11 D. Repair 13 E. Personnel 14 F. Materials 14 III. TURFGRASS A. Maintenance—Overview 16 B. Inspections— Sports/Priority Turf 18 C. Casual Turf 18 D. Sports/Priority Turf 19 E. Renovation Process 21 IV. EDGING AND DETAILING A. General Specifications 23 V. GROUNDCOVER A. General Specifications 24 VI. SHRUBS City ouncil 16 — 156 7/7/2026 (9) CITY OF SANTA ANA A. General Specifications 26 VI I. VINES A. General Specifications 28 VIII. TREES A. General Specifications 29 B. Trees Under 15 Feet 30 IX. LAKE MAINTENANCE A. General Specifications 32 X. PEST CONTROL A. General Specifications 33 B. Procedure 33 XI. WEED CONTROL A. General Specifications 36 B. Weed Control of Hard Surfaces 36 C. Weed Abatement of Fallow or Undeveloped Lands 36 XII. LITTER AND DEBRIS MANAGEMENT A. General Specifications 38 B. Schedule 38 C. Pressure Washing 39 XIII. HOMELESS TASKS /CLEANUP A. General Specifications 40 XIV. DRAINAGE APERTURES A. General Specifications 41 XV. PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 42 XVI. GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 43 XVII. REPORTS AND SCHEDULES A. General Specifications 44 B. Reports 44 City Council 16 — 157 7/7/2026 (9), CITY OF SANTA ANA C. Schedules 45 XVIII. IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 47 B. Irrigation Schedules 47 XIX. CIVIC CENTER A. General Specifications 48 B. Annual Color Planting and Maintenance Specification at Civic Center 49 C. Vandalism 50 D. Quality of Life Team (QOLT) at Civic Center 50 XX. LAWN BOWLING A. General Specification, Lawn Bowling 53 XXI. CENTENNIAL PARK A. Centennial Park 55 XXII. VACANT LOTS A. Vacant Lots 56 XXIII. SANTA ANA STADIUM A. Santa Ana Stadium 57 XXIV. SANTA ANA ZOO A. Santa Ana Zoo 58 City ouncil 16 — 158 7/7/2026 w CITY OF SANTA ANA SECTION I GENERAL MAINTENACE OPERATIONS This section establishes overall daily contract requirements that the Contractor shall perform unless otherwise specified in later sections. Other specifications given per section are to be utilized as unexpected situations arise and clarification of service is required. It is Contractor's obligation to fully understand the grounds' landscape specifications. Additionally, for all mulch and compost needs that are necessary for Landscape Maintenance, the City's Refuse Contractor Republic Services shall provide freee mulch and compost for all City projects. For all other mulch and compost that requires the Contractor to procure, the the Contractor shall: • Use Compost and Senate Bill (SB) 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovations, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). • Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the City's Solid Waste Enterprise annually upon request. Information to be provided shall include: o General description of how and where the product was used and applied; o Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; o Quantity and type of each product; and o Invoice or other record demonstrating purchase or procurement A. General Operations 1. All areas shall be inspected daily and be maintained in a neat, clean, and safe condition at all times. 2. All drinking fountains shall be checked weekly and kept clean. Clean is defined as free of standing water, disinfected, free of calcium deposits or other encrustations, well-polished, and with drains/collectors cleaned of silt and debris. 3. All sidewalk areas within maintained areas shall be clean and cleared of debris at all times. 4. All leaves, paper,trash, and debris shall be removed from landscape and hardscape areas daily and disposed of offsite. 5. Trash cans provided by the City shall be emptied daily and washed after emptying when necessary, as determined by the City Representative (CR). All tops/lids shall City Council 16 — 159 7/7/2026 CITY OF SANTA ANA be wiped clean weekly. All missing lids shall be reported immediately. 6. All concrete drains and other surface drains under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow daily. 7. All other drainage facilities shall be cleaned of all vegetation and debris daily, or as necessary. 8. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be immediately made safe and reported to the CR. 9. All barbecue grills, and hot coal containers, shall be emptied of all ashes twice weekly, once on Thursday and once on Sunday mornings. 10. All park benches, picnic tables, play equipment, and band shells shall be steam cleaned or pressure washed per the pressure washing schedule and specifications. Sanitization may vary with use. 11. Reserved picnic sites are a top priority. These sites shall be cleaned and blown by 8:00 a.m. daily, including weekends, holidays, and other times if deemed necessary. Pressure washing will be on a schedule, refer to the pressure washing section, but may require additional pressure washing as determined by CR. 12. The contractor shall spray monthly in all listed areas to control weed growth. 13. The contractor shall check all dog bag dispensers daily, and restock them as necessary. The contractor shall report missing and/or broken dispensers, on the same day, to the CR. The bags shall be provided by the City. 14. All tree limb failures shall be reported to the CR and collected along with any debris within 72 hours. 15. Six-Month Service: a. On January and July of each year the Contractor shall change out old flags and replace them with fresh, new all-weather flags to be provided by the City. Contractor shall follow all flag etiquette regarding the proper care, storage, delivery, and replacement of our American, City, and any other flags. Contractor shall deliver the old and worn flags to the the Park Services Inspector so flags properly folded and cared for. 16. Contractor shall inspect the basketball courts and tennis nets, and replace if required. The City will provide these materials. B. Specialty/ Sports Areas 1. Sand Court Areas These areas include tot lots, play areas, volleyball courts, etc. a. All sand areas, including tot lots, shall be cleaned with a basket sand rake to remove leaves and debris and leveled daily. The use of hand- held or backpack blowers or other devices shall not be substituted for raking. b. Sidewalks adjacent to tot lots must be swept or blown daily. Care should be exercised to avoid any patrons using the tot lots. Contractor shall decide when to schedule maintenance activities around their use. City ouncil 16 — 160 7/7/2026 CITY OF SANTA ANA c. All areas shall be kept free of weeds at all times. d. There shall be no spraying of weeds in sand court areas. e. Areas shall be edged and the turf surrounds maintained. If sand berms accumulate in turf, they must be removed and replaced with sod. f. All sand areas shall be rototilled monthly, at least three (3) weeks apart, to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand (approximately 12"). After rototilling, all areas shall be raked level. g. Sand shall be replenished as necessary to maintain optimum level in each area. Generally, six inches (6") below the top of the concrete curbing is acceptable. However, dependent upon play equipment footing, the final level shall be determined by CR for each area. Sand will be provided by the City but spread and leveled by the Contractor. h. In the event of storms and periods of excessive rainfall, or the sand court areas become flooded resulting in standing water, the Contractor shall remove the water immediately, as directed by the CR. Water shall be discharged to a safe area. 2. Hard Surface Areas These areas include concrete sidewalks, medians, skate parks, tennis courts, handball courts, basketball courts, bicycle trails, asphalt concrete (AC) walkways, and bandshells. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept or blown daily to remove all deposits of silt, sand, glass, and all foreign objects. c. All sports courts, stages, and bandshells shall be power washed per the pressure washing schedule, or as needed. The contractor will work with the CR to determine the schedule. d. Cracks and crevices must be kept free of weeds at all times. e. Sidewalks should be blown daily, reference Section A., General Operations, No.3. 3. Bicycle Trails/AC Walkways Special emphasis shall be placed on chemical edging along these areas to prevent damage to asphalt by vegetation. All such damage shall be repaired at Contractor's sole expense. 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails City Council 16 — 161 / / 26 CITY OF SANTA ANA DG walkways and trails require additional attention to be properly maintained. The two(2) most common conditions are an uneven surface and lack of moisture. Both issues can make the material unstable and sand-like, creating an unsafe surface. a. The integrity of the surface must be kept intact at all times. b. The contractor shall perform daily inspections of DG surfaces. c. Borders of DG areas shall be kept in proper repair and well-defined at all times. d. DG areas shall be kept free of weeds at all times. e. Monthly maintenance of DG areas shall be according to industry standards. f. Contractor shall immediately repair any DG areas where holes or ruts are apparent, or where the surface becomes uneven. g. Materials will be supplied by the City to maintain the integrity of the product. 5. Parking Lots, Bike Trails, and Roads These areas include parking lots and roads located within the boundaries of the parks, or areas directly adjacent to parks,and whose primary purpose is to provide vehicle parking for patrons. Street parking areas that are not meant specifically for park users will not be included in this section.Areas in doubt should be clarified with the CR. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept, blown, and/or vacuumed weekly to remove all debris and deposits of silt and/or sand and glass. c. Cracks and crevices shall be kept free of weeds at all times. d. Illegally dumped foreign substances, such as motor oil, shall be properly cleaned immediately. City ouncil an scape amen — 7/7/2026 CITY OF SANTA ANA SECTION II IRRIGATION The irrigation system consists of all components from the outflow side of the meter. The Contractor shall control the irrigation programming components with the coordination of the CR, while the CR will control those components operated by the central programming software Calsense. All manual control systems shall be directly overseen weekly, and in a manner, which allows the irrigation specification to be completed. Contractor shall employ a certified irrigation specialist per district, Zoo, and Civic Center. A. General Information Water management within the City landscape maintenance areas is guided by the following parameters: 1. Application of water to landscape plants at a rate closely matching the demands of plant material; 2. Minimizing runoff; 3. Water conservation and plant health are given equal consideration; 4. Roadway condition and safety; 5. Safe surfaces for community use; 6. Water budget; and 7. Plant health. B. Water Management Water conservation is a top priority for the City and shall be incorporated into all irrigation programming. The irrigation schedule is dynamic and regularly needs to be altered to meet the needs of the City landscape. CR shall determine the schedule and Contractor shall program the controllers to meet this schedule. Landscape irrigation is currently being switched to Calsense Central Control. It is intended that the City will perform water management responsibilities within the central control system. 1. City of Santa Ana irrigation system includes: a. Battery controllers (Hunter Nodes) in valve boxes b. Non-centrally controlled manual clocks c. Hydraulic valves d. Thermal valves e. Quick coupler systems f. Electric valves g. Solar-powered controllers (Left) City Council 6 — 3 ageIJM26 CITY OF SANTA ANA 2. Controller programs shall incorporate the following: a. Calsense Central Control software shall be exclusively utilized for all controllers with available connections. Field checks shall be required to verify the success of programming as it applies to a specific location. Field checks will be the responsibility of the Contractor, who will report to CR. b. Water must be conserved while meeting the needs of the plant material. c. The City of Santa Ana Water Department (SAWD) management requirements shall be followed unless the CR approves an alternate schedule. d. Contractor shall avoid weekend watering unless approved by CR. e. Contractor shall water deeply and infrequently for all tree and shrub applications. f. Contractor shall utilize cycle/soak principles to encourage deep rooting of all plant material, especially turf. g. Evapotranspiration (ET) rates shall be utilized when considering programming. h. Contractor shall minimize runoff onto streets, sidewalks, and other non-target areas. i. Contractor shall provide sufficient time for the soil to dry out between irrigations. j. Contractor shall maximize community use of City property. k. Contractor will alter the irrigation programming to accommodate the field renovations to promote seed germination and establishment. 3. Irrigation systems shall be programmed to water between 10:00 A.M. and 6:00 P.M. (Monday- Friday) unless otherwise approved by the CR. 4. Contractor shall be responsible for programming all controllers (light energized Irrigation Technology, field controllers, battery-operated controllers, manual systems) not integrated into the central control system. 5. Program changes for the manual (non-centralized) controllers shall be done the same day of notification by the CR and changed per CR specification. 6. Verification of the updated irrigation schedule shall be the responsibility of the CR. The contractor shall work with the CR to ensure all programming changes have been entered and verified on the electronic programming log. 7. Contractor shall set and maintain the programming for the manual irrigation controllers to meet the criteria as stated above. The City reserves the right to inspect and monitor those settings and make recommendations to the Contractor. In case of a dispute, the CR will make the final determination. Any discussion of this type shall be recorded by the Park Inspectors on the work order form and kept on file. 8. In the event that any of the components of the irrigation system fail to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas in the worksite at no extra cost to the City. 9. The controller program shall be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with the established Irrigation Association (IA), Metropolitan Water District (MWD), and Santa Ana Water Department (SAWD) guidelines recognized throughout the industry. Clt)/RI 23 115 1 an scape maintenag% erv� 4 F/7 2026 w. CITY OF SANTA ANA 10. Any damage created by improper irrigation practices or neglect shall be the responsibility of the Contractor to correct, at sole cost to the Contractor. 11. No watering shall occur during the daylight hours unless associated with a repair, audit, manual system operation, or an alternate schedule is approved by the CR. 12. The operation of manual irrigation systems shall occur daily, Sunday through Monday, between 6:00 A.M. to 6:00 P.M. 13. All program changes shall be recorded on the electronic Irrigation Controller Program Log by Contractor. 14. City shall compare water meter readings to ensure that there is no excessive water use in any of the Contract areas. Contractor must meet with the CR to review these reports as necessary, or as directed by the CR. 15. Contractor shall turn off programmed irrigation systems immediately during periods when extreme rainfall exists or is predicted, and other times when suspension of irrigation is desirable to conserve water, as directed/approved by the CR. 16. Any time the irrigation system(s) are shut down for any reason, Contractor shall notify the CR immediately. Once CR acknowledges the necessity to turn on the water once again, controller activation shall begin within five (5) working days. 17. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for the greatest potential runoff. C. Maintenance 1. Contractor shall diagnose, maintain, and repair all irrigation components downstream of the remote control valve (RCV). The Contractor SHALL be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no additional cost to the City. Contractor will repair or assist in repairs for components downstream of the meter through Additional Extra Work(AEW). 2. Irrigation maintenance shall include, but not be limited to operation of the system, adjustments, repairs, modifications, improvements, testing, analysis, and other work as required. Some examples of regular maintenance include the function of electrical systems, backflows, controllers, valves, head alignment and spacing, and wiring operation. a. Components include but are not limited to irrigation controller, remote control valves, main and lateral lines, fittings, risers, sprinkler heads, quick couplers, drip systems (subsurface and surface), master valves,flow sensors, valve boxes,fertilizer injector systems, and tree watering systems. 3. All areas shall be irrigated to maintain specified growth and appearance determined by CR. 4. Handsets (Calsense, LEIT) may be required to operate the controllers. These will be supplied at Contractor's expense. 5. Proper alignment (vertical straightness, operational height of nozzle) will require raising/lowering/leveling of the sprinklers and shall be done at Contractor's sole expense. 6. Plants blocking the sprinkler pattern will require the technician to mark the plant material with paint and coordinate the trimming/removal with the CR. City Council 6 — 1 5 / / 26 CITY OF SANTA ANA 7. Automatic controllers and/or enclosures shall be locked while unattended. Locks are initially supplied by the City, if lost or reckless the Contractor is responsible to replace with same or higher quality locks at their expense. City will replace worn or deteriorating locks. 8. All enclosures, including valve, controller, booster pump, etc., shall be kept free of all insects, rodents, and rust. Damage caused by insects, rodents, or rusting shall be repaired within five (5) calendar days at Contractor's expense. 9. All drip line valve filters shall be cleaned twice per year in February and November of every year. 10. All subsurface apertures shall have permanent lids affixed at all times and shall be kept free of overgrowth. Apertures include valve boxes,controllers, electrical and cable boxes, manholes, and backflow devices. 11. Weekly Priority/Sports Turf irrigation audits shall be completed and electronically submitted to CR. 12. Should the CR be called upon to diagnose an irrigation problem that is Contractor's responsibility, the City's labor and material costs incurred will be deducted from the monthly payment to the Contractor. 13. All irrigation evaluation work requires a notification sign to be present for the duration of the work. 14. All sprinkler heads and emitters shall be adjusted to maintain proper coverage to ensure adequate flow. Adjustments shall include, but not be limited to actual adjustments to heads; cleaning and flushing heads, nozzles, lines, and screens; and removal of obstructions. 15. All irrigation systems shall be tested and inspected a minimum of one(1)time per calendar year quarter(Jan-Mar, Apr-Jun, Jul-Sep, Oct-Dec), regardless of controller type, and an electronic audit form shall be used to submit the results to CR quarterly by the 10th day of the month following that period (e.g., April 10th, July 10th, October 101h, and January 10th). Any requested changes shall be submitted for approval before implementation. a. An exception to the aforementioned is any battery-operated valve, which shall be inspected two (2) times per year. D. Repair 1. Contractor shall continually monitor and perform any necessary repairs from the outflow side of the meter. 2. City will provide materials to replace the RCVs and mainlines, see Section 2.6, Materials for the process. 3. The Contractor shall be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no extra cost to the City. Contractor shall make repairs to the satisfaction of the Director's Representative (DR). Contractor shall make repairs within 24 hours of being on notice of deficiencies to the lateral lines and/or rotors/heads. 4. Contractor shall contact the CR regarding structural failures after the meter (e.g. city �uncil an scape ain en _ 1 73 /2026 �l CITY OF SANTA ANA backflows, main and lateral lines, valves, central control, etc.) within twelve (12) hours of occurrence. Repairs requiring additional funds shall be proposed within 24 hours by contacting the CR. 5. All damage resulting from Contractor's operations shall be repaired or replaced before the end of the workday at the Contractor's sole expense. 6. All third-party damage or other needed repairs shall be completed by the Contractor, as indicated in the Specifications, and paid for by the City on a cost-per-repair basis. Repairs to the irrigation system shall be completed within 24 hours of approval by the CR on any component damage, including, but not limited to, broken irrigation lines and tubing, defective or broken valves, sprinkler heads, emitters, sprinkler head relocations, and other modifications as necessary. 7. If not able to make irrigation repairs in a timely manner, Contractor shall be responsible for watering all areas manually. 8. In addition to quarterly testing, all irrigation systems shall be tested and inspected daily if necessary, when damage or malfunction is suspected, observed or reported. a. Contractor shall repair malfunctioning controllers, quick couplers, manual or automatic valves, and sprinkler heads within twelve(12)hours of receipt of the verbal or written notice unless the field condition does not allow or per the direction of the CIT (City Irrigation Technician). b. Contractor shall correct deficient or irregular irrigation systems and equipment as necessary following verbal notification from the CR. c. Irrigation checks must be done immediately if plants begin to wilt, defoliate or change color. 9. All Sports/Priority Turf irrigation repairs shall be made within four (4) hours of approval by the CR. 10. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment will be made by the City nor billed by Contractor for repairs on equipment covered by the warranty. 11. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in irrigation frequency. Costs will be determined from comparisons of usage with historical usage for the same time period and be presented to the Contractor for review before deduction of payment. E. Personnel Contractor shall provide dedicated irrigation a personnel to the Contract Area, District 1, District 2, District 3, District 4, Civic Center, and the Zoo; whose primary and sole function shall be to properly operate, monitor and maintain the irrigation system within the listed Contract Areas Personnel shall be: 1. Fully trained and knowledgeable in all phases of the landscape irrigation system, including central control, site controllers, component maintenance, repair, and adjustment, and familiarity with all brands and models of irrigation equipment used within the City; 2. Personnell shall be knowledgeable of and proficient in current water management City Council 6 — age / 26 � concepts; CITY OF SANTA ANA 3. Capable of performing irrigation audits and providing a report; 4. Capable of taking direction from several City personnel, but particularly accountable to the City Irrigation Technician and the area gardener; and 5. Capable of verbal and written communication in a professional level of English. F. Materials The City shall supply irrigaton materials and supplies. However, there will be occasions when a repair is necessary and the City is out of inventory. In these cases, Contractor shall be required to supply the materials. Contractor is responsible for repairs, including but not limited to, irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems' remote-control valves (RCVs) at no extra cost to the City. 1. City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises this option, the following conditions will apply: a. All City purchases will be for the sole use of and for the City. b. Contractor shall secure and store inventory, distribute and control all material entrusted to its representatives. All materials and inventories shall be made available to the City upon request. c. All material given to the Contractor shall be inventoried by location using the electronic work order system. The replaced part shall be returned to the City to remove the replacement part from the outstanding inventory. 2. All replacement materials shall be original types and models unless a CR approves a substitute. 3. Contractor shall maintain, at no additional cost to the City, an adequate inventory of medium-to high-usage stock items to repair the irrigation systems. 4. Contractor shall implement repairs under all warranties. 5. All invoices, AEW, shall state labor and material costs. 6. The actual cost of all materials passed onto the City shall include the following: a. Wholesale cost (retail costs minus Contractor's discount) b. Applicable sales tax c. A markup of 10% maximum for all overhead costs and profits 7. The wholesale cost shall be the actual cost paid by Contractor reflecting the best price, including any discount given to Contractor (written receipt submitted with billing) 8. At no time shall the cost of materials exceed the retail cost from the current price list, minus any discounts. City TounciI an scape ai _ 1 7/7/2026 (9) CITY OF SANTA ANA The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. City Council ngrervs9 Page 26 CITY OF SANTA ANA SECTION III TURFGRASS The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. A. Maintenance—Overview Turf care shall be differentiated by the two (2) types of turf- "Casual" and "Sports/Priority" Turf. When the word "Turf' is not preceded by the word "General" or the word "Sports/Priority," it applies to both types of turf. 1. Casual Turf Mowing All "casual" turf(non-sport/priority turf) shall be mowed every other week, from October 31 sl to February 28th of each year. "Casual" turf shall be mowed each week from March 1 st to November 1 st of each year. Each year the DR will select the dates in mid-November and mid-March when the Contractor shall transition from every other week mowing to once-a-week mowing. The Contractor shall use Kubota L5060 tractors, or approved equal, equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3-178 69" rotary, or approved equal, detail mowers for areas between trees and other park amenities. The DR shall determine the height of the cut. 2. Sport/Priority Turf Mowing All "priority"turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2% 3/4" unless approved by CR. To achieve a quality cut at this height and not leave clippings, the Contractor will perform a first cut using a rotary mower with clipping catching capability, followed by using a Kubota L5060 tractor equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mower, an approved fairway or greens mower for medium size areas and a walk behind Jacobsen Eclipse2 reel mower for small areas. Note that the Contractor shall perform quality sports turf mowing and detailing to the DR satisfaction regardless of the equipment and methods the Contractor uses. The DR shall direct the Contractor to mow the priority turf lower than 1/2", if necessary. Note that the Ball Diamond Infield Maintenance Contractor shall be responsible for mowing turf infields, including foul territory turf areas, 36" beyond the skinned infield arc, and other designated ball diamond turf areas. Infield maintenance shall not be a part of this agreement. 1. The contractor shall maintain mowers that provide a smooth, even cut without ridges or depression and without tearing off the leaf blades; including sharp blades on all mowers. 2. All factory safety equipment must be fully operational. 3. The mowing schedule may be altered due to weather and/or other conditions upon approval from the CR. 4. Mowing shall be completed during one (1) single-day operation per given area. 5. The contractor shall not mow areas where the soil is over-saturated. 6. All litter shall be removed from the turf before each mowing. CIt�Fl,0Uf l Landscape MalntenarM ervilb 26 CITY OF SANTA ANA 7. Mowing shall be performed at the speed the mower's manufacturer specifies to maximize the quality of the cut. The emphasis shall be on quality mowing vs. speed and unprofessional patterns. 8. Mulching mowers shall be used to mow General Turf grass areas. Recycling blades and/or recycling decks shall be used in all areas where grass clippings will not be picked up. 9. Excessive clipping debris, as determined by the CR, shall be removed and disposed of offsite at the Contractor's expense. 10. String trimmers shall not be used for mowing turf. 11. Turf shall be mechanically trimmed with a grounded blade edger at the same time as mowing during the seasonal mowing cycle (twice per month in winter, once per week in summer). 12. The areas requiring edging shall include all hardscapes adjacent to turf, including sidewalks, curbing, planters, grave markers, historical plaques and markers, and other concrete entities, asphalt, concrete, paved areas, and DG. 13. All edging shall be done in a way as to not damage any hardscape entities. 14. Other fixtures such as but not limited to valve boxes, utility boxes, cleanouts, drains, signs posts,poles, benches,tables, and building foundations can be edged with the use of string trimmers, once an edging pattern has been properly established using an edger or sharpened shovel. Should the edged area begin to deform, CR shall direct the Contractor to repeat the detail process. 15. Property damaged by string trimmers or mowers shall be replaced/repaired immediately. 16. Sidewalks and other hard surfaces shall be properly cleaned after each edging, including grass stains or marks from the mowing process. 17. Trimming of grass around trees or planter beds in the turf area (12 to 24-inch distance from the object) shall be performed during the seasonal mowing cycle in such a manner as to avoid damage to the plants. a. Chemical edging and trim pattern establishment using a blade edger shall be completed when grass encroachment is within six (6) inches of the trunk or planter bed. 18. Any mechanical damage to tree trunks which is considered Contractor neglect shall result in a replacement planting, at the discretion of the CR. 19. Refurbishment of damaged turf due to Contractor negligence, including poor irrigation management, irregular turf evaluation intervals, and/or Contractor error shall be completed within seven (7) days of discovery and notation. 20. Turf shall be maintained within 6-12 inches of all appurtenances (e.g. walls, fences, transformers, etc.) 21. Detail lines shall be made straight and shall be maintained straight. 22. The contractor shall fill all divots, depressions, and uneven areas with sand, as directed by the CR. 23. The City reserves the right to require the Contractor to apply plant dye on specified plant material within 24 hours of notification to the landscape that has been stressed due to the Contractor's neglect. The dye will be applied at no additional cost to the City. City Council 16 — 171 7&26 (9) CITY OF SANTA ANA B. Inspections—Sports/Priority Turf The contractor shall inspect the sports fields or play areas daily. 1. All sports fields shall be kept at a level grade to provide a uniform height of turfgrass, by topdressing low places with clean sand. a. Depressions over 1" in depth, which lack turfgrass cover, shall be filled with weed-free soil to the existing grade. Rototilling may be prescribed by a CR. 2. The contractor shall inspect the sports fields or play areas for proper water drainage away from the playing surface. If drainage is not evident, irrigation programming in the affected area shall be required to prevent landscape failure. The contractor shall contact the CR for the proper irrigation management strategy, which shall be programmed within 24 hours. 3. The contractor shall inspect the sports fields or play areas for hazardous holes or depressions that may cause a player to trip. Those found shall be filled as directed in Section 3.2.1.an above. 4. The contractor shall remove stones and other debris that may interfere with play or cause injury. 5. The contractor shall inspect the sports fields or play areas to see that the soil absorbs irrigation and rain rapidly enough to provide reasonably good footing on the surface of the area. If improvement is indicated by the CR, Contractor shall contact the CR for direction. 6. The contractor shall inspect the sports fields or play areas to see if the turf surface is being irrigated evenly with a reasonable amount of water. Irrigation programming for Sports/Priority Turf is at the highest tier (Tier One—Turf Irrigation Reduction Priority Key). C. Casual Turf The scope of work for General Turf includes the following: 1. The mowing schedule shall be once per week from March 1 to October 31 and once every other week from November 1 to February 28, Monday through Friday of each week specified. 2. Not more than 1/3rd of the total leaf length shall be removed per mowing. 3. Mowing shall be completed in one (1) operation. 4. Turf shall be aerified a minimum of one (1) time annually in March using a solid tine aerator to a minimum depth of three (3) inches. 5. Casual Turf shall be renovated-overseeded one time per year, April through May. All seed quantities and types specified with either Kikuya or Marathon fescus shall be verified by the DR prior to any applications. The process for renovation-overseeding shall be as follows: 6. The turf shall be flailed down to W. All turf clippings shall be removed. 7. The contractor shall flag/mark all irrigation and site amenities and shall avoid hitting/damaging them with the aeration equipment. Any damage caused to the irrigation or other site amenities shall be repaired/replaced at the Contractors'expense. 8. The contractor shall coordinate with the CR to irrigate the causal turf to allow greater penetration for the aerator. City ouncil 16 — 172 7/ f626 �5 CITY OF SANTA ANA 9. The turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). Contractor shall make two- passes in different directions per the DRs direction. 10. Contractor shall coordinate with the CR to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. 11. Once the CR verifies that the irrigation system is working efficiently, the Contractor shall overseed the turf using Stover Seed Company's AZ-1 Kikuyugrass or Marathon Fescus at a rate of 30 pounds per acre. During the germination period, the Contractor shall assume responsibility for programming the irrigation controller(s) to assure 100% germination of seed. 12. Immediately after overseeding the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed. 13. The intent of overseeding is to have 100 percent turf coverage, re-seeding in bare spots shall include seed topper. 14. Cutting height shall be 2-2.5 inches, with final determination to be made by the CR. D. Sports/Priority Turf The Sports and Priority fields to be considered for this section are listed in Appendix II.This list is dynamic and will have fields added and removed periodically. The scope of work for Sports and Priority Turf includes the following: 1. Contractor shall mow once per week, all year. a. This may require mowing athletic fields when the rest of the park is not being mowed. 2. Contractor shall vary the height of cut depending upon the season, grass type, and growing conditions. The specific cut will be determined seasonally by the CR, but shall not be altered once the height has been determined for the season. a. Mowing height for warm season turf shall be .5-1.5 inches,with the CR guiding cutting height depending on the machines used. 3. Sports/Priority Turf in this Contract shall be mowed using a power-driven fairway reel mower or fine cut rotary mower. The quality of the cut will be determined by the CR and changes may be required if minimum standards still need to be met. 4. The mowers shall be maintained and sharpened to provide a smooth, even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions. 5. Contractor shall perform alternate mowing patterns to prevent wheel ruts. If ruts are made, the Contractor shall make repairs at its sole expense. a. Repairs for deep ruts may include sod-cutting of damaged areas, leveling of subsurface soil, and replacement of sod. b. Field may be taken out of play due to rutting, and the deductions for lost time shall be subtracted from the monthly payment to the Contractor. 6. Sports Fields Overseeding shall be renovated-overseeded each year per the Sports Annual City Council 16 — 173 26 CITY OF SANTA ANA Schedule. The DR shall verify all seed quantities and types specified in the contract before any applications. The process for renovation-overseeding shall be as follows: 7. Renovation downtime schedules effectively take the Sports Turf area out of service for several weeks (the schedule to be determined by the CR for a duration of 10 weeks). The goal of this period is to restore worn and damaged turf. This renovation procedure includes core aerification, fertilization, seeding, and grade restoration. These procedures shall be included in the cost proposal. A typical renovation includes: 8. The contractor shall install a 6' high temporary construction fence with stands around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeded in accordance with the park map depicting the sport/priority turf areas. Perimeter fencing shall be placed at the direction of the CR to avoid sprinkler damage and provide 100 percent water coverage. See aerial maps of sports field locations. 9. Turf shall be mowed down to 1/4"-1/2 ", or determined by CR. All turf clippings shall be removed. 10. Turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). The contractor shall make two passes in different directions per the DRs direction. 11. Turf shall then be vertical using the Kubota L5060 tractor equipped with turf-type tires and the Trilo VCU 200 Verticut implement. Following verticutting all turf clippings shall be removed. 12. The contractor shall coordinate with the CR to confirm that all irrigation has been tested and restored to original design specifications before overseeding. 13. Immediately after overseeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. 14. Once the CR verifies the irrigation system is working efficiently, the Contractor shall overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 65 pounds per acre; and, b) Stover Seed Company's Pro Sportsfield Supreme in the spring/summer at a rate of 65 pounds per acre. The contractor shall overseed all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 15. Immediately after overseeding the Contractor shall apply W, minus STA-approved compost topper from R&S Soils to all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 16. Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize the germination of seed. Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming. 17. Plugs/cores shall be removed, or broken up (drag mat, mower) and spread over the Turf area being treated, at the time of aeration, to the satisfaction of the CR. 18. Flags identifying irrigation shall be removed by Contractor immediately after aerification. 19. City-supplied signs indicating a field renovation is in progress shall be posted. 20. The contractor shall secure all the seed materials at the beginning of the season in City ouncil 16 — 174 7/7/2026 (9) CITY OF SANTA ANA advance to avoid shortages or"out of stock" scenarios. E. Renovation Process Shall have the CR, unless approved otherwise, during the rennovation process: 1. Day 1 a. Irrigation audit, ensure coverage and adjust sprinklers heads to 1/2:" below grade. b. Aeration (the Kubota L5060 tractor equipped with turf-type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal)) 2. Day 2 a. Scalping and vertical cutting. b. Following verticutting all turf clippings shall be removed. 3. Day 3 a. Apply seed and drag-in to level surface, coordinate with CR to verify seed type and quanitites b. Immediately after over-seeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. c. Apply light topper dresser(apply '/4" minus STA-approved compost topper from R&S Soils) 4. Day 4 a. Coordinate with CR for the watering program 5. Day 5 -Completion a. Inspect daily and monitor germination. In the last two (2) weeks of the rennovation period, the mowing shall be done in intervals. City Council 16 — 1 5 / / 26 SECTION IV EDGING & DETAILING A. General Specifications 1. All edging shall be performed with the use of a gas-powered blade edger or CR-approved substitute. Stick edgers shall not be used. 2. Chemical edging is allowed along edges such as trees, fence lines, curbs, etc., as directed by the CR.The contractor shall not use chemical edging in areas not authorized by the CR. 3. If chemical detailing is performed, the Contractor shall use a string trimmer to remove the treated vegetation within one (1) week after symptoms of phytotoxicity become recognizable. a. Plants (i.e. trees, shrubs, groundcovers, annuals) with noted phytotoxic damage from an herbicide edging treatment shall be removed within one (1) week of observation and replaced with like-sized plants. 4. The contractor shall detail turf no further than 12 inches away from all hard surfaces, including walls,fences, curb lines, roadways, pathways, and landscape surfaces(e.g.trees, shrubs, beds, etc.). a. Detail lines shall be made straight and shall be maintained straight. 5. The contractor shall supply, at Contractor's own expense, replacement plants to reduce any existing bare soil areas along walls and fences that are wider than 12 inches that have been caused by the Contractor's neglect. 6. Edging/detailing shall be performed at the same time mowing occurs. 7. All edging/detailing shall be performed with the use of a McClain's edger or an approved substitute walk-behind or fixed blade stick edger. The contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete _.. paved areas,.pavers,.etc. B. The Contractor shall detail around trees, along walls/fences, and other amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles,etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform, the Park Services Inspector Supervisor shall direct the Contractor to repeat the detail process. Shovel-cut detailing shall be repeated as often as necessary to maintain crisp evenly round/straight lines. In the event that the circle becomes too great, the DR shall direct the Contractor to sod the area around the tree at the Contractor's expense to the size instructed by the Parks Services Inspector Supervisor. City Council 1W— 176 7if/ 26 SECTION V GROUND COVER The City's goal is to encourage the proper care and growth of groundcovers, maintained within the confines of their growing areas, free of weeds and without a prevalence of bare spots or unhealthy plant material. Groundcover beds should create a natural, pleasing appearance in all areas. A. General Specifications 1. Groundcovers shall be pruned and maintained according to accepted industry practices and consistent with the intended use. 2. Groundcovers adjacent to hardscape such as sidewalks, walkways, playgrounds, sport courts and parking lots shall be edged weekly in one (1) operation with the turf edging. 3. In locations where turf is not present (i.e. parks, medians, empty lots), groundcovers shall be edged monthly, or as determined by the CR, to present a clean and neat appearance and to keep the plant material from impeding foot traffic. Care shall be taken not to expose bare soil. 4. Edged ground cover will not be allowed to develop a build-up with a sheared face along the sidewalk or curb edges. Groundcover height shall not exceed six (6) inches without a beveled edge (i.e. leaning edge even with sidewalk with lower edge angled inward). 5. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all ground cover beds. 6. Plant material damaged by Contractor-applied herbicides shall be replaced at Contractor's expense. 7. The use of pre-emergent is strongly recommended in areas with overhead irrigation. In some instances, weeds may be removed by mechanical means as approved by the CR. Pre-emergent herbicide cost shall be included in the cost proposal. 8. The contractor shall keep groundcover trimmed back 6-12 inches from all controller units, irrigation heads, valve boxes, quick couplers, up-lighting, or other appurtenances or fixtures. 9. The contractor shall not allow groundcovers to grow up trees, into shrubs, or on structures or walls. The contractor shall keep groundcovers trimmed back approximately 6-12 inches from structures or walls. 10. Any paper or litter that accumulates in ground cover areas shall be picked up daily. 11. Mulch shall be applied to all planting areas two (2) times per year, once in the spring (Apr- Jun), and again in the fall (Sep-Nov). 12. Bare soil areas in ground cover beds shall be replanted or mulched as required. The Contractor shall apply US Composting Council STA4ested approved mulch Y- 4" minus by 2"thick. a. No bare soil areas are permitted in the ground cover areas.All bare soil areas shall be cultivated to 6" deep weekly while awaiting fresh mulch. 13.Ailing and/or stunted groundcover which fails to meet expected growth shall receive additional nutrient treatments to correct deficiencies or shall be replaced by Contractor at City Council 16 -VW77 26 i its expense. If groundcover failure is determined to be due to improper treatment and/or neglect by the Contractor, replacement shall be performed at Contractor's expense within five (5) working days. B. Mulching of Bare Areas 1. In all shrub areas where bare soil is visible, the Contractor shall apply US Composting Council STA tested and approved compost mulch 3"-4" minus by 2" thick minimum twice per year(third week of January and July) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed continuously. a. All bare soil areas shall be cultivated to 6"deep on a weekly basis while awaiting fresh mulch. Clt\TI,OU CII an scape a _ 7 7/2326 SECTION VI SHRUBS The primary objective for maintaining shrubs and other plant material within the City's landscape is to create a natural, aesthetically pleasing appearance throughout all areas. Shrubs to include and not limited to cacti and succulents and other plant material shall be pruned only to allow new growth to develop within the confines of planters and beds and should have soft rounded edges in most applications.The use of powered equipment must be approved before use. A. General Specifications 1. Shrubs shall be pruned quarterly, or as required,for safety, removal of broken or diseased branches, general containment, and appearance. 2. Shrubs shall be pruned, as required, to ensure vehicular and pedestrian visibility and clearance. 3. All bare ground shrub areas, not inter-planted with ground cover, shall be cleaned a minimum of one (1) time per month. Cleaning shall be accomplished without removing significant amounts of any present mulch. 4. Plant material encroaching onto or from City property shall be trimmed back to the property line. At City's discretion, depending on circumstance, plants growing over fences and sidewalks from private property adjacent to contracted areas will also be trimmed back to the property line. 5. All gasoline-powered equipment used for pruning shrubs shall be approved by the CR. 6. Ailing, stunted, and/or dead shrubs, as a result of circumstances beyond the Contractor's control, shall require a proposal for replacement within five (5) working days and shall be restored within one (1)week of obtaining a signed proposal for Supplemental Work. 7. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients, at no additional cost to the City, within five (5)working days of discovery. 8. Shrub failure due to Contractor's neglect or improper treatment shall be replaced, at Contractor's sole expense, with like-kind and -sized plants, within five (5) working days. 9. The contractor shall prune shrubs according to accepted industry practices and consistent with the intended use, as well as to retain as much of the natural informal appearance as possible. Final standards will be the decision of the CR. a. For accepted industry practices, t h e Contractor shall refer to the AHS Standards'Pruning and Training' manual, latest edition. b. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance. c. The contractor shall remove any spent blossoms or dead flower stalks as required for a neat, clean appearance. d. Shrubs and mounding shall not exceed two (2)feet in height within areas required for vehicular sight distance, depending on roadway topography. 10. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all shrub beds. The use of pre-emergent is strongly recommended and will be at Contractor's expense. In some instances, weeds may be removed by mechanical means as approved by the CR. 11. Any paper or litter that accumulates in shrub bed areas shall be picked up daily. randucape City Council — 9 ageIMA26 12. Mulch shall be applied to all shrub/planter bed areas, including medians, two (2)times per year, once in the spring(Apr-Jun),and again in the fall (Sep-Nov).See mulch specifications Section V, Letter B, Mulching of bare areas. 13. "Box hedging" may be required on some shrubs, as designated by the CR. Shear hedging or severe pruning/trimming of plants, unless authorized by the CR, shall not be permitted. 14. Topping of plants whose natural growth stems from the base of the plant shall not be permitted. 15. The contractor may occasionally be requested to raise the bottom of the shrubs for security reasons. 16. All shrubs without ground corner shall be mulched. No bare ground areas shall be acceptable. city��MAIN an scape am enaIt er��� IF 26 SECTION All VINES Vines shall be encouraged to grow and flourish by continually maintaining proper care in accordance with AHS Standards. A. General Specifications 1. Vines and espalier plants shall be checked and removed as needed to allow for proper growth. The contractor shall secure vines with appropriate ties to promote directional growth on supports. The contractor shall not use nails to secure vines on masonry walls. 2, Pruning of vines shall be in accordance with good horticultural practices, as defined by the AHS Standards `Pruning and Training' manual, latest edition. 3. Vines shall be pruned only to allow for new growth to develop and to control/direct plant size. 4. No more than 1/3rd of the vines should be pruned at any given time unless directed by the CR. 5. The contractor shall have deep water vines in pockets not provided with sprinklers, as required to promote optimum growth. 6. Weed control shall be applied monthly to control all emergent weeds. In some instances,weeds may be removed by mechanical means as approved by the CR. a. The use of pre-emergent is strongly recommended to control broadleaf and grassy weeds. 7. Any paper or litter that accumulates in vines and surrounding areas shall be picked up daily. 8. Mulch shall be applied to all planting areas two (2) times per year, as necessary, once in the spring (Apr-Jun), and again in the fall (Sep-Nov). 9. Vines shall not be allowed to grow past the designated area. All areas explored by the vine outside of the planting area shall be removed at the Contractor's expense. Any structural damage done by excessive vine growth shall be restored within one (1) week at Contractor's expense. City Council 6 — 1 age 26 I SECTION VIII TREES It is essential for the City to continue to develop and maintain an urban forest within its parks and backup areas. The contractor shall prune trees to comply with ISA standards and maintain their characteristic shape, density, and texture. The center of gravity,or location of the mass, per tree,is close to the center and close to the ground, enabling the trees to withstand strong winds. Thus, the Contractor shall not thin or "lace out" dense foliage, except for outside branches. The Contract will include a large number of newly-planted trees and reforested areas. Tree pruning specifications for all trees over 15 feet are covered under a separate tree maintenance contract, except for the requirements to raise trees for clearance. A. General Specifications 1. The contractor shall raise all trees, as required, to allow twelve-foot(12') clearance within park boundaries and fifteen-foot(15') clearance above road surfaces for vehicular traffic. 2. All trees shall be pruned as required to remove broken, crowned, dead, hazardous, and infested portions for safety reasons. 3. The CR shall be informed immediately of any hazardous trees. 4. All pruning shall be done by the use of proper tools, per ISA Standards, and disinfected after each tree is pruned to prevent the spread of disease and pathogens from one tree to another. 5. Topping trees shall not be permitted. Any pruning shall be done by those experienced and skilled in pruning techniques. 6. All cuts shall be done using proper horticultural practices. Dressing wounds is not allowed. 7. -Tree stakes,ties, and guys shall be checked and corrected or replaced as needed and removed when no longer needed. 8. Ties shall be adjusted to prevent girdling. 9. Under no circumstances shall stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote caliper-retained growth (tapered trunk). The contractor shall contact the CR with any questions or concerns. 10. Downed tree debris, of all sizes, shall be cut up and removed within 48 hours of discovery. The contractor shall be responsible for chipping and green waste disposal. 11. Newly planted trees, either by the Contractor or the City, shall become the responsibility of the Contractor if they fall within the height specification. B. Trees Under 15 Feet 1. The contractor shall prune out branches extending beyond a tree's shape(foliage perimeter). 2. The contractor shall prune to control size and shape. 3. Cuts shall be inside the perimeter of foliage, almost flush with a parent branch, but not harming the collar area. No butts or stubs shall be permitted. Old stubs with an outgrowth of multiple shoots shall be removed. Cit�lou cil Larascape enag7716,27/7/2026 4. The contractor shall prune off lower branches high enough for traffic clearance. 5. The contractor shall cut out dead, crossing, rubbing branches, and v-shaped crotches. 6. The contractor shall undercut branches over two (2) inches in diameter before final cut is made close to a scaffold (main) branch. Shredded, torn or ripped branches shall be re-cut cleanly. 7. An exposed wound, as where a branch was removed, shall remain exposed. The contractor shall not paint or apply any substance on wounds. 8. Trees close together shall be separated by the removal of intermingling branches. The exception is a large hedge or windbreak consisting of one (1) species. 9. All newly planted or young trees shall be double-staked by the Contractor and secured properly with CR-approved ties. a. The contractor shall use only City-approved staking materials. b. The contractor shall always remove nursery stakes on young trees and replace t hem with double staking when trunk strength allows. c. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the CR. d. Tree stakes shall be set a consistent distance(minimum six[6] inches) away from the trunk of the tree to reduce abrasion. e. The tops of tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of the main or lateral branches of the tree. 10. A tree too heavy for support by stakes shall have equally-spaced guy wire ties to stakes and shall be inspected for possible removal. The wire shall be on a 45-degree angle with the tree trunk. a. Locations for the use of guy wires shall be determined by the CR. b. Ties shall always allow for tree movement between stakes and tree trunk. c. The contractor shall loosen or remove tree ties upon discovery that ties are too tight before ties girdle a branch or trunk. d. The contractor shall remove stakes or tensioned cables (guy wires)from a tree trunk that is immovable in wet soil. 11. Any tree stakes or ties that are broken, loose, or damaged shall be removed immediately. If the tree is less than one (1) year old or immature and requires continued support, new ties and stakes will be required. 12. Fertilizers, pre-approved by the CR, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar micronutrient applications. 13. All trees located in Casual, Sports/Priority Turf areas shall have 2" of STA approved 3"-4" compost mulch installed around the tree ring continuously. 14. The Contractor shall have an ISA Certified Arborist On-call employee able to provide a risk assessment.The contractor will only charge,AEW,the arborist time to investigate and create a risk assessment. The arborist can be asked to meet with residents, the public, or elected officials to discuss tree conditions. City Council — 83 26 6 SECTION IX LAKE MAINTENANCE A. General Specifications The lake water quality, algae, and aquatic weed control are maintained by a separate contractor. The Specifications for this Contract include the management of the trash, leaf, and branch debris, and habitat evaluation. 1. The following lakes are to be serviced as a part of this Contract: a. Centennial Park b. Thornton Paris 2. Water, lake and stream bottoms, surrounding embankments, riprap areas, and sidewalks shall be inspected daily and kept free of litter and debris at all times. This shall include but is not limited to trash, litter, dead fish, fishing line, bird droppings and/or deceased waterfowl, and un-anchored plant debris. a. Skimming equipment capable of a 20-foot reach shall be required to remove the aforementioned items from the subject lakes. b. The contractor shall remove any dead wildlife immediately, and report to the CR. 3. Park equipment such as trash cans, decorative boulders, and park benches that are periodically placed in the water shall be immediately returned to their appropriate locations, and the CR shall be notified. 4. Excessive leaf drop and other debris which results in reduced stream flow or surface collection shall be removed weekly. n City Council — 777 26 SECTION X PEST CONTROL A. General Specifications Integrated Pest Management (IPM) principles govern the oversight and management of pest pressures. For this reason, biopesticides have been chosen as a primary control method whenever horticultural management criteria deem the anticipated result to be satisfactory. Combined with a sound IPM program, pest control through prevention, cultural practices, exclusion, natural enemies, and host resistance offers the safest, most effective means of producing high-level plant material. The City is concerned with the safety of wildlife and, therefore, the Contractor shall be expressly prohibited from using anything that may result in direct or secondary poisoning and harming of organisms. Contractor shall employ a certified pesticide applicator to implement the IPM specifications. 1. IPM, under this agreement, will apply to planters, tree rings, hardscapes, parking lots, sidewalks, sports courts, etc. Agricultural pest control services for casual, sports, and priority turf shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. 2. The contractor shall manage economic thresholds of plant pests including insects, diseases, weeds, and vertebrate damage, as defined in this section. 3. The contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws to perform such control. 4. By submitting a proposal, the Contractor assumes responsibility and liability for the use, storage, containment, and cleanup of all pest control management materials. 5. Any failure on Contractor's part to abide by City, County, State, and Federal laws or regulations, and the Specifications contained in this section, may result in a default of this Contract. 6. Fines levied against the City as a result of the Contractor's failure to abide by regulations shall be Contractor's responsibility to pay. 7. Contractor shall use all materials in strict accordance with the most current Federal EPA and Cal-DPR regulations, applicable sections of the California Food and Agricultural Code, Title 3, and regulations within the Healthy Schools Act(HSA). 8. The contractor shall maintain the appropriate licenses, and categories within the Licenses, including Pest Control Business License (PCB) and Qualified Applicator License (QAL- categories ABCF). 9. The contractor shall use specified pesticides only. B. Procedure This section shall serve as the primary guideline for pest control operations. Weeds represent the majority of work within this Contract. All applications shall be completed in a safe manner utilizing safety procedures outlined in Appendix A, Terms and Conditions. 1. The contractor shall submit a comprehensive treatment schedule to maintain all working intervals (daily, weekly, monthly, quarterly, and yearly). a. This schedule will be entered as work orders into the City database and closed out after the application has been deemed satisfactory. Completed work orders City Council 16 — 185 TFM26 shall be indicated by control of the specified pest, not completion of the application. 2, Restricted material applications, and HSA applications, require a notice of intent (NO]) posting to the County Agricultural Commissioner,as well as to the City. The contractor must have written confirmation back from the CR before the start of the application. This written confirmation requirement may be waived upon the completion of successive treatment cycles; notification of this nature will be made in writing to the Contractor via email. 3. The contractor or Contractor's representative shall scout the landscape material for harmful pests regularly and thoroughly. The contractor assumes the primary role in this responsibility. 4. The CR shall inspect all areas of the landscape when infestations of harmful or unwanted pests are located by Contractor and will submit a plan of action to the Contractor. a. A written recommendation shall be issued by the CR to indicate the plan of action when a pesticide is required to be used as a control method. 5. A copy of the monthly Pesticide Use Report (PUR)for all pesticides shall be filed with the County Agricultural Commissioner no later than the 10th of every month for the preceding month. a. A copy of the PUR shall be sent and received by the City at the same time the report is filed with the county. 6. Pesticides shall be applied at times that limit the possibility of contamination from climatic or other factors. a. Early morning application shall be used when possible to avoid contamination from drift. b. All applications shall be scheduled after checking the NOAA weather notification system for potential rainfall. All indications shall be for rain-free weather 48 hours post application. 7. Care shall be taken in transferring, mixing, and applying pesticides to prevent contaminating areas outside of the target area. a. Application methods shall be used to ensure that materials are confined to the target area. 8. Treatment includes the application of the pesticide, as well as the re-entry period following the application. The contractor shall be responsible for maintaining the treatment area throughout the re-entry interval. 9. Spray tanks containing leftover materials shall not be drained on-site. Dumping of tank contents is illegal. a. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code, PPAIDPR regulations, NPDPS permit requirements, and all other applicable laws, rules, and regulations. 10. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficacy, it shall be applied in quantities each area is capable of receiving without a runoff. 11. Pruning is an effective prevention of an epidemic of insects and diseases(e.g. pine tree tip moth,juniper twig girdler, tree borers, fire blight). The contractor shall prune away infected n City Council 6 — 186 7/7/2026 parts and dispose of them off-site. The contractor shall sterilize pruning equipment before moving to the next plant. 12. Handling requirements may apply during transport to another location (e.g. bagging of tree limbs containing borers). 13. Snails shall be controlled regularly by Contractor before becoming an epidemic. Biopesticides containing iron phosphate or other molluscicides, shall be initiated by Contractor early in the infestation. All reasonable precautions shall be used by Contractor to minimize health risks to non-target organisms. The City will not tolerate epidemics of snails. 14. Cleanup of hazardous material releases, to the extent indicated by the governing agency, is the responsibility of Contractor. City Council 16 — 187 26 SECTION XI WEED CONTROL A. General Specifications A weed is defined as any plant growing in an area where it interferes with the intent and expectation of the landscape. The City expects all areas to have minimum weed populations due to the frequency of management intervals. 1. All weed control material shall be approved by CR prior to using. 2. All weeds shall be addressed, as indicated, in the frequency of management intervals. The Specifications, in general, indicate monthly weed control with a specified herbicide; however, if required to alter the existing intervals for certain areas for higher quality Holi cultural outcomes (e.g. parking lots, planters, sidewalks, etc.) 3. Weed heights of four (4) inches or greater are an indication of improper weed control treatment and/or intervals. Weedy areas will be brought to the attention of Contractor in order to gauge the reason for the deficiency. Remediation of the problem, if deemed a Contract deficiency, shall be within five (5)working days. 4. String trimming, in the absence of chemical treatment, may be used to control a weed population, but satisfactory weed control is measured by both results and the visual aesthetic of the planted area. 5. Manual weed control may be substituted for chemical weed control in some instances to maintain the proper interval (e.g. windy or rainy conditions which prevent chemical treatment). 6. Damage to plants caused by weed competition and herbicide application shall result in replacement plantings at Contractor's expense. B. Weed Control of Hard Surfaces Contractor shall apply an approved herbicide, in the prescribed interval,to remove and control weeds growing in cracks, expansion joints, patios, gutters (cementlasphalt interface), interior park roads, hardscapes, and other contiguous City lands cape-ha rdscape interfaces, in order to maintain the landscape aesthetic. 1. Areas adjacent to paved surfaces shall have minimum margins of relief provided by chemical weed control. a. Systemic, non-selective weed control of adjacent roadside lawns shall not have in excess of twelve (12) inches of bare soil between the lawn and roadway edge. b. Overspray or excessively bare margins shall require replacement plants to be installed. C. Weed Abatement of Fallow or Undeveloped Lands Contractor shall periodically mow unwanted weeds in open space areas, wild areas, and undeveloped portions of City landscapes and vacant City lots. 1. Contractor shall perform weed abatement processes, which maintain the weed population below eight(8) inches, when required throughout the year, but not to exceed four(4) times annually. 2. Any additional frequencies or areas will be paid for as Additional Extra Work(AEW). Citylluouncil a — 1 8 7/7/2026 3. Mowing these areas shall be accomplished with a flail mower or weed eater type unit and shall be preceded with an herbicide application to maintain a weed-free appearance. Spoils shall be left on top as a mulch at the end of mowing. 4. Additionally, areas shall be maintained monthly for trash and dumped items. City Council 16 — 89 26 SECTION XII LITTER&DEBRIS MANAGEMENT A. General Specifications Contractor shall provide general cleanup on a daily basis, unless otherwise specified, for the purpose of emptying trash cans and picking up papers,trash, discarded items or debris which may accumulate in the landscape areas; hardscapes within the site(sidewalks, pathways, parking lots,sports surfaces); those City sidewalks that lie directly adjacent to the park or transverse and dissect the median island, vacant lots or backup lots; and all curb and gutter lines that encircle these same sites. This list also includes all other adjacent hardscape elements deemed by the CR to be part of the inventory of the respective Contract landscape areas, lakes, playgrounds, parking lots, internal roadways, and all other park and open space areas. B. Schedule 1. All trash cans shall have full bags removed and replaced with a clean liner by 12:00 p.m. daily. 2. Replacing all plastic trash can liners shall be part of Contractor's routine cleaning process. 3. All litter and debris cleanup shall be performed between the hours of 6:00 a.m. — 12:00 p.m., Monday through Sunday, unless otherwise noted. a. Reserved picnic sites are a priority and shall be cleaned daily by 7:00 a.m., including weekends, holidays, and for special events. Pressure washing may be required as determined by the CR. 4. A route, or order of facilities, that Contractor will follow shall be submitted to the CR and updated as necessary. a. The CR shall be notified immediately if this schedule cannot be met on a particular day. 5. All parking lots and roads shall be swept, blown and/or vacuumed free of debris a minimum of once weekly. This does not replace daily trash and debris clean up. 6. Contractor shall remove all debris resulting from its operations daily and dispose of it off-site at the time of occurrence. a. All debris resulting from any of Contractor's operations shall be removed and disposed of at Contractor's sole expense. No debris shall remain at the end of the workday. 5. All walkways shall be kept clean/clear of debris and plant growth. Care shall be taken not to create unnecessary hazards to pedestrian, bike, or car traffic. 6. Contractor shall not blow grass cuttings/debris into public streets or gutters that have not been previously swept or vacuumed clean. a. Contractor shall remove debris generated adjacent to landscape areas (i.e. sidewalks, streets, gutters, medians). b. All second notice violations will be immediate deductions. 7. Should illegal dumping occur to any of the Contracted sites, immediate disposal shall be performed at no additional cost to the City. Any such dumping shall be reported immediately to CR. 8. Soil spoils on curb areas, including street medians and gopher soil disturbances, shall be cleaned weekly from all areas. City ouncil 16 — 190 7/7/2026 C. Pressure Washing The contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation to perform the cleaning services as set forth herein. 1. Pressure Washing: Power washing with the use of hot high-pressure water sprayer (which shall include high pressure hot water washing) for the 100% removal of dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 2. Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 3. During regular cleaning operations, the contractor shall use high pressure, low-volume washers, and steam cleaner as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces. 4. The nozzle pressure of equipment shall not be so great so as the dislodge tile/paver grout or cause damage to hardscape or surfaces. 5. All trash, debris, tar, freestanding oil, grease, liquids, "green waste, "food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substance, and contaminants shall be removed from hardscape and park amenities upon completion of power washing. 6. Contractor shall provide monthly pressure washing schedules. 7. The Contractor shall pressure wash each each designated area with the following recurrence: a. Weekly Basis L Gazebos or Patio Structures ii. Benches, BBQ's, picnic tables, drinking fountains, other park amenities M. Playgrounds, equipment and surface iv. Exercise Equipment and surfaces V. Restroom perimeter to include the exterior of the building and the hardscape with 25' radius a. Bi-Weekly Basis L Sports Courts (Tennis, basketball, volleyball, handball to include the court walls, etc.) ii. Trash Receptacles iii. Bleachers to include 25' radius around locations iv. Dugouts and benches V. Doggie Stations vi. Kiosk and Educational Signs City Council 16 — 191 7 7 026 SECTION All UNHOUSED AREA CLEAN UP & TASKS A. General Specifications 1. Contractor shall be responsible for cleaning miscellaneous trash items left by unhoused individuals during Contract hours. 2. Contractor shall remove and properly dispose of abandoned items (trash) daily. 3. Interaction with homeless maintenance contractor, CR, City officials and staff, and/or law enforcement personnel may be necessary as it pertains to securing and restoring the imprint. 4. Contractor shall report to the CR regarding interference in contractual execution (unable to mow, pick up trash, etc.) due to unhoused individuals, within 24 hours. 5. Contractor shall report any threatening individuals to the CR immediately. 6. All personal belongings shall be properly bagged and identified with a tape tag indicating location name, date and time of removal, and truck number. These bags shall be stored at a City location. City ouncil 16 — 192 7/7/2026 SECTION XIV DRAINAGE APERTURES A. General Specifications 1. Contractor shall inspect surface drains(i.e. catch basins, flow structures) located within the landscaped areas daily. 2. Surface drains, including catch basins where applicable, shall be maintained free of obstruction and debris at all times to ensure proper drainage. 3. Contractor shall remove any debris or vegetation that might accumulate to prevent proper flow of water. 4. During periods of inclement weather, Contractor shall take extra care to ensure all drains and drainage areas are kept clear of debris and that water is draining properly. 5. All costs incurred by the City to repaired damage due to improper drain cleaning will be recovered from Contractor. City Council 16 — 193 779626 SECTION XV PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 1. Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, groundcover or flowers. 2. Work shall be considered as AEW unless otherwise specified. Exceptions are replacements due to Contractor's negligence, as determined by the CR. 3. Contractor shall replace all damaged plant material due to Contractor's negligence within five(5) working days. City ouncil 16 — 194 7/' / -626 SECTION XVI GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 1. Plant Health Care (PHC): The Plant Health Care approach to managing trees and shrubs recognizes that, in most cases, plant health problems are the result of many factors, not just a single agent. PHC takes a holistic approach when making management decisions that focuses on plants and their interactions with the living and nonliving elements of the landscape. 2. PHC attempts to prevent problems before they start. Managing plants health involves proper planning, plant selection and a wide range of cultural practices aimed at improving site and soil conditions. When combined with careful monitoring to identify pests in the initial stages these practices greatly reduce dependence on pesticides. 3. All new plant material and irrigation installations shall be guaranteed for a period of one (1) calendar year, unless damage or death of plant material is due to wind, storm,vandalism, riots, war, fire, flood, earthquakes or other events over which the Contractor has no control. 4. Existing plants shall be replaced by Contractor if it is determined by the CR that they were damaged or destroyed due to Contractor's negligence. City Council 6 — 5 age 26 SECTION XVII REPORTS AND SCHEDULES A. General Specifications Contractor shall submit reports and schedules as requested and as outlined below and in Appendix A and Appendix B. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a deduction. All reports and schedules shall be either provided by, or in a format approved by the City. B. Reports 1. The following are required reports and frequency of delivery by email and followed up by phone call to CR: a. Personnel staffing by area, total employees, total hours—as submitted to DIR b. Pesticide application reports—daily, including NOI c. Pesticide Use Reports--monthly d. Incident and Accident Reports— immediately e. Hazard Reports— immediately f. Refuse—shall be kept on file by Contractor and correlated with an invoice g. Fertilizer application (if applicable)—daily, by site, amount, date, material h. Water truck(if applicable)—gallons per week i. Irrigation system malfunction (central control) or shut down— monthly j. Vandalism —weekly, by site k. Homeless encampments—weekly I. Sports field renovation schedule—will be provided by CR. m.Lake problems or challenges—immediately n. Damage to appurtenances—immediately o. Plant replacement, by area—immediately p. Emergency call out log— monthly q. Consumable goods log— monthly r. Irrigation audits—monthly s. Hardscape cleaning —monthly t. Pest control advisor recommendations — as required by California Code of Regulation u. Safety inspection log for Contractor's yard, equipment, performance - monthly v. Additional Extra Work—weekly, as requested w.Vacant lots log contract completion—quarterly x. Tot lot rototilling —monthly y. DG pathways repair/maintenance—monthly z. Bike trails/Asphalt Cement walkways—monthly City ouncil 16 — 9 7/7/2026 aa. Pressure washing amenities and playgrounds— monthly 2. Additional reports may be occasionally required to assist the City. These reports shall be detailed, thorough and may include, but not be limited to, the following: bb. Suggestions for improving problem areas; cc. Proposal needed prior to performing any Supplemental Work; and dd. Large scale projects. C. Schedules 1. Monthly Maintenance Schedule Contractor shall provide a maintenance schedule to the City in calendar format within thirty (30)days of the start of the Contract. Schedules shall show the day of the week the operation is to be performed, or the order of rotation areas will be serviced, such as for debris pickup or pruning operations. These schedules will be entered into the work order system and Contractor performance will be evaluated based on this rotation. 2. Required schedules and frequencies of delivery are: a. Mowing services for each park site—weekly b. Shrub trimming (backup lot, medians, parks, MOU)—quarterly c. Irrigation audit—quarterly d. Irrigation evaluation of athletic fields—weekly e. Divot/low spot filling of sports/priority fields—weekly f. Tree raising—weekly, as needed g. Coal bin cleaning—weekly h. Sand lot rototilling—bi-weekly i. Weed abatement(spray followed one [11 week later by string trim)—quarterly j. Weed abatement(vacant lottwild lot) —quarterly k. Other weed abatement—monthly I. Cleaning of parking lots and park roads—weekly m. Mulching —bi-annually n. Sport court cleaning —weekly o. Groundcover trimming—monthly p. DG surface repair—monthly q. Bike trail chemical edging—monthly r. Special projects and locations—as requested s. Supplemental and locations—as requested t. Irrigation programs—weekly u. Additional Extra Work--as needed v. Lake cleaning—weekly w. Lake debris—daily City Council 16 - 197 77FT026 x. Other items as requested by the CR—as needed 3. Any other activities that Contractor performs on a regular or semi-regular basis and as determined or requested by the City will require a schedule to be submitted. 4. Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR for review, and if appropriate, approval, within five (5) working days prior to scheduled time for the work. Notification of change in scheduled work due to circumstances beyond the control of Contractor must be received by the City at least 12 hours prior to the scheduled time for work to begin. 5. All schedules shall be of a format either supplied or approved by the City. 6. Contractor shall adjust work schedules within the same week to accommodate all City- observed holidays, during inclement weather, under emergency notification, and for periods of excessive rainfall. City ouncil 16 — 198 7/7/2026 CITY OF SANTA ANA SECTION XVIII IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 1. Written reports of any repairs or modifications to the irrigation system shall be turned monthly to DR. Failure to do so may delay payment of invoices. 2. Examples of other written reports Contractor shall provide are: a. Monthly irrigation system audit sheet b. Irrigation zone narratives, shall keep a plot plan at the controllers (when applicable) c. Irrigation material purchase request (if applicable) d. Create and maintain an inventory log of irrigation equiptment components throughout the city, by District. B. Irrigation Schedules 3. Contractor shall provide an Irrigation Controller Program Log for each manual controller by area within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the Irrigation Controller Program Log. 4. Contractor shall provide to the City a schedule of all manually-watered areas, including those where use of a vehicle is required, within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the schedule. City Council 16 — 199 / / 26 SECTION XIX CIVIC CENTER A. General Specifications 1. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed. Downtown Civic Center Grounds and Landscape — The Downtown Civic Center Area is the home of federal, state, county, and city government for Orange County. The classification of maintenance required at this site is considered "high-end commercial." 2. All pedestrian hardscape areas, including but not limited to plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc., shall be blown and/or swept clean daily; Monday - Friday. The Contractor is not responsible for blowing parking lots, only for litter removal. Contractor is not responsible for pressure washing. 3. All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. 4. All trash receptacles shall be emptied daily, seven(7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser and polished continuously as stains appear. 5. All cigarette urns shall be sifted daily Monday,Wednesday, and Friday. The sand in the cigarette urns shall be fresh and leveled.Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 6. All drinking fountains shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Monday, Wednesday, and Friday of each week. 7. All trees below 15' shall be pruned four (4) time per year (first week in January, April, July, and October) using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. 8. All shrubs requiring hedging shall be trimmed every two weeks. 9. Replace all 52 state flags in the Plaza of the Flags the first week of January and July of each year. Flags to be provided by City. 10,All turf in the Civic Center area is considered priority turf. 11.Perennial/Annual Color: All perenniallannual color beds shall be maintained and planted/rotated three(3)times per year(first week of January, May, and September)as detailed in Attachment 5. 12.Fertilization: Cyad and Palms shall be fertilized two (2) times per year (first week in March and September) per the City's agronomic plan. 13.The Contractor shall be required to clean trash and large debris in parking lots in the Civic Center. The work shall be performed in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 14.AII signage, drinking fountains, concrete pads, trash receptacles, site furniture, bollards, concrete or asphalt areas with stains around trash receptacles, security City Counclil 16 — 200 7/7/2026 lights, park benches, walls, and the pavement beneath them and other Civic Center amenities shall be cleaned daily. 15.The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. 16.After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all Civic Center areas within twenty-four hours (24 hrs.) at no additional cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 17.Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 18.The Plaza of the Flags shall have flags displayed at all times. The Contractor shall visually inspect the flags every day to assure they are in good condition. Should, in the opinion of the DR, any flag is not in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request a new flag from the DR. Contractor shall raise the new flag immediately upon receipt from the DR. The Contractor shall replace all flags twice a year (January, July) with flags provided by the City. 19.Japanese Garden Pagoda shall be cleaned daily. B. Annual Color Planting and Maintenance Specification at Civic Center 1. Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 26% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. 2. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). 3. Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4"pots and will be planted in an 8"triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: a. Spring/Summer—April through October 1 City Council 16 — 1 age 26 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias b. FaIINVinter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus C. Vandalism 1. Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. 2. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. D. Quality of Life Team (QOLT) (Civic Center) 1. Homeless and Transient Encampent Clean Up a. Contractor shall remove transientlhomeless encampments that may include, but is not limited to tents,soiled clothing, blankets, human feces, hypodermic needles, and items listed above. Clean up multiple encampment sites shall be scheduled or on an on-call basis. b. Work will consist of surveying sites, collecting debris, dismantling temporary structures, removing trash, and disposing of all debris at a local facility specified by the City. Jobsites can be in heavy foliage, embankments,train tracks, creeks and other areas requiring alertness to the environment and pre-planning to prevent injury or illness. C. Contractor shall remove unwanted natural or environmental materials including, but not be limited to, blo-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar. 2. Removal and disposal of debris/rubbish, including: a. Trees, cut brush, dead trees, tree limbs, and similar materials, b. Furniture, mattresses, appliances, scrap metals,junk, automobile parts or machinery, tires, televisions and other electronic devices, c. Structure demolition, including wood frame, concrete, asphalt, bricks or other construction debris, d. Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter, e. Hand sweeping (or blowing) of streets, alleys, sidewalks and similar areas. 3. Contractor may be required to occasionally perform confined space clean-up for entry into designated areas. Cit — 4. Contractor may be assigned to work alongside Santa Ana Police Department and Social Services/Outreach Support Workers when clearing transient/homeless encampments. 5. Immediately contact the City of Santa Ana Police Department in the event that weapons are found. Under most, circumstances, the City's Police Department will have confiscated weapons and illegal contraband prior to the arrival of the Contractor. 6. Contractor may be required to post City provided "Notice to Clean or Remove Property" signs at the work site prior to the commencement of each removal project as established in the work-scope and as directed by City representative. Depending on circumstances, this posting may occur 24-hours from the date of the clean up or as determined by the Projects Manager. Contractor shall photograph posted notices to document time and location of posting as instructed by Projects Manager and City. 7. Contractor may be required to bag and identify personal property left behind at clean-up sites and transport them to a place designated by the Projects Manager or City. Guidelines for property identification will be provided by the City.Such items include but are not limited to items in good repair such as organized backpacks, clean and clearly identified medication, eye glasses in good condition, wallets, handbags, jewelry, operating watches, non-soiled duffel bags, and non-soiled and organized bedrolls. 8. General: a. Furnish all labor,equipment, materials and supplies(including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on City streets, alleys, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance. b. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract. 9. Staffing: a. Mobil Unit: Two (2)full-time employees from Monday—Friday from 7 am- 4 pm to collect, bag, and tag lost and abandoned property with the QOLT team. b. They required a full-size vehicle with an electric dump trailer, or equivalent, to assist with homeless refuse pickup. c. City Yard Storage: One (1) full-time employee from Monday-Friday from 7:30-4:30 managing the storage facility center located at the City Yard. d. No vehicle is required. e. Staff should be trainable by City Staff and SAPID for homeless property pick up and storage. City Council 16 — 203 779b26 SECTION XX LAWN BOWLING A. General Specification, Lawn Bowling Mowing, irrigation, and fertilizing are the primary turfgrass practices needed to sustain a turf surface of acceptable quality on a bowling green. Mowing, irrigation, and fertilizing are interrelated to such a degree that a reduction in leaf area by reducing the mowing height or using the vertical mowers too aggressively would require an adjustment in the frequency and intensity of fertilizing and irrigation. Throughout the growing season, the turfgrass grows both vertically and horizontally. When the turfgrass grows, it gets longer, and the matt gets thicker. Correct mowing of the lawn bowls green maintains the smooth and consistent rolling of the bowls, and the grass shall not get longer and thicker to maintain an ideal playing surface. 1. Equipment required for The Santiago Park Lawn Bowling Greens are required: a. Scott Bonner 30" Queen Mower 16-blade reel mower with a Honda 5.5 hp gas engine, OR EQUAL b. Groomer OJLBC-20002-08, OR EQUAL c. Sand Spreader OJLBC-2005-07, OR EQUAL d. GROUNDSMAN AERATOR OJLBC-1998-05Mode1460, OR EQUAL B. Mowing 1. Bowling at the Santiago Park greens must be done in a north-south direction. Mowing should be done at a 45-degree angle to the roll of the bowl. Therefore, the mowing directions at the green should be northwest to southeast or northeast to southwest. Contractor must perform mowing as follows: a. These directions should be rotated each time mowing is done. b. During the months of April through November, mow two (2) times per week; set mower height to 1/8". c. During the months of October through March, mow once per week; set mower height to %". d. Overlap each pass of the mower by 50%. e. The Scott Bonner blade is sharpened at a 90-degree angle, enabling the blade to be removed and reversed. When both sides of the reel are dull, the blade is removed and back lapped. 2. DethatchingNerticutting : a. Contractor must remove thatch material to allow proper water and nutrient permeability. Thatch is a buildup of dead and decaying herbaceous material at or slightly below the ground level. If thatch remains, the turf builds up unevenly and is more susceptible to fungus infections. The thatch slows the roll of the bowl and can alter the course of the roll. b. Contractor must remove thatch during the months of April through November Verticut, dethatch, and level green twice a week. Set cutting blades' height to % inch in depth. Cit oun Y cil 6 — 2 7/7/2026 3. Grooming. a. Contractor must perform grooming services during the months of April through November every year. b. Contractor must groom grass twice a week as described on page 6 of greens maintenance manual. Schedule work for Tuesdays and Thursdays. Set the cutting blades depth to 1/16 inch. 4. Aeration: a. Contractor must perform aeration during the month of March every year. b. Conractor must plug with '/-inch diameter 6-inch long hollow tines. Remove debris from the greens after plugging. Backfill the empty holes with pure washed sand sieve#60, approximately 7 tons. c. After aeration, coordinate fertilization with the IPM contractor(separate contractor) and immediately finish by watering. City Council 16 — 205 7/7/2026 SECTION XXI CENTENNIAL PARK A. Centennial Park; The Contractor shall clean and maintain the following areas of Centennial Park: 1. The parking lot south of Rancho Santiago College is a part of the agreement site. 2. The unimproved planting area east of Rancho Santiago College is a part of the agreement site. 3. The irrigated area outside of Dan Young Soccer Complex to the west is a part of the agreement site. 4. The Contractor shall pressure wash off daily from pedestrian hardscape areas bird droppings. SECTION XXII VACANT LOTS A. Vacant Lots The Contractor shall perform daily blowing-off, trash and debris removal, including managing weeds. 1. loth and Flower 2. 1 St and Mountain View 3. Bristol and Tolliver 4. Bristol and Myrtle City ouncil 16 — 206 7/7/2026 SECTION XXIII SANTA ANA STADIUM A. Santa Ana Stadium The historic Santa Ana Stadium is a premier youth football and soccer venue. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed: 1. All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown and/or swept clean daily, seven (7) days per week. 2. All parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean once per week, on Thursdays. Trash shall be picked daily. 3. All site amenities, including but not limited to, signage, player benches, hand railing, public telephones, etc., shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Friday of each week. 4. All grandstand bleachers shall be inspected continuously and wiped clean as stains and dirt appear. 5. All turf in the Stadium area is considered priority turf. 6. All surfaces within the Stadium (including tunnels, bleacher areas, all walkways, seats) shall be high pressure washed quarterly (the third Monday of July, October, January, and April) to remove stains, gum, candy, dirt, etc. See pressure washing scope. 7. The contractor shall be able to provide additional staff for special events, before and after, at the stadium to handle the additional trash and debris.These special event services shall be billed per event. City Council 16 — 207 7/7/2026 SECTION XXIV SANTA ANA ZOO A. Santa Ana Zoo(Zoo) The Santa Ana Zoo was established in 1952 and is a 20 acre zoological park and botanical garden. Due to the sensitivity of the animals at the zoo and unique plantings, there are some variances from the standard Grounds-Landscape Specification. The following special maintenance shall be performed for the Zoo site only. 1. The Contractor shall use electric-powered equipment in the course of providing service at the Zoo. Gas powered equipment is not allowed unless approval is granted by the CR. 2. All turf at the Zoo is considered casual turf. Casual turf at the Zoo shall be mowed using a Mean Green Mowers EVQ or equivalent commercial electric mower as approved by the CR. 3. The interior courtyard adjacent to the caf6 and playground sees the highest use levels of all turf areas at the facility. This location should be overseeded and renovated as needed throughout the year to maintain consistent turf quality, aesthetics, and provide the highest amount of usability for visitors. This should be coordinated with the CR for the Zoo. 4. Tree Edging No-Mow Turf- Trees maintained with natural no-mow lawns (i.e. Carex sp.) shall not have shovel cuts around trees. 5. All mulch at the zoo shall be 2" minus composted mulch applied to a 2" thickness unless approved by the CR. Mulch shall not cover root flare of trees and the base of shrubs leading to plant health issues. 6. To lessen the impact on daily Zoo operations and provide the best well-being for the animals, tree pruning specifications include trees up to 30' height with DBH less than 18". This is restricted to the interior of the Zoo and immediately adjacent to animal habitats. This specification allows for ornamental pruning of small and moderate sized trees to occur throughout the year along with routine landscape maintenance services. This has the effect of spreading out the burden on the facility and drastically reduces the amount of time areas need to be closed off to the public. Large trees and trees outside the public areas are not included. Please see attached diagram for a map. 7. An ISA TRAQ Certified Hazardous Tree Professional shall evaluate all Zoo trees and provide a written report using the Arbor Access Tree Management Software program (or an approved equal) one time only within six months of the start of the contract. 8. Tree Establishment — "Treegator" Slow Release Watering Bags or similar shall be provided for newly planted trees as determined by the CR, Gator Bags shall be filled weekly for the first two growing seasons. 9. California Natives and Drought Tolerant Shrubs-Selectively prune and trim all native plants during appropriate seasons to ensure pedestrian paths, walkways and sidewalks are not impeded or as necessary based on best horticultural practices. (i.e. Romneya coulteri pruned to 6" in late summer or fall, Salvia clevelandii pruned in fall, Zauschenria sp. established plants cut back hard in winter after flowering. 10. Bamboo- Dead, old, small, leaning or misshapen culms shall be removed annually. Cuts shall be made as close to the ground as possible and straight across so there All City ouncil 16 — 208 7/7/2026 are no dangerous, sharp points sticking out of the ground. Care shall be taken to avoid damaging newly emerging calms. The CR will provide additional direction on which clumps may be topped to increase the screening effect or "legged-up" for aesthetics. Giant timber bamboo shall be maintained with a minimum of 12"distance from building foundations. 11. Epiphytic Specimen Plants - Epiphytic plants (Platycerium sp., Bromeliads, Anthurium sp., Tillandsia sp., Laelia sp., etc.) require special attention and may not have dedicated irrigation systems. These specimen plants shall be hand-watered at varying intervals depending on the time of the year based on horticultural requirements. Platycerium shall be fully drenched including the fronds. 12. Ornamental Grasses - All Cortaderia selloana (pampas grass) specimens smaller than four feet in diameter shall be removed immediately and disposed to control invasiveness. Warm-season grasses shall be cut to the ground in fall or winter consistent with best horticultural practices. Ornamental grasses shall be cut within 6"with a flat top and not mounded. Large clumps(5+seasons) only exhibiting growth around the edges of the clump shall be dug up, divided, and replanted. Thysanolaena maxima specimens shall be minimally pruned to maintain form and tidiness. 13. Animal Enclosures&Animal and Human Safety-The Contractor's workers must not enter animal enclosures without prior approval from the Zoo Manager or their representative. Workers must not touch or feed any of the Zoo's animals. In the event of an escaped dangerous animal, the workers will be asked to stop work immediately and evacuate the zoo. Annually, the Contractor shall provide their employees working in and around animal exhibits with basic training on zoonotic disease prevention and common-sense sanitary measures. The Contractor shall meet with the Zoo Director or their representative for relevant information before commencing work. 14. Gutter Maintenance-The Contractor shall pay attention to clearance of gutters within the Children's Zoo area to prevent blockage and the growth of weeds. 15. Zoo Closure Days-The Zoo is closed to the public on Thanksgiving Day, Christmas Day (December 25), and New Year's Day (January 1). The Zoo is open all other holidays. The Zoo may be closed to the public during severe inclement weather. Closure days are subject to change by the CR. 16. Rock Mulch Groundcover- Cactus and succulent beds are to be mulched with Dos Rios Pebbles 3/8" by Southwest Boulder and Stone or equivalent type to match existing as approved by DR. Pebble mulch shall be maintained at a 1" depth and kept off adjacent walkways. 17. General Maintenance, Daily Maintenance - All trash and debris (branches, glass, metal, paper, etc.) on the ground or in trash receptacles shall be removed from all worksites, landscaped and paved areas each day Monday through Sunday before 10:00 a.m., when the Zoo opens to the public. All organic debris (twigs, leaves, fruit, sand, gravel, rock, wood chips) on the pathways shall be removed from paved areas each Monday and Friday before 10:00 a.m., when the Zoo opens to the public. DG pathways shall be maintained through limited blowing and raking to reduce particulate pollution and dust in animal habitats. 18. Washing Landscape Material-To maintain plant health and aesthetics, plant material shall be washed down on a regular basis to remove any accumulated dust and cobwebs. City Council 16 — 209 26 19. Inspection of Perimeter Fence—Daily, the Contractor shall inspect the integrity of the chain link perimeter fence for breaches and advise the Zoo Director or CR of issues. 20.Trimming and Weed Removal within Exhibits— a. Quarterly, the Contractor shall blow-off leaf litter accumulating on animal exhibit roofs, netting, cages, etc. including, but not limited to, Colors of the Amazon Bird Aviary. b. Monthly, the Contractor shall inspect plant material in the animal exhibits for damage to the netting and trim plants pushing through animal exhibit roofs, netting, cages, etc. to prevent damage. c. Contractor shall perform weed removal in the Anteater and Amazon's Edge exhibits. 21. Pressure Washing-The Contractor shall perform weekly and as necessary pressure washing of paved areas, site furniture, drinking fountains, etc. in the cafe eating area. 22. Resetting Seating—The Contractor shall, Monday through Sunday, before 10:00 am each morning, reset all tables and chairs in the Zoo. 23. Blowing-Off Exhibits — The Contractor shall blow-off/clean animal exhibit roofs, netting, cages, etc. on a routine basis. Prior to performance, the Contractor shall coordinate with the CR. 24. Storm Drain Maintenance — The Contractor shall continuously maintain the Zoo's storm/area drains, including the filter fiber by keeping them clean and free of debris. The Contractor shall change the storm/area drains filter fiber,which shall be provided by the Zoo, as necessary. 25.Weekly Meeting —The contractor shall plan to have a standing weekly meeting with the CR and involve the IPM representative in the meeting. 26.All IPM and Agricultural pest control services at the Zoo only shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAt_licensed company. City ouncil 16 — 210 7/7/2026 APPENDIX I TERMINOLOGY A. Interpretation 1 Terminology The following terms are for convenience and reference only and are not intended to define or limit the scope of any provision hereof. The following words shall be construed to have the following meanings, unless otherwise apparent from the context in which they are used: 1. As Needed: To maintain the grounds in a clean appearance as determined by the City. The intent is to permit the City to receive services beyond the scheduled frequencies on an occasional basis. Should a service be needed on a consistent basis the City shall amend the Contract with Contractor subject to approval by the City Council. 2. Additional Cleaning (or Operation): The completion of all maintenance tasks, in whole or in part, to ensure that the specified conditions resulting from the "Initial Cleaning" or"Initial Operation" sustained or retained. 3. Appurtenances: Objects or features, which are component parts of the areas to be maintained. Appurtenances include, but are not limited to: seat walls, bollards, valve boxes, bike racks, fences, walls, monument pedestals, decorative features, benches, picnic tables, light standards/flag poles, handrails, electrical panels and transformer enclosures, and signage. 4. Sport/Priority Turf: Grass surfaces are maintained for the goal of primarily providing a smooth, safe playing surface for sports. 5. Automated Irrigation System: Valves, sprinklers, etc.,that are operated using a controller which functions electrically, hydraulically, or thermally. 6. Biopesticide: Certain types of pesticides are derived from such natural materials as animals, plants, bacteria, and certain minerals. 7. BMP: Best Management Practices are identified by individual industry and must be incorporated into the operational management of the Contract. 8. Centrally Operated Irrigation System: Sprinklers, valves, etc., are turned on remotely from centralized software. 9. Confined Area: An area of turf bordered on three (3) or more sides by shrub beds, planters, hardscapes, walls, fences, play areas, decomposed granite areas, or other like borders. 10. Contiguous Hardscape: Hardscape medians that are on the same street as the landscaped medians and continue through to the next major intersection. 11. CR: City Representative. 12. EIC: Employee in Charge. 13. Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate assistance or relief. 14.AEW:Authorized Extra Work not in the contract to be approved by CR before City Council 16 — 211 7/7/2026 starting or completing. AEW's will state the hourly rate of each laborer and trade to make the repairs, sample sheet attached. However, in case of a callback for workmanship failures approved through the AEW, the city will deduct a similar rate to make the corrections via a failure to perform (FTP). 15. ET: Evapotranspiration, or the water lost from a plant system due to evaporation from soil or transpiration of water through the plant. 16. Casual Turf: All grass locations which are primarily used for leisure activities and not used for sports. Not sports or priority 17. Green Waste: Any waste from vegetation, including but not limited to: tree trimmings, grass cuttings, dead plants, leaves, branches, wood and dead trees, and similar materials naturally occurring within the subject areas, or generated as a result of services provided by Contractor. "Clean Green Waste" shall not contain more than 10% contaminants. 18. Hardscape(or Hardscapes, Hardscape Areas): Sidewalks,walkways, patios, quads, game courts, bike paths, paved areas, and like surfaces. 19. Hazgrd:Anything likely to cause a person or animal harm. 20. Homeless imprint: An area defined by belongings, including personal items such as tents, carts, tarps, blankets, furniture, and food, which appears to be a settled area. 21. Initial Cleaning (or Operation): The first cleaning or first maintenance operation of several scheduled for a given day. 22. Interior Roads: Roads that are contained within the boundaries of a given area. 23. Litter: All paper, plastic, cans, bottles, or other material discarded in or on any location within the Contract area other than in a trash container provided for that purpose. 24. Non-emergency: An unplanned service requirement that needs additional attention in a prescribed period. 25. Pesticide: Productsthat prevent,destroy,repel,or mitigate a pest, orwhich are plant regulators, defoliants, desiccants, or nitrogen stabilizers. A registered chemical is identified using an EPA and/or Cal Registration Number, or both. 26. Recyclable Material: Plastic, glass, or aluminum materials have economic value when separated from trash. 27, Repair or Replace: Equipment or property shall be repaired or replaced as determined by the City with like kind and quality. The intent is to maintain the equipment or property in good condition and consistent with the current model brand or manufacturer. 28. ROC: Rail Operations Center. 29. ROW: Right-of-way. 30. SDS: Safety Data Sheet 31. Spot Cleaning: The cleaning of only those portions of a floor, walkway, wall, fixture, table, furnishing, handrail, bench, or other surface(s)which are soiled (dirty, stained, marked, smudged, etc.), where the entire surface may not be sufficiently soiled to warrant cleaning the entire surface. The contractor shall City Council 16 — 212 7/7/2026 interpret the term "spot cleaning"to include the complete cleaning/washing of any surface which does not or would not, have a clean, uniform appearance after the cleaning of only portions of that surface. 32. Street Sidewalks (or External Sidewalks): Sidewalks or paved walkways that parallel streets, and which may exist on the perimeter of or adjacent to the areas to be maintained. 33. Trash: All litter, garbage, refuse, rubbish, dead fish and birds, human or animal feces and other materials and substances discarded or rejected as being spent, useless, worthless, or waste. 34. Pressure Washing: Power washing with the use of high-pressure hot water spray to remove dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 35. Failure to Perform (FTP): Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of$300 per site per item per day not corrected or the cost to have an outside contractor perform the service. 36. Compost: The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be i) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7; or ii) produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State's composting operations regulatory requirements. 37. Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). 38. Recovered Organic Waste Products: Products made from California, landfill- diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. 39. SB 1383: Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 40. SB 1383 Eligible Mulch: Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section Ih City Council 16 — 213 7/7/2026 18993.1(f)(4) for the duration of the applicable procurement compliance year. FOR PROPOSERS' REFERENCE ONLY City Council 16 — 214 7/7/2026 APPENDIX II ADDITIONAL TERMS AND CONDITIONS City Council 16 — 215 7/7/2026 TABLE OF CONTENTS SECTION 1. CONTRACT REQUIREMENTS 1.1 Independent Contractor 1.2 Contract Transition 1.2.1 Transition In 1.2.2 Transition Out 1.3 Hours and Days of Maintenance Services 1.3.1 Scheduling of Operations 1.3.2 Service Schedules 1.4 Non-Interference 1.5 Consumable Materials and Supplies— Contractor-Supplied 1.6 Consumable Materials and Supplies— City-Supplied 2. RESPONSIBILITIES OF THE CONTRACTOR 2.1 Inquiries and Complaints 2.2 Safety 2.3 Vehicles and Equipment 2.4 Locks and Keys 2.5 Service Yard and Storage Area(s) 2.6 Utilities 2.7 Traffic Control 2.8 Bloodborne Pathogens and Biohazardous Material 2.9 Accident Reporting and Site Securing 2.10 Vandalism 2.11 Cooperation / Collateral Work 2.12 Protection of Existing Facilities and Structures City Council 16 — 216 7/7/2026 2.13 Protection of Property During Inclement Weather (Emergency Response) 2.14 Emergency Numbers and Emergency Call-Outs 2.15 Contractor's Staff 2.16 Work and Workmanship 2.17 Supervision and Special Skills 2.18 Management and Enforcement 2.19 Contact with Minors 3. EXECUTION OF WORK 3.1 Subcontracting 3.2 Contractor Hiring 3.3 Notice Requirements 3.4 Default by Contractor/Termination 3.5 Temporary Suspension of Work 3.6 Damage Caused by Contractor 3.7 Non-Emergency Call-Outs 3.8 Work Not Included 3.9 Signs / Improvements 4. ENVIRONMENTAL REQUIREMENTS 4.1 Environmental Requirements 4.2 Refuse Disposal 4.3 Hazardous Materials 4.4 Sound / Noise Control Requirements 5. CHANGES TO THE CONTRACT 5A City's Right to do Work 5.2 Changes in Service City Council 16 — 217 7/7/2026 5.2.1 Special Events 5.2.2 Construction Activity and Maintenance Functions 5.3 Special Requests 5.3.1 Soil and Plant Testing 6. CONTRACT ENFORCEMENT AND EVALUATION 6.1 Contract Enforcement 6.2 Performance Evaluation City Council 16 — 218 7/7/2026 SECTION 1 CONTRACT REQUIREMENTS 2.1 Independent Contractor The Contract between City and Contractor is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership,joint venture or association, as between the City and Contractor. The contractor understands and agrees that all persons furnishing services to the City under this Contract are,for purposes of Workers'Compensation Liability, employees solely of the Contractor and not of the City. The contractor shall bear the sole responsibility and liability for furnishing Workers'Compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder. 2.2 Contract Transition 2.2.1. Transition In Contractor shall provide a written statement of their transition plan to include potential personnel who will be on the transition team and their roles, subject to City approval. Also included shall be sample timelines illustrating when the Contractor will be fully in place and performing all tasks. The anticipated transition period will be three(3) months. A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel-cut all tree rings; 2) raise all trees; and, 3) mulch all areas; 4) irrigation audits; S) pressure washing appurtenances; 6) and repair DG paths. The Contractor acknowledges that each site's irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each site's rotors/heads and lateral irrigation lines. Following the initial agreement for start-up repairs, the Contractor shall assume responsibility for future repairs (see Appendix D 2.4 herein). 2.2.2 Transition Out Contractor shall work in good faith with the City to transition out of the service, should a new Contractor be selected. The storage areas used by the Contractor shall be left in an orderly manner. All materials and equipment owned by the Contractor shall be removed from storage areas in a timely manner. Upon Contract completion,all keys, cards and remote controls given to Contractor shall be returned to the City's designed City Representative (CR)with a final walk-through with the Contractor and the CR. 2.3 Hours and Days of Maintenance Services 2.3.1. Scheduling of Operations a. Normal work hours are from 6:00 a.m. to 6 p.m., Monday through Sunday, unless City Council 16 — 219 7/7/2026 otherwise specified. The contractor shall perform work at such times as to minimize disturbance or interference to the residence and pedestrian or vehicle circulation (e.g., early morning mowing or irrigation checks, etc.) No routine mowing or pruning shall occur on Saturday or Sunday unless pre-approved by the CR(s). Only those tasks related to cleaning or trash shall become routine on Saturdays and Sundays. b. The contractor shall perform work following the pre-approved schedules during City business or non-business hours, depending on the needs of the facility where work is performed. c. Changes in the schedule by the City may be made with five (5) business days advance written or verbal notice to the Contractor. d. The contractor must notify the CR(s) of any problems or service interruptions within twenty-four (24) hours or the next business day. Unavoidable service disruptions may be completed at a later date at the discretion of the CR(s). e. Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. f. Repeated service interruptions without justification or approval of the CR(s) shall be subject to action provided for herein. g. The contractor shall provide adequate staffing to perform the required services during the prescribed times. h. Any changes in the days and hours of service heretofore prescribed shall be subject to approval by the CR(s). i. The contractor shall be available for on-call services twenty-four (24) hours a day. j. Non-emergency on-call requests shall be responded to within four (4) hours of notification by the City representative or as mutually scheduled and agreed to by Contractor and City representative. k. The contractor shall respond to all requests for on-call emergencies within one (1) hour of notification by the City representative. (Explained further in Section 3.14) i. On-call service rates shall be based on Contractor's hourly rate as quoted in Appendix E for such work. m. Certain maintenance tasks may have time restrictions or extended time requirements. The contractor must observe and respond to these restrictions and requirements. n. The contractor shall adjust schedules to meet the Specifications and compensate for all City observed holidays. 2.3.2 Service Schedules City Council 16 — 220 7/7/2026 a. The contractor shall, within 30 calendar days of the effective date of the Contract, submit all work schedules to the CR(s)for review and approval. Said work schedules shall be based on a twelve-month calendar and be in a format approved by the City. b. Any other activities that the Contractor performs on a regular or semi-regular basis, as determined by the City, will require a schedule to be submitted upon request by the City. c. The contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR(s) for review and if appropriate, approval within five (5) working days before the scheduled time for the work. d. At the discretion of the City, monthly meetings (or at an increased frequency if deemed necessary by the City) between the Contractor and the CR(s) may be scheduled to determine progress and address any changes in schedules, problem areas, etc. e. Changes or variations in scheduling may be necessitated by City special events, recreation classes, reservations, etc. The contractor shall adapt any or all schedules to the City's requests. 2.4 Non-Interference The Contractor shall not interfere with the public use of the sites and shall conduct its operations as to offer the least possible obstruction and inconvenience to City employees and the public or disruption to the peace and quiet of the area within which the services are performed. In the event of recreation programming issues, special events, etc., the Contractor may be required to alter the schedule to avoid interfering and may be required to return at a later time to meet the task and frequency. 2.5 Consumable Materials and Supplies—Contractor-Supplied The contractor, as a component of the cost proposal,shall provide all of the following items: a. Trash can liners (except at the zoo facility) b. Cleaning agents, spotting agents, polishes c. Disinfecting cleaning agents d. Cleaning-related supplies e. Chemicals (as specified) f. Pest/weed control chemicals (as specified) g. Annual plant materials or any plants that die due to delayed irrigation repairs h. Mulch/topdressing per the contract specifications City Council 16 — 221 7/7/2026 i. Brick dust j. Grass seed (as specified) k. Fertilizer (as specified) I. Tree stakes and ties rn. Dog bags for Doggie Dispenser No additional payment will be made for these materials. All Contractor provided chemicals, cleaning agents, and materials are subject to review and approval by the City. 2.6 Consumable Materials and Supplies—City-Supplied The City will supply, at no cost to the Contractor,the following items: a. All replacement plant material (not including annuals), except those damaged by the Contractor. b. Irrigation replacement parts (as specified) c. Trash cans d. Playground sand and bark e. Signs —water conservation for medians, wafter audit, field renovation f. City will be provide DG as needed per the specifications. g. Trash can liners (at the Zoo facility only) The contractor shall request these materials from the CR(s), and shall ensure proper and secure storage of these materials in an area specified by the CR(s). The contractor shall also ensure proper distribution and monitoring of these material slsupplies to prevent waste, theft, or other abuse. The contractor shall provide a log specifying where and when supplies have been used,and this log shall be made immediately available to the City upon request. City Council 16 — 222 7/7/2026 SECTION 2 RESPONSIBILITIES OF THE CONTRACTOR 3.1 Inquiries and Complaints 3.1.1 The contractor shall maintain a telephone at their facilities, listed in the telephone directory in its name or in the firm name by which it is most commonly known. At this location, during the daily hours of maintenance operation, the Contractor shall have some responsible person(s), who is proficient in English, employed to take the necessary action regarding all inquiries and complaints that may be received from the City. An answering service shall be considered an acceptable substitute to full-time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. 3.1.2 During regular working hours, the Contractor's Foreman, or an employee responsible for providing maintenance services, shall be available for notification and able to respond through electronic communications within 30 minutes. 3.1.3 During regular days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage, the City may, after a reasonable attempt to notify the Contractor, cause such action to be taken by the City workforce and charge the cost thereof as determined by the City to Contractor or may deduct such cost from an amount due to Contractor from the City. 3.1.4 The Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken thereto or the reason for non-action. The complaints log shall be open to inspection by the City at all reasonable times. The City will maintain work order and email files. 3.1.5 All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or the Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City. Such cost shall include all City staff time required to resolve the problem and appropriate overhead charges. 3.2 Safety 3.2.1 Contractor shall provide a safe workplace and comply with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) laws and regulations and any other applicable law, rule, regulation, ordinance and risk management standards. The contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. All City Council 16 — 223 7/7/2026 hazardous substances shall be listed per site, and Safety Data Sheets (SDSs) available at all times. 3.2.2 The Contractor shall be responsible for inspecting, identifying, and securing any condition(s) that renders any portion of a site unsafe and any unsafe practices occurring thereon. The CR(s) shall be notified immediately of any unsafe or undesirable condition(s) via email, phone, or instant messaging ensuring that it was received. This includes, but is not limited, to the following: a. Damaged/inoperable fixtures, hose bibs, or irrigation components b. Running water, irrigation breaks, weeping valves, etc. c. Evidence of arson, vandalism, or other crimes d. Damaged signs or drinking fountains e. Damaged benches or tables f. Graffiti g. Hypodermic needles or condoms h. Large amounts of blood or feces i. Hazardous or suspicious materials/items j. Insect, rodent, or bird infestations k. Homeless persons or their possessions I. Items lost by patrons m. Poor turf conditions (i.e., holes, tripping hazards, uneven surfaces, gopher holes) n. Damaged fencing (i.e., holes, loose posts, missing fasteners) o. Standing water, saturated turf, dry spots p. Lake conditions including dead or sick wildlife,water quality issues q. Downed tree limbs r. Unsafe walkways s. Unstable trees t. Improperly supported trees (i.e. stakes, trees) u. Other hazards, as applicable 3.2.3 The contractor shall be responsible for making minor corrections including, but not limited to: using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor-damaged valve box covers, and securing any damaged apparatus to protect members of the public or others from injury. 3.2.4 If needed, the Contractor shall assist the public by summoning emergency assistance at the site. The contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, beginning with immediate notification, and then a complete written report of the nature of the issue to the City within five (5) days following the City Council 16 — 224 7/7/2026 occurrence. 3.2.5 The contractor shall also ensure that: a. Vehicles, equipment, and hand or power tools are not left unattended or laying on walkways, grounds, or appurtenances where patrons may be put in jeopardy. b. Operator and machine safety equipment shall be in place and operational. c. Machine speed and operational characteristics shall match manufacturer's recommendations. d. Transport and operation speeds shall be within the maximum limits established for the site. e. After the protection of public safety, the preservation of site equipment, appurtenances, infrastructure, and public activities shall be paramount. f. Debris from operations shall not be allowed to compound existing conditions on hard surfaces and public access areas. All debris deposited on these areas as a result of the Contractor's work shall be cleared from hard surfaces and public access areas before leaving the site that day. g. The contractor shall remedy hazardous materials on site which result from Contractor's work and shall properly dispose of the materials off-site. The contractor shall notify all appropriate agencies. h. Malfunctioning equipment shall only be left on site with barricading, tagging, and reasonably supervising it until repairs are affected. In no case shall the equipment be left on site overnight. i. During all operations, the Contractor shall be subject to local ordinances regarding noise levels (see NOISE in Santa Ana Municipal Code). Any scheduling of the Contractor's operations may be modified by the City at no additional compensation to the Contractor to ensure that the public is not unduly impacted by the noise of equipment or operations. j. Fuels and additives shall not be left exposed or accessible to patrons. k. Fueling and repair operations shall be performed off of turf areas and away from patron activity. i. All pesticides shall be handled appropriately and safely. 3.3 Vehicles and Equipment 3.3.1 The contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment. 3.3.2 The contractor shall immediately repair or replace all equipment deemed by the CR(s) to be unsafe, irreparable, or in unsatisfactory condition. 3.3.3 The contractor shall provide and properly maintain all necessary vehicles and equipment including, but not limited to: vehicles, mowers, edgers, saws, blowers, water hoses and City Council 16 — 225 7/7/2026 nozzles, squeegees, and high-pressure/low-volume sprayers. 3.3.4 All vehicles shall display Contractor's name with an approved City service statement visible, such as: X.Y.Z. Contracting, Inc. Serving the City of Santa Ana A prototype of the magnetic placard shall be submitted to the City for approval within 30 days of the award of the Contract, with the placement of the placards on all vehicles operating within the City limits to take place within 60 days following the recognition of the Contract. 3.3.5 All equipment shall receive scheduled preventive maintenance to promote equipment reliability and ensure optimum performance at all times. 3.3.6 All equipment is subject to CR's approval. 3.3.7 Equipment failures that happen more than three (3) times in one (1) month will be subject to deductions and a directive to replace the unreliable piece of equipment. 3.3.8 In preparing the proposal, the Contractor shall consider the following conditions pertaining to the vehicles and equipment utilized in the completion of the specified maintenance tasks: a. The City Council of Santa Ana is considering banning all fuel-powered (e.g., gasoline, methanol) leaf blowers. The contractor will not receive additional compensation should such a ban be implemented before or after the award of the Contract. b. Mowers utilized for the hybrid Bermuda athletic turf must be dedicated solely to that hybrid Bermuda grass to prevent contamination. c. A self-contained power scrubber unit shall be required to perform washing and steam-cleaning operations. The contractor shall meet all specified criteria as outlined in Section 22.2 of the Specifications in Appendix B. All wastewater recaptured by such a unit must be disposed of in a sanitary sewer approved by the City. 3.3.9 The contractor's vehicles may be permitted to drive on turf when conditions allow following specific routes designated by the CR(s). Areas designated as "unavailable for vehicle travel," such as natural habitat areas, shall be serviced by other means. 3.3.10 The City shall provide, if possible, a storage area(s) at those sites that are not immediately accessible to Contractor's vehicles. (If a storage yard is unavailable the contractor shall have a storage facility close to the City of Santa Ana to impact the maintenance). 3.3.11 Larger vehicles may be allowed in the performance of non-regular maintenance tasks, with the approval of the City. 3.4 Locks and Keys 3.4.1 Access to City facilities shall be in accordance with instructions, keys, andlor security cards issued or provided by the CR(s). Access may include special instructions about security systems installed atfacilities. The contractorshall take all reasonable precautions to ensure that the security of the facilities and internal equipment, furnishings, and other items are always maintained. 3.4.2 The City may develop an initial chain and lock system with a specific number of City Council 16 — 226 7/7/2026 replacement locks for trash containers, restrooms, gates, valve/pump cover boxes, and controllers. The contractor shall be responsible for purchasing similar locks upon the loss of any City-owned locks initially provided to the Contractor. The City shall exchange, one- for-one, locks that have been vandalized or are inoperable. 3.4.3 Contractor may provide a chain and lock system, at Contractor's expense, for trash containers located throughout the site to secure and limit the removal or tipping of the containers. 3.4.4 The Contractor shall be responsible for the series of keys assigned to it and assign these keys to its personnel to maintain the facilities. The contractor shall be responsible for the proper use and safekeeping of all keys issued by the City to the Contractor. 3.4.5 Contractor shall report all lost or stolen keys to the City representatives) within twenty- four (24) hours of discovering the loss. The contractor shall reimburse the City for the total cost of re-keying the facility or duplicating additional keys, as determined by the City. 3.4.6 Upon termination or cancellation of the Contract, Contractor shall immediately return all keys, cards, remote controls, etc., to the City. 3.4.7 California law stipulates that it is unlawful for a person to duplicate any keys without the owner's permission. The penalty for violation of this law is either six (6) months imprisonment or a fine of$500.00, or both. 3.5 Service Yard and Storage Area(s) 3.5.1 The City, at its discretion, may provide storage and office facilities for Contractor's use. In such cases, the Contractor is prohibited from using said facilities to conduct any of its business outside the scope of the Contract. Further, said facility shall not be used for human habitation, other than a night watchman or patrol service as specifically approved by the City. 3.5.2 CR(s) shall identify and authorize Contractor to use a designated area, if available, exclusively or shared with City, for onsite storage as needed. If the designated area is shared with the City, Contractor shall identify equipment, materials, and supplies belonging to Contractor. If the City provides an area, the Contractor is responsible for securing and providing the CR access. The contractor shall safely store all supplies and compliance with all laws and regulations. 3.5.2.1 The contractor may not store any trash, litter, or recyclable material at the facility or in any vehicle for a period of over 24 hours. Notwithstanding the foregoing, the Contractor must conduct all operations at the facility in compliance with all applicable laws and regulations so as not to create a nuisance. 3.5.2.2 The contractor shall not"stockpile" hazardous materials in any quantities at the facility and shall not maintain any amount of such material at the facility greater than that which Contractor plans to use within the following 30 days. Notwithstanding the foregoing, the Contractor shall sometimes store all hazardous materials in compliance with all applicable state and federal laws and regulations. City Council 16 — 227 7/7/2026 3.5.2.3 The contractor shall not dispose of hazardous material on the site. All such hazardous materials collected on the site shall be appropriately stored temporarily, after that to be disposed of by Contractor at an approved disposal site, per California statutes. 3.5.3 Contractor, at its own risk, may store equipment and materials required for maintenance in said facility, providing the City has agreed to provide such facility. However, the Contractor must always use safety standards and handling procedures as applied to such equipment and materials. This contract assumes minimal facilities for the Contractors' vehicles and equipment. 3.5.3.1 City shall not be liable for damage or loss to Contractor's equipment, materials, and/or personal property. The contractor shall hold City harmless and waive any claims for damage for loss of use of any equipment, materials and/or property that may occur at City facilities. 3.5.4 Contractor shall maintain the service yard and/or storage area(s) in a clean, weed-free, well-organized manner in keeping with the highly visible nature of the surrounding area. Failure to do so may result in the Contractor's loss of the use of the storage area(s). 3.5.4.1 The service yard and/or storage area(s) occupied by Contractor shall be cleaned and swept once per week and the sweepings disposed of in a lawful manner. 3.5.4.2 Contractor shall remove all undesirable material including, but not limited to, trash, accumulated debris, and equipment that is no longer usable for the purpose it was intended for, from the service yard and/or storage area(s). 3.5.5 The City may inspect service yard and/or storage area(s) for compliance anytime at City's discretion. 3.5.6 Upon expiration or termination of Contract, Contractor shall restore service yard and/or storage area(s) to its original condition. Nothing contained herein which permits Contractor to use designated space shall be deemed or construed as a lease of space, but shall be a mere right to use. 3.6 Utilities The City shall pay for the installation and use of all utilities at these sites,with the exception of the Contractor's telephone hookup and service. 3.7 Traffic Control 3.7.1 When working in road rights-of-way, Contractor shall comply with all procedures and requirements specified in the State of California (CALTRANS) Manual of Traffic Controls for Construction and Maintenance Work Zones and within the confines of applicable OSHA requirements. 3.7.2 Contractor shall cooperate with the Santa Ana Police Department (SAPD) relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of vehicles. If required, the contractor shall obtain an encroachment permit for any partial or complete lane closure. All work that requires traffic City Council 16 — 228 7/7/2026 controls will need to comply with the current WATCH manual. 3.7.3 When entering or leaving roadways carrying public traffic, Contractor's equipment, whether empty or loaded, shall in all cases, yield to public traffic. 3.7.4 Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or WATCH Book). Lighted signs or arrow boards are required as needed. 3.8 Bloodborne Pathogens and Biohazardous Material The contractor's staff shall be aware of potential exposure to bloodborne pathogens through hypodermic needles, blood and feces, and shall wear personal protective equipment. Contractor shall treat hypodermic needles, large quantities of feces, and any rags, paper towels, or other materials containing blood as biohazardous material. Only individuals trained in the removal and disposal of such material shall do so. Contractor shall immediately notify the appropriate authority upon the discovery of such occurrences. Contractor shall secure the affected site until such time that the appropriate authority can respond. See California statutes and guidelines for process. 3.9 Accident Reporting and Site Securing Contractor shall immediately notify the designated CR(s)of any accident, regardless of whether or not injury or damage is evident, involving park patrons, City staff and equipment, and Contractor's staff, vehicles, and/or equipment shall secure the site until rendered safe. Contractor shall provide all written reports and/or documentation requested by the City. 3.10 Vandalism The contractor shall report any damage to City property, including but not limited to vandalism,Acts of God, and third-party negligence to the CR.Via email, phone call, or message as determined by CR. 3.11 Cooperation I Collateral Work The City and other contractors will conduct on-going activities and operations during Contractor's work. These activities will include but are not limited to landscape refurbishment, irrigation system modification or repair, construction and storm-related operations. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by the Contractor as a result of the City's work. Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the CR(s)to cooperate. 3.12 Protection of Existing Facilities and Structures The contractor shall exercise due care in protecting from damage all existing facilities,structures and utilities, both above surface and underground, on the City's property. 3.12.1 Any damage to City property deemed to be caused by Contractor's negligence or failure City Council 16 — 229 7/7/2026 to use due care shall be corrected or paid for by Contractor at no additional cost to the City. 3.12.2 If the City requests or directs Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release Contractor's duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City. 3.13 Protection of Property During Inclement Weather(EmeMency Response) During storms and periods of excessive rainfall, and in conjunction with Emergency Call-Outs (below), Contractor shall provide supervisory inspection of the work during regular working hours to prevent or minimize possible damage from such adverse weather. The prime factors in assigning work shall be the safety of the workforce and damage to landscaping. 3.13.1 Contractor shall submit a report identifying any storm damage to the CR(s) and attach a site map identifying location of damage and cost estimate to repair/replace within 48 hours. 3.13.1.1 Report shall contain photos with captions. 3.13.1.2 If remedial work is required beyond the scope of this Contract, it shall be paid for as AEW. 3.13.2 Contractor shall remove debris accumulated by high winds or other typical or non-typical environmental conditions. The contractor shall remove minor silt and debris from athletic fields, V- ditches, adjacent inverts, storm drains, etc. 3.13.3 During the periods that excessive rainfall hinders normal operations, the Contractor shall adjust its activities to perform functions such as litter and debris pick-up, remove downed limbs, clear drains and other duties as deemed necessary by the CR(s). 3.13.3.1 During periods of excessive rainfall, the Contractor shall keep all area drains and draining facilities clear and operating and remove water from all tot- lot areas, if directed. 3.13.4 Failure to adjust the workforce to show satisfactory progress, as determined by Contractor and CR(s)jointly, on the work may result in a deduction of payments. 3.14 Emer enc Numbers and Emer enc Call-Outs 3.14.1 Contractor shall supply the City with name(s) and phone number(s) of person(s) representing the Contractor for 24-hour emergency response, seven (7) days per week. 3.14.1.1 The City will, in turn, provide Contractor its emergency contact information so that in the event Contractor must contact the CR(s), this information can be utilized. 3.14.2 Contractor shall have the capability to receive and to immediately respond to calls of an emergency nature during normal working hours and during hours outside of normal working hours (See Section 2.3.1.k). Contractor shall be available via voicemail, text, phone, or answering service. The aforementioned information shall remain current at all City Council 16 — 230 7/7/2026 times. 3.14.2.1 Contractor shall respond by phone within 30 minutes of a call from the CR(s), and shall be on site within 30 minutes of the call back. Any changes to contact information shall be forwarded to the City in writing within 12 hours of any such change. 3.14.2.2 In situations involving emergencies after normal work hours, Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour. 3.14.2.3 Calls of an emergency nature received by the City shall be referred to Contractor for immediate disposition. 3.14.3 If emergency work is required, the Contractor shall notify the CR(s) by telephone before any emergency work is commenced. 3.14.4 Contractor's vehicle shall carry sufficient equipment to control traffic (barricades, delineators, cones, etc.). 3.14.5 When the Contractor arrives at the site, Contractor shall set up traffic warning and control devices and any other safety devices, if deemed necessary, and proceed with remedial action after contacting the CR(s). 3.14.7 Public health/safety matters requiring an emergency response include but are not limited to: any portion of the irrigation system functioning in a non-operational manner, broken water mains, stuck valves,the threat to private property resulting from Contractor's operations, fallen trees, down or hanging limbs, natural disasters, etc. 3.15 Contractor's Staff The contractor shall provide sufficient personnel to perform all work by the Specifications set forth herein and in Appendix A, B, C, and D. This is a performance-based Contract. 3.15.1 In its proposal, the Contractor shall define the minimum staffing. It is up to the Contractor to complete all tasks as defined, regardless of staffing, but they shall maintain at least the minimum staffing, as stated in their proposal, at all times. 3.15.2 In its proposal, the Contractor shall list the names of all employees, titles, hours and which location/area each employee is assigned. DIR reporting sheets will be used to verify staffing levels by area. 3.15.2.1 Each crew of Contractor's employees shall include at least one(1) individual who speaks and comprehends the English language at a professional level. 3.15.3 The City may, at any time, give Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City or public. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter, and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employee(s)will not be detrimental to the interest of the City or public. Examples of employee conduct or action that prove detrimental to the interest of the City of public include, but are not limited to: City Council 16 — 231 7/7/2026 • Unprofessional behavior • Misleading or false statements • Misrepresentation of work accomplishments • Illegal activities City Council 16 — 232 7/7/2026 3.15.4 Contract-designated staff employees shall not work on supplemental tasks (AEW) during regular work hours. If worked during regular hours, additional staff will be required, contracted work shall not experience any reduction in frequencies or quality. 3.15.5 Contractor shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and the public the name of the Contractor. The identification system shall be furnished at Contractor's expense and may include appropriate attire and name badges as specified by the City. 3.15.6 Contractor shall require each of its employees to adhere to basic standards of working attire, including full uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. 3.15.6.1 Employee pants, shirts, jackets, and sweatshirts must be uniform. Shirts, jackets, and caps used as uniforms shall bear Contractor's identification logo. 3.15.6.2 Shirts shall be worn at all times, and shall be buttoned and tucked-in. 3.15.6.3 No caps with insignias or designs other than Contractor's logo may be worn, and no caps shall be worn backwards. 3,15.6.4 The City shall approve Contractor's uniform prior to the start of the Contract. 3.15.7 The City expects Contractor's staff to turn into CR(s) all items that have been lost or misplaced by the general public, regardless of perceived value. Contractor shall communicate this expectation to all employees. All items must be returned to the Tree Farm (7600 E. Spring Street, 90815) and have an accompanying landscape area ID and date. 3.16 Work and Workmanship Contractor shall thoroughly complete each task in a professional and workmanlike manner, and shall use quality equipment and materials that comply with all current regulations to complete the scope of work at the proper standards. The safety of workers, passersby, and the public shall be paramount. Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover, sports, or tun`areas. During the periods when inclement weather hinders normal operations, Contractor shall adjust its work force and schedule. Contractor shall immediately notify the City when the work force has been removed from the job site due to inclement weather or other reasons. Supervision and Special Skills The contractor shall assign a supervisor for the north, south, Civic Center, and Zoo districts, as proposed in the labor summary, who will be authorized to act on behalf of the Contractor and who will work regular working hours for the duration of this Contract. He/she shall have at least five(5)years of experience in landscape maintenance supervision. The contractor,and Contractor's staff, must have horticultural expertise and a broad range of experience in plant care and maintenance, including California native and southwest-adapted plants,turf management, entomology, pest control, soils,fertilizers, plant identification, and irrigation system maintenance. The contractor's supervisor shall be capable of communicating effectively both in written and spoken English and have experience in park maintenance projects of the type found in the City of Santa Ana. All supervisors and acting supervisors shall be outfitted by Contractor with a portable personal communication device capable of transmitting and receiving phone calls from anywhere. The crew leader and/or supervisor needs to be available during working hours to meet the CR on any given issue at any service location. Should this individual change, the CR(s)must be notified in writing within five (5)days of the change. City Council 16 — 233 7/7/2026 3.17 Management and Enforcement 3.17.1 The contractor has the responsibility of providing fully trained and qualified personnel. The CR(s) at each site shall closely monitor the staff activity to detect operational irregularities and non-compliance with contractual requirements. 3.17.1.1 Enforcement is the responsibility of the Contractor, not the City. 3.17.1.2 All specifications shall be managed by the Contractor to ensure the standards are being met. 3.17.2 It is Contractor's responsibility to see that the organization oversees all activities. Furthermore, the Contractor must ensure that standards are met and do not delay, ignore, or otherwise limit its contractual obligations. 3.17.3 Before initiating any task, each site shall be inspected by a knowledgeable and responsible employee of the Contractor, who shall determine the practicality of initiating the operation. Upon the Contractor's determination of the impracticality of initiating the operation, the City shall be consulted. The City's decision shall be final. 3.18 Contact with Minors The contractor providing services at any City location shall provide the City with a list of all persons over the age of eighteen (18)who will be working at such locations. State law provides that the Contractor shall fingerprint all such persons referred to herein and shall obtain criminal history information pursuant to California Penal Code 11105 or 13100 for each individual. Priorto the award of the Contract,Contractor shall provide written verification that all persons, as referred to herein, have not been convicted of any offense involving moral turpitude,nor any offense as specified in Penal Code 11105.3(g), nor any offense relating to the type of services to be performed as determined by the City. Contractor shall pay the costs incurred with the fingerprinting and obtaining the criminal history information. Any misrepresentations with respect to Contractor's obligations under this section or failure to comply with the requirements as stated herein shall constitute a breach of the contract thereby giving City the right to terminate the Contract immediately. Contractor shall indemnify the City for any such breach of this section. City Council 16 — 234 7/7/2026 SECTION 3 EXECUTION OF WORK 4.1 Subcontracting No performance of this Contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this Contract without said consent shall be null and void and shall constitute a default under this Contract. In the event of such a default, the City may immediately terminate this Contract. In the event the City should consent to assignment or subcontracting, each term and condition of this Contract shall extend to and be binding upon and inure to the benefit of the assigns, successors or administrators of the respective parties. In the event that the City should consent to subcontracting,the Contractorshall include in all subcontracts the following provision;"This Contract is a subcontract under the terms of a prime Contract with the City of Santa Ana. All provisions of that prime Contract shall apply to this subcontract." The Contractor shall indemnify, defend, and hold harmless the City and its employees from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees. 4.2 Contractor Hiring The City encourages Contractor to create new jobs for low or moderate-income persons and Santa Ana youth for its operations underthis Contract. Contractor agrees that it shall use good faith efforts to create such new jabs. All qualification and hiring decisions will be made by Contractor. The contractor agrees that itwill reasonably cooperate with the City through the City of Santa Ana's Training and Employment Development Officer and staff with respect to recruitment, screening and tracking of employees. In implementing these efforts, such Officer and staff will provide to Contractor, at no cost, pre-screening and pre- qualification of all potential job applicants. Such services include assisting with community outreach to recruit qualified job applicants and conducting pre-screening of all potential job applicants and conducting pre-screening sessions to determine the most qualified applicants for jobs. 4.3 Notice Requirements for purposes of non-performance or otherwise Notice shall be in writing,as a work order,and submitted via email to the Contractor and Director of PRIM. Notice shall be given on the date shown on the email. Change of email address shall be given in the same manner as other notices. 4.4 Default by Contractor/Termination Notwithstanding and in addition to payment deductions for Contractor's deficient performance described within Section 2.3.1 (e) of the RFP, the City may terminate this Contract without liability for damages when, in the City's sole opinion, the Contractor is not diligently performing or otherwise not complying in good faith with the Contract, has become insolvent,has assigned or subcontracted any part of the work without the consent of the City, or has otherwise defaulted in the performance of the Contract, and has not otherwise cured such default after a period of ten (10)days' notice given by the City to do so. Suppose a default situation occurs as a result of the Contractor's non-performance and/or non-compliance to the specifications and requirements herein or any other work applicable under this Contract. In that case, Contractor 't City Council 16 — 235 7/7/2026 agrees that the City may withhold payment or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. If the City terminates the Contract,the City will give notice to that effect to the Surety and Surety shall,within five (5) business days of delivery of the notice, assume control and perform the work as successor to the Contractor, and shall be paid by the City for all work performed. If the Surety does not comply with such notice within said five(5)day period or, after starting to comply, fails to continue,the City may exclude the Surety and the Contractor from all City facilities and have the work completed by City employees, by another Contractor, or by a combination of such methods. All costs incidental to the default of the Contractor shall be charged to the Contractor and the Surety, and may be deducted from any monies due the Contractor. Surety shall pay,within fifteen(15) calendar days of receipt of an invoice, all such incidental costs less any amount deducted from monies due. 4.5 Temporary Suspension of Work The City Representative(s) (CR) shall have the authority to suspend work by the Contractor, wholly or in part for such period as necessary due to unsuitable work conditions,failure of Contractor to carry out directions, unsafe or hazardous conditions, or failure to perform in accordance with these provisions. The Contractor shall request permission of the CR(s), during City business hours, to temporarily suspend work wholly or in part for such period as necessary due to unsuitable, unsafe, or hazardous work conditions or failure of the City to notify the Contractor of changes in locks, security codes or access to facilities being cleaned. 4.6 Damage Caused by Contractor All damage to existing facilities caused by Contractor shall be repaired or replaced at Contractor's sole expense. All such repairs or replacements shall be completed within the time limits specified by the City below: a. Irrigation damage shall be repaired or replaced within one (1) watering cycle or 24 hours. b. All damage to shrubs, trees, turf or ground cover shall be repaired or replaced within five (5) working days. c. All damage to appurtenances shall be replaced within a period of 30 days. All repairs or replacements shall be completed in accordance with the following maintenance practices: a. Trees: All damage, including minor damage, such as bark lost from impact of mowing equipment or string trimmers, shall be subject to replacement with a tree comparable in species and size, as approved by the City, within 30 days. b. Shrubs/Ground Covers: All damage shall be subject to replacement with a shrub or plant comparable in species and size, as approved by the City, within 30 days. c. Appurtenances: All damage caused by Contractor to components of the facilities or grounds, including but not limited to benches, picnic tables, permanent chairs, irrigation heads, valves, valve boxes, controller boxes, concrete walks, railings, fencing, and gardens shall be corrected at Contractor's expense, within 30 days. 4.7 Non-Emergency Call-Outs Time and materials shall be charged for payment on a separate invoice and pre-approved by the City, (i.e.trash pickup generated by special functions)for those items outside of the normal scope of work. The time and material charges shall be in accordance with the submitted cost proposal. City Council 16 — 236 7/7/2026 4.8 Work Not Included Water and electrical billings, except in instances where excessive costs are incurred by the City due to water waste or negligence by Contractor,are not included in this Contract. If the Director of PRM, based upon all of the facts that may be gathered, determines that excessive water and/or utility costs have occurred due to Contractor's work, the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs. 4.9 Signs/ Improvements Contractor shall not post signs or advertising matter on City property unless prior written approval therefore is obtained from the City. City Council 16 — 237 7/7/2026 SECTION 4 ENVIRONMENTAL REQUIREMENTS 5.1 Environmental Re uirements 5.1.1 Contractor shall ensure that all personnel whose responsibilities involve cleaning, waste disposal, or landscaping are trained in Best Management Practices, as set forth in the City's NPDES permit and Storm Water Management Plan. 5.1.2 In preparing its proposal, Contractor shall consider the following conditions pertaining to the completion of the specified maintenance tasks: a. Contractor must conduct all operations in accordance with the City's Storm Water Management Plan and State NPDES. b. Appurtenances must be cleaned by a method(s)which does not result in runoff going into any water body, gutter or storm drains. Only potable water may flow into any water body, gutter or storm drains. c. All wash water must be disposed of in a sanitary sewer. d. No litter, debris, oil, grease, green waste, or other materials and substances may be washed, swept, or blown into the street or storm drains. e. All liquids, including but not limited to, rinse water and cleaning agents, must be properly disposed of in compliance with all laws and regulations. No liquid or product of any kind may be discharged to a gutter, storm drain or paved surface where it could be carried to the storm drain system or to a water body. f. For washing operations, Contractor shall use (1) a high-pressure/low-volume sprayer using only potable water and no cleaning agents at an average use of .006 gallon of water per square feet of surface; or (2) a self-contained power scrubber, which recaptures all wastewater, cleansers, and debris. All wastewater recaptured by a self-contained power scrubber must be disposed of in a sanitary sewer approved by the City. 5.1.3 Contractor shall comply with the City's recycling efforts and program. a. Contractor is required to recycle green waste, keeping it separate from trash and other debris. 5.1.4 Contractor shall have an Integrated Pest Management policy/program in effect. 5.2 Refuse Disposal 5.2.1 Unless directed otherwise, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City City Council 16 — 238 7/7/2026 finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service 5.2.2 The City will provide the refuse bins and pay the costs of the disposal, however, the contractor shall dispose of all trash, litter, and debris collected (i.e. refuse) by Contractor in the performance of the daily maintenance tasks including refuse collection, green waste, debris, litter, trash, emptying of trash cans, and litter control. The refuse collected by the Contractor in the performance of these tasks shall be transported to a proper disposal site by the Contractor. 5.2.3 No trash, litter, debris, or green waste shall be permitted to be dumped from sites not on this contract, If the contractor is found to abuse the refuse bins, the contractor will assume the responsibility to dispose of and pay for all refuse costs for the remaining terms of the contract. 5.2.4 The contractor shall maintain logs or invoices showing Santa Ana address identifying its refuse collection and disposal activities and make those logs or invoices available to the City for inspection on reasonable notice. 5.2.5 The contractor will not be required to sort recyclable materials from trash and other refuse collected by the Contractor. Recyclable 'materials are the property of the City. 5.3 Hazardous Materials Use of any chemicals or hazardous materials by the Contractor in performing services shall be subject to approval of the City and shall be used in accordance with the manufacturer's directions and specifications. Contractor shall store and dispose of chemicals or hazardous materials in accordance with all laws, rules and regulations on the subject. Contractor shall defend, indemnify and hold harmless the City and its officials and its employees for all claims,demands,damage,causes of action, loss, liability,cost or expense relating to the Contractor's failure to comply with this section. 5.4 Sound/Noise Control Requirements Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, specifically Santa Ana Municipal Code 8.80 NOISE, that apply to any work performed pursuant to the Contract. 5.4.1 Each internal combustion engine used for any purpose for the work or related to the work shall be equipped with the type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated without such muffler. 5.4.2 The Santa Ana City Council is considering a ban on all fuel-powered leaf blowers. Contractor will not receive additional compensation should such a ban be implemented prior to or after the award of the Contract. 5.4.3 Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be paid. City Council 16 — 239 7/7/2026 SECTION 5 CHANGES TO THE CONTRACT 6.1 City's Right to do Work The City reserves the right to do work as required within the Contract Areas. If such work affects Contractor's work,the City will ask Contractor to submit costs incurred by Contractor as a result of the City's work. 6.2 Changes in Service 6.2.1 Special Events a. The areas contained in this Contract are frequently utilized for special events. Some of these special events (e.g., filming, carnivals, concerts, parades, etc.) will affect regular grounds maintenance operations for extended periods of time. In these instances, the City may request an alternative means of, or alternate schedules for, maintaining these areas. For example: mowing operations in some areas may not be possible due to a filming setup. In this instance, the City may request the Contractor to control the growth of weeds around the area in lieu of mowing, at no different or additional cost other than the amount proposed for mowing. b. Certain damage to turf, irrigation, and other landscaped areas may result from large special events. Contractor is not liable for the repair of such damage, but may be asked to perform said repair work as "Additional Work." Prior to each large special event, the Contractor and the CR will jointly assess the conditions of the designated sites to establish a benchmark for any needed "Additional Work." 6.2.2 Construction Activity& Maintenance Functions a. In the event that construction activity prevents, or limits, Contractor from performing certain maintenance operations, the City, at its discretion, may remove, temporarily or permanently, the affected areas, or maintenance functions, from the Contract and the Contract price shall be reduced pro rata. 6.3 Special Requests Contractor may be requested by the City to perform special tasks that are not included in the normally scheduled work(i.e.citizen requests,coordination with utility locations, or special work orders relative to City functions). It is intended that the Specifications are indicative of the work to be anticipated by Contractor and will allow for reasonable additional work which is considered normal maintenance at no additional cost to the City in order to meet the objectives and criteria. 6.3.1 Soil and Plant Testing Upon request, Contractor shall perform soil or plant testing of selected areas for soil fertility, salt build-up, pathological organisms, percolation tests, etc. Contractor may be required to pay costs of tests if negative results are related to incorrect maintenance practices. These tests will be used to determine whether additional treatments are required. Tests will be requested by the CR(s). Payment shall be in accordance with Unit Work Costs in the cost proposal. City Council 16 — 240 7/7/2026 SECTION 6 CONTRACT ENFORCEMENT AND EVALUATION 7.1 Contract Enforcement 7.1.1 The contractor or its authorized representative shall meet on the site, as needed, at the discretion and convenience of the City, with a CR to do a site inspection as it relates to determining compliance with the Contract Specifications, site challenges, and/or developing a scope of work. All scheduled and periodic maintenance functions shall have a current status and completion date prior to this meeting and be documented on the electronic monitoring and work order system. Contractor's representative must be authorized to sign documents and make changes to the work. T1.2 The City reserves the right to perform inspections at any time to monitor performance. The contractor shall cooperate with the City, State, and Federal representative(s) in the review and monitoring of the Contractor's performance, records and procedures (see Section 7.2). 7.1.3 At the request of the City, the Contractor or its appropriate representative shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract, and description of City policies and procedures. 7.1.4 In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action. 7.2 Performance Evaluation 7.2.1 City staff shall perform site inspections each day at undisclosed times and at various service areas to determine if scheduled tasks are performed as specified. 7.2.2 If the CR determines that any required services are deficiently performed, incompletely performed, or not performed at the appropriate time as specified by the City, the City will give notice to the Contractor via work order or email to correct the deficiency, complete the performance, or perform within a time stated in the notice. If Contractor fails to correct deficiencies within that time, the City may: (a) deduct $300 from Contractor's payment a sum attributable to the deficiency; or(b) upon giving five (5) days' notice to the Contractor for failure to correct the deficiencies, City may correct the deficiencies. The costs incurred by completion of the work by an alternate source, whether it be City forces or another contractor, will be deducted from the payment to the Contractor from the City, as determined by the City. 7.2.3 A sum of $300.00 will be deducted from the base payment amount for each deficiency per occurrence. 7.2.4 City staff will perform these site inspections utilizing the City's contract performance management system on-site with portable electronic devices with a data connection. These devices allow for performance deficiencies to be documented immediately while completing, which will send a notification immediately to the Contractor. City Council 16 — 241 7/7/2026 CITY OF SANTA ANA r 7.2.5 The action above shall not be construed as a penalty, but as an adjustment of payment to the Contractor to recover a portion of City costs due to the failure of the Contractor to complete or comply with the provisions of this Contract. City Council 16 — 242 7/7/2026 EXHIBIT B VARIOUS CITY SITE MAPS City Council 16 — 243 7/7/2026 • all �S anno'�� N "ORM-0 ,+ d ti .I - V - a AIL In F71ml Ln V • EHlaw - — t '� i� � /l��o t QEa•C i r0l Q ,cPM PAO9 �1 u NO n - _ ... ZO N, L 80 l t l t� — CL C — o = o o � ■� u CJ O �o a O z V sir �� � I ��� •0 1 •- •�� SOMMIN 7 9" i ° ! • Ag ' IMP wry � �` .•—_ � . ^ � n ! , `J L�' �� _ � Lug 1' � � * � �� � ' • •^ {-• ._i City Council - 16 - 245k- 7/7/2026`' ,� ^ - ►� It = 3 v %moo a. 9L - s Lid9d- t ,• t �. - � 1 } Rj \k p. EXHIBIT C PRICING PROPOSALS/RATES City Council 16 — 247 7/7/2026 Page 52 LANDSCAPE WEST .%laii gunient servi(cs.im Attachment A -2 (District 1) ADDENDUM 2 - EXHIBIT I ATTACHMENT A-2 REVISED PROPOSAL PRICING DISTRICT 1 *Total of 9 Full Time Employees*** PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage* Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents Cesar Chavez/Campesino 7 $13,000.00 $156,000.00 9 Edna 2 $8,000.00 $96,000.00 9 El Salvador 9 $17,000.00 $204,000.00 9 King St. Park* TBD $0.00 $0.00 9 Memory Lane 0.6 $2,500.00 $30,000.00 9 Riverview 8 $11,000.00 $132,000.00 9 Rosita 8 $15,000.00 $180,000.00 9 Other(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage* EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) 171h St.&Santa Ana River Triangle 0.69 $1,600.00 $19,200.00 9 Fairview Triangle 0.73 $1,600.00 $19,200.00 9 Annual Total $69,700.00 $836,400.00 9 *Future Park DISTRICT 1:SANTA ANA LIBRARY Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage* Monthly Rate Yearly Rate Equivalents ETC.) New Hope Libray 0.56 $2,000.00 $24,000.00 9 Annual Total $24,000.00 9 1234 North Blue Gum St.Anaheim,CA 92806-P: (714) 8604702 F: (714) 860-4705 City Council 16 — 248 7/7/2026 Page 53 Ll� LANDSCAPE WEST ManageiTient Services.Ills. Attachment A -2 (District 2) DISTRICT 2 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents 10th and Flower Park' 1.7 N/A N/A N/A Angels Community 1.7 N/A N/A N/A Birch 2.4 N/A N/A N/A Cabrillo 7.3 N/A N/A N/A Cabrillo Tennis Center 7.6 N/A N/A N/A Cheppa's 0.4 N/A N/A N/A Eldridge 1.2 N/A N/A N/A Fisher 1.5 N/A N/A N/A French 0.2 N/A N/A N/A Garfield 0.1 N/A N/A N/A Mabury S.5 N/A N/A N/A Mariposa 0.5 N/A N/A N/A Morrison 5.9 N/A N/A N/A Portola 9.1 N/A N/A N/A Saddleback View 0.9 N/A N/A N/A Santiago(including bike trail) 26 N/A N/A N/A Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) 602 N.Garfield Street 0.2 N/A N/A N/A Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage ETC.) Garfield Community Center 0.2 N/A N/A N/A Plaza Calle Cuatro 0.2 N/A N/A N/A Sarah Mae Downie Herb Garden 0.1 N/A N/A N/A Santa Ana Stadium 6.9 N/A N/A N/A Willard Playground 0.2 N/A N/A N/A Annual Total N/A N/A N/A 'Future Park DISTRICT 2:COMMUNITY DEVELOPMENT AGENCY Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate Equivalents ETC) 2nd St From Broadway to Sycamore 0.1 N/A N/A N/A 4th St.from Ross to French 0.5 N/A N/A N/A Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents NE corner of 3rd St.and Bush St. 0.8 N/A N/A N/A 312 N.Bush Street 0.1 N/A N/A N/A Annual Total IN/A N/A N/A 1234 North Blue Gum St.Anaheim, CA 92806-P: (714) 860-4702 F: (714) 8604705 City Council 16 — 249 7/7/2026 Page 54 LA*t LANDSCAPE WEST Ntanagoncnt Services,Inc. Attachment A -2 (District 3) DISTRICT 3 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Full Time Acreage' Monthly Rate Yearly Rate Equivalents EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC-) q Bristol/Tol liver Park' 1.1 N/A N/A N/A Bomo Koral 11 N/A N/A N/A Delhi 10.4 N/A N/A N/A Lillie King 9.6 N/A N/A N/A Madison 6 N/A N/A N/A Memorial 15.5 N/A N/A N/A Maple Occidental Exercise Park 0.43 N/A N/A N/A Pacific Electric 1.4 N/A N/A N/A Sandpointe(including paseos) 7.7 N/A N/A N/A Segerstrom 1.2 N/A N/A N/A Standard and McFadden Park 0.64 N/A N/A N/A Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate ETC.) Flower Trail(Flower/Warner to Flower/Sunflower) 1.5 N/A N/A N/A Pacific Electric Trail(Chestnut/Maple to Alton/Bristol) 3.5 N/A N/A N/A Parking Lots(MUST BE FUMY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) 300 S.Main Street 0.4 N/A N/A N/A 1022 S.Main Street 0.1 N/A N/A N/A Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate ETC.) _ Roosevelt/Walker Comm.Center 1.3 N/A N/A N/A Unused Property(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate ETC.) 625 S.Cypress-Cypress Fire Station 0.17 N/A N/A N/A Annual Total N/A N/A N/A *Future Park DISTRICT 3:COMMUNITY DEVELOPMENT AGENCY Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate Equivalents ETC.) Carnagie Homeless Shelter TBD N/A N/A N/A Parking tots(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) NE corner of 3rd St.and Bush St. 0.8 N/A N/A N/A 312 N.Bush Street 0.1 N/A N/A N/A Annual Total N/A N/A N/A 1234 North Blue Gum St.Anaheim,CA 92806-P: (714)8604702 F: (714)8604705 City Council 16 — 250 7/7/2026 Page 55 Z4 LANDSCAPE WEST Managernt;n[Services,Inc'. Attachment A -2 (District 4) DISTRICT 4 ***Total of 14 Full Time Employees`** PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents 1st/Mountain View Park* 1.7 $3,000.00 $36,000.00 14 Adams 7 $8,000.00 $96,000.00 14 Centennial 87 $20,000.00 $240,000.00 14 Ed Caruther's Park* 1.1 $3,000.00 $36,000.00 14 Friendship 0.1 $1,200.00 $14,400.00 14 Heritage 8 $8,000.00 $96,000.00 14 Jerome 14 $10,000.00 $120,000.00 14 Santa Anita 5 $8,000.00 $96,000.00 14 Thornton 35 $16,000.00 $192,000.00 14 Windsor 12 $9,300.00 $111,600.00 14 Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate Full Time Equivalents ETC) Bear Street(Segertrom Ave.to MacArthur Blvd.) 0.49 $1,300.00 $1S,600.00 14 Greenville Street(North of Hall Ave.to Segerstrom Ave.) 0.38 $1,300.00 $15,600.00 14 Jerome(Monte Vista Ave to McFadden Ave) 0.2S $1,300.00 $15,600.00 14 MacArthur Blvd(Santa Ana River Trail to MacArthur Blvd) 0.06 $1,000.00 $12,000.00 14 St. Andrew PI./St.Gertrude PI. 0.18 $1,000.00 $12,000.00 14 Raitt Street(5egertrom Ave.to Alton Ave.) 0.25 $1,000.00 $12,000.00 14 Other(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) McFadden Triangle 0.94 $1,200.00 $14,400.00 14 Annual Total $1,135,200.00 14 *Future Park DISTRICT 4:SANTA ANA POLICE DEPARTMENT Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage* Monthly Rate Yearly Rate Full Time Equivalents ETC) Santa Ana PAAL Center 0.52 $1,200.00 514,400.00 14 Annual Total i i 114 1234 North Slue Gum St.Anaheim, CA 92806 -P: (714) 860-4702 F: (714) 8604705 City Council 16 — 251 7/7/2026 Page 56 LANDSCAPE WEST Manag(micnt Scrvic:S.Inc' Attachment A -2 (Civic Center) CIVIC CENTER `*Total Full Time 6 for Civic Center and 3 Full Time for QOLT** CIVIC CENTER (MUST BE FULLY LOADED AND INCLUDE LABOR, Full Time Acreage Monthly Rate Yearly Rate Equivalents EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) *555,000 for Civic Center&$213,000 for QOLT $64,000.00 $768,000.00 9 Annual Total $768,000.00 9 Attachment A -2 (Sant Ana Zoo) SANTA ANA ZOO `**Total Full Time 6 Employees for Zoo*** ZOO (MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents 20 $43,500.00 $522,000.00 6 Annual Total _ $522,000.00 6 1234 North Blue Gum St.Anaheim, CA 92806-P: (714)860-4702 F: (714)860-4705 City Council 16 — 252 7/7/2026 II n 1 f!� NOTICE OF COMPLIANCE CITY STAFF:PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Landscape West Mgmt Svcs, Inc. Name: Project TBD (2) Number: Project TBD (2) Name: The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: TYPE OF INSURANCE POLICY NUMBER EXPIRATION COI DATE FILE NAME DATE 23-24 WC CI City of Santa Ana- AUTOMOBILE LIABILITY 72UENOL9302 04/01/2024 10/05/2023 Median+Right- Of-Way LAN D800- 0199.p df 23-24 WC CI City of Santa Ana- GENERAL LIABILITY 72UUNOK7437 04/01/2024 10/05/2023 Median+Right- Of-Way LAN D800- 0199.pdf 23 PKG CI City of PROFESSIONAL LIABILITY 72UUNOK7437 04/01/2024 03/27/2023 Santa Ana LAN D800- 0299.pdf 23-24 WC CI City WORKERS COMPENSATION AND EMPLOYERS' of Santa Ana- LIABILITY WSD507365500 10/11/2024 10/10/2023 weed and debrisLAND800- 0199.p df No further action is required at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/5/2024 4-23 PM City Council 16 — 253 7/7/2026 Exhibit 3 INSURANCE ON FILE WORK MAY PROCEED A-2024-007-03 UNTIL INSURANCE EXPIRES C TI2 AX CITY CLERK DATE. FEB 2 3 2024 AGREEMENT WITH MARIPOSA LANDSCAPES,INC. TO PROVIDE GROUND MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between Mariposa Landscapes, Inc., a California corporation ("Contractor"), 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. On October 20,2023 the City issued Request for Proposal No. 23-151 ("RFP"),by which it sought Contractors to provide grounds maintenance services to City parks, bike trails, open spaces, and parking lots with assignment of the varied City districts to be assigned to the selected Contractors. A. Contractor submitted a responsive proposal that was amongst one of the four(4)vendors selected by the City.Contractor represents that it is able and willing to provide the set-vices described in the scope of work that was included in the RFP. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor tinder this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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 Contractor 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 Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference for Districts 2 and 3. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed tinder this Agreement at the rates and charges identified in Exhibit C. The total aggregate stun for services, provided by all four (4) Contractors selected under RFP 23-151. shall not exceed $35,737,920 for the entire term of this Agreement, including any extension periods exercised by the parties,as detailed below. The annual aggregate amount, available to all the selected Contractors, shall not exceed $7,147,584,which includes a base annual amount of$5,228,320 plus a contingency of $1,919,264 for services to be exercised at the City's sole discretion. Page I of 10 City Council 16 — 254 7/7/2026 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 Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the 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 Contractor's account(s) with financial institutions. Paylrlent 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 February 1,2024 for a three(3)year terra until January 31, 2027,with the option for the City to grant up to two (2) one(1) year renewals,exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 1.6, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1.720, of seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1.6000, et seq., ("Prevailing Wage Laws"), which require the payrnont of prevailing wage rates and the performance of other requirements on"public works"and"inaintenancc"projects. If the services being;performed are part of an applicable"public works"or"maintmance" project,as defined by the .Prevailing Wale Laws, and the total compensation is `61,000 or more, Contractor agrees to hilly comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. '],his 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 Contractor performs the services which are the subject matter of this Agreement, however, the services to be provided by Contractor shrill be provided in a planner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries an([wages, employer's social security taxes, tinemployl.11cllt insurance and similar taxes retati.ng to employees and shall be responsible for all applicable withholding taxes. 6. 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 Page 2of10 City Council 16 — 255 7/7/2026 embodied in plans, specifications, steadies, 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 Contractor tender this Agreement ("Documents & Data"). Contractor 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 Linder this Agreement. Contractor represents and warrants that Contractor has (lie legal light to license any and all Documents & Data. Contractor rnakes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in ally way ill 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. 7, INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims fbrinjuries to persons or damages to property which may arise from or in connection with the performance of the wolf hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as; • Commercial General Liability (CGI.,), Insurance Services Office Form. CO 00 01 covering COL oil 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. If a general aggregate limit applies, either the general. aggregate limit shall apply separately to this projeet/location (ISO CO 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability; 180 .Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8)and non-owned autos(Code 9), with limit no less than$1,000,000 per accident for bodily injury and property damage. • Workers' Compensation. as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no loss than $1,000,000 per accident for bodily injury or disease. • Professional I.riability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and$2,000,000 aggregate per policy period of one year. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance p►'oceedS in excess of the specified minimum limits of insurance and coverage shall be available to the City. Page 3of10 City Council 16 — 256 7/7/2026 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions: AalalitlonalInsured Stataas The City, its officers,officials,employees,and volunteers are to be covered as additional insureds on the COL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance(at least as broad as ISOForm CC 2010 1185 or ifnotavailable,through the addition of froth CG 20 10,CG 20 26, CO 20 33, or CO 20 38; raid CG 2037 if a later edition is used). Prinuay Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CO 20 01. 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, Or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. IYaiper arf'SubroA!ation Contractor hereby giants to City a waiver of any right to subrogation which any insurer of said Contractor may aequi.rc against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver Of subrogation endorsement from the insurer. Self�Insaared Retentions Self insured retentions must be declared to and approved by the City. The City may require the Contractor 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. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptaabililp of Iansuieas Insurance is to be placed with insurers authorized to Conduct btisinew; in the state With a Cld.T011t A.M. Best's rating of no less than A:V1l, unless otherwise acceptable to the City. Claims li:,tade Policies (note--m should he applicable,only to profnsionaal ikability,see Leloip) Il'any of the required policies provide claims-niade coverage: 1. The Retronctive Date mast be shown,and must be before the elate of the contractor the beginning of contract wort{. Page 4 of 10 City Council 16 — 257 7/7/2026 2. Insurance must be maintained and evidence of insurance must be provided for at least five(5)years after completion of the contract of work. 3, if coverage is canceled or non-renewed, and not replaced with another elahns-mane policy form with a Retroactive Date prior to the contract effective date,the Contractor must purchase "extended reporting" coverage for a minimrun of.ive (S) years after completion of work, verification of Coverage Contractor shall furnish the 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 City before work begins. However, failure to obtain the required documents prior to the work beginning Shall not waive the Contractor's obligation to provide then. The City reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 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. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees,contractors,special counsel,and representatives morn 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 Contractor, 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 relict'is clue by reason.of the terms of or effects arising from this Agreement. "['his 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 Agrecnient. The Contractor further agrees to indemnify, hold harmless, and pay all costs fear the defense of the City,including lees and costs for special counsel to be selected by the City, regarding any action by a third party ohallengin.g 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 Contractor's services are subject to Civil Code. Section 2782,8, the above indemnity l'age S of 10 City Council 16 — 258 7/7/2026 shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. .10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement, Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursernents 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor shall allow inspection of 8.11 work, data,documents,proceedings, and activities related to this Agreement for a period or three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY if Contractor receives from the City information which clue to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in. the perrortnance of this Agreement, and 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 Contractor disclosed ill a publicly available Source; (C) is in rightful possession or the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests,direct or indirect, which would conflict it, any manner with performance of services specified under this Agreement. Page 6 of 10 City Council 16 — 259 7/7/2026 13. NON-DISCRIMINATION Contractor shall not discriminate because of race,color,creed,religion,sex,marital states, 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal,state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor,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. 'I'h is Agreement may not be inodified except by written instrument signed by the City and by an authorized representative of Contractor. 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 Contractor 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. 15, ASSIGNMENT Inasnnuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination, In SUCK event,Contractor shall be entitled to receive and the City Shall flay Contractor compensation for all services performed by Contractor 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 Contractor to deliver to the City all work products) completed as of such (late, and in Such Case such work product shall be the property or the City unless prohibited by law, and Contractor 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 or performance specified in the Recitals of this Agreement. Page 7 or 10 City Council 16 — 260 7/7/2026 17. 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. 18, 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, Loth 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, 19. PROFESSIONAL LICENSES Contractor 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. Contractor 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. 20. 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-2I} Page 8 of 10 City Council 16 — 261 7/7/2026 P.O. Box 1988 Santa Ana,California 92702 To Contractor: Mariposa Landscapes, Inc. Attn: 'ferry Noriega,President 6232 Santos Diaz St. Irwindale, CA 9.1702 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, comnlUnication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States trail, 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 frannes,weekends, federal,state, County or City holidays shall be excluded. 21. 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 attorn.ey'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, b. Alt 14'xhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [.signature page to follow] Page 9 of 10 City Council 16 — 262 7/7/2026 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ennifer L. 11 „o.*' omas R. Hat i Ci Interim City Manager APPROVED AS TO FORM: CONTRACTOR: SONIA R. CARVALHO City Attorney l =-;t-h- T.Martinez Terry Noriega Assistant City Attorney President RECOMMENDED FOR APPROVAL: a Nabil Saba, PF. Executive Director Public Works Agency Page 10 of 10 City Council 16 — 263 7/7/2026 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES TABLE OF CONTENTS I. GENERAL MAINTENANCE OPERATIONS A. General Operations 5 B. Specialty/ Sports Areas 6 1. Sand Court Areas 6 2. Hard Surface Areas 7 3. Bicycle Trails/AC Walkways 7 4. Decomposed Granite(DG) Surfaces, Walkways, and Trails 7 5. Parking Lots, Bike Trails, and Roads 7 II. IRRIGATION A. General Information 9 B. Water Management 9 C. Maintenance 11 D. Repair 13 E. Personnel 14 F. Materials 14 III. TURFGRASS A. Maintenance—Overview 16 B. Inspections—Sports/Priority Turf 18 C. Casual Turf 18 D. Sports/Priority Turf 19 E. Renovation Process 21 IV. EDGING AND DETAILING A. General Specifications 23 V. GROUNDCOVER A. General Specifications 24 VI. SHRUBS H -11Landscape aintenar% e Page 2/f&26CltCouncilq4 (9) CITY OF SANTA ANA A. General Specifications 26 VII. VINES A. General Specifications 28 VIII. TREES A. General Specifications 29 B. Trees Under 15 Feet 30 IX. LAKE MAINTENANCE A. General Specifications 32 X. PEST CONTROL A. General Specifications 33 B. Procedure 33 XI. WEED CONTROL A. General Specifications 36 B. Weed Control of Hard Surfaces 36 C. Weed Abatement of Fallow or Undeveloped Lands 36 XII. LITTER AND DEBRIS MANAGEMENT A. General Specifications 38 B. Schedule 38 C. Pressure Washing 39 XIII. HOMELESS TASKS /CLEANUP A. General Specifications 40 XIV. DRAINAGE APERTURES A. General Specifications 41 XV. PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 42 XVI. GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 43 XVII. REPORTS AND SCHEDULES A. General Specifications 44 B. Reports 44 CIt�L0U�561I Landscape Maintenar116be Page I 026 (2) CITY OF SANTA ANA C. Schedules 45 XVIII. IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 47 B. Irrigation Schedules 47 XIX. CIVIC CENTER A. General Specifications 48 B. Annual Color Planting and Maintenance Specification at Civic Center 49 C. Vandalism 50 D. Quality of Life Team (QOLT) at Civic Center 50 XX. LAWN BOWLING A. General Specification, Lawn Bowling 53 XXI. CENTENNIAL PARK A. Centennial Park 55 XXII. VACANT LOTS A. Vacant Lots 56 XXIII. SANTA ANA STADIUM A. Santa Ana Stadium 57 XXIV. SANTA ANA ZOO A. Santa Ana Zoo 58 City 1.,03d cil Landscape MaintenanG�Senti , Page ff&26 CITY OF SANTA ANA SECTION I GENERAL MAINTENACE OPERATIONS This section establishes overall daily contract requirements that the Contractor shall perform unless otherwise specified in later sections. Other specifications given per section are to be utilized as unexpected situations arise and clarification of service is required. It is Contractor's obligation to fully understand the grounds' landscape specifications. Additionally, for all mulch and compost needs that are necessary for Landscape Maintenance, the City's Refuse Contractor Republic Services shall provide freee mulch and compost for all City projects. For all other mulch and compost that requires the Contractor to procure, the the Contractor shall: • Use Compost and Senate Bill (SB) 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovations, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). • Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the City's Solid Waste Enterprise annually upon request. Information to be provided shall include: o General description of how and where the product was used and applied; o Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; o Quantity and type of each product; and o Invoice or other record demonstrating purchase or procurement A. General Operations 1. All areas shall be inspected daily and be maintained in a neat, clean, and safe condition at all times. 2. All drinking fountains shall be checked weekly and kept clean. Clean is defined as free of standing water, disinfected, free of calcium deposits or other encrustations, well-polished, and with drains/collectors cleaned of silt and debris. 3. All sidewalk areas within maintained areas shall be clean and cleared of debris at all times. 4. All leaves, paper, trash, and debris shall be removed from landscape and hardscape areas daily and disposed of offsite. 5. Trash cans provided by the City shall be emptied daily and washed after emptying when necessary, as determined by the City Representative (CR). All tops/lids shall CitVFC6bJ1Gl1 Landscape Maintenar%a enff6 Page MM 26 CITY OF SANTA ANA be wiped clean weekly. All missing lids shall be reported immediately. 6. All concrete drains and other surface drains under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow daily. 7. All other drainage facilities shall be cleaned of all vegetation and debris daily, or as necessary. 8. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be immediately made safe and reported to the CR. 9. All barbecue grills, and hot coal containers, shall be emptied of all ashes twice weekly, once on Thursday and once on Sunday mornings. 10. All park benches, picnic tables, play equipment, and band shells shall be steam cleaned or pressure washed per the pressure washing schedule and specifications. Sanitization may vary with use. 11. Reserved picnic sites are a top priority. These sites shall be cleaned and blown by 8:00 a.m. daily, including weekends, holidays, and other times if deemed necessary. Pressure washing will be on a schedule, refer to the pressure washing section, but may require additional pressure washing as determined by CR. 12. The contractor shall spray monthly in all listed areas to control weed growth. 13. The contractor shall check all dog bag dispensers daily, and restock them as necessary. The contractor shall report missing and/or broken dispensers, on the same day, to the CR. The bags shall be provided by the City. 14. All tree limb failures shall be reported to the CR and collected along with any debris within 72 hours. 15. Six-Month Service: a. On January and July of each year the Contractor shall change out old flags and replace them with fresh, new all-weather flags to be provided by the City. Contractor shall follow all flag etiquette regarding the proper care, storage, delivery, and replacement of our American, City, and any other flags. Contractor shall deliver the old and worn flags to the the Park Services Inspector so flags properly folded and cared for. 16. Contractor shall inspect the basketball courts and tennis nets, and replace if required. The City will provide these materials. B. Specialty I Sports Areas 1. Sand Court Areas These areas include tot lots, play areas, volleyball courts, etc. a. All sand areas, including tot lots, shall be cleaned with a basket sand rake to remove leaves and debris and leveled daily. The use of hand- held or backpack blowers or other devices shall not be substituted for raking. b. Sidewalks adjacent to tot lots must be swept or blown daily. Care should be exercised to avoid any patrons using the tot lots. Contractor shall decide when to schedule maintenance activities around their use. Cit�FC&16�iI Landscape Maintenarf6se-2�5,8 Page M M26 � CITY OF SANTA ANA c. All areas shall be kept free of weeds at all times. d. There shall be no spraying of weeds in sand court areas. e. Areas shall be edged and the turf surrounds maintained. If sand berms accumulate in turf, they must be removed and replaced with sod. f. All sand areas shall be rototilled monthly, at least three (3) weeks apart, to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand (approximately 12"). After rototilling, all areas shall be raked level. g. Sand shall be replenished as necessary to maintain optimum level in each area. Generally, six inches (6") below the top of the concrete curbing is acceptable. However, dependent upon play equipment footing, the final level shall be determined by CR for each area. Sand will be provided by the City but spread and leveled by the Contractor. h. In the event of storms and periods of excessive rainfall, or the sand court areas become flooded resulting in standing water, the Contractor shall remove the water immediately, as directed by the CR. Water shall be discharged to a safe area. 2. Hard Surface Areas These areas include concrete sidewalks, medians, skate parks, tennis courts, handball courts, basketball courts, bicycle trails, asphalt concrete (AC) walkways, and bandshells. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept or blown daily to remove all deposits of silt, sand, glass, and all foreign objects. c. All sports courts, stages, and bandshells shall be power washed per the pressure washing schedule, or as needed. The contractor will work with the CR to determine the schedule. d. Cracks and crevices must be kept free of weeds at all times. e. Sidewalks should be blown daily, reference Section A., General Operations, No.3. 3. Bicycle Trails/AC Walkways Special emphasis shall be placed on chemical edging along these areas to prevent damage to asphalt by vegetation. All such damage shall be repaired at Contractor's sole expense. 4. Decomposed Granite(DG) Surfaces,Walkways, and Trails citpC86 it Landscape Maintenaqc6Sere PagelntM26 CITY OF SANTA ANA DG walkways and trails require additional attention to be properly maintained. The two(2) most common conditions are an uneven surface and lack of moisture. Both issues can make the material unstable and sand-like, creating an unsafe surface. a. The integrity of the surface must be kept intact at all times. b. The contractor shall perform daily inspections of DG surfaces. c. Borders of DG areas shall be kept in proper repair and well-defined at all times. d. DG areas shall be kept free of weeds at all times. e. Monthly maintenance of DG areas shall be according to industry standards. f. Contractor shall immediately repair any DG areas where holes or ruts are apparent, or where the surface becomes uneven. g. Materials will be supplied by the City to maintain the integrity of the product. 5. Parking Lots, Bike Trails, and Roads These areas include parking lots and roads located within the boundaries of the parks, or areas directly adjacent to parks, and whose primary purpose is to provide vehicle parking for patrons. Street parking areas that are not meant specifically for park users will not be included in this section. Areas in doubt should be clarified with the CR. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept, blown, and/or vacuumed weekly to remove all debris and deposits of silt and/or sand and glass. c. Cracks and crevices shall be kept free of weeds at all times. d. Illegally dumped foreign substances, such as motor oil, shall be properly cleaned immediately. CifItBiJKciI Landscape MaintenanftSen eM Page 2f/elf/2V26 �) CITY OF SANTA ANA SECTION 11 IRRIGATION The irrigation system consists of all components from the outflow side of the meter. The Contractor shall control the irrigation programming components with the coordination of the CR, while the CR will control those components operated by the central programming software Calsense. All manual control systems shall be directly overseen weekly, and in a manner, which allows the irrigation specification to be completed. Contractor shall employ a certified irrigation specialist per district, Zoo, and Civic Center. A. General Information Water management within the City landscape maintenance areas is guided by the following parameters: 1. Application of water to landscape plants at a rate closely matching the demands of plant material; 2. Minimizing runoff; 3. Water conservation and plant health are given equal consideration; 4. Roadway condition and safety; 5. Safe surfaces for community use; 6. Water budget; and 7. Plant health. B. Water Management Water conservation is a top priority for the City and shall be incorporated into all irrigation programming. The irrigation schedule is dynamic and regularly needs to be altered to meet the needs of the City landscape. CR shall determine the schedule and Contractor shall program the controllers to meet this schedule. Landscape irrigation is currently being switched to Calsense Central Control. It is intended that the City will perform water management responsibilities within the central control system. 1. City of Santa Ana irrigation system includes: a. Battery controllers (Hunter Nodes) in valve boxes b. Non-centrally controlled manual clocks c. Hydraulic valves d. Thermal valves e. Quick coupler systems f. Electric valves g. Solar-powered controllers (Leit) Cltf(58b- 6iI Landscape Maintena9%SerF71 Page MA26 � CITY OF SANTA ANA 2. Controller programs shall incorporate the following: a. Calsense Central Control software shall be exclusively utilized for all controllers with available connections. Field checks shall be required to verify the success of programming as it applies to a specific location. Field checks will be the responsibility of the Contractor, who will report to CR. b. Water must be conserved while meeting the needs of the plant material. c. The City of Santa Ana Water Department (SAWD) management requirements shall be followed unless the CR approves an alternate schedule. d. Contractor shall avoid weekend watering unless approved by CR. e. Contractor shall water deeply and infrequently for all tree and shrub applications. f. Contractor shall utilize cycle/soak principles to encourage deep rooting of all plant material, especially turf. g. Evapotranspiration (ET) rates shall be utilized when considering programming. h. Contractor shall minimize runoff onto streets, sidewalks, and other non-target areas. i. Contractor shall provide sufficient time for the soil to dry out between irrigations. j. Contractor shall maximize community use of City property. k. Contractor will alter the irrigation programming to accommodate the field renovations to promote seed germination and establishment. 3. Irrigation systems shall be programmed to water between 10:00 A.M. and 6:00 P.M. (Monday- Friday) unless otherwise approved by the CR. 4. Contractor shall be responsible for programming all controllers(light energized Irrigation Technology, field controllers, battery-operated controllers, manual systems) not integrated into the central control system. 5. Program changes for the manual (non-centralized) controllers shall be done the same day of notification by the CR and changed per CR specification. 6. Verification of the updated irrigation schedule shall be the responsibility of the CR. The contractor shall work with the CR to ensure all programming changes have been entered and verified on the electronic programming log. 7. Contractor shall set and maintain the programming for the manual irrigation controllers to meet the criteria as stated above. The City reserves the right to inspect and monitor those settings and make recommendations to the Contractor. In case of a dispute, the CR will make the final determination. Any discussion of this type shall be recorded by the Park Inspectors on the work order form and kept on file. 8. In the event that any of the components of the irrigation system fail to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas in the worksite at no extra cost to the City. 9. The controller program shall be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with the established Irrigation Association (IA), Metropolitan Water District (MWD), and Santa Ana Water Department (SAWD) guidelines recognized throughout the industry. Clt l,Uu�f IC II Landscape Maintenar►froServ'rM Page;17f/2626 CITY OF SANTA ANA 10. Any damage created by improper irrigation practices or neglect shall be the responsibility of the Contractor to correct, at sole cost to the Contractor. 11. No watering shall occur during the daylight hours unless associated with a repair, audit, manual system operation, or an alternate schedule is approved by the CR. 12. The operation of manual irrigation systems shall occur daily, Sunday through Monday, between 6:00 A.M. to 6:00 P.M. 13. All program changes shall be recorded on the electronic Irrigation Controller Program Log by Contractor. 14. City shall compare water meter readings to ensure that there is no excessive water use in any of the Contract areas. Contractor must meet with the CR to review these reports as necessary, or as directed by the CR. 15. Contractor shall turn off programmed irrigation systems immediately during periods when extreme rainfall exists or is predicted, and other times when suspension of irrigation is desirable to conserve water, as directed/approved by the CR. 16. Any time the irrigation system(s) are shut down for any reason, Contractor shall notify the CR immediately. Once CR acknowledges the necessity to turn on the water once again, controller activation shall begin within five (5)working days. 17. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for the greatest potential runoff. C. Maintenance 1. Contractor shall diagnose, maintain, and repair all irrigation components downstream of the remote control valve (RCV). The Contractor SHALL be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no additional cost to the City. Contractor will repair or assist in repairs for components downstream of the meter through Additional Extra Work (AEW). 2. Irrigation maintenance shall include, but not be limited to operation of the system, adjustments, repairs, modifications, improvements, testing, analysis, and other work as required. Some examples of regular maintenance include the function of electrical systems, backflows, controllers, valves, head alignment and spacing, and wiring operation. a. Components include but are not limited to irrigation controller, remote control valves, main and lateral lines, fittings, risers, sprinkler heads, quick couplers, drip systems (subsurface and surface), master valves,flow sensors, valve boxes,fertilizer injector systems, and tree watering systems. 3. All areas shall be irrigated to maintain specified growth and appearance determined by CR. 4. Handsets (Calsense, LEIT) may be required to operate the controllers. These will be supplied at Contractor's expense. 5. Proper alignment (vertical straightness, operational height of nozzle) will require raising/lowering/leveling of the sprinklers and shall be done at Contractor's sole expense. 6. Plants blocking the sprinkler pattern will require the technician to mark the plant material with paint and coordinate the trimming/removal with the CR. citPIC66hEi1 Landscape Maintenag(6 Ser�efsS Page'n?&26 CITY OF SANTA ANA .l 7. Automatic controllers and/or enclosures shall be locked while unattended. Locks are initially supplied by the City, if lost or reckless the Contractor is responsible to replace with same or higher quality locks at their expense. City will replace worn or deteriorating locks. 8. All enclosures, including valve, controller, booster pump, etc., shall be kept free of all insects, rodents, and rust. Damage caused by insects, rodents, or rusting shall be repaired within five (5) calendar days at Contractor's expense. 9. All drip line valve filters shall be cleaned twice per year in February and November of every year. 10. All subsurface apertures shall have permanent lids affixed at all times and shall be kept free of overgrowth. Apertures include valve boxes, controllers, electrical and cable boxes, manholes, and backflow devices. 11. Weekly Priority/Sports Turf irrigation audits shall be completed and electronically submitted to CR. 12. Should the CR be called upon to diagnose an irrigation problem that is Contractor's responsibility, the City's labor and material costs incurred will be deducted from the monthly payment to the Contractor. 13. All irrigation evaluation work requires a notification sign to be present for the duration of the work. 14. All sprinkler heads and emitters shall be adjusted to maintain proper coverage to ensure adequate flow. Adjustments shall include, but not be limited to actual adjustments to heads; cleaning and flushing heads, nozzles, lines, and screens; and removal of obstructions. 15. All irrigation systems shall be tested and inspected a minimum of one(1)time per calendar year quarter (Jan-Mar, Apr-Jun, Jul-Sep, Oct-Dec), regardless of controller type, and an electronic audit form shall be used to submit the results to CR quarterly by the 10th day of the month following that period (e.g., April 10th, July 10th, October 10th, and January 10t1). Any requested changes shall be submitted for approval before implementation. a. An exception to the aforementioned is any battery-operated valve, which shall be inspected two (2) times per year. D. Repair 1. Contractor shall continually monitor and perform any necessary repairs from the outflow side of the meter. 2. City will provide materials to replace the RCVs and mainlines, see Section 2.6, Materials for the process. 3. The Contractor shall be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no extra cost to the City. Contractor shall make repairs to the satisfaction of the Director's Representative (DR). Contractor shall make repairs within 24 hours of being on notice of deficiencies to the lateral lines and/or rotors/heads. 4. Contractor shall contact the CR regarding structural failures after the meter (e.g. CitVC&-J1f bib Landscape MaintenarF6Se`274 Page 7MM26 CITY OF SANTA ANA backflows, main and lateral lines, valves, central control, etc.) within twelve (12) hours of occurrence. Repairs requiring additional funds shall be proposed within 24 hours by contacting the CR. 5. All damage resulting from Contractor's operations shall be repaired or replaced before the end of the workday at the Contractor's sole expense. 6. All third-party damage or other needed repairs shall be completed by the Contractor, as indicated in the Specifications, and paid for by the City on a cost-per-repair basis. Repairs to the irrigation system shall be completed within 24 hours of approval by the CR on any component damage, including, but not limited to, broken irrigation lines and tubing, defective or broken valves, sprinkler heads, emitters, sprinkler head relocations, and other modifications as necessary. 7. If not able to make irrigation repairs in a timely manner, Contractor shall be responsible for watering all areas manually. 8. In addition to quarterly testing, all irrigation systems shall be tested and inspected daily if necessary, when damage or malfunction is suspected, observed or reported. a. Contractor shall repair malfunctioning controllers, quick couplers, manual or automatic valves, and sprinkler heads within twelve(12)hours of receipt of the verbal or written notice unless the field condition does not allow or per the direction of the CIT (City Irrigation Technician). b. Contractor shall correct deficient or irregular irrigation systems and equipment as necessary following verbal notification from the CR. c. Irrigation checks must be done immediately if plants begin to wilt, defoliate or change color. 9. All Sports/Priority Turf irrigation repairs shall be made within four (4) hours of approval by the CR. 10. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment will be made by the City nor billed by Contractor for repairs on equipment covered by the warranty. 11. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in irrigation frequency. Costs will be determined from comparisons of usage with historical usage for the same time period and be presented to the Contractor for review before deduction of payment. E. Personnel Contractor shall provide dedicated irrigation a personnel to the Contract Area, District 1, District 2, District 3, District 4, Civic Center, and the Zoo; whose primary and sole function shall be to properly operate, monitor and maintain the irrigation system within the listed Contract Areas Personnel shall be: 1. Fully trained and knowledgeable in all phases of the landscape irrigation system, including central control, site controllers, component maintenance, repair, and adjustment, and familiarity with all brands and models of irrigation equipment used within the City; 2. Personnell shall be knowledgeable of and proficient in current water management Clt)%t6 RiI Landscape MaintenaRc�Se12715 Page'hI 26 i CITY OF SANTA ANA concepts; 3. Capable of performing irrigation audits and providing a report; 4. Capable of taking direction from several City personnel, but particularly accountable to the City Irrigation Technician and the area gardener; and 5. Capable of verbal and written communication in a professional level of English. F. Materials The City shall supply irrigaton materials and supplies. However, there will be occasions when a repair is necessary and the City is out of inventory. In these cases, Contractor shall be required to supply the materials. Contractor is responsible for repairs, including but not limited to, irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems' remote-control valves (RCVs) at no extra cost to the City. 1. City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises this option, the following conditions will apply: a. All City purchases will be for the sole use of and for the City. b. Contractor shall secure and store inventory, distribute and control all material entrusted to its representatives. All materials and inventories shall be made available to the City upon request. c. All material given to the Contractor shall be inventoried by location using the electronic work order system. The replaced part shall be returned to the City to remove the replacement part from the outstanding inventory. 2. All replacement materials shall be original types and models unless a CR approves a substitute. 3. Contractor shall maintain, at no additional cost to the City, an adequate inventory of medium-to high-usage stock items to repair the irrigation systems. 4. Contractor shall implement repairs under all warranties. 5. All invoices, AEW, shall state labor and material costs. 6. The actual cost of all materials passed onto the City shall include the following: a. Wholesale cost(retail costs minus Contractor's discount) b. Applicable sales tax c. A markup of 10% maximum for all overhead costs and profits 7. The wholesale cost shall be the actual cost paid by Contractor reflecting the best price, including any discount given to Contractor (written receipt submitted with billing) 8. At no time shall the cost of materials exceed the retail cost from the current price list, minus any discounts. Cj.RFU d&jI Landscape Maintenanfb ennpM Page I9r 26 (9) CITY OF SANTA ANA The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. Clt f c6b1wil Landscape Maintenagc6 Sery 77 Page-4PM26 CITY OF SANTA ANA SECTION III TURFGRASS The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level,with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. A. Maintenance—Overview Turf care shall be differentiated by the two (2) types of turf- "Casual" and "Sports/Priority" Turf. When the word "Turf' is not preceded by the word "General" or the word "Sports/Priority," it applies to both types of turf. 1. Casual Turf Mowing All "casual" turf(non-sport/priority turf) shall be mowed every other week, from October 31 st to February 28th of each year. "Casual" turf shall be mowed each week from March 1 st to November 1 st of each year. Each year the DR will select the dates in mid-November and mid-March when the Contractor shall transition from every other week mowing to once-a-week mowing. The Contractor shall use Kubota L5060 tractors, or approved equal, equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3-178 69" rotary, or approved equal, detail mowers for areas between trees and other park amenities. The DR shall determine the height of the cut. 2. Sport/Priority Turf Mowinq All "priority"turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2% 3/4" unless approved by CR. To achieve a quality cut at this height and not leave clippings, the Contractor will perform a first cut using a rotary mower with clipping catching capability, followed by using a Kubota L5060 tractor equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mower, an approved fairway or greens mower for medium size areas and a walk behind Jacobsen Eclipse2 reel mower for small areas. Note that the Contractor shall perform quality sports turf mowing and detailing to the DR satisfaction regardless of the equipment and methods the Contractor uses. The DR shall direct the Contractor to mow the priority turf lower than 1/2", if necessary. Note that the Ball Diamond Infield Maintenance Contractor shall be responsible for mowing turf infields, including foul territory turf areas, 36" beyond the skinned infield arc, and other designated ball diamond turf areas. Infield maintenance shall not be a part of this agreement. 1. The contractor shall maintain mowers that provide a smooth, even cut without ridges or depression and without tearing off the leaf blades; including sharp blades on all mowers. 2. All factory safety equipment must be fully operational. 3. The mowing schedule may be altered due to weather and/or other conditions upon approval from the CR. 4. Mowing shall be completed during one (1) single-day operation per given area. 5. The contractor shall not mow areas where the soil is over-saturated. 6. All litter shall be removed from the turf before each mowing. Cifida-AlciI Landscape MaintenanWen278 Page 3P/l/2026 4 CITY OF SANTA ANA 7. Mowing shall be performed at the speed the mower's manufacturer specifies to maximize the quality of the cut. The emphasis shall be on quality mowing vs. speed and unprofessional patterns. 8. Mulching mowers shall be used to mow General Turf grass areas. Recycling blades and/or recycling decks shall be used in all areas where grass clippings will not be picked up. 9. Excessive clipping debris, as determined by the CR, shall be removed and disposed of offsite at the Contractor's expense. 10. String trimmers shall not be used for mowing turf. 11. Turf shall be mechanically trimmed with a grounded blade edger at the same time as mowing during the seasonal mowing cycle (twice per month in winter, once per week in summer). 12. The areas requiring edging shall include all hardscapes adjacent to turf, including sidewalks, curbing, planters, grave markers, historical plaques and markers, and other concrete entities, asphalt, concrete, paved areas, and DG. 13. All edging shall be done in a way as to not damage any hardscape entities. 14. Other fixtures such as but not limited to valve boxes, utility boxes, cleanouts, drains, signs posts,poles, benches,tables, and building foundations can be edged with the use of string trimmers, once an edging pattern has been properly established using an edger or sharpened shovel. Should the edged area begin to deform, CR shall direct the Contractor to repeat the detail process. 15. Property damaged by string trimmers or mowers shall be replaced/repaired immediately. 16. Sidewalks and other hard surfaces shall be properly cleaned after each edging, including grass stains or marks from the mowing process. 17. Trimming of grass around trees or planter beds in the turf area (12 to 24-inch distance from the object) shall be performed during the seasonal mowing cycle in such a manner as to avoid damage to the plants. a. Chemical edging and trim pattern establishment using a blade edger shall be completed when grass encroachment is within six (6) inches of the trunk or planter bed. 18. Any mechanical damage to tree trunks which is considered Contractor neglect shall result in a replacement planting, at the discretion of the CR. 19. Refurbishment of damaged turf due to Contractor negligence, including poor irrigation management, irregular turf evaluation intervals, and/or Contractor error shall be completed within seven (7) days of discovery and notation. 20. Turf shall be maintained within 6-12 inches of all appurtenances (e.g. walls, fences, transformers, etc.) 21. Detail lines shall be made straight and shall be maintained straight. 22. The contractor shall fill all divots, depressions, and uneven areas with sand, as directed by the CR. 23. The City reserves the right to require the Contractor to apply plant dye on specified plant material within 24 hours of notification to the landscape that has been stressed due to the Contractor's neglect. The dye will be applied at no additional cost to the City. CIt\YM- it Landscape Maintenajr6 Ser ,?§ Page PPM26 (2) CITY OF SANTA ANA B. Inspections—Sports/Priority Turf The contractor shall inspect the sports fields or play areas daily. 1. All sports fields shall be kept at a level grade to provide a uniform height of turfgrass, by topdressing low places with clean sand. a. Depressions over 1" in depth, which lack turfgrass cover, shall be filled with weed-free soil to the existing grade. Rototilling may be prescribed by a CR. 2. The contractor shall inspect the sports fields or play areas for proper water drainage away from the playing surface. If drainage is not evident, irrigation programming in the affected area shall be required to prevent landscape failure. The contractor shall contact the CR for the proper irrigation management strategy, which shall be programmed within 24 hours. 3. The contractor shall inspect the sports fields or play areas for hazardous holes or depressions that may cause a player to trip. Those found shall be filled as directed in Section 3.2.1.an above. 4. The contractor shall remove stones and other debris that may interfere with play or cause injury. 5. The contractor shall inspect the sports fields or play areas to see that the soil absorbs irrigation and rain rapidly enough to provide reasonably good footing on the surface of the area. If improvement is indicated by the CR, Contractor shall contact the CR for direction. 6. The contractor shall inspect the sports fields or play areas to see if the turf surface is being irrigated evenly with a reasonable amount of water. Irrigation programming for Sports/Priority Turf is at the highest tier (Tier One—Turf Irrigation Reduction Priority Key). C. Casual Turf The scope of work for General Turf includes the following: 1. The mowing schedule shall be once per week from March 1 to October 31 and once every other week from November 1 to February 28, Monday through Friday of each week specified. 2. Not more than 1/3rd of the total leaf length shall be removed per mowing. 3. Mowing shall be completed in one (1) operation. 4. Turf shall be aerified a minimum of one (1)time annually in March using a solid tine aerator to a minimum depth of three (3) inches. 5. Casual Turf shall be renovated-overseeded one time per year, April through May. All seed quantities and types specified with either Kikuya or Marathon fescus shall be verified by the DR prior to any applications. The process for ren ovation-overseed i ng shall be as follows: 6. The turf shall be flailed down to W. All turf clippings shall be removed. 7. The contractor shall flag/mark all irrigation and site amenities and shall avoid hitting/damaging them with the aeration equipment. Any damage caused to the irrigation or other site amenities shall be repaired/replaced at the Contractors' expense. 8. The contractor shall coordinate with the CR to irrigate the causal turf to allow greater penetration for the aerator. Cj.RFt dAtj� Landscape MaintenarTb eroi� Page�7/ 7 26 �) CITY OF SANTA ANA 9. The turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). Contractor shall make two- passes in different directions per the DRs direction. 10. Contractor shall coordinate with the CR to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. 11. Once the CR verifies that the irrigation system is working efficiently, the Contractor shall overseed the turf using Stover Seed Company's AZ-1 Kikuyugrass or Marathon Fescus at a rate of 30 pounds per acre. During the germination period, the Contractor shall assume responsibility for programming the irrigation controller(s) to assure 100% germination of seed. 12. Immediately after overseeding the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed. 13. The intent of overseeding is to have 100 percent turf coverage, re-seeding in bare spots shall include seed topper. 14. Cutting height shall be 2-2.5 inches, with final determination to be made by the CR. D. Sports/Priority Turf The Sports and Priority fields to be considered for this section are listed in Appendix II.This list is dynamic and will have fields added and removed periodically. The scope of work for Sports and Priority Turf includes the following: 1. Contractor shall mow once per week, all year. a. This may require mowing athletic fields when the rest of the park is not being mowed. 2. Contractor shall vary the height of cut depending upon the season, grass type, and growing conditions. The specific cut will be determined seasonally by the CR, but shall not be altered once the height has been determined for the season. a. Mowing height for warm season turf shall be .5-1.5 inches,with the CR guiding cutting height depending on the machines used. 3. Sports/Priority Turf in this Contract shall be mowed using a power-driven fairway reel mower or fine cut rotary mower. The quality of the cut will be determined by the CR and changes may be required if minimum standards still need to be met. 4. The mowers shall be maintained and sharpened to provide a smooth, even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions. 5. Contractor shall perform alternate mowing patterns to prevent wheel ruts. If ruts are made, the Contractor shall make repairs at its sole expense. a. Repairs for deep ruts may include sod-cutting of damaged areas, leveling of subsurface soil, and replacement of sod. b. Field may be taken out of play due to rutting, and the deductions for lost time shall be subtracted from the monthly payment to the Contractor. 6. Sports Fields Overseeding shall be renovated-overseeded each year per the Sports Annual CItyRI.,UC1Ril Landscape Maintenapre Senjq Page M& 26 CITY OF SANTA ANA Schedule. The DR shall verify all seed quantities and types specified in the contract before any applications. The process for renovation-overseeding shall be as follows: 7. Renovation downtime schedules effectively take the Sports Turf area out of service for several weeks (the schedule to be determined by the CR for a duration of 10 weeks). The goal of this period is to restore worn and damaged turf. This renovation procedure includes core aerification, fertilization, seeding, and grade restoration. These procedures shall be included in the cost proposal. A typical renovation includes: 8. The contractor shall install a 6' high temporary construction fence with stands around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeded in accordance with the park map depicting the sport/priority turf areas. Perimeter fencing shall be placed at the direction of the CR to avoid sprinkler damage and provide 100 percent water coverage. See aerial maps of sports field locations. 9. Turf shall be mowed down to W-1/2 ", or determined by CR. All turf clippings shall be removed. 10. Turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). The contractor shall make two passes in different directions per the DRs direction. 11. Turf shall then be vertical using the Kubota L5060 tractor equipped with turf-type tires and the Trilo VCU 200 Verticut implement. Following verticutting all turf clippings shall be removed. 12. The contractor shall coordinate with the CR to confirm that all irrigation has been tested and restored to original design specifications before overseeding. 13. Immediately after overseeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. 14. Once the CR verifies the irrigation system is working efficiently, the Contractor shall overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 65 pounds per acre; and, b) Stover Seed Company's Pro Sportsfield Supreme in the spring/summer at a rate of 65 pounds per acre. The contractor shall overseed all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 15. Immediately after overseeding the Contractor shall apply W,minus STA-approved compost topper from R&S Soils to all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 16. Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize the germination of seed. Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming. 17. Plugs/cores shall be removed, or broken up (drag mat, mower) and spread over the Turf area being treated, at the time of aeration, to the satisfaction of the CR. 18. Flags identifying irrigation shall be removed by Contractor immediately after aerification. 19. City-supplied signs indicating a field renovation is in progress shall be posted. 20. The contractor shall secure all the seed materials at the beginning of the season in City ouncil Landscape aintenan � erv��s, Page t9 /2626 (9) CITY OF SANTA ANA advance to avoid shortages or"out of stock" scenarios. E. Renovation Process Shall have the CR, unless approved otherwise, during the rennovation process: 1. Day 1 a. Irrigation audit, ensure coverage and adjust sprinklers heads to 1/2:" below grade. b. Aeration (the Kubota L5060 tractor equipped with turf-type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal)) 2. Day 2 a. Scalping and vertical cutting. b. Following verticutting all turf clippings shall be removed. 3. Day 3 a. Apply seed and drag-in to level surface, coordinate with CR to verify seed type and quanitites b. Immediately after over-seeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. c. Apply light topper dresser(apply '/4' minus STA-approved compost topper from R&S Soils) 4. Day 4 a. Coordinate with CR for the watering program 5. Day 5 - Completion a. Inspect daily and monitor germination. In the last two (2) weeks of the rennovation period, the mowing shall be done in intervals. Citf F(t8b iI Landscape Maintenar"serf ageff 26 SECTION IV EDGING & DETAILING A. General Specifications 1. All edging shall be performed with the use of a gas-powered blade edger or CR-approved substitute. Stick edgers shall not be used. 2. Chemical edging is allowed along edges such as trees, fence lines, curbs, etc., as directed by the CR. The contractor shall not use chemical edging in areas not authorized by the CR. 3. If chemical detailing is performed, the Contractor shall use a string trimmer to remove the treated vegetation within one (1) week after symptoms of phytotoxicity become recognizable. a. Plants (i.e. trees, shrubs, groundcovers, annuals) with noted phytotoxic damage from an herbicide edging treatment shall be removed within one (1) week of observation and replaced with like-sized plants. 4. The contractor shall detail turf no further than 12 inches away from all hard surfaces, including walls,fences, curb lines, roadways, pathways, and landscape surfaces(e.g.trees, shrubs, beds, etc.). a. Detail lines shall be made straight and shall be maintained straight. 5. The contractor shall supply, at Contractor's own expense, replacement plants to reduce any existing bare soil areas along walls and fences that are wider than 12 inches that have been caused by the Contractor's neglect. B. Edging/detailing shall be performed at the same time mowing occurs. 7. All edging/detailing shall be performed with the use of a McClain's edger or an approved substitute walk-behind or fixed blade stick edger. The contractor shall edge all turfadjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. 8. The Contractor shall detail around trees, along walls/fences, and other amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform, the Park Services Inspector Supervisor shall direct the Contractor to repeat the detail process. Shovel-cut detailing shall be repeated as often as necessary to maintain crisp evenly round/straight lines. In the event that the circle becomes too great, the DR shall direct the Contractor to sod the area around the tree at the Contractor's expense to the size instructed by the Parks Services Inspector Supervisor. Canascape City Council N4 age 26 SECTION V GROUND COVER The City's goal is to encourage the proper care and growth of groundcovers, maintained within the confines of their growing areas, free of weeds and without a prevalence of bare spots or unhealthy plant material. Groundcover beds should create a natural, pleasing appearance in all areas. A. General Specifications 1. Groundcovers shall be pruned and maintained according to accepted industry practices and consistent with the intended use. 2. Groundcovers adjacent to hardscape such as sidewalks, walkways, playgrounds, sport courts and parking lots shall be edged weekly in one (1) operation with the turf edging. 3. In locations where turf is not present (i.e. parks, medians, empty lots), groundcovers shall be edged monthly, or as determined by the CR, to present a clean and neat appearance and to keep the plant material from impeding foot traffic. Care shall be taken not to expose bare soil. 4. Edged ground cover will not be allowed to develop a build-up with a sheared face along the sidewalk or curb edges. Groundcover height shall not exceed six (6) inches without a beveled edge (i.e. leaning edge even with sidewalk with lower edge angled inward). 5. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all ground cover beds. 6. Plant material damaged by Contractor-applied herbicides shall be replaced at Contractor's expense. 7. The use of pre-emergent is strongly recommended in areas with overhead irrigation. In some instances, weeds may be removed by mechanical means as approved by the CR. Pre-emergent herbicide cost shall be included in the cost proposal. 8. The contractor shall keep groundcover trimmed back 6-12 inches from all controller units, irrigation heads, valve boxes, quick couplers, up-lighting, or other appurtenances or fixtures. 9. The contractor shall not allow groundcovers to grow up trees, into shrubs, or on structures or walls. The contractor shall keep groundcovers trimmed back approximately 6-12 inches from structures or walls. 10. Any paper or litter that accumulates in ground cover areas shall be picked up daily. 11. Mulch shall be applied to all planting areas two (2)times per year, once in the spring (Apr- Jun), and again in the fall (Sep-Nov). 12. Bare soil areas in ground cover beds shall be replanted or mulched as required. The Contractor shall apply US Composting Council STA-tested approved mulch 3"- 4" minus by 2"thick. a. No bare soil areas are permitted in the ground cover areas.All bare soil areas shall be cultivated to 6" deep weekly while awaiting fresh mulch. 13.Ailing and/or stunted groundcover which fails to meet expected growth shall receive additional nutrient treatments to correct deficiencies or shall be replaced by Contractor at -56 C i tylkl,26N N I an s _ 7/7/2026 its expense. If groundcover failure is determined to be due to improper treatment and/or neglect by the Contractor, replacement shall be performed at Contractor's expense within five (5)working days. B. Mulching of Bare Areas 1. In all shrub areas where bare soil is visible, the Contractor shall apply US Composting Council STA tested and approved compost mulch W-4" minus by 2"thick minimum twice per year(third week of January and July) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed continuously. a. All bare soil areas shall be cultivated to 6"deep on a weekly basis while awaiting fresh mulch. Landscape ain ena er age City ouncil ` —' / 26 i SECTION A SHRUBS The primary objective for maintaining shrubs and other plant material within the City's landscape is to create a natural, aesthetically pleasing appearance throughout all areas. Shrubs to include and not limited to cacti and succulents and other plant material shall be pruned only to allow new growth to develop within the confines of planters and beds and should have soft rounded edges in most applications.The use of powered equipment must be approved before use. A. General Specifications 1. Shrubs shall be pruned quarterly, or as required, for safety, removal of broken or diseased branches, general containment, and appearance. 2. Shrubs shall be pruned, as required, to ensure vehicular and pedestrian visibility and clearance. 3. All bare ground shrub areas, not inter-planted with ground cover, shall be cleaned a minimum of one (1) time per month. Cleaning shall be accomplished without removing significant amounts of any present mulch. 4. Plant material encroaching onto or from City property shall be trimmed back to the property line. At City's discretion, depending on circumstance, plants growing over fences and sidewalks from private property adjacent to contracted areas will also be trimmed back to the property line. 5. All gasoline-powered equipment used for pruning shrubs shall be approved by the CR. 6. Ailing, stunted, and/or dead shrubs, as a result of circumstances beyond the Contractor's control, shall require a proposal for replacement within five (5) working days and shall be restored within one (1)week of obtaining a signed proposal for Supplemental Work. 7. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients, at no additional cost to the City, within five (5)working days of discovery. 8. Shrub failure due to Contractor's neglect or improper treatment shall be replaced, at Contractor's sole expense, with like-kind and -sized plants, within five (5) working days. 9. The contractor shall prune shrubs according to accepted industry practices and consistent with the intended use, as well as to retain as much of the natural informal appearance as possible. Final standards will be the decision of the CR. a. For accepted industry practices, t he Contractor shall refer to the AHS Standards `Pruning and Training' manual, latest edition. b. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance. c. The contractor shall remove any spent blossoms or dead flower stalks as required for a neat, clean appearance. d. Shrubs and mounding shall not exceed two (2)feet in height within areas required for vehicular sight distance, depending on roadway topography. 10. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all shrub beds. The use of pre-emergent is strongly recommended and will be at Contractor's expense. In some instances, weeds may be removed by mechanical means as approved by the CR. 11. Any paper or litter that accumulates in shrub bed areas shall be picked up daily. CltyRffa- bI Landscape MaintenaTU Serxr Page f/ 26 12. Mulch shall be applied to all shrub/planter bed areas, including medians, two (2) times per year, once in the spring(Apr-Jun), and again in the fall(Sep-Nov). See mulch specifications Section V, Letter B, Mulching of bare areas. 13. "Box hedging" may be required on some shrubs, as designated by the CR. Shear hedging or severe pruning/trimming of plants, unless authorized by the CR, shall not be permitted. 14. Topping of plants whose natural growth stems from the base of the plant shall not be permitted. 15. The contractor may occasionally be requested to raise the bottom of the shrubs for security reasons. 16. All shrubs without ground corer shall be mulched. No bare ground areas shall be acceptable. CifyUadhiciI Landscape MaintenanTrS ",4M Page` 0/2i026 SECTION VII VINES Vines shall be encouraged to grow and flourish by continually maintaining proper care in accordance with AHS Standards. A. General Specifications 1. Vines and espalier plants shall be checked and removed as needed to allow for proper growth. The contractor shall secure vines with appropriate ties to promote directional growth on supports. The contractor shall not use nails to secure vines on masonry walls. 2. Pruning of vines shall be in accordance with good horticultural practices, as defined by the AHS Standards `Pruning and Training' manual, latest edition. 3. Vines shall be pruned only to allow for new growth to develop and to control/direct plant size. 4. No more than 113rd of the vines should be pruned at any given time unless directed by the CR. 5. The contractor shall have deep water vines in pockets not provided with sprinklers, as required to promote optimum growth. 6. Weed control shall be applied monthly to control all emergent weeds. In some instances,weeds may be removed by mechanical means as approved by the CR. a. The use of pre-emergent is strongly recommended to control broadleaf and grassy weeds. 7. Any paper or litter that accumulates in vines and surrounding areas shall be picked up daily. 8. Mulch shall be applied to all planting areas two (2) times per year, as necessary, once in the spring (Apr-Jun), and again in the fall (Sep-Nov). 9. Vines shall not be allowed to grow past the designated area. All areas explored by the vine outside of the planting area shall be removed at the Contractor's expense. Any structural damage done by excessive vine growth shall be restored within one (1) week at Contractor's expense. C it\),LpdaRi I Landscape Maintenafff serxn Page I 26 SECTION VIII TREES It is essential forthe City to continue to develop and maintain an urban forest within its parks and backup areas. The contractor shall prune trees to comply with ISA standards and maintain their characteristic shape, density, and texture. The center of gravity, or location of the mass,pertree, is close to the center and close to the ground, enabling the trees to withstand strong winds. Thus, the Contractor shall not thin or "lace out" dense foliage, except for outside branches. The Contract will include a large number of newly-planted trees and reforested areas. Tree pruning specifications for all trees over 15 feet are covered under a separate tree maintenance contract, except for the requirements to raise trees for clearance. A. General Specifications 1. The contractor shall raise all trees, as required, to allow twelve-foot (12') clearance within park boundaries and fifteen-foot(15') clearance above road surfaces for vehicular traffic. 2. All trees shall be pruned as required to remove broken, crowned, dead, hazardous, and infested portions for safety reasons. 3. The CR shall be informed immediately of any hazardous trees. 4. All pruning shall be done by the use of proper tools, per ISA Standards, and disinfected after each tree is pruned to prevent the spread of disease and pathogens from one tree to another. 5. Topping trees shall not be permitted. Any pruning shall be done by those experienced and skilled in pruning techniques. 6. All cuts shall be done using proper horticultural practices. Dressing wounds is not allowed. 7. Tree stakes,ties, and guys shall be checked and corrected or replaced as needed and removed when no longer needed. 8. Ties shall be adjusted to prevent girdling. 9. Under no circumstances shall stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote caliper-retained growth (tapered trunk). The contractor shall contact the CR with any questions or concerns. 10. Downed tree debris, of all sizes, shall be cut up and removed within 48 hours of discovery. The contractor shall be responsible for chipping and green waste disposal. 11. Newly planted trees, either by the Contractor or the City, shall become the responsibility of the Contractor if they fall within the height specification. B. Trees Under 15 Feet 1. The contractor shall prune out branches extending beyond a tree's shape(foliage perimeter). 2. The contractor shall prune to control size and shape. 3. Cuts shall be inside the perimeter of foliage, almost flush with a parent branch, but not harming the collar area. No butts or stubs shall be permitted. Old stubs with an outgrowth of multiple shoots shall be removed. ciff Abil Landscape Maintenar% er"D Page 470/2026 4. The contractor shall prune off lower branches high enough for traffic clearance. 5. The contractor shall cut out dead, crossing, rubbing branches, and v-shaped crotches. 6. The contractor shall undercut branches over two (2) inches in diameter before final cut is made close to a scaffold (main) branch. Shredded, torn or ripped branches shall be re-cut cleanly. 7. An exposed wound, as where a branch was removed, shall remain exposed. The contractor shall not paint or apply any substance on wounds. 8. Trees close together shall be separated by the removal of intermingling branches. The exception is a large hedge or windbreak consisting of one (1) species. 9. All newly planted or young trees shall be double-staked by the Contractor and secured properly with CR-approved ties. a. The contractor shall use only City-approved staking materials. b. The contractor shall always remove nursery stakes on young trees and replace them with double staking when trunk strength allows_ c. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the CR. d. Tree stakes shall be set a consistent distance (minimum six[6] inches) away from the trunk of the tree to reduce abrasion. e. The tops of tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of the main or lateral branches of the tree. 10. A tree too heavy for support by stakes shall have equally-spaced guy wire ties to stakes and shall be inspected for possible removal. The wire shall be on a 45-degree angle with the tree trunk. a. Locations for the use of guy wires shall be determined by the CR. b. Ties shall always allow for tree movement between stakes and tree trunk. c. The contractor shall loosen or remove tree ties upon discovery that ties are too tight before ties girdle a branch or trunk. d. The contractor shall remove stakes or tensioned cables (guy wires)from a tree trunk that is immovable in wet soil. 11. Any tree stakes or ties that are broken, loose, or damaged shall be removed immediately. If the tree is less than one (1) year old or immature and requires continued support, new ties and stakes will be required. 12. Fertilizers, pre-approved by the CR, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar micronutrient applications. 13. All trees located in Casual, Sports/Priority Turf areas shall have 2" of STA approved Y-4" compost mulch installed around the tree ring continuously. 14. The Contractor shall have an ISA Certified Arborist On-call employee able to provide a risk assessment.The contractorwill only charge,AEW,the arborist time to investigate and create a risk assessment. The arborist can be asked to meet with residents, the public, or elected officials to discuss tree conditions. CltyROda iI Landscape Maintenate Ser2M PageIMA26 SECTION IX LAKE MAINTENANCE A. General Specifications The lake water quality, algae, and aquatic weed control are maintained by a separate contractor. The Specifications for this Contract include the management of the trash, leaf, and branch debris, and habitat evaluation. 1. The following lakes are to be serviced as a part of this Contract: a. Centennial Park b. Thornton Park 2. Water, lake and stream bottoms, surrounding embankments, riprap areas, and sidewalks shall be inspected daily and kept free of litter and debris at all times. This shall include but is not limited to trash, litter, dead fish, fishing line, bird droppings and/or deceased waterfowl, and un-anchored plant debris. a. Skimming equipment capable of a 20-foot reach shall be required to remove the aforementioned items from the subject lakes. b. The contractor shall remove any dead wildlife immediately, and report to the CR. 3. Park equipment such as trash cans, decorative boulders, and park benches that are periodically placed in the water shall be immediately returned to their appropriate locations, and the CR shall be notified. 4. Excessive leaf drop and other debris which results in reduced stream flow or surface collection shall be removed weekly. CI y, ouncil Landscape a n enan9 env 2 Page IMnH SECTION X PEST CONTROL A. General Specifications Integrated Pest Management (IPM) principles govern the oversight and management of pest pressures. For this reason, biopesticides have been chosen as a primary control method whenever horticultural management criteria deem the anticipated result to be satisfactory. Combined with a sound IPM program, pest control through prevention, cultural practices, exclusion, natural enemies, and host resistance offers the safest, most effective means of producing high-level plant material. The City is concerned with the safety of wildlife and, therefore, the Contractor shall be expressly prohibited from using anything that may result in direct or secondary poisoning and harming of organisms. Contractor shall employ a certified pesticide applicator to implement the IPM specifications. 1. IPM, under this agreement, will apply to planters, tree rings, hardscapes, parking lots, sidewalks, sports courts, etc. Agricultural pest control services for casual, sports, and priority turf shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. 2. The contractor shall manage economic thresholds of plant pests including insects,diseases, weeds, and vertebrate damage, as defined in this section. 3. The contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws to perform such control. 4. By submitting a proposal, the Contractor assumes responsibility and liability for the use, storage, containment, and cleanup of all pest control management materials. 5. Any failure on Contractor's part to abide by City, County, State, and Federal laws or regulations, and the Specifications contained in this section, may result in a default of this Contract. 6. Fines levied against the City as a result of the Contractor's failure to abide by regulations shall be Contractor's responsibility to pay. 7. Contractor shall use all materials in strict accordance with the most current Federal EPA and Cal-DPR regulations, applicable sections of the California Food and Agricultural Code, Title 3, and regulations within the Healthy Schools Act (HSA). 8. The contractor shall maintain the appropriate licenses, and categories within the Licenses, including Pest Control Business License (PCB) and Qualified Applicator License (QAL- categories ABCF). 9. The contractor shall use specified pesticides only. B. Procedure This section shall serve as the primary guideline for pest control operations. Weeds represent the majority of work within this Contract. All applications shall be completed in a safe manner utilizing safety procedures outlined in Appendix A, Terms and Conditions. 1. The contractor shall submit a comprehensive treatment schedule to maintain all working intervals (daily, weekly, monthly, quarterly, and yearly). a. This schedule will be entered as work orders into the City database and closed out after the application has been deemed satisfactory. Completed work orders Cltypffolaikll Lanciscape mainienaTtf_ 7 7/2026 shall be indicated by control of the specified pest, not completion of the application. 2. Restricted material applications, and HSA applications, require a notice of intent (NOI) posting to the County Agricultural Commissioner, as well as to the City. The contractor must have written confirmation back from the CR before the start of the application. This written confirmation requirement may be waived upon the completion of successive treatment cycles; notification of this nature will be made in writing to the Contractor via email. 3. The contractor or Contractor's representative shall scout the landscape material for harmful pests regularly and thoroughly. The contractor assumes the primary role in this responsibility. 4. The CR shall inspect all areas of the landscape when infestations of harmful or unwanted pests are located by Contractor and will submit a plan of action to the Contractor. a. A written recommendation shall be issued by the CR to indicate the plan of action when a pesticide is required to be used as a control method. 5. A copy of the monthly Pesticide Use Report (PUR) for all pesticides shall be filed with the County Agricultural Commissioner no later than the 10th of every month for the preceding month. a. A copy of the PUR shall be sent and received by the City at the same time the report is filed with the county. 6. Pesticides shall be applied at times that limit the possibility of contamination from climatic or other factors. a. Early morning application shall be used when possible to avoid contamination from drift. b. All applications shall be scheduled after checking the NOAA weather notification system for potential rainfall. All indications shall be for rain-free weather 48 hours post application. 7. Care shall be taken in transferring, mixing, and applying pesticides to prevent contaminating areas outside of the target area. a. Application methods shall be used to ensure that materials are confined to the target area. 8. Treatment includes the application of the pesticide, as well as the re-entry period following the application. The contractor shall be responsible for maintaining the treatment area throughout the re-entry interval 9. Spray tanks containing leftover materials shall not be drained on-site. Dumping of tank contents is illegal. a. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code, EPAIDPR regulations, NPDES permit requirements, and all other applicable laws, rules, and regulations. 10. Irrigation water applied after treatment shall be reduced to eliminate runoff.When water is required to increase pesticide efficacy, it shall be applied in quantities each area is capable of receiving without a runoff. 11. Pruning is an effective prevention of an epidemic of insects and diseases(e.g, pine tree tip moth,juniper twig girdier, tree borers, fire blight). The contractor shall prune away infected Clt� Atil Landscape MalntenarT6 ery Page-7/cff/2026 parts and dispose of them off-site. The contractor shall sterilize pruning equipment before moving to the next plant. 12. Handling requirements may apply during transport to another location (e.g. bagging of tree limbs containing borers). 13. Snails shall be controlled regularly by Contractor before becoming an epidemic. Biopesticides containing iron phosphate or other molluscicides, shall be initiated by Contractor early in the infestation. All reasonable precautions shall be used by Contractor to minimize health risks to non-target organisms. The City will not tolerate epidemics of snails. 14. Cleanup of hazardous material releases, to the extent indicated by the governing agency, is the responsibility of Contractor. CItpoClt3rRil Landscape Maintenale SeJ15 Page f/f/M26 SECTION XI WEED CONTROL A. General Specifications A weed is defined as any plant growing in an area where it interferes with the intent and expectation of the landscape. The City expects all areas to have minimum weed populations due to the frequency of management intervals. 1. All weed control material shall be approved by CR prior to using. 2. All weeds shall be addressed, as indicated, in the frequency of management intervals. The Specifications, in general, indicate monthly weed control with a specified herbicide; however, if required to alter the existing intervals for certain areas for higher quality Holi cultural outcomes (e.g. parking lots, planters, sidewalks, etc.) 3. Weed heights of four (4) inches or greater are an indication of improper weed control treatment and/or intervals. Weedy areas will be brought to the attention of Contractor in order to gauge the reason for the deficiency. Remediation of the problem, if deemed a Contract deficiency, shall be within five (5)working days. 4. String trimming, in the absence of chemical treatment, may be used to control a weed population, but satisfactory weed control is measured by both results and the visual aesthetic of the planted area. 5. Manual weed control may be substituted for chemical weed control in some instances to maintain the proper interval (e.g. windy or rainy conditions which prevent chemical treatment). 6. Damage to plants caused by weed competition and herbicide application shall result in replacement plantings at Contractor's expense. B. Weed Control of Hard Surfaces Contractor shall apply an approved herbicide, in the prescribed interval, to remove and control weeds growing in cracks, expansion joints, patios, gutters (cement/asphalt interface), interior park roads, hardscapes, and other contiguous City landscape-hardscape interfaces, in order to maintain the landscape aesthetic. 1. Areas adjacent to paved surfaces shall have minimum margins of relief provided by chemical weed control. a. Systemic, non-selective weed control of adjacent roadside lawns shall not have in excess of twelve (12) inches of bare soil between the lawn and roadway edge. b. Overspray or excessively bare margins shall require replacement plants to be installed. C. Weed Abatement of Fallow or Undeveloped Lands Contractor shall periodically mow unwanted weeds in open space areas, wild areas, and undeveloped portions of City landscapes and vacant City lots. 1. Contractor shall perform weed abatement processes, which maintain the weed population below eight(8) inches, when required throughout the year, but not to exceed four(4) times annually. 2. Any additional frequencies or areas will be paid for as Additional Extra Work(AEW). CI y ouncil an scape anenan � er+r Page //I/'2b26 3. Mowing these areas shall be accomplished with a flail mower or weed eater type unit and shall be preceded with an herbicide application to maintain a weed-free appearance. Spoils shall be left on top as a mulch at the end of mowing. 4. Additionally, areas shall be maintained monthly for trash and dumped items. City LIR CBI Lanciscape maintena T eT / /2026 SECTION XII LITTER& DEBRIS MANAGEMENT A. General Specifications Contractor shall provide general cleanup on a daily basis, unless otherwise specified, for the purpose of emptying trash cans and picking up papers,trash, discarded items or debris which may accumulate in the landscape areas; hardscapes within the site(sidewalks, pathways, parking lots, sports surfaces); those City sidewalks that lie directly adjacent to the park or transverse and dissect the median island, vacant lots or backup lots; and all curb and gutter lines that encircle these same sites. This list also includes all other adjacent hardscape elements deemed by the CR to be part of the inventory of the respective Contract landscape areas, lakes, playgrounds, parking lots, internal roadways, and all other park and open space areas. B. Schedule 1. All trash cans shall have full bags removed and replaced with a clean liner by 12:00 p.m. daily. 2. Replacing all plastic trash can liners shall be part of Contractor's routine cleaning process. 3. All litter and debris cleanup shall be performed between the hours of 6:00 a.m. — 12:00 p.m., Monday through Sunday, unless otherwise noted. a. Reserved picnic sites are a priority and shall be cleaned daily by 7:00 a.m., including weekends, holidays, and for special events. Pressure washing may be required as determined by the CR. 4. A route, or order of facilities, that Contractor will follow shall be submitted to the CR and updated as necessary. a. The CR shall be notified immediately if this schedule cannot be met on a particular day. 5. All parking lots and roads shall be swept, blown and/or vacuumed free of debris a minimum of once weekly. This does not replace daily trash and debris clean up. 6. Contractor shall remove all debris resulting from its operations daily and dispose of it off-site at the time of occurrence. a. All debris resulting from any of Contractor's operations shall be removed and disposed of at Contractor's sole expense. No debris shall remain at the end of the workday. 5. All walkways shall be kept clean/clear of debris and plant growth. Care shall be taken not to create unnecessary hazards to pedestrian, bike, or car traffic. 6. Contractor shall not blow grass cuttings/debris into public streets or g utters that have not been previously swept or vacuumed clean. a. Contractor shall remove debris generated adjacent to landscape areas (i.e. sidewalks, streets, gutters, medians). b. All second notice violations will be immediate deductions. 7. Should illegal dumping occur to any of the Contracted sites, immediate disposal shall be performed at no additional cost to the City. Any such dumping shall be reported immediately to CR. 8. Soil spoils on curb areas, including street medians and gopher soil disturbances, shall be cleaned weekly from all areas. City ounCll Landscape amenar ery Page M�M26 C. Pressure Washing The contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation to perform the cleaning services as set forth herein. 1, Pressure Washing: Power washing with the use of hot high-pressure water sprayer (which shall include high pressure hot water washing) for the 100% removal of dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 2. Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 3. During regular cleaning operations, the contractor shall use high pressure, low-volume washers, and steam cleaner as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces. 4. The nozzle pressure of equipment shall not be so great so as the dislodge tile/paver grout or cause damage to hardscape or surfaces. 5. All trash, debris, tar, freestanding oil, grease, liquids, "green waste, "food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substance, and contaminants shall be removed from hardscape and park amenities upon completion of power washing. 6. Contractor shall provide monthly pressure washing schedules. 7. The Contractor shall pressure wash each each designated area with the following recurrence: a. Weekly Basis i. Gazebos or Patio Structures ii. Benches, BBQ's, picnic tables, drinking fountains, other park amenities iii. Playgrounds, equipment and surface iv. Exercise Equipment and surfaces V. Restroom perimeter to include the exterior of the building and the hardscape with 25' radius a. Bi-Weekly Basis i. Sports Courts (Tennis, basketball, volleyball, handball to include the court walls, etc.) ii. Trash Receptacles iii. Bleachers to include 25' radius around locations iv. Dugouts and benches V. Doggie Stations vi. Kiosk and Educational Signs Clt)%1,&MGtll Landscape MaintenaT erM§ age 26 SECTION All UNHOUSED AREA CLEAN UP & TASKS A. General Specifications 1. Contractor shall be responsible for cleaning miscellaneous trash items left by unhoused individuals during Contract hours. 2. Contractor shall remove and properly dispose of abandoned items(trash)daily. 3. Interaction with homeless maintenance contractor, CR, City officials and staff, and/or law enforcement personnel may be necessary as it pertains to securing and restoring the imprint. 4. Contractor shall report to the CR regarding interference in contractual execution (unable to mow, pick up trash, etc.) due to unhoused individuals, within 24 hours. 5. Contractor shall report any threatening individuals to the CR immediately. 6. All personal belongings shall be properly bagged and identified with a tape tag indicating location name, date and time of removal, and truck number. These bags shall be stored at a City location. I CItRyti.,-ddhiciI Landscape Maintenan%q ru Page'7/°112b26 SECTION XIV DRAINAGE APERTURES A. General Specifications 1. Contractor shall inspect surface drains (i.e. catch basins, flow structures) located within the landscaped areas daily. 2. Surface drains, including catch basins where applicable, shall be maintained free of obstruction and debris at all times to ensure proper drainage. 3. Contractor shall remove any debris or vegetation that might accumulate to prevent proper flow of water. 4. During periods of inclement weather, Contractor shall take extra care to ensure all drains and drainage areas are kept clear of debris and that water is draining properly. 5. All costs incurred by the City to repaired damage due to improper drain cleaning will be recovered from Contractor. Clt)/R 23 1 11 Landscape Maintenagc a VI age 26 SECTION XV PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 1. Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, groundcover or flowers. 2. Work shall be considered as AEW unless otherwise specified. Exceptions are replacements due to Contractor's negligence, as determined by the CR. 3. Contractor shall replace all damaged plant material due to Contractor's negligence within five(5)working days. CI y ouncil Landscape a n enanWffvii Page�f I 26 SECTION XVI GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 1. Plant Health Care (PHC): The Plant Health Care approach to managing trees and shrubs recognizes that, in most cases, plant health problems are the result of many factors, not just a single agent. PHC takes a holistic approach when making management decisions that focuses on plants and their interactions with the living and nonliving elements of the landscape. Z. PHC attempts to prevent problems before they start. Managing plants health involves proper planning, plant selection and a wide range of cultural practices aimed at improving site and soil conditions.When combined with careful monitoring to identify pests in the initial stages these practices greatly reduce dependence on pesticides. 3. All new plant material and irrigation installations shall be guaranteed for a period of one(1) calendar year, unless damage or death of plant material is due to wind,storm,vandalism, riots, war, fire, flood, earthquakes or other events over which the Contractor has no control. 4. Existing plants shall be replaced by Contractor if it is determined by the CR that they were damaged or destroyed due to Contractor's negligence. Clt �,�pC '9L41 Landscape Maintenae epif 26 y ti rl 1 .5 SECTION XVII REPORTS AND SCHEDULES A. General Specifications Contractor shall submit reports and schedules as requested and as outlined below and in Appendix A and Appendix B. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a deduction. All reports and schedules shall be either provided by, or in a format approved by the City. B. Reports 1. The following are required reports and frequency of delivery by email and followed up by phone call to CR: a. Personnel staffing by area, total employees,total hours—as submitted to DIR b. Pesticide application reports—daily, including NOI c. Pesticide Use Reports—monthly d. Incident and Accident Reports—immediately e. Hazard Reports— immediately f. Refuse—shall be kept on file by Contractor and correlated with an invoice g. Fertilizer application (if applicable) —daily, by site, amount, date, material h. Water truck (if applicable)—gallons per week i. Irrigation system malfunction (central control) or shut down—monthly j. Vandalism—weekly, by site k. Homeless encampments—weekly I. Sports field renovation schedule—will be provided by CR. m.Lake problems or challenges—immediately n. Damage to appurtenances—immediately o. Plant replacement, by area—immediately p. Emergency call out log —monthly q. Consumable goods log--monthly r. Irrigation audits--monthly s. Hardscape cleaning—monthly t. Pest control advisor recommendations -- as required by California Code of Regulation u. Safety inspection log for Contractor's yard, equipment, performance - monthly v. Additional Extra Work—weekly, as requested w.Vacant lots log contract completion—quarterly x. Tot lot rototilling — monthly y. DG pathways repairlmaintenance—monthly z. Bike trails/Asphalt Cement walkways—monthly CifJU&MCiI Landscape Maintenan11f rIN Page 61PPM26 aa. Pressure washing amenities and playgrounds-- monthly 2. Additional reports may be occasionally required to assist the City. These reports shall be detailed, thorough and may include, but not be limited to, the following: bb. Suggestions for improving problem areas; cc. Proposal needed prior to performing any Supplemental Work; and dd. Large scale projects. C. Schedules 1. Monthly Maintenance Schedule Contractor shall provide a maintenance schedule to the City in calendar format within thirty (30)days of the start of the Contract. Schedules shall show the day of the week the operation is to be performed, or the order of rotation areas will be serviced, such as for debris pickup or pruning operations. These schedules will be entered into the work order system and Contractor performance will be evaluated based on this rotation. 2. Required schedules and frequencies of delivery are: a. Mowing services for each park site—weekly b. Shrub trimming (backup lot, medians, parks, MOU)—quarterly c. Irrigation audit—quarterly d. Irrigation evaluation of athletic fields--weekly e. Divot/low spot filling of sports/priority fields—weekly f. Tree raising —weekly, as needed g. Coal bin cleaning —weekly h. Sand lot rototilling —bi-weekly i. Weed abatement(spray followed one [1]week later by string trim)—quarterly J. Weed abatement(vacant lot/wild lot) —quarterly k. Other weed abatement—monthly I. Cleaning of parking lots and park roads—weekly m. Mulching —bi-annually n. Sport court cleaning —weekly o. Groundcover trimming—monthly p. DG surface repair—monthly q. Bike trail chemical edging—monthly r. Special projects and locations—as requested s. Supplemental and locations—as requested t. Irrigation programs—weekly u. Additional Extra Work—as needed v. Lake cleaning—weekly w. Lake debris—daily cit\'MA-Ril Landscape Malntenait so Page age M 26 x. Other items as requested by the CR—as needed 3. Any other activities that Contractor performs on a regular or semi-regular basis and as determined or requested by the City will require a schedule to be submitted. 4. Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR for review, and if appropriate, approval, within five (5) working days prior to scheduled time for the work. Notification of change in scheduled work due to circumstances beyond the control of Contractor must be received by the City at least 12 hours prior to the scheduled time for work to begin. 5. All schedules shall be of a format either supplied or approved by the City. 6. Contractor shall adjust work schedules within the same week to accommodate all City- observed holidays, during inclement weather, under emergency notification, and for periods of excessive rainfall. Cfdadh1ciI landscape Maintenarw r Page I/l/%26 CITY OF SANTA ANA SECTION XVIII IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 1. Written reports of any repairs or modifications to the irrigation system shall be turned monthly to DR. Failure to do so may delay payment of invoices. 2. Examples of other written reports Contractor shall provide are: a. Monthly irrigation system audit sheet b. Irrigation zone narratives, shall keep a plot plan at the controllers (when applicable) c. Irrigation material purchase request (if applicable) d. Create and maintain an inventory log of irrigation equiptment components throughout the city, by District. B. Irrigation Schedules 3. Contractor shall provide an Irrigation Controller Program Log for each manual controller by area within thirty(30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the Irrigation Controller Program Log. 4. Contractor shall provide to the City a schedule of all manually-watered areas, including those where use of a vehicle is required, within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the schedule. CitVFC6jj11C:lI Landscape Maintenar% entiGesT age 26 SECTION XIX CIVIC CENTER A. General Specifications 1. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed. Downtown Civic Center Grounds and Landscape — The Downtown Civic Center Area is the home of federal, state, county, and city government for Orange County. The classification of maintenance required at this site is considered "high-end commercial." 2. All pedestrian hardscape areas, including but not limited to plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc., shall be blown and/or swept clean daily; Monday - Friday. The Contractor is not responsible for blowing parking lots, only for litter removal. Contractor is not responsible for pressure washing. 3. All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. 4. All trash receptacles shall be emptied daily, seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser and polished continuously as stains appear. 5. All cigarette urns shall be sifted daily Monday,Wednesday, and Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 6. All drinking fountains shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Monday, Wednesday, and Friday of each week. 7. All trees below 15' shall be pruned four (4) time per year (first week in January, April, July, and October) using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. 8. All shrubs requiring hedging shall be trimmed every two weeks. 9. Replace all 52 state flags in the Plaza of the Flags the first week of January and July of each year. Flags to be provided by City. 10.All turf in the Civic Center area is considered priority turf. 11.Perennial/Annual Color: All perennial/annual color beds shall be maintained and planted/rotated three(3)times per year(first week of January, May, and September) as detailed in Attachment 5. 12.Fertilization: Cyad and Palms shall be fertilized two (2) times per year (first week in March and September) per the City's agronomic plan. 13.The Contractor shall be required to clean trash and large debris in parking lots in the Civic Center. The work shall be performed in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 14.All signage, drinking fountains, concrete pads, trash receptacles, site furniture, bollards, concrete or asphalt areas with stains around trash receptacles, security ciflI ,O N61 Landscape Malntenaw2nrft Page Ii MM26 lights, park benches, walls, and the pavement beneath them and other Civic Center amenities shall be cleaned daily. 15.The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. 16.After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all Civic Center areas within twenty-four hours (24 hrs.) at no additional cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 17.Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 18.The Plaza of the Flags shall have flags displayed at all times, The Contractor shall visually inspect the flags every day to assure they are in good condition. Should, in the opinion of the DR, any flag is not in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request a new flag from the DR. Contractor shall raise the new flag immediately upon receipt from the DR. The Contractor shall replace all flags twice a year (January, July) with flags provided by the City. 19,Japanese Garden Pagoda shall be cleaned daily. B. Annual Color Planting and Maintenance Specification at Civic Center 1. Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood killed to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. 2. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). 3. Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4"pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: a. Spring/Summer—April through October 1 CltyFUC3 -Ril Landscape Maintenejr sejffff Page f/ 26 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias b. Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus C. Vandalism 1. Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. 2. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. D. Quality of Life Team (QOLT) (Civic Center) 1. Homeless and Transient Encampent Clean Up a. Contractor shall remove transient/homeless encampments that may include, but is not limited to tents,soiled clothing, blankets, human feces, hypodermic needles, and items listed above. Clean up multiple encampment sites shall be scheduled or on an on-call basis. b. Work will consist of surveying sites, collecting debris, dismantling temporary structures, removing trash, and disposing of all debris at a local facility specified by the City. Jobsites can be in heavy foliage, embankments,train tracks, creeks and other areas requiring alertness to the environment and pre-planning to prevent injury or illness. C. Contractor shall remove unwanted natural or environmental materials including, but not be limited to, bko-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar. 2. Removal and disposal of debris/rubbish, including: a. Trees, cut brush, dead trees, tree limbs, and similar materials, b. Furniture, mattresses, appliances, scrap metals,junk, automobile parts or machinery, tires, televisions and other electronic devices, c. Structure demolition, including wood frame, concrete, asphalt, bricks or other construction debris, d. Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter, e. Hand sweeping (or blowing) of streets, alleys, sidewalks and similar areas. 3. Contractor may be required to occasionally perform confined space clean-up for entry into designated areas. LaMuscape city C nimail ., ero.ff age 26 4. Contractor may be assigned to work alongside Santa Ana Police Department and Social Services/Outreach Support Workers when clearing transient/homeless encampments. 5. Immediately contact the City of Santa Ana Police Department in the event that weapons are found. Under most, circumstances, the City's Police Department will have confiscated weapons and illegal contraband prior to the arrival of the Contractor. 6. Contractor may be required to post City provided "Notice to Clean or Remove Property" signs at the work site prior to the commencement of each removal project as established in the work-scope and as directed by City representative. Depending on circumstances, this posting may occur 24-hours from the date of the clean up or as determined by the Projects Manager. Contractor shall photograph posted notices to document time and location of posting as instructed by Projects Manager and City. 7. Contractor may be required to bag and identify personal property left behind at clean-up sites and transport them to a place designated by the Projects Manager or City. Guidelines for property identification will be provided by the City. Such items include but are not limited to items in good repair such as organized backpacks, clean and clearly identified medication, eye glasses in good condition, wallets, handbags, jewelry, operating watches, non-soiled duffel bags, and non-soiled and organized bedrolls. 8. General: a. Furnish all labor,equipment, materials and supplies(including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on City streets, alleys, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance. b. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract. 9. Staffing: a. Mobil Unit: Two (2)full-time employees from Monday—Friday from 7 am- 4 pm to collect, bag, and tag lost and abandoned property with the QOI_T team. b. They required a full-size vehicle with an electric dump trailer, or equivalent, to assist with homeless refuse pickup. c. City Yard Storage: One (1)full-time employee from Monday-Friday from 7:30-4:30 managing the storage facility center located at the City Yard. d. No vehicle is required. e. Staff should be trainable by City Staff and SAPD for homeless property pick up and storage. CitylitodlHNI LWascape enajg7grls 7/7/2026 SECTION XX LAWN BOWLING A. General Specification, Lawn Bowling Mowing, irrigation, and fertilizing are the primary turfgrass practices needed to sustain a turf surface of acceptable quality on a bowling green. Mowing, irrigation, and fertilizing are interrelated to such a degree that a reduction in leaf area by reducing the mowing height or using the vertical mowers too aggressively would require an adjustment in the frequency and intensity of fertilizing and irrigation. Throughout the growing season, the turfgrass grows both vertically and horizontally. When the turfgrass grows, it gets longer, and the matt gets thicker. Correct mowing of the lawn bowls green maintains the smooth and consistent rolling of the bowls, and the grass shall not get longer and thicker to maintain an ideal playing surface. 1. Equipment required for The Santiago Park Lawn Bowling Greens are required: a. Scott Bonner 30" Queen Mower 16-blade reel mower with a Honda 5.5 hp gas engine, OR EQUAL b. Groomer OJLBC-20002-08, OR EQUAL e. Sand Spreader OJLBC-2005-07, OR EQUAL d. GROUNDSMAN AERATOR OJLBC-1998-05Model 460, OR EQUAL B. Mowing 1. Bowling at the Santiago Park greens must be done in a north-south direction. Mowing should be done at a 45-degree angle to the roll of the bowl. Therefore, the mowing directions at the green should be northwest to southeast or northeast to southwest. Contractor must perform mowing as follows: a. These directions should be rotated each time mowing is done. b. During the months of April through November, mow two (2) times per week; set mower height to 118". c. During the months of October through March, mow once per week; set mower height to 1/". d. Overlap each pass of the mower by 50%. e. The Scott Bonner blade is sharpened at a 90-degree angle, enabling the blade to be removed and reversed. When both sides of the reel are dull, the blade is removed and back lapped. 2. Dethatching/Verticutting : a. Contractor must remove thatch material to allow proper water and nutrient permeability. Thatch is a buildup of dead and decaying herbaceous material at or slightly below the ground level. If thatch remains, the turf builds up unevenly and is more susceptible to fungus infections. The thatch slows the roll of the bowl and can alter the course of the roll. b. Contractor must remove thatch during the months of April through November Verticut, dethatch, and level green twice a week. Set cutting blades' height to % inch in depth. City ouncll an scape ain enary��"e Page age'?/f 2626 3. Grooming: a. Contractor must perform grooming services during the months of April through November every year. b. Contractor must groom grass twice a week as described on page 6 of greens maintenance manual. Schedule work for Tuesdays and Thursdays. Set the cutting blades depth to 1116 inch. 4. Aeration: a. Contractor must perform aeration during the month of March every year. b. Conractor must plug with 1/-inch diameter 6-inch long hollow tines. Remove debris from the greens after plugging. Backfill the empty holes with pure washed sand sieve#60, approximately 7 tons. c. After aeration, coordinate fertilization with the IPM contractor(separate contractor) and immediately finish by watering. CltyI&I-A II Landscape ainena% bellej vage / 26 SECTION XXI CENTENNIAL PARK A. Centennial Park: The Contractor shall clean and maintain the following areas of Centennial Park: 1. The parking lot south of Rancho Santiago College is a part of the agreement site. 2. The unimproved planting area east of Rancho Santiago College is a part of the agreement site. 3. The irrigated area outside of Dan Young Soccer Complex to the west is a part of the agreement site. 4. The Contractor shall pressure wash off daily from pedestrian hardscape areas bird droppings. SECTION XXII VACANT LOTS A. Vacant Lots The Contractor shall perform daily blowing off, trash and debris removal, including managing weeds. 1. loth and Plower 2. 1'and Mountain View 3. Bristol and Tolliver 4. Bristol and Myrtle i I CltFudahtil Landscape Maintenart��Sen s� Page10/2026 I SECTION XXIII SANTA ANA STADIUM A. Santa Ana Stadium The historic Santa Ana Stadium is a premier youth football and soccer venue. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed: 1. All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown and/or swept clean daily, seven (7) days per week. 2. All parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean once per week, on Thursdays. Trash shall be picked daily. 3. All site amenities, including but not limited to, signage, player benches, hand railing, public telephones, etc., shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Friday of each week. 4. All grandstand bleachers shall be inspected continuously and wiped clean as stains and dirt appear. 5. All turf in the Stadium area is considered priority turf. 6. All surfaces within the Stadium (including tunnels, bleacher areas, all walkways, seats) shall be high pressure washed quarterly (the third Monday of July, October, January, and April) to remove stains, gum, candy, dirt, etc. See pressure washing scope. 7. The contractor shall be able to provide additional staff for special events, before and after, at the stadium to handle the additional trash and debris.These special event services shall be billed per event. Landscape Malnten age 26CItMdW& TUi9l SECTION XXIV SANTA ANA ZOO A. Santa Ana Zoo(Zoo) The Santa Ana Zoo was established in 1952 and is a 20 acre zoological park and botanical garden. Due to the sensitivity of the animals at the zoo and unique plantings, there are some variances from the standard Grounds-Landscape Specification. The following special maintenance shall be performed for the Zoo site only. 1. The Contractor shall use electric-powered equipment in the course of providing service at the Zoo. Gas powered equipment is not allowed unless approval is granted by the CR. 2. All turf at the Zoo is considered casual turf. Casual turf at the Zoo shall be mowed using a Mean Green Mowers EVO or equivalent commercial electric mower as approved by the CR. 3. The interior courtyard adjacent to the cafe and playground sees the highest use levels of all turf areas at the facility. This location should be overseeded and renovated as needed throughout the year to maintain consistent turf quality, aesthetics, and provide the highest amount of usability for visitors. This should be coordinated with the CR for the Zoo. 4. Tree Edging No-Mow Tun`-Trees maintained with natural no-mow lawns (i.e. Carex sp.) shall not have shovel cuts around trees. 5. All mulch at the Zoo shall be 2" minus composted mulch applied to a 2" thickness unless approved by the CR. Mulch shall not cover root flare of trees and the base of shrubs leading to plant health issues. 6. To lessen the impact on daily Zoo operations and provide the best well-being for the animals, tree pruning specifications include trees up to 30' height with DBH less than 18". This is restricted to the interior of the Zoo and immediately adjacent to animal habitats. This specification allows for ornamental pruning of small and moderate sized trees to occur throughout the year along with routine landscape maintenance services. This has the effect of spreading out the burden on the facility and drastically reduces the amount of time areas need to be closed off to the public. Large trees and trees outside the public areas are not included. Please see attached diagram for a map. 7. An ISA TRAQ Certified Hazardous Tree Professional shall evaluate all Zoo trees and provide a written report using the Arbor Access Tree Management Software program (or an approved equal) one time only within six months of the start of the contract. 8. Tree Establishment — "Treegator" Slow Release Watering Bags or similar shall be provided for newly planted trees as determined by the CR, Gator Bags shall be filled weekly for the first two growing seasons. 9. California Natives and Drought Tolerant Shrubs-Selectively prune and trim all native plants during appropriate seasons to ensure pedestrian paths, walkways and sidewalks are not impeded or as necessary based on best horticultural practices. (i.e. Romneya coulteri pruned to 6" in late summer or fall, Salvia clevelandii pruned in fall, Zauschenria sp. established plants cut back hard in winter after flowering. 10. Bamboo - Dead, old, small, leaning or misshapen culms shall be removed annually. Cuts shall be made as close to the ground as possible and straight across so there CityOU11C11 Landscape aintenart��Serui � Page"12626 are no dangerous, sharp points sticking out of the ground. Care shall be taken to avoid damaging newly emerging culms. The CR will provide additional direction on which clumps may be topped to increase the screening effect or "legged-up" for aesthetics. Giant timber bamboo shall be maintained with a minimum of 12"distance from building foundations. 11. Epiphytic Specimen Plants - Epiphytic plants (Platycerlum sp., Bromeliads, Anthurium sp., Tillandsia sp., Laelia sp., etc.) require special attention and may not have dedicated irrigation systems. These specimen plants shall be hand-watered at varying intervals depending on the time of the year based on horticultural requirements. Platycerlum shall be fully drenched including the fronds. 12. Ornamental Grasses - All Cortaderia selloana (pampas grass) specimens smaller than four feet in diameter shall be removed immediately and disposed to control invasiveness. Warm-season grasses shall be cut to the ground in fall or winter consistent with best horticultural practices. Ornamental grasses shall be cut within 6"with a flat top and not mounded. Large clumps(5+seasons) only exhibiting growth around the edges of the clump shall be dug up, divided, and replanted. Thysanolaena maxima specimens shall be minimally pruned to maintain form and tidiness. 13. Animal Enclosures&Animal and Human Safety- The Contractor's workers must not enter animal enclosures without prior approval from the Zoo Manager or their representative. Workers must not touch or feed any of the Zoo's animals. In the event of an escaped dangerous animal, the workers will be asked to stop work immediately and evacuate the zoo. Annually, the Contractor shall provide their employees working in and around animal exhibits with basic training on zoonotic disease prevention and common-sense sanitary measures. The Contractor shall meet with the Zoo Director or their representative for relevant information before commencing work. 14. Gutter Maintenance-The Contractor shall pay attention to clearance of gutters within the Children's Zoo area to prevent blockage and the growth of weeds. 15.Zoo Closure Days-The Zoo is closed to the public on Thanksgiving Day, Christmas Day (December 25), and New Year's Day (January 1). The Zoo is open all other holidays. The Zoo may be closed to the public during severe inclement weather. Closure days are subject to change by the CR. 16. Rock Mulch Groundcover- Cactus and succulent beds are to be mulched with Dos Rios Pebbles 318" by Southwest Boulder and Stone or equivalent type to match existing as approved by DR. Pebble mulch shall be maintained at a 1" depth and kept off adjacent walkways. 17. General Maintenance, Daily Maintenance - All trash and debris (branches, glass, metal, paper, etc.) on the ground or in trash receptacles shall be removed from all worksites, landscaped and paved areas each day Monday through Sunday before 10:00 a.m., when the Zoo opens to the public. All organic debris (twigs, leaves, fruit, sand, gravel, rock, wood chips) on the pathways shall be removed from paved areas each Monday and Friday before 10:00 a.m., when the Zoo opens to the public. DG pathways shall be maintained through limited blowing and raking to reduce particulate pollution and dust in animal habitats. 18. Washing Landscape Material-To maintain plant health and aesthetics, plant material shall be washed down on a regular basis to remove any accumulated dust and cobwebs. Cit\f t ll iI Landscape MaintenajCe Be Page age M 26 19. Inspection of Perimeter Fence—Daily, the Contractor shall inspect the integrity of the chain link perimeter fence for breaches and advise the Zoo Director or CR of issues. 20. Trimming and Weed Removal within Exhibits— a. Quarterly, the Contractor shall blow-off leaf litter accumulating on animal exhibit roofs, netting, cages, etc. including, but not limited to, Colors of the Amazon Bird Aviary. b. Monthly, the Contractor shall inspect plant material in the animal exhibits for damage to the netting and trim plants pushing through animal exhibit roofs, netting, cages, etc. to prevent damage. c. Contractor shall perform weed removal in the Anteater and Amazon's Edge exhibits. 21. Pressure Washing-The Contractor shall perform weekly and as necessary pressure washing of paved areas, site furniture, drinking fountains, etc. in the caf6 eating area. 22. Resetting Seating—The Contractor shall, Monday through Sunday, before 10:00 am each morning, reset all tables and chairs in the Zoo. 23. Blowing-Off Exhibits — The Contractor shall blow-off/clean animal exhibit roofs, netting, cages, etc. on a routine basis. Prior to performance, the Contractor shall coordinate with the CR. 24. Storm Drain Maintenance — The Contractor shall continuously maintain the Zoo's storm/area drains, including the filter fiber by keeping them clean and free of debris, The Contractor shall change the stormlarea drains filter fiber,which shall be provided by the Zoo, as necessary. 25. Weekly Meeting --The contractor shall plan to have a standing weekly meeting with the CR and involve the IPM representative in the meeting. 26. All IPM and Agricultural pest control services at the Zoo only shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. City ouncil Landscape Maintenanftserllt Page_1/1/%26 APPENDIX I TERMINOLOGY A. Interpretation/Terminology The following terms are for convenience and reference only and are not intended to define or limit the scope of any provision hereof. The following words shall be construed to have the following meanings, unless otherwise apparent from the context in which they are used: 1. As Needed: To maintain the grounds in a clean appearance as determined by the City. The intent is to permit the City to receive services beyond the scheduled frequencies on an occasional basis. Should a service be needed on a consistent basis the City shall amend the Contract with Contractor subject to approval by the City Council. 2. Additional Cleaning (or Operation): The completion of all maintenance tasks, in whole or in part, to ensure that the specified conditions resulting from the "Initial Cleaning" or"Initial Operation" sustained or retained. 3, Appurtenances: Objects or features, which are component parts of the areas to be maintained. Appurtenances include, but are not limited to: seat walls, bollards, valve boxes, bike racks, fences, walls, monument pedestals, decorative features, benches, picnic tables, light standards/flag poles, handrails, electrical panels and transformer enclosures, and signage. 4. SporttPriority Turf: Grass surfaces are maintained for the goal of primarily providing a smooth, safe playing surface for sports. 5. Automated Irrigation System: Valves, sprinklers, etc., that are operated using a controller which functions electrically, hydraulically, or thermally. 6. Biopesticide: Certain types of pesticides are derived from such natural materials as animals, plants, bacteria, and certain minerals. 7. BMP: Best Management Practices are identified by individual industry and must be incorporated into the operational management of the Contract. 8. Centrally Operated Irrigation System: Sprinklers, valves, etc., are turned on remotely from centralized software. 9. Confined Area: An area of turf bordered on three (3) or more sides by shrub beds, planters, hardscapes, walls, fences, play areas, decomposed granite areas, or other like borders. 10. Contiguous Hardscape: Hardscape medians that are on the same street as the landscaped medians and continue through to the next major intersection. 11. CR: City Representative. 12. EIC: Employee in Charge. 13. Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate assistance or relief. 14. AEW:Authorized Extra Work not in the contract to be approved by CR before City Council 16 — 319 7/7/2026 starting or completing. AEW's will state the hourly rate of each laborer and trade to make the repairs, sample sheet attached. However, in case of a callback for workmanship failures approved through the AEW, the city will deduct a similar rate to make the corrections via a failure to perform (FTP). 15. ET: Evapotranspiration, or the water lost from a plant system due to evaporation from soil or transpiration of water through the plant. 16. Casual Turf: All grass locations which are primarily used for leisure activities and not used for sports. Not sports or priority 17. Green Waste: Any waste from vegetation, including but not limited to: tree trimmings, grass cuttings, dead plants, leaves, branches, wood and dead trees, and similar materials naturally occurring within the subject areas, or generated as a result of services provided by Contractor. "Clean Green Waste" shall not contain more than 10% contaminants. 18. Hardscape(or Hardscapes, Hardscape Areas): Sidewalks,walkways, patios, quads, game courts, bike paths, paved areas, and like surfaces, 19. Hazard: Anything likely to cause a person or animal harm. 20. Homeless imprint: An area defined by belongings, including personal items such as tents, carts, tarps, blankets, furniture, and food, which appears to be a settled area. 21. Initial Cleaning (or Operation): The first cleaning or first maintenance operation of several scheduled for a given day. 22. Interior Roads: Roads that are contained within the boundaries of a given area. 23. Litter: All paper, plastic, cans, bottles, or other material discarded in or on any location within the Contract area other than in a trash container provided for that purpose. 24. Non-emergency: An unplanned service requirement that needs additional attention in a prescribed period. 25. Pesticide: Products that prevent,destroy,repel,or mitigate a pest,or which are plant regulators, defoliants, desiccants, or nitrogen stabilizers. A registered chemical is identified using an EPA and/or Cal Registration Number, or both. 26. Recyclable Material: Plastic, glass, or aluminum materials have economic value when separated from trash. 27. Repair or Replace: Equipment or property shall be repaired or replaced as determined by the City with like kind and quality. The intent is to maintain the equipment or property in good condition and consistent with the current model brand or manufacturer. 28. ROC: Rail Operations Center. 29. ROW: Right-of-way. 30. SDS: Safety Data Sheet 31. Spot Cleaning: The cleaning of only those portions of a floor, walkway, wall, fixture, table, furnishing, handrail, bench, or other surface(s)which are soiled (dirty, stained, marked, smudged, etc.), where the entire surface may not be sufficiently soiled to warrant cleaning the entire surface. The contractor shall City Council 16 — 320 7/7/2026 interpret the term"spot cleaning"to include the complete cleaning/washing of any surface which does not or would not, have a clean, uniform appearance after the cleaning of only portions of that surface. 32. Street Sidewalks (or External Sidewalks): Sidewalks or paved walkways that parallel streets, and which may exist on the perimeter of or adjacent to the areas to be maintained. 33. Trash: All litter, garbage, refuse, rubbish, dead fish and birds, human or animal feces and other materials and substances discarded or rejected as being spent, useless, worthless, or waste. 34. Pressure Washing: Power washing with the use of high-pressure hot water spray to remove dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 35. Failure to Perform (FTP): Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. 36. Compost: The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be i) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7; or ii) produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State's composting operations regulatory requirements. 37. Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). 38. Recovered Organic Waste Products: Products made from California, landfill- diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. 39. SB 1383: Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 40. SB 1383 Eligible Mulch: Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section City Council 16 — 321 7/7/2026 18993.1(f)(4) for the duration of the applicable procurement compliance year. FOR PROPOSERS' REFERENCE ONLY City Council 16 — 322 7/7/2026 APPENDIX 11 ADDITIONAL TERMS AND CONDITIONS City Council 16 — 323 7/7/2026 TABLE OF CONTENTS SECTION 1. CONTRACT REQUIREMENTS 1.1 Independent Contractor 1.2 Contract Transition 1.2.1 Transition In 1.2.2 Transition Out 1.3 Hours and Days of Maintenance Services 1.3.1 Scheduling of Operations 1.3.2 Service Schedules 1.4 Non-Interference 1.5 Consumable Materials and Supplies—Contractor-Supplied 1.6 Consumable Materials and Supplies—City-Supplied 2. RESPONSIBILITIES OF THE CONTRACTOR 2.1 Inquiries and Complaints 2.2 Safety 2.3 Vehicles and Equipment 2.4 Locks and Keys 2.5 Service Yard and Storage Area(s) 2.6 Utilities 2.7 Traffic Control 2.8 Bloodborne Pathogens and Biohazardous Material 2.9 Accident Reporting and Site Securing 2.10 Vandalism 2.11 Cooperation /Collateral Work 2.12 Protection of Existing Facilities and Structures City Council 16 — 324 7/7/2026 2.13 Protection of Property During Inclement Weather (Emergency Response) 2.14 Emergency Numbers and Emergency Call-Outs 2.15 Contractor's Staff 2.16 Work and Workmanship 2.17 Supervision and Special Skills 2.18 Management and Enforcement 2.19 Contact with Minors 3. EXECUTION OF WORK 3.1 Subcontracting 3.2 Contractor Hiring 3.3 Notice Requirements 3.4 Default by Contractor/Termination 3.5 Temporary Suspension of Work 3.6 Damage Caused by Contractor 3.7 Non-Emergency Call-Outs 3.8 Work Not Included 3.9 Signs / Improvements 4. ENVIRONMENTAL REQUIREMENTS 4.1 Environmental Requirements 4.2 Refuse Disposal 4.3 Hazardous Materials 4.4 Sound / Noise Control Requirements 5. CHANGES TO THE CONTRACT 5.1 City's Right to do Work 5.2 Changes in Service City Council 16 — 325 7/7/2026 5.2.1 Special Events 5.2.2 Construction Activity and Maintenance Functions 5.3 Special Requests 5.3.1 Soil and Plant Testing 6. CONTRACT ENFORCEMENT AND EVALUATION 6.1 Contract Enforcement 6.2 Performance Evaluation City Council 16 — 326 7/7/2026 SECTION 7 CONTRACT REQUIREMENTS 2.1 Independent Contractor The Contract between City and Contractor is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership,joint venture or association, as between the City and Contractor. The contractor understands and agrees that all persons furnishing services to the City under this Contract are, for purposes of Workers'Compensation Liability, employees solely of the Contractor and not of the City. The contractor shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder. 2.2 Contract Transition 2.2.1 Transition In Contractor shall provide a written statement of their transition plan to include potential personnel who will be on the transition team and their roles, subject to City approval. Also included shall be sample timelines illustrating when the Contractor will be fully in place and performing all tasks. The anticipated transition period will be three(3) months. A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel-cut all tree rings; 2) raise all trees; and, 3) mulch all areas; 4) irrigation audits; 5) pressure washing appurtenances; 6) and repair DG paths. The Contractor acknowledges that each site's irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each site's rotors/heads and lateral irrigation lines. Following the initial agreement for startup repairs, the Contractor shall assume responsibility for future repairs (see Appendix D 2.4 herein). 2.2.2 Transition Out Contractor shall work in good faith with the City to transition out of the service, should a new Contractor be selected. The storage areas used by the Contractor shall be left in an orderly manner. All materials and equipment owned by the Contractor shall be removed from storage areas in a timely manner. Upon Contract completion,all keys, cards and remote controls given to Contractor shall be returned to the City's designed City Representative(CR)with a final walk-through with the Contractor and the CR. 2.3 Hours and Days of Maintenance Services 2.3.1 Scheduling of Operations a. Normal work hours are from 6:00 a.m. to 6 p.m., Monday through Sunday, unless City Council 16 — 327 7/7/2026 otherwise specified. The contractor shall perform work at such times as to minimize disturbance or interference to the residence and pedestrian or vehicle circulation (e.g., early morning mowing or irrigation checks, etc.) No routine mowing or pruning shall occur on Saturday or Sunday unless pre-approved by the CR(s). Only those tasks related to cleaning or trash shall become routine on Saturdays and Sundays. b. The contractor shall perform work following the pre-approved schedules during City business or non-business hours, depending on the needs of the facility where work is performed. c. Changes in the schedule by the City may be made with five (5) business days advance written or verbal notice to the Contractor. d. The contractor must notify the CR(s) of any problems or service interruptions within twenty-four (24) hours or the next business day. Unavoidable service disruptions may be completed at a later date at the discretion of the CR(s). e. Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of$300 per site per item per day not corrected or the cost to have an outside contractor perform the service. f. Repeated service interruptions without justification or approval of the CR(s) shall be subject to action provided for herein. g. The contractor shall provide adequate staffing to perform the required services during the prescribed times. h. Any changes in the days and hours of service heretofore prescribed shall be subject to approval by the CR(s). i. The contractor shall be available for on-call services twenty-four (24) hours a day. j. Non-emergency on-call requests shall be responded to within four (4) hours of notification by the City representative or as mutually scheduled and agreed to by Contractor and City representative. k. The contractor shall respond to all requests for on-call emergencies within one (1) hour of notification by the City representative. (Explained further in Section 3.14) I. On-call service rates shall be based on Contractor's hourly rate as quoted in Appendix E for such work. m. Certain maintenance tasks may have time restrictions or extended time requirements. The contractor must observe and respond to these restrictions and requirements. n. The contractor shall adjust schedules to meet the Specifications and compensate for all City observed holidays. 2.3.2 Service Schedules City Council 16 — 328 7/7/2026 a. The contractor shall, within 30 calendar days of the effective date of the Contract, submit all work schedules to the CR(s)for review and approval. Said work schedules shall be based on a twelve-month calendar and be in a format approved by the City. b. Any other activities that the Contractor performs on a regular or semi-regular basis, as determined by the City, will require a schedule to be submitted upon request by the City. c. The contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR(s) for review and if appropriate, approval within five (5) working days before the scheduled time for the work. d. At the discretion of the City, monthly meetings (or at an increased frequency if deemed necessary by the City) between the Contractor and the CR(s) may be scheduled to determine progress and address any changes in schedules, problem areas, etc. e. Changes or variations in scheduling may be necessitated by City special events, recreation classes, reservations, etc. The contractor shall adapt any or all schedules to the City's requests. 2.4 Non-Interference The Contractor shall not interfere with the public use of the sites and shall conduct its operations as to offer the least possible obstruction and inconvenience to City employees and the public or disruption to the peace and quiet of the area within which the services are performed. In the event of recreation programming issues, special events, etc.,the Contractor may be required to alter the schedule to avoid interfering and may be required to return at a later time to meet the task and frequency. 2.5 Consumable Materials and Supplies —Contractor-Supplied The contractor,as a component of the cost proposal, shall provide all of the following items: a. Trash can liners (except at the zoo facility) b. Cleaning agents, spotting agents, polishes C. Disinfecting cleaning agents d. Cleaning-related supplies e. Chemicals (as specified) f. Pest/weed control chemicals (as specified) g. Annual plant materials or any plants that die due to delayed irrigation repairs h. Mulch/topdressing per the contract specifications City Council 16 — 329 7/7/2026 i. Brick dust j. Grass seed (as specified) k. Fertilizer (as specified) I. Tree stakes and ties m. Dog bags for Doggie Dispenser No additional payment will be made for these materials. All Contractor provided chemicals, cleaning agents, and materials are subject to review and approval by the City. 2.6 Consumable Materials and Supplies—City-Supplied The City will supply, at no cost to the Contractor, the following items: a. All replacement plant material (not including annuals), except those damaged by the Contractor. b. Irrigation replacement parts (as specified) c. Trash cans d. Playground sand and bark e. Signs—water conservation for medians, water audit, field renovation f. City will be provide DG as needed per the specifications. g. Trash can liners (at the Zoo facility only) The contractor shall request these materials from the CR(s), and shall ensure proper and secure storage of these materials in an area specified by the CR(s). The contractor shall also ensure proper distribution and monitoring of these materials/supplies to prevent waste, theft, or other abuse. The contractor shall provide a log specifying where and when supplies have been used, and this log shall be made immediately available to the City upon request. City Council 16 — 330 7/7/2026 SECTION 2 RESPONSIBILITIES OF THE CONTRACTOR 3.1 Inquiries and Complaints 3.1.1 The contractor shall maintain a telephone at their facilities, listed in the telephone directory in its name or in the firm name by which it is most commonly known. At this location, during the daily hours of maintenance operation, the Contractor shall have some responsible person(s), who is proficient in English, employed to take the necessary action regarding all inquiries and complaints that may be received from the City. An answering service shall be considered an acceptable substitute to full-time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. 3.1.2 During regular working hours, the Contractor's Foreman, or an employee responsible for providing maintenance services, shall be available for notification and able to respond through electronic communications within 30 minutes. 3.1.3 During regular days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage, the City may, after a reasonable attempt to notify the Contractor, cause such action to be taken by the City workforce and charge the cost thereof as determined by the City to Contractor or may deduct such cost from an amount due to Contractor from the City. 3.1.4 The Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken thereto or the reason for non-action. The complaints log shall be open to inspection by the City at all reasonable times. The City will maintain work order and email files. 3.1.5 All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or the Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City. Such cost shall include all City staff time required to resolve the problem and appropriate overhead charges. 3.2 Safet 3.2.1 Contractor shall provide a safe workplace and comply with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) laws and regulations and any other applicable law, rule, regulation, ordinance and risk management standards. The contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. All City Council 16 — 331 7/7/2026 hazardous substances shall be listed per site, and Safety Data Sheets (SDSs) available at all times. 3.2.2 The Contractor shall be responsible for inspecting, identifying, and securing any condition(s) that renders any portion of a site unsafe and any unsafe practices occurring thereon. The CR(s) shall be notified immediately of any unsafe or undesirable condition(s) via email, phone, or instant messaging ensuring that it was received. This includes, but is not limited, to the following: a. Damagedlinoperable fixtures, hose bibs, or irrigation components b. Running water, irrigation breaks, weeping valves, etc. c. Evidence of arson, vandalism, or other crimes d. Damaged signs or drinking fountains e. Damaged benches or tables f. Graffiti g. Hypodermic needles or condoms h. Large amounts of blood or feces i. Hazardous or suspicious materials/items j. Insect, rodent, or bird infestations k. Homeless persons or their possessions I. Items lost by patrons m. Poor turf conditions (i.e., holes, tripping hazards, uneven surfaces, gopher holes) n. Damaged fencing (i.e., holes, loose posts, missing fasteners) o. Standing water, saturated turf, dry spots p. Lake conditions including dead or sick wildlife, water quality issues q. Downed tree limbs r. Unsafe walkways s. Unstable trees t. Improperly supported trees (i.e. stakes, trees) u. Other hazards, as applicable 3.2.3 The contractor shall be responsible for making minor corrections including, but not limited to: using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor-damaged valve box covers, and securing any damaged apparatus to protect members of the public or others from injury. 3.2A If needed, the Contractor shall assist the public by summoning emergency assistance at the site. The contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, beginning with immediate notification, and then a complete written report of the nature of the issue to the City within five (5) days following the City Council 16 — 332 7/7/2026 occurrence. 3.2.5 The contractor shall also ensure that: a. Vehicles, equipment, and hand or power tools are not left unattended or laying on walkways, grounds, or appurtenances where patrons may be put in jeopardy. b. Operator and machine safety equipment shall be in place and operational. c. Machine speed and operational characteristics shall match manufacturer's recommendations. d. Transport and operation speeds shall be within the maximum limits established for the site. e. After the protection of public safety, the preservation of site equipment, appurtenances, infrastructure, and public activities shall be paramount. f. Debris from operations shall not be allowed to compound existing conditions on hard surfaces and public access areas. All debris deposited on these areas as a result of the Contractor's work shall be cleared from hard surfaces and public access areas before leaving the site that day. g. The contractor shall remedy hazardous materials on site which result from Contractor's work and shall properly dispose of the materials off-site. The contractor shall notify all appropriate agencies. h. Malfunctioning equipment shall only be left on site with barricading, tagging, and reasonably supervising it until repairs are affected. In no case shall the equipment be left on site overnight. i. During all operations, the Contractor shall be subject to local ordinances regarding noise levels (see NOISE in Santa Ana Municipal Code). Any scheduling of the Contractor's operations may be modified by the City at no additional compensation to the Contractor to ensure that the public is not unduly impacted by the noise of equipment or operations. j. Fuels and additives shall not be left exposed or accessible to patrons. k. Fueling and repair operations shall be performed off of turf areas and away from patron activity. I. All pesticides shall be handled appropriately and safely. 3.3 Vehicles and Equipment 3.3.1 The contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment. 3.3.2 The contractor shall immediately repair or replace all equipment deemed by the CR(s) to be unsafe, irreparable, or in unsatisfactory condition. 3.3.3 The contractor shall provide and properly maintain all necessary vehicles and equipment including, but not limited to: vehicles, mowers, edgers, saws, blowers, water hoses and City Council 16 — 333 7/7/2026 nozzles, squeegees, and high-pressure/low-volume sprayers. 3.3.4 All vehicles shall display Contractor's name with an approved City service statement visible, such as: X.Y.Z. Contracting, Inc. Serving the City of Santa Ana A prototype of the magnetic placard shall be submitted to the City for approval within 30 days of the award of the Contract, with the placement of the placards on all vehicles operating within the City limits to take place within 60 days following the recognition of the Contract. 3.3.5 All equipment shall receive scheduled preventive maintenance to promote equipment reliability and ensure optimum performance at all times. 3.3.6 All equipment is subject to CR's approval. 3.3.7 Equipment failures that happen more than three (3) times in one (1) month will be subject to deductions and a directive to replace the unreliable piece of equipment. 3.3.8 In preparing the proposal, the Contractor shall consider the following conditions pertaining to the vehicles and equipment utilized in the completion of the specified maintenance tasks: a. The City Council of Santa Ana is considering banning all fuel-powered (e.g., gasoline, methanol) leaf blowers. The contractor will not receive additional compensation should such a ban be implemented before or after the award of the Contract. b. Mowers utilized for the hybrid Bermuda athletic turf must be dedicated solely to that hybrid Bermuda grass to prevent contamination. c. A self-contained power scrubber unit shall be required to perform washing and steam-cleaning operations. The contractor shall meet all specified criteria as outlined in Section 22.2 of the Specifications in Appendix B. All wastewater recaptured by such a unit must be disposed of in a sanitary sewer approved by the City. 3.3.9 The contractor's vehicles may be permitted to drive on turf when conditions allow following specific routes designated by the CR(s). Areas designated as "unavailable for vehicle travel," such as natural habitat areas, shall be serviced by other means. 3.3.10 The City shall provide, if possible, a storage area(s) at those sites that are not immediately accessible to Contractor's vehicles. (If a storage yard is unavailable the contractor shall have a storage facility close to the City of Santa Ana to impact the maintenance). 3.3.11 Larger vehicles may be allowed in the performance of non-regular maintenance tasks, with the approval of the City. 3.4 Locks and Keys 3.4.1 Access to City facilities shall be in accordance with instructions, keys, and/or security cards issued or provided by the CR(s). Access may include special instructions about security systems installed at facilities. The contractor shall take all reasonable precautions to ensure that the security of the facilities and internal equipment, furnishings, and other items are always maintained. 3.4.2 The City may develop an initial chain and lock system with a specific number of City Council 16 — 334 7/7/2026 replacement locks for trash containers, restrooms, gates, valve/pump cover boxes, and controllers. The contractor shall be responsible for purchasing similar locks upon the loss of any City-owned locks initially provided to the Contractor. The City shall exchange, one- for-one, locks that have been vandalized or are inoperable. 3.4.3 Contractor may provide a chain and lock system, at Contractor's expense, for trash containers located throughout the site to secure and limit the removal or tipping of the containers. 3.4.4 The Contractor shall be responsible for the series of keys assigned to it and assign these keys to its personnel to maintain the facilities. The contractor shall be responsible for the proper use and safekeeping of all keys issued by the City to the Contractor. 3.4.5 Contractor shall report all lost or stolen keys to the City representative(s) within twenty- four (24) hours of discovering the loss. The contractor shall reimburse the City for the total cost of re-keying the facility or duplicating additional keys, as determined by the City. 3.4.6 Upon termination or cancellation of the Contract, Contractor shall immediately return all keys, cards, remote controls, etc., to the City. 3.4.7 California law stipulates that it is unlawful for a person to duplicate any keys without the owner's permission. The penalty for violation of this law is either six (6) months imprisonment or a fine of$500.00, or both. 3.5 Service Yard and Storage Area s 3.5.1 The City, at its discretion, may provide storage and office facilities for Contractor's use. In such cases, the Contractor is prohibited from using said facilities to conduct any of its business outside the scope of the Contract. Further, said facility shall not be used for human habitation, other than a night watchman or patrol service as specifically approved by the City. 3.5.2 CR(s) shall identify and authorize Contractor to use a designated area, if available, exclusively or shared with City, for onsite storage as needed. If the designated area is shared with the City, Contractor shall identify equipment, materials, and supplies belonging to Contractor. If the City provides an area, the Contractor is responsible for securing and providing the CR access. The contractor shall safely store all supplies and compliance with all laws and regulations. 3.5.2.1 The contractor may not store any trash, litter, or recyclable material at the facility or in any vehicle for a period of over 24 hours. Notwithstanding the foregoing, the Contractor must conduct all operations at the facility in compliance with all applicable laws and regulations so as not to create a nuisance. 3.5.2.2 The contractor shall not"stockpile" hazardous materials in any quantities at the facility and shall not maintain any amount of such material at the facility greater than that which Contractor plans to use within the following 30 days. Notwithstanding the foregoing, the Contractor shall sometimes store all hazardous materials in compliance with all applicable state and federal laws and regulations. City Council 16 — 335 7/7/2026 3.5.2.3 The contractor shall not dispose of hazardous material on the site. All such hazardous materials collected on the site shall be appropriately stored temporarily, after that to be disposed of by Contractor at an approved disposal site, per California statutes. 3.5.3 Contractor, at its own risk, may store equipment and materials required for maintenance in said facility, providing the City has agreed to provide such facility. However, the Contractor must always use safety standards and handling procedures as applied to such equipment and materials. This contract assumes minimal facilities for the Contractors' vehicles and equipment. 3.5.3.1 City shall not be liable for damage or loss to Contractor's equipment, materials, and/or personal property. The contractor shall hold City harmless and waive any claims for damage for loss of use of any equipment, materials and/or property that may occur at City facilities. 3.5.4 Contractor shall maintain the service yard and/or storage area(s) in a clean, weed-free, well-organized manner in keeping with the highly visible nature of the surrounding area. Failure to do so may result in the Contractor's loss of the use of the storage area(s). 3.5.4.1 The service yard and/or storage area(s) occupied by Contractor shall be cleaned and swept once per week and the sweepings disposed of in a lawful manner. 3.5.4.2 Contractor shall remove all undesirable material including, but not limited to, trash, accumulated debris, and equipment that is no longer usable for the purpose it was intended for, from the service yard and/or storage area(s). 3.5.5 The City may inspect service yard and/or storage area(s)for compliance anytime at City's discretion. 3.5.6 Upon expiration or termination of Contract, Contractor shall restore service yard and/or storage area(s) to its original condition. Nothing contained herein which permits Contractor to use designated space shall be deemed or construed as a lease of space, but shall be a mere right to use. 3.6 Utilities The City shall pay for the installation and use of all utilities at these sites,with the exception of the Contractor's telephone hookup and service. 33 Traffic Control 3.7.1 When working in road rights-of-way, Contractor shall comply with all procedures and requirements specified in the State of California (CAI_TRANS) Manual of Traffic Controls for Construction and Maintenance Work Zones and within the confines of applicable OSHA requirements. 3.7.2 Contractor shall cooperate with the Santa Ana Police Department (SAPD) relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of vehicles. If required, the contractor shall obtain an encroachment permit for any partial or complete lane closure. All work that requires traffic City Council 16 — 336 7/7/2026 controls will need to comply with the current WATCH manual. 3.7.3 When entering or leaving roadways carrying public traffic, Contractor's equipment, whether empty or loaded, shall in all cases, yield to public traffic. 3.7A Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or WATCH Book). Lighted signs or arrow boards are required as needed. 3.8 Bloodborne Pathogens and Biohazardous Material The contractor's staff shall be aware of potential exposure to bloodborne pathogens through hypodermic needles, blood and feces, and shall wear personal protective equipment. Contractor shall treat hypodermic needles, large quantities of feces, and any rags, paper towels, or other materials containing blood as biohazardous material. Only individuals trained in the removal and disposal of such material shall do so. Contractor shall immediately notify the appropriate authority upon the discovery of such occurrences. Contractor shall secure the affected site until such time that the appropriate authority can respond. See California statutes and guidelines for process. 3.9 Accident Reporting and Site Securing Contractor shall immediately notify the designated CR(s) of any accident, regardless of whether or not injury or damage is evident, involving park patrons, City staff and equipment, and Contractor's staff, vehicles, and/or equipment shall secure the site until rendered safe. Contractor shall provide all written reports and/or documentation requested by the City. 3.10 Vandalism The contractor shall report any damage to City property, including but not limited to vandalism,Acts of God, and third-party negligence to the CR.Via email, phone call, or message as determined by CR. 3.11 Cooperation /Collateral Work The City and other contractors will conduct on-going activities and operations during Contractor's work. These activities will include but are not limited to landscape refurbishment, irrigation system modification or repair, construction and storm-related operations. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by the Contractor as a result of the City's work. Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the CR(s)to cooperate. 3.12 Protection of Existing Facilities and Structures The contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities, both above surface and underground, on the City's property. 3,12.1 Any damage to City property deemed to be caused by Contractor's negligence or failure City Council 16 — 337 7/7/2026 to use due care shall be corrected or paid for by Contractor at no additional cost to the City. 3.12.2 If the City requests or directs Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release Contractor's duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City. 3.13 Protection of Property During Inclement Weather(Emergency Response) During storms and periods of excessive rainfall, and in conjunction with Emergency Cali-Outs (below), Contractor shall provide supervisory inspection of the work during regular working hours to prevent or minimize possible damage from such adverse weather. The prime factors in assigning work shall be the safety of the workforce and damage to landscaping. 3.13.1 Contractor shall submit a report identifying any storm damage to the CR(s) and attach a site map identifying location of damage and cost estimate to repair/replace within 48 hours. 3.13.1.1 Report shall contain photos with captions. 3.13.1.2 If remedial work is required beyond the scope of this Contract, it shall be paid for as AEW. 3.13.2 Contractor shall remove debris accumulated by high winds or other typical or non-typical environmental conditions. The contractor shall remove minor silt and debris from athletic fields, V- ditches, adjacent inverts, storm drains, etc. 3.13.3 During the periods that excessive rainfall hinders normal operations, the Contractor shall adjust its activities to perform functions such as litter and debris pick-up, remove downed limbs, clear drains and other duties as deemed necessary by the CR(s). 3.13.3.1 During periods of excessive rainfall, the Contractor shall keep all area drains and draining facilities clear and operating and remove water from all tot- lot areas, if directed. 3.13.4 Failure to adjust the workforce to show satisfactory progress, as determined by Contractor and CR(s)jointly, on the work may result in a deduction of payments. 3.14 Emergency Numbers and Emergency Call-Outs 3.14.1 Contractor shall supply the City with name(s) and phone number(s) of person(s) representing the Contractor for 24-hour emergency response, seven (7) days per week. 3.14.1.1 The City will, in turn, provide Contractor its emergency contact information so that in the event Contractor must contact the CR(s), this information can be utilized. 3.14.2 Contractor shall have the capability to receive and to immediately respond to calls of an emergency nature during normal working hours and during hours outside of normal working hours (See Section 2.3.1.k). Contractor shall be available via voicemail, text, phone, or answering service. The aforementioned information shall remain current at all City Council 16 — 338 7/7/2026 times. 3.14.2.1 Contractor shall respond by phone within 30 minutes of a call from the CR(s), and shall be on site within 30 minutes of the call back. Any changes to contact information shall be forwarded to the City in writing within 12 hours of any such change. 3.14.2.2 In situations involving emergencies after normal work hours, Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour. 3.14.2.3 Calls of an emergency nature received by the City shall be referred to Contractor for immediate disposition. 3.14.3 If emergency work is required, the Contractor shall notify the CR(s) by telephone before any emergency work is commenced. 3.14.4 Contractor's vehicle shall carry sufficient equipment to control traffic (barricades, delineators, cones, etc.). 3.14.5 When the Contractor arrives at the site, Contractor shall set up traffic warning and control devices and any other safety devices, if deemed necessary, and proceed with remedial action after contacting the CR(s). 3.14.7 Public health/safety matters requiring an emergency response include but are not limited to: any portion of the irrigation system functioning in a non-operational manner, broken water mains, stuck valves,the threat to private property resulting from Contractor's operations,fallen trees, down or hanging limbs, natural disasters, etc. 3.15 Contractor's Staff The contractor shall provide sufficient personnel to perform all work by the Specifications set forth herein and in Appendix A, B, C, and D. This is a performance-based Contract. 3.15.1 In its proposal, the Contractor shall define the minimum staffing. It is up to the Contractor to complete all tasks as defined, regardless of staffing, but they shall maintain at least the minimum staffing, as stated in their proposal, at all times. 3.15.2 In its proposal, the Contractor shall list the names of all employees, titles, hours and which location/area each employee is assigned. DIR reporting sheets will be used to verify staffing levels by area. 3.15.2.1 Each crew of Contractor's employees shall include at least one(1) individual who speaks and comprehends the English language at a professional level. 3.15.3 The City may, at any time, give Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City or public. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter, and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employee(s)will not be detrimental to the interest of the City or public. Examples of employee conduct or action that prove detrimental to the interest of the City of public include, but are not limited to: City Council 16 — 339 7/7/2026 • Unprofessional behavior • Misleading or false statements • Misrepresentation of work accomplishments • Illegal activities City Council 16 — 340 7/7/2026 3.15.4 Contract-designated staff employees shall not work on supplemental tasks (AEW) during regular work hours. If worked during regular hours, additional staff will be required, contracted work shall not experience any reduction in frequencies or quality. 3.15.5 Contractor shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and the public the name of the Contractor. The identification system shall be furnished at Contractor's expense and may include appropriate attire and name badges as specified by the City. 3.15.6 Contractor shall require each of its employees to adhere to basic standards of working attire, including full uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. 3.15.6.1 Employee pants, shirts, jackets, and sweatshirts must be uniform. Shirts, jackets, and caps used as uniforms shall bear Contractor's identification logo. 3.15.6.2 Shirts shall be worn at all times, and shall be buttoned and tucked-in. 3.15.6.3 No caps with insignias or designs other than Contractor's logo may be worn, and no caps shall be worn backwards. 3.15.6.4 The City shall approve Contractor's uniform prior to the start of the Contract. 3.15.7 The City expects Contractor's staff to turn into CR(s) all items that have been lost or misplaced by the general public, regardless of perceived value. Contractor shall communicate this expectation to all employees. All items must be returned to the Tree Farm (7600 E. Spring Street, 90815) and have an accompanying landscape area ID and date. 3.16 Work and Workmanship Contractor shall thoroughly complete each task in a professional and workmanlike manner, and shall use quality equipment and materials that comply with all current regulations to complete the scope of work at the proper standards. The safety of workers, passersby, and the public shall be paramount. Contractor shall not work or perform any operations, particularly during periods of inclement weather,which may destroy or damage ground cover, sports, or turf areas. During the periods when inclement weather hinders normal operations, Contractor shall adjust its work force and schedule. Contractor shall immediately notify the City when the work force has been removed from the job site due to inclement weather or other reasons. Supervision and Special Skills The contractor shall assign a supervisor for the north, south, Civic Center, and Zoo districts, as proposed in the labor summary,who will be authorized to act on behalf of the Contractor and whowillwork regular working hours for the duration of this Contract. He/she shall have at least five(5)years of experience in landscape maintenance supervision. The contractor,and Contractor's staff, must have horticultural expertise and a broad range of experience in plant care and maintenance, including California native and southwest-adapted plants, turf management, entomology, pest control, soils,fertilizers, plant identification, and irrigation system maintenance. The contractor's supervisor shall be capable of communicating effectively both in written and spoken English and have experience in park maintenance projects of the type found in the City of Santa Ana. All supervisors and acting supervisors shall be outfitted by Contractor with a portable personal communication device capable of transmitting and receiving phone calls from anywhere. The crew leader and/or supervisor needs to be available during working hours to meet the CR on any given issue at any service location. Should this individual change, the CR(s) must be notified in writing within five(5) days of the change. City Council 16 — 341 7/7/2026 3.17 Management and Enforcement 3.17.1 The contractor has the responsibility of providing fully trained and qualified personnel. The CR(s) at each site shall closely monitor the staff activity to detect operational irregularities and non-compliance with contractual requirements. 3.17.1.1 Enforcement is the responsibility of the Contractor, not the City. 3.17.1.2 All specifications shall be managed bythe Contractorto ensure the standards are being met. 3.17.2 It is Contractor's responsibility to see that the organization oversees all activities. Furthermore, the Contractor must ensure that standards are met and do not delay, ignore, or otherwise limit its contractual obligations. 3.17.3 Before initiating any task, each site shall be inspected by a knowledgeable and responsible employee of the Contractor, who shall determine the practicality of initiating the operation. Upon the Contractor's determination of the impracticality of initiating the operation, the City shall be consulted. The City's decision shall be final. 3.18 Contact with Minors The contractor providing services at any City location shall provide the City with a list of all persons over the age of eighteen (18)who will be working at such locations. State law provides that the Contractor shall fingerprint all such persons referred to herein and shall obtain criminal history information pursuant to California Penal Code 11105 or 13100 for each individual. Prior to the award of the Contract,Contractor shall provide written verification that all persons, as referred to herein, have not been convicted of any offense involving moral turpitude, nor any offense as specified in Penal Code 11105.3(g), nor any offense relating to the type of services to be performed as determined by the City. Contractor shall pay the costs incurred with the fingerprinting and obtaining the criminal history information. Any misrepresentations with respect to Contractor's obligations under this section or failure to comply with the requirements as stated herein shall constitute a breach of the contract thereby giving City the right to terminate the Contract immediately. Contractor shall indemnify the City for any such breach of this section. City Council 16 — 342 7/7/2026 SECTION 3 EXECUTION OF WORK 4.1 Subcontracting No performance of this Contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this Contract without said consent shall be null and void and shall constitute a default under this Contract. In the event of such a default, the City may immediately terminate this Contract. In the event the City should consent to assignment or subcontracting, each term and condition of this Contract shall extend to and be binding upon and inure to the benefit of the assigns, successors or administrators of the respective parties. In the event that the City should consent to subcontracting,the Contractor shall include in all subcontracts the following provision: "This Contract is a subcontract under the terms of a prime Contract with the City of Santa Ana. All provisions of that prime Contract shall apply to this subcontract." The Contractor shall indemnify, defend, and hold harmless the City and its employees from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees. 4.2 Contractor Hiring The City encourages Contractor to create new jobs for low or moderate-income persons and Santa Ana youth for its operations under this Contract. Contractor agrees that it shall use good faith efforts to create such new jobs. All qualification and hiring decisions will be made by Contractor. The contractor agrees that it will reasonably cooperate with the City through the City of Santa Ana's Training and Employment Development Officer and staff with respect to recruitment, screening and tracking of employees. In implementing these efforts, such Officer and staff will provide to Contractor, at no cost, pre-screening and pre- qualification of all potential job applicants. Such services include assisting with community outreach to recruit qualified job applicants and conducting pre-screening of all potential job applicants and conducting pre-screening sessions to determine the most qualified applicants for jobs. 4.3 Notice Requirements (for purposes of non-performance or otherwise) Notice shall be in writing, as a work order,and submitted via email to the Contractor and Director of PRM. Notice shall be given on the date shown on the email. Change of email address shall be given in the same manner as other notices. 4.4 Default by Contractor/Termination Notwithstanding and in addition to payment deductions for Contractor's deficient performance described within Section 2.3.1 (e) of the RFP, the City may terminate this Contract without liability for damages when, in the City's sole opinion, the Contractor is not diligently performing or otherwise not complying in good faith with the Contract,has become insolvent,has assigned or subcontracted any part of the work without the consent of the City, or has otherwise defaulted in the performance of the Contract,and has not otherwise cured such default after a period of ten (10) days' notice given by the City to do so. Suppose a default situation occurs as a result of the Contractor's non-performance and/or non-compliance to the specifications and requirements herein or any other work applicable under this Contract. In that case, Contractor City Council 16 — 343 7./7/2026 agrees that the City may withhold payment or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. If the City terminates the Contract, the City will give notice to that effect to the Surety and Surety shall, within five (5) business days of delivery of the notice, assume control and perform the work as successor to the Contractor, and shall be paid by the City for all work performed. If the Surety does not comply with such notice within said five(5) day period or, after starting to comply, fails to continue, the City may exclude the Surety and the Contractor from all City facilities and have the work completed by City employees, by another Contractor,or by a combination of such methods. All costs incidental to the default of the Contractor shall be charged to the Contractor and the Surety,and may be deducted from any monies due the Contractor. Surety shall pay,within fifteen(15)calendar days of receipt of an invoice, all such incidental costs less any amount deducted from monies due. 4.5 Temporary Suspension of Work The City Representative(s) (CR)shall have the authority to suspend work by the Contractor, wholly or in part for such period as necessary due to unsuitable work conditions, failure of Contractor to carry out directions, unsafe or hazardous conditions, or failure to perform in accordance with these provisions. The Contractor shall request permission of the CR(s), during City business hours,to temporarily suspend work wholly or in part for such period as necessary due to unsuitable, unsafe, or hazardous work conditions or failure of the City to notify the Contractor of changes in locks, security codes or access to facilities being cleaned. 4.6 Damage Caused by Contractor All damage to existing facilities caused by Contractor shall be repaired or replaced at Contractor's sole expense. All such repairs or replacements shall be completed within the time limits specified by the City below: a. Irrigation damage shall be repaired or replaced within one (1) watering cycle or 24 hours. b. All damage to shrubs, trees, turf or ground cover shall be repaired or replaced within five (5) working days. c. All damage to appurtenances shall be replaced within a period of 30 days. All repairs or replacements shall be completed in accordance with the following maintenance practices: a. Trees: All damage, including minor damage, such as bark lost from impact of mowing equipment or string trimmers, shall be subject to replacement with a tree comparable in species and size, as approved by the City, within 30 days. b. Shrubs/Ground Covers: All damage shall be subject to replacement with a shrub or plant comparable in species and size, as approved by the City, within 30 days. c. Appurtenances: All damage caused by Contractor to components of the facilities or grounds, including but not limited to benches, picnic tables, permanent chairs, irrigation heads, valves, valve boxes, controller boxes, concrete walks, railings, fencing, and gardens shall be corrected at Contractor's expense, within 30 days. 4.7 Non-Emergency Call:Outs Time and materials shall be charged for payment on a separate invoice and pre-approved by the City, (i.e. trash pickup generated by special functions)for those items outside of the normal scope of work. The time and material charges shall be in accordance with the submitted cost proposal. City Council 16 — 344 7/7/2026 4.8 Work Not Included Water and electrical billings, except in instances where excessive costs are incurred by the City due to water waste or negligence by Contractor, are not included in this Contract. If the Director of PRM, based upon all of the facts that may be gathered, determines that excessive water and/or utility costs have occurred due to Contractor's work, the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs. 4.9 Signs/ Improvements Contractor shall not post signs or advertising matter on City property unless prior written approval therefore is obtained from the City. City Council 16 — 345 7/7/2026 SECTION 4 ENVIRONMENTAL REQUIREMENTS 5.1 Environmental Requirements 5.1.1 Contractor shall ensure that all personnel whose responsibilities involve cleaning, waste disposal, or landscaping are trained in Best Management Practices, as set forth in the City's NPDES permit and Storm Water Management Plan. 5.1.2 In preparing its proposal, Contractor shall consider the following conditions pertaining to the completion of the specified maintenance tasks: a. Contractor must conduct all operations in accordance with the City's Storm Water Management Plan and State NPDES. b. Appurtenances must be cleaned by a method(s)which does not result in runoff going into any water body, gutter or storm drains. Only potable water may flow into any water body, gutter or storm drains. c. All wash water must be disposed of in a sanitary sewer. d. No litter, debris, oil, grease, green waste, or other materials and substances may be washed, swept, or blown into the street or storm drains. e. All liquids, including but not limited to, rinse water and cleaning agents, must be properly disposed of in compliance with all laws and regulations. No liquid or product of any kind may be discharged to a gutter, storm drain or paved surface where it could be carried to the storm drain system or to a water body. f. For washing operations, Contractor shall use (1) a high-pressure/low-volume sprayer using only potable water and no cleaning agents at an average use of.006 gallon of water per square feet of surface; or (2) a self-contained power scrubber, which recaptures all wastewater, cleansers, and debris. All wastewater recaptured by a self-contained power scrubber must be disposed of in a sanitary sewer approved by the City. 5.1.3 Contractor shall comply with the City's recycling efforts and program. a. Contractor is required to recycle green waste, keeping it separate from trash and other debris. 5.1.4 Contractor shall have an Integrated Pest Management policy/program in effect. 5.2 Refuse Disposal 5.2.1 Unless directed otherwise, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City City Council 16 — 346 7/7/2026 finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service 5.2.2 The City will provide the refuse bins and pay the costs of the disposal, however, the contractor shall dispose of all trash, litter, and debris collected (i.e. refuse) by Contractor in the performance of the daily maintenance tasks including refuse collection,green waste, debris, litter, trash, emptying of trash cans, and litter control. The refuse collected by the Contractor in the performance of these tasks shall be transported to a proper disposal site by the Contractor. 5.2.3 No trash, litter, debris, or green waste shall be permitted to be dumped from sites not on this contract, If the contractor is found to abuse the refuse bins, the contractor will assume the responsibility to dispose of and pay for all refuse costs for the remaining terms of the contract. 5.2.4 The contractor shall maintain logs or invoices showing Santa Ana address identifying its refuse collection and disposal activities and make those logs or invoices available to the City for inspection on reasonable notice. 5.2.5 The contractor will not be required to sort recyclable materials from trash and other refuse collected by the Contractor. Recyclable 'materials are the property of the City. 5.3 Hazardous Materials Use of any chemicals or hazardous materials by the Contractor in performing services shall be subject to approval of the City and shall be used in accordance with the manufacturer's directions and specifications. Contractor shall store and dispose of chemicals or hazardous materials in accordance with all laws, rules and regulations on the subject. Contractor shall defend, indemnify and hold harmless the City and its officials and its employees for all claims,demands,damage,causes of action,loss,liability,cost or expense relating to the Contractor's failure to comply with this section. 5.4 Sound/Noise Control Requirements Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, specifically Santa Ana Municipal Code 8.80 NOISE,that apply to any work performed pursuant to the Contract. 5A1 Each internal combustion engine used for any purpose for the work or related to the work shall be equipped with the type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated without such muffler. 5.4.2 The Santa Ana City Council is considering a ban on all fuel-powered leaf blowers. Contractor will not receive additional compensation should such a ban be implemented prior to or after the award of the Contract. 5.4.3 Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be paid. City Council 16 — 347 7/7/2026 SECTION 5 CHANGES TO THE CONTRACT 6.1 Cit,y's Right to do Work The City reserves the right to do work as required within the Contract Areas. If such work affects Contractor's work,the City will ask Contractor to submit costs incurred by Contractor as a result of the City's work. 6.2 Changes in Service 6.2.1 Special Events a. The areas contained in this Contract are frequently utilized for special events. Some of these special events (e.g., filming, carnivals, concerts, parades, etc.) will affect regular grounds maintenance operations for extended periods of time. In these instances, the City may request an alternative means of, or alternate schedules for, maintaining these areas. For example; mowing operations in some areas may not be possible due to a filming setup. In this instance, the City may request the Contractor to control the growth of weeds around the area in lieu of mowing, at no different or additional cost other than the amount proposed for mowing. b. Certain damage to turf, irrigation, and other landscaped areas may result from large special events, Contractor is not liable for the repair of such damage, but may be asked to perform said repair work as "Additional Work." Prior to each large special event, the Contractor and the CR will jointly assess the conditions of the designated sites to establish a benchmark for any needed "Additional Work." 6.2.2 Construction Activity & Maintenance Functions a. In the event that construction activity prevents, or limits, Contractor from performing certain maintenance operations, the City, at its discretion, may remove, temporarily or permanently, the affected areas, or maintenance functions, from the Contract and the Contract price shall be reduced pro rata. 6.3 Special Reauests Contractor may be requested by the City to perform special tasks that are not included in the normally scheduled work(i.e. citizen requests,coordination with utility locations, or special work orders relative to City functions). It is intended that the Specifications are indicative of the work to be anticipated by Contractor and will allow for reasonable additional work which is considered normal maintenance at no additional cost to the City in order to meet the objectives and criteria. 6.3.1 Soil and Plant Testing Upon request, Contractor shall perform soil or plant testing of selected areas for soil fertility, salt build-up, pathological organisms, percolation tests, etc. Contractor may be required to pay costs of tests if negative results are related to incorrect maintenance practices. These tests will be used to determine whether additional treatments are required. Tests will be requested by the CR(s). Payment shall be in accordance with Unit Work Costs in the cost proposal. City Council 16 — 348 7/7/2026 SECTION 6 CONTRACT ENFORCEMENT AND EVALUATION 7.1 Contract Enforcement 7.1.1 The contractor or its authorized representative shall meet on the site, as needed, at the discretion and convenience of the City, with a CR to do a site inspection as it relates to determining compliance with the Contract Specifications, site challenges, and/or developing a scope of work. All scheduled and periodic maintenance functions shall have a current status and completion date prior to this meeting and be documented on the electronic monitoring and work order system. Contractor's representative must be authorized to sign documents and make changes to the work. 7.1.2 The City reserves the right to perform inspections at any time to monitor performance. The contractor shall cooperate with the City, State, and Federal representatives) in the review and monitoring of the Contractor's performance, records and procedures (see Section 7.2). 7.1.3 At the request of the City, the Contractor or its appropriate representative shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract, and description of City policies and procedures. 7.1.4 In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action. 7.2 Performance Evaluation 7.2.1 City staff shall perform site inspections each day at undisclosed times and at various service areas to determine if scheduled tasks are performed as specified. 7.2.2 If the CR determines that any required services are deficiently performed, incompletely performed, or not performed at the appropriate time as specified by the City, the City will give notice to the Contractor via work order or email to correct the deficiency, complete the performance, or perform within a time stated in the notice. If Contractor fails to correct deficiencies within that time, the City may: (a) deduct $300 from Contractor's payment a sum attributable to the deficiency, or (b) upon giving five (5)days' notice to the Contractor for failure to correct the deficiencies, City may correct the deficiencies. The costs incurred by completion of the work by an alternate source, whether it be City forces or another contractor, will be deducted from the payment to the Contractor from the City, as determined by the City. 7.2.3 A sum of $300.00 will be deducted from the base payment amount for each deficiency per occurrence. 7.2.4 City staff will perform these site inspections utilizing the City's contract performance management system on-site with portable electronic devices with a data connection. These devices allow for performance deficiencies to be documented immediately while completing, which will send a notification immediately to the Contractor. City Council 16 — 349 7/7/2026 CITY OF SANTA ANA 7.2.5 The action above shall not be construed as a penalty, but as an adjustment of payment to the Contractor to recover a portion of City costs due to the failure of the Contractor to complete or comply with the provisions of this Contract. City Council 16 — 350 7/7/2026 EXHIBIT B VARIOUS CITY SITE MAPS City Council 16 — 351 7/7/2026 Q y a o > U E m;i s o E E m Y S P p d C o c LL y N y, V CO N w t7 � � 2 m � m C7 N v N LL • 1L 0Q Q0 a o Q d `'A iFXr • C k All Or I Al r `` ` _ie- 9 t y° h I� K- -i i i - i rc I�. a z, .:•r,<, - Clt 26 C V U CD D Q a 7 O r � -E O U U Y 7 E o w d R cn Eo U c U) `O v O. LL LL0000 m L. C! O m a ay� ; f I r 2 Z - W -: cit4 C.'nijnrol 16 - 353 71712d26 U) ctl r _ to .p 7 v r- C ct y E � f0 U U N c 2V N O al ,a O N y N [6 - T +.+ U w CA U) d N d �+ U } m rU-. m ii H C7 t O LL 0000 L) 1R 1. 1 M • e �t f !1 F .a. 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Ci�V Council 16 - 408 7171226 cu N N -c Q Y 7 'Q = r V m co d °' -a c a c > ii 0 v € rn a Y m H c7 LL .N � a a00 ® o 2 ot Cit Co n i I C — Anns 6 a 0 o m U Y_ (0 � a — o d f° LL U N c9 o a L i f•r: ..:Y dL Y L• 0 t ' fr1 f WL Ci Council 16 — 410 7/7/ . 26 v z N c Z N 7 tf C Q c a) U j 'C o CD LL o C w v O CO (D D u 'N E p — U U Y Ile ° a�'i o GI $°' a N m` m p m o d coc N w L) c c Ul o a U .2 m m LL t7 CO u O • LL 04 �. 94 w ?P�-,� olt ;lal51tl1T F �eJ Citi cQuncil IC - 26 Y coa " aED 3 o C m Y m Y a c V 01 d co (n G d U` O v G1 C7 LL ® ® o Ems ' i� ,0 v- - n- T T citolgoilrobalL 12' 26 y a) N 0 C i _ 7 0 7 = co) D U m CQ E —U E E io o m Y o G7 > > o `m �) _ E o o a� � a Im L n c m N o aNi U U mm E U) o a O af ��— > C7 Q7 LL • -L 0 a ® aao m o } t -, Aw pr IWO IA 1116, MIZ 1 r 7 rp "f . '•.r�J��� ma's."' r :.�3` d - -t� ■. JAG/ _ �-�.#■ 6 ° '�'�, ■WARR -£ f Cit�- Council 16 - 413 7.1 26 E 2 ` op rn in v C > > c AD ° o0 m m 7 � N N j EO Y N L E (D 'o o ca m a m (A p pco m . 0 LL 0 U) p y a C7 d lam-. LL C7 'n �i m 1i0 D 0 OQ ® o V1 L; . R i; �r a. t:= f r J i- CAI - 26 N ca N u�i -a fII o O Q Y c CO� N N m o m cv d v aU EL cu fL C^IIcC L M , I •fit =.�,,:_ �.._ �. _�.�: �' j'� ._ ►'� � 1 Cit4 Councol I C Tl 163 - 41h 71712d26 a 2 LL Q U CD U ` m o u c CL m o d coo `m v L E rn v a 0 a+ = a aLL U m Y m i a° c7 LO LL • LL ® aQaa0000 ® o �E 1 71 AlL i Q'' V ■ if G r.: 333111 , Ci 16 - 416 7/7/2 26 U � N N 2 N � N `m E LL = o v Y a ° x E 0 o a a m o n a O U 7 E Y N LL om 3 V C En to � Of .« m J r H C� N LL 00 a in -.-__ =4-1 N ` Citi Council - 26 ^ � o ca a� m ;. 'o C m m R x LO C fn a L �. CD N ll o CO LL a. l ' J a k. Q., Ci Council 16 — 418 7/7/2 26 m a C Y -mo N R cm va m c cu a w ` a F- c o LL CL aU O c 1 r ALIA. 1 �. r We '1 ■ ` 45 Er ,t jr lb ram wmr ., y! �' Cit Council 16 — 419 71 26 �Z 1 �� ,fir. �• ..'.. � �+3 i i yw - 1• i 1! �. ,.. •.�' f�� � v7, Wit.• It c co 0 o Y mcis ` Y o lC CO a a d C7 N m tJ a � N ^ iJ' h . _ x :4 \t\ y 1 f, 1� i7 Cit Council 6 T U c 2 C a=+ _� m O F- (U Y m C 7 a C L d O Y L 7 � C3 CA Ol� Li n n o in a r� MONOY.. !r' �.wt.�. —._art ..• �u ,A 41 o t r L _ Ci Council 16 — 422 7/7/2 26 T cu c Y 0 ` m a fQ Y C � m C U) a R CD n 13 M P R ® v C U- M LL � o N Eli- New Cit Council 26 i r � d r O C`3i E CL U m N - 0 3 0 m d a p w a d co LL y 0 .5 .2 .200 LL 00 13 at ti Of -71 ja A. • - ;y� t +:�• �' �2�i.,;�,1. ,�.1 �,��.-'ram,i g`� .• - _ � � �f 1 ,o� �� s� +14�` �'. J�� � gee• --- +r •ti 1� ram. v5 L � _ .a�j.Z.,�' �Z� -..�_ L � _ sb. 1- i {. n4 � Sii '',�. •;'�, it.� 7 ��� t_, i '+�- 4. - r h Cit Council 16 — 424 7/7/2 26 _� 2 rz 6! [aC'V U) U =co ; C N c0 E -Q iz Y V) O E 4w v o o N a ') E c c n N ii Q �+ U U (9 d Of LL C7 LL 0 000 Q 0 m o IP aiF M a r r r r Ron— �r f t i f . Cit Council ! 26 m m C II1 _0 19 R w O C m y m Y � a r n Lo v U 1 ! `�' LL C a. 'v o lali d a. Rs x 1' ,f INTO J C 77, Cit Council 16 — 426 7/7/2 26 N U v N m N V r u _ 'E O E LL o - m u� a ° 2 E O o w n m o N a O jn E, w LL N 3 V c Ul O1 co _ d OW m J r F� CD N LL ram+ 0000a 0100 m01 to rim,aI :, ' S ' i, .. ��r 1 - a ,a. � 1 ;; +. ! M ;l I f " Cif -•.�_�� {� �( L� f'77-. - - -- Cit unci = R• "� 26 • a. ca Z as*Ot �'• R - s "fir.,.g�}'t ,fa e. h t ae .h Ih.•r' S f F �yy �t. fv•I�4 :;a •.,I, -•�;►��.7�i it r� Council • 428 I► • a c6. Y o � m ca M c a � m [n oN RCD C n Z ® o v C LL, LL R U o CO� 2 Ar— Pp rim, k� s y AAA., Cit Council p — 26 N N N LL 6 Q N O m U En m tLO a C O 3 -p a Y O` d mEM d a ii aEn Y a U C7 r ,i :. O d E t0 O • Q 01 m 16 .:cs '�3t •�'9 :a '•1. AIF FIN LU r �R I �I, 4 �� _- - Cit Council 16 — 430 7/7/2 26 N C O 7 C Q _ LL 0 "0 7 LL n m 0 U 0 U m u E m U m Y o 00 N n a p En do `m EL (n N LL 0 U N V C U) (0 R ++ LL • LA. �� aDD00 mo rit sold, ` jam '►6 1 yQ. - J if is•}.� ter{ r Cit - 431 71719 26 M O v U � Nj iz C Q a7 TEn (D O L C0 m O 3 d O` d C a Q� � u. 3 U m c C a m c� ,? Y e+ 3 i a 0 JK 4. 4 Jam- � � •� �-�. ` v Ci Council 16 — 432 7/7/2 26 U N C Cn 7 C LL — V � V 0 5 0 m _ v @ Y a 2 m U U N O N fl U � Y fi w ,y fn cD « ca c7 v LL • � �� aQ aa0 0 mo r F R f i • _ � c i 6 z iy Citi Council — 26 a � o = m G) Y U Y o 'a R 0 N U d � U U c COO N c� � CDo m w � LL d •V Q .L- w z �V' 1 IN �—� .�•�...�.� �,kr- •r- F :mac,: ..._..,..1, 10 07 KA PE T' 0Ln - ' aa Citj Council 16 — 434 r -3y - --— . 7/712 26 N m m U N = a c o o IL a E N 9 $ N m R o ` E ❑ m O o rn y a a ++ E E c 15 — E�° m u ro a p a T U U U d m N .V m V m LL _ LL E. ® LL l00 Q Q 0000 _® O _ !F--lsv T L c a i 2 F. {' _ 0 JF L r. Cit Council 16 —A 3 5 7/7/ 26 _ m v � 7 U3 m a U '� 70 m 0 ` o v 0 3 c 7 m L o e m O y a U LL � LL 0uaU0 o a t 1x p a t LIlk. r CS - --p�Mi �qZi -u T s � rA � ] r 40 ter- Cit Council' ' 16 436 MW 7/7/2 26 m t Jttl DT _ Eiv S1 nUl9 I � o 0 m we ECh r CA) mE UY a SI D qt SI E 8�+'tnp 1 N E GranF SI Wdkehalll Avd E Naslene PI O '^.� eereM P1 O mNon d 1,PI NdlvoIX]PI E M.F. an Ave N p ; 0 n a y r <00-1 SI N e Cl—.m n Q _N EH a O Y N G S N ' CH, Ava EDINGE E Stdnfor Iola St CO - o _ D m � w Pi E SI AtKFIcw F i a — N — City Council 16 — 437 7/7/2026 'Aye M AVE E Stanrd nrota St 4 m O V ■ pp; 00 -n N �t 0 0 w PI E St AryjrMv f m C . NMeP E N r Y y q PI a) WARNER AVE. � n O IT Z IT 3 m � m E Cemf Ave m - EAd.—Sl D � N O � GeaV Av' a Heml k M.y W Herrj G Wuy W Se9erst—Ave 8 mPR R WDye,Rd EDyer Rd a 00000 v g m N N A a R E 3 e y o Taryre d r..nm+YM Ave WAXon Ave WMUn Ave I dvP a Hac Artlw W AaOn Ave D.".'M ' 3 u FumlNnNttN N -. Card Ave S5Q o S2 •W Axon v 4ra 0� � is 5 g w 02011 Gooak-NesiNte' City Council 16 — 438 7/7/2026 ca .: co .' c: ' LM1 . 1111 (4, h - •1 1 � i " S d � � i j e�rc• �g a+ �� �. = i rd M, 1. 0 3` Council • • 71712d26 d 5 m 2 f0o c a N C: � m° m m FCL- 7 G� v a o •� L LL L LL0 cn 0 a o c j 114 a i a - FN 4 f Cit Council 16 — 440 7/7/2 26 EXHIBIT C PRICING PROPOSALS/RATES City Council 16 — 441 7/7/2026 ADDENDUM 2-EXHIBIT I ATTACHMENT A-2 REVISED PROPOSAL PRICING DISTRICT 1 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage* Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents Cesar Chavez/Campesino 7 $ 12,824.43 $ 153,893.16 1.84 Edna 2 $ 3,664.12 $ 43,969.47 0.53 El Salvador 9 $ 16,488.55 $ 197,862.63 2.36 King St.Park* TBD $ 1,832.06 $ 21,984.74 0.26 Memory Lane 0.6 $ 10,992.37 $ 131,908.42 1.58 Riverview 8 $ 14,656.49 $ 175,877.90 2.1 Rosita 8 $ 14,656.49 $ 175,877.90 2.1 Other(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC. Acreage* 171h St.&Santa Ana River Triangle 0.69 $ 1,264.12 $ 15,169.47 0.18 Fairview Triangle 0.73 $ 1,337.40 $ 16,048.86 0.19 Annual Total $ 77,716.04 $ 932,592.55 11.14 *Future Park DISTRICT 1:SANTA ANA LIBRARY Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage* Monthly Rate Yearly Rate Equivalents ETC. New Hope Libray 0.56 $ 1,025.95 $ 12,311.45 0.15 Annual Total $ 1,025.95 $ 12,311.45 0.15 DISTRICT 2 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT MATERIALS TRIP CHARGE DUMPING ETC.) Equivalents 1Dth and Flower Park* 1.7 $ 2,450.84 $ 29,410.13 0.35 Angels Community 1.7 $ 2,450.84 $ 29,410.13 0.35 Birch 2.4 $ 3,460.01 $ 41,520.18 0.5 Cabrillo 7.3 $ 10,524.21 $ 126,290.54 1.51 Cabrillo Tennis Center 7.6 $ 10,956.71 $ 131,480.56 1.57 Cheppa's 0.4 $ 576.67 $ 6,920.03 0.08 Eldridge 1.2 $ 1,730.01 $ 20,760.09 0.25 Fisher 1.5 $ 2,162.51 $ 25,950.11 0.31 French 0.2 $ 288.33 $ 3,460.01 0.04 Garfield 0.1 $ 144.17 $ 1,730.01 0.02 Mabury 5.5 $ 7,929.20 $ 95,150.41 1,14 Mariposa 0.5 $ 720.84 $ 8,650.04 0.1 Morrison 5.9 $ 8,S05.87 $ 102,070.44 1.22 Portola 9.1 $ 13,119.22 $ 157,430.67 1.88 Saddleback View 0.9 $ 1,297.51 $ 15,570.07 0.19 Santiago(including bike trail) 26 $ 37,483.49 $ 449,801.92 5.37 Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) 602 N.Garfield Street 0.2 $ 288.33 $ 3,460.01 0.04 Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage ETC. Garfield Community Center 0.2 $ 288.33 $ 3,460.01 0.04 Plaza Calle Cuatro 0.2 $ 288.33 $ 3,460.01 0.04 Sarah Mae Downie Herb Garden 0.1 $ 144.17 $ 1,730.01 0.02 Santa Ana Stadium 6.9 $ 9,947.54 $ 119,370.51 1.43 Willard Playground 0.2 $ 288.33 $ 3,460.01 0.04 Annual Total $ 115,045.49 $ 1,380,545.89 16.49 City Council 16 - 442 7/7/2026 *Future Park DISTRICT 2:COMMUNITY DEVELOPMENT AGENCY Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate Equivalents ETC. 2nd St from Broadway to Sycamore 0.1 $ 144.17 $ 1,730.01 0.02 4th St.from Ross to French 0.5 $ 720.84 $ 8,650.04 0.1 Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage Monthly Rate Yearly Rate NE corner of 3rd St.and Bush St. 0.8 $ 1,153.34 $ 13,840.06 0.17 312 N.Bush Street 0.1 $ 144.17 $ 1,730.01 0.02 Annual Total $ 2,162.511$ 25,950.111 0.31 DISTRICT 3 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage* Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC.) Equivalents Bristol/Tolliver Park* 1.1 $ 1,648.96 $ 19,787.51 0.24 Somo Koral 11 $ 16,489.59 $ 197,875.13 2.36 Delhi 10.4 1,$ 15,590.16 $ 187,081.94 2.23 Lillie King 9.6 $ 14,390.92 $ 172,691.02 2.06 Madison 6 $ 8,994.32 $ 107,931.89 1,29 Memorial 15.5 $ 23,235.34 $ 278,824.05 3.33 Maple Occidental Exercise Park 0.43 $ 644.59 $ 7,735.12 0.09 Pacific Electric 1.4 $ 2,098.68 $ 25,184.11 0.30 Sandpointe(including paseos) 7.7 $ 11,542.72 $ 138,512.59 1.65 Segerstrom 1.2 $ 1,798.86 $ 21,586.38 0.26 Standard and McFadden Park 0.64 $ 959.39 $ 11,512.73 0.14 Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate ETC. Flower Trail(Flower/Warnerto Flower/Sunflower) 1.5 $ 2,248.58 $ 26,982.97 0.32 Pacific Electric Trail(Chestnut/Maple to Alton/Bristol) 3.5 $ 5,246.69 $ 62,960.27 0.75 Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage Monthly Rate Yearly Rate 300 S.Main Street 0.4 $ 599.62 $ 7,195.46 0.09 1022 S.Main Street 0.1 $ 149.91 $ 1,798.86 0.02 Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate ETC. Roosevelt/Walker Comm.Center 1.3 $ 1,948.77 $ 23,385.24 0.28 Unused Property(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate ETC. 625 S.Cypress-Cypress Fire Station 0.17 $ 254.84 $ 3,058.07 0.04 Annual Total $ 107,841.95 $ 1,294,103.35 15.46 *Future Park DISTRICT 3:COMMUNITY DEVELOPMENT AGENCY Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate Equivalents ETC.) Carnagie Homeless Shelter TBD $ 1,499.05 $ 17,988.65 0.21 Parking Lots(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage NE corner of 3rd St.and Bush St. 0.8 N/A N/A N/A 312 N.Bush Street 0.1 N/A N/A N/A Annual Total $ 1,499.051$ 17,988.651 0.21 DISTRICT 4 City Council 16 - 443 7/7/2026 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC. Equivalents 1st/Mountain View Park* 1.7 $ 1,489.07 $ 17,868.79 0.21 Adams 7 $ 6,131.45 $ 73,577.38 0.88 Centennial 87 $ 76,205.14 $ 914,461.67 10.92 Ed Caruther's Park* 1.1 $ 963.51 $ 11,562.16 0.14 Friendship 0.1 $ 87.59 $ 1,051.11 0.01 Heritage 8 $ 7,007.37 $ 84,088.43 1.00 Jerome 14 $ 12,262.90 $ 147,154.75 1.76 Santa Anita 5 $ 4,379.61 $ 52,555.27 0.63 Thornton 35 $ 30,657.24 $ 367,886.88 4.39 Windsor 12 $ 10,511.05 $ 126,132.64 1.51 Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Linear Miles Monthly Rate Yearly Rate Equivalents ETC. Bear Street(Segertrom Ave.to MacArthur Blvd.) 0.49 $ 429.20 $ 5,150.42 0.06 Greenville Street(North of Hall Ave.to Segerstrom Ave.) 0.38 $ 332.85 $ 3,994.20 0.05 Jerome(Monte Vista Ave to McFadden Ave) 0.25 $ 218.98 $ 2,627.76 0.03 MacArthur Blvd(Santa Ana River Trail to MacArthur Blvd) 0.06 $ 52.56 $ 630.66 0.01 St. Andrew Pl./St.Gertrude PI. 0.18 $ 157.67 $ 1,891.99 0.02 Raitt Street(Segertrom Ave.to Alton Ave.) 0.25 $ 218.98 $ 2,627.76 0.03 Other(MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT. MATERIALS TRIP CHARGE DUMPING ETC.) Acreage McFadden Triangle 0.94 $ 823.37 $ 9,880.39 0.12 Annual Total $ 151,928.52 $ 1,823,142.25 21.78 *Future Park DISTRICT 4:SANTA ANA POLICE DEPARTMENT Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage* Monthly Rate Yearly Rate Equivalents ETC. Santa Ana PAAL Center 0.52 $ 455.48 $ 5,465.75 0.07 Annual Total $ 455.48 $ 5,465.75 0.07 CIVIC CENTER CIVIC CENTER (MUST BE FULLY LOADED AND INCLUDE Full Time LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING, Acreage Monthly Rate Yearly Rate Equivalents ETC. $ 93,547.00 $ 1,122,564.00 13.41 Annual Total $ 93,547.00 $ 1,122,564.00 13.41 SANTA ANA ZOO ZOO (MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC.) Equivalents 20 $ 59,175.00 $ 710,100.00 8.48 Annual Total $ 59,175.00 1 $ 710,100.00 8.48 City Council 16 - 444 7/7/2026 NOTICE OF COMPLIANCE CITI ST V F: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Mariposa Landscapes Inc. Name: Project TBD (1) Number: Project Ground Maintenance Services Name: The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: TYPE OF INSURANCE POLICY EXPIRATION COI DATE FILE NUMBER DATE NAME AUTOMOBILE LIABILITY 6069499 04/01/2024 02/09/2024 City of Santa Ana.pdf GENERAL LIABILITY 6069499 04/01/2024 02/09/2024 City of Santa Ana.pdf PROFESSIONAL LIABILITY DCP7NAB8JV8003 04/01/2024 02/08/2024 City of Santa Ana Poll.pdf WORKERS COMPENSATION AND 23DWS12057 04/01/2024 03/23/2023 City of Santa EMPLOYERS'LIABILITY Ana WC.pdf No further action is required at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/13/2024 11:24 AM City Council 16 — 445 7/7/2026 a DATE(MM/DD/YYYY) AC"RL7 CERTIFICATE OF LIABILITY INSURANCE 02/19/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). WNIAUI PRODUCER NAME: CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY PHONE FAX HOME OFFICE: P.O. BOX 328 (A/C,No,Ext):888-333-4949 (A/C,No):507-446-4664 OWATONNA, MN 55060 E-MAIL ADDRESS:CLIENTCONTACTCENTER@FEDINS.COM INSURERS AFFORDING COVERAGE NAIC# INSURERA:FEDERATED SERVICE INSURANCE COMPANY 28304 INSURED INSURER B: MARIPOSA LANDSCAPES INC INSURER C: 6232 SANTOS DIAZ ST IRWINDALE,CA 91702-3267 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:572 REVISION NUMBER:0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MMIDDIYYYY MMIDDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES $100��� (Ea occurrence) MED EXP(Any one person) EXCLUDED A Y Y 6069499 04/01/2026 04/01/2027 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY �JPRO_ ❑ OTHER: L�� LOC PRODUCTS&COMPIOP ACC $2,000,000 hN� AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANYAUTO BODILY INJURY(Per Person) A OWNED AUTOS ONLY SCHEDULED Y Y 6069499 04/01/2026 04/01/2027 BODILY INJURY(Per Accident) AUTOS HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Per Accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $10,000,000 A EXCESSLIAB CLAIMS-MADE N N 6069500 04/01/2026 04/01/2027 AGGREGATE $10,000,000 DED I RETENTION WORKERS COMPENSATION PER STATUTE OTHER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERI EXECUTIVE E.L EACH ACCIDENT OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) E.L DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT BUSINESS ERRORSIOMISSIONS N N 6091613 04/01/2026 04/01/2027 PER CLAIM $1,000,000 AAGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) SEE ATTACHED PAGE APPROVED By Tu Tran Nguyen at 2:21 pm,Apr 16,2026 CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA ATTN: PUBLIC WORKS AGENCY 572 0 PARKS, FLEET &FACILITIES SERVICES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 20 CIVIC CENTER PLZ##M-11 BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SANTA ANA,CA 92701-4058 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �7 City Council 16 — 446 © 1988-2015 ACORD CORPORATG ZI �hts reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 74/16/2026 (MM/DD/YYYY) ° CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Venbrook Insurance Services Venbrook Insurance Services PHONE FAX 6320 Canoga Avenue, 12th Floor -MALo Ext: 818 598 8900 A/C,No: 818 598-8910 Woodland Hills, CA 91367 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# www.venbrook.com CA Lic No.OD80832 INSURERA: Berkley National Insurance Company 38911 INSURED INSURERB: StarStone Specialty Insurance Company 44776 Mariposa Landsca}nes, Inc. 6232 Santos Diaz Jt. INSURERC: Irwindale CA 91702 INSURERD: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 90206438 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MWDD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMACLAIMS-MADE OCCUR PREMISES TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED FIR ER DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION JWC 9800084-11 4/1/2026 4/1/2027 �/ STATUTE OERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/MEMBER EXCLUDED? FY—] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Pollution/Professional Liability CTR01126067P-00 4/1/2026 4/1/2027 $5,000,000/$5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:All Operations of the Named Insured Waiver of Subrogation applies to Workers Compensation and Professional Liability in favor City of Santa Ana,its City Council,officers,officials,employees,agents,and volunteers. *10 Days Notice of Cancellation for Non-Payment of Premium,30 Days All Others. APPROVED By Tu Tran Nguyen at 2:22 pm,Apr 16,2026 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attention: Public Works Agency ACCORDANCE WITH THE POLICY PROVISIONS. Parks, Fleet, & Facilities Services 20 Civic Center Plaza M-11 Santa An CA 92701 AUTHORIZED REPRESENTATIVE [ti Windy West ^77 reserved. ACORD 25 R�)6/�puncil The ACORD name and logo are reji§tere�Tiiarks of ACORD 7�7�2� 6 90206438 1 26-27 WC/POLL - ML I Isabella Saldivar 1 4/16/2026 10:59:50 AM (PDT) I Page 1 of 3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 04 84 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization for which you have agreed to waive your rights of recovery in a written contract, provided such contract was executed prior to the date of loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy) Endorsement Effective 04/01/2026 Policy No. JWC 9800084-11 Endorsement No. Insured Mariposa Landscapes, Inc. Premium Insurance Company: Countersigned Berkley National Insurance Company by WC 04 03 06 04 84 1998 by the Workers'Compensation Insurance Rating Bureau of California. Page 1 of 1 Ali rignts reservecl. From e s orn or ers ompensa ion City Council Insurance Forms ua 1. 7/7/2026 90206438 126-27 WC/POLL - ML I Isabella Saldivar 14/16/2026 10:59:50 AM (PDT) I Page 2 of 3 Mariposa Landscapes, Inc. StarStone Specialty Insurance Company CTR01126067P-00 04/01/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION SCHEDULE This endorsement modifies insurance provided under the following: COREPRO CONTRACTORS PROFESSIONAL LIABILITY INSURANCE Waiver Of Subrogation Schedule (The Insurer hereby waives any right of subrogation it may have against any person or organization for whom the Named Insured's providing Contracting Services or Professional Services, but only where the Named Insured has agreed in a written contract or agreement executed prior to the Wrongful Act or Pollution Incident to waive such rights, and only to the extent permitted by law.) ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS SHALL REMAIN THE SAME. SSS-CONPRO-END-CW-0023 01 25 Page 1 of 1 City Council 16 — 449 7/7/2026 90206438 1 26-27 WC/POLL - ML I Isabella Saldivar 1 4/16/2026 10:59:50 AM (PDT) I Page 3 of 3 AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY MARIPOSA LANDSCAPES INC 6232 SANTOS DIAZ ST POLICY NUMBER IRWINDALE,CA 91702-3267 SEE CERTIFICATE#572.0 CARRIER NAIC CODE EFFECTIVE DATE:SEE CERTIFICATE#572.0 SEE CERTIFICATE#572.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE PROJECT NAME: CITY OF SANTA ANA LANDSCAPE MAINTENANCE SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY ADDITIONAL INSUREDS ALSO INCLUDE: CITY OF SANTA ANA , ITS CITY COUNCIL, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY WAIVER OF SUBROGATION ALSO INCLUDES: CITY OF SANTA ANA, ITS CITY COUNCIL, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS COMMERCIAL GENERAL LIABILITY INCLUDES THE SEPARATION OF INSUREDS CONDITION WHICH STATES: "EXCEPT WITH RESPECT TO THE LIMITS OF INSURANCE, AND ANY RIGHTS OR DUTIES SPECIFICALLY ASSIGNED IN THIS COVERAGE PART TO THE FIRST NAMED INSURED, THIS INSURANCE APPLIES AS IF EACH NAMED INSURED WERE THE ONLY NAMED INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR "SUIT" IS BROUGHT. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) ENDORSEMENT. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE SUBJECT TO THE CONDITIONS OF THE PRIMARY AND NONCONTRIBUTORY CLAUSE- OTHER INSURANCE CONDITION. INSURANCE PROVIDED BY THE BUSINESS AUTO LIABILITY IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE SUBJECT TO THE CONDITIONS OF THE PRIMARY AND NONCONTRIBUTORY CLAUSE- OTHER INSURANCE CONDITION. GENERAL LIABILITY CONTAINS A WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC ENDORSEMENT BUSINESS AUTO LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT. FOR NON-PAYMENT OF PREMIUM, 10 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATE HOLDER IN THE EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. FOR REASONS OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATE HOLDER IN THE EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. ACORD 10'Q"ijunCll 16 — 450 © 2008 ACORD CORPORATI-Of MI2106s reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance - Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under an "insured" under your policy provided that: such other insurance; and 1. Such "insured" is a Named Insured under 2• You have agreed in writing in a contract or such other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such"insured". primary and would not seek contribution from any other insurance available to such "insured". City Council © Insurance Services 0f$&-,-Ir4z5 j2016 7/71�2N6 of 1 CA 04 49 11 16 Policy Number: 6069499 Transaction Effective Date: 04/01/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include: Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily injury or property damage "auto" liability insurance arising out of operation of a covered "auto" with your permission. However, this additional insurance does not apply to: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. B. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D. Additional exclusions. The insurance afforded to any person or organization as an insured under this endorsement does not apply: 1. To "loss" which occurs prior to the date of your contract with such person or organization; 2. To "loss" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3. To "loss" for any leased or rented "auto" when the lessor or his or her agent takes possession of the leased or rented "auto" or the policy period ends, whichever occurs first. City COun8f u es copyrighted material ot Insurance 89%iceaelice, Inc. with its permission. 7/7/2026 CA-F-127 (03-03) Policy Number: 6069499 Transaction Effective Date: 04/01/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. In the event of any payment for a loss under this Business Auto Coverage Part arising out of your ongoing operations, we agree to waive our rights under the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition against any person or organization, its subsidiaries, directors, agents or employees, for which you have agreed by written contract, prior to the occurrence of any loss, to waive such rights, except when the payment results from the sole negligence of that person or organization, its subsidiaries, directors, agents or employees. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-Fdfg Policy Number: 6069499 16 - 4TS.Bnsaction Effective Date: 04/0117)7t026 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract Condition and supersedes any provision to the or agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (rl Inciir�nro Corviroc (lffiro Inr onip 77 Lpaa�gp 1 of 1 CG �01 1 N1C11 Policy Number: 6069499 16 - 454 Transaction Effective Dat�.-UzFr -1 026 COMMERCIAL GENERAL LIABILITY CG24531219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. (rl Inciir D- 1 of 1 CG f41b6(IWCll Policy Number: 6069499 16 — 455 Transaction Effective D07M7T)`&H THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Santa Ana Public Works Agency Parks, Fleet & Facilities Services 20 Civic Center Piz## M-11 Santa Ana, CA 92701 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. Job or, Project: Any coverage provided by this endorsement applies only to landscape work completed by the named insured for the City of Santa Ana. Additional Insureds also includes: City of Santa Ana , its City Council, its officers, officials, employees, agents, and volunteers. Insured: Mariposa Landscapes Inc 6232 Santos Diaz St Irwindale, CA 91702-3267 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG (CG 9tY6Q f J i1 16 - 456 7/7/2026 Federated Service Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED AMENDMENT OF CANCELLATION PROVISIONS All Coverage Parts included in this policy are subject to the following conditions: If we cancel this policy, we will mail advance notice to the person(s) or organization(s) as shown in the Schedule. SCHEDULE Name and Address of Person(s) Or Organization(s): City of Santa Ana Attn: Public Works Agency Parks, Fleet & Facilities Services 20 Civic Center Piz## M-11 Santa Ana, CA 92701 Number of days advance notice for any reason other than non-payment of premium: 3 0 Number of days advanced notice for non-payment of premium: See Common Policy Conditions Insured: Mariposa Landscapes Inc 6232 Santos Diaz St Irwindale, CA 91702-3267 Inrhirlas rnpyrinhtarl matarial of Insiiranra ';PrVIrP- Offira Inr xniith its narmissinn IL-F-q% nCll Policy Number: 6069499 16 - 457 Transaction Effective Date:Z47/6?pL??6 Exhibit 4 INSURANCE ON FILE A-2024-007-04 WORK MAY PROCEED UNTIL INSURANCE EXPIRES 4 ' CITY CLW� 17 2024 DATE: AGREEMENT WITH PACIFIC COAST HORTICULTURISTS TO PROVIDE GROUND MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between PCA Arborists & Consultants Inc., a California corporation, dba Pacific Coast Horticulturists ("Contractor"), 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 Ce, o A. On October 20, 2023 the City issued Request for Proposal No. 23-151 ("RFP"), by which it sought Contractors to provide grounds maintenance services to City parks, bike trails, open spaces, and parking lots with assignment of the varied City districts to be assigned to the selected Contractors. A. Contractor submitted a responsive proposal that was amongst one of the four(4) vendors selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in the RFP. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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 Contractor 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 Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference for the Santa Ana Zoo. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. The total aggregate sum for services, provided by all four (4) Contractors selected under RFP 23-151, shall not exceed $35,737,920 for the entire term of this Agreement, including any extension periods exercised by the parties,as detailed below. The annual aggregate amount, available to all the selected Contractors, shall not exceed $7,147,584,which includes a base annual amount of$5,228,320 plus a contingency of $1,919,264 for services to be exercised at the City's sole discretion. Page 1 of 10 City Council 16 — 458 7/7/2026 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 Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the 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 Contractor'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 February 1,2024 for a three(3)year term until January 31, 2027, with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney,unless terminated earlier in accordance with Section 16,below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works"and"maintenance"projects. If the services being performed are part of an applicable "public works" or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property Page 2 of 10 City Council 16 — 459 7/7/2026 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CO 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. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos,hired, (Code S) and non-owned autos (Code 9), with limit no less than$1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: 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 for bodily injury or disease. • Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and$2,000,000 aggregate per policy period of one year. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Page 3 of 10 City Council 16 — 460 7/7/2026 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts,or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance(at least as broad as ISO Form CG 20 10 1185 or if notavailable,through the addition of both CG 20 W, CG 20 26,CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation,but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Scif insured retentions must be declared to and approved by the City. The City may require the Contractor 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. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current AM.Best's rating of no less than A:VII,unless otherwise acceptable to the City. Claims Made Policies (note—should he applicable only to professional liability,see below) If any of the required policies provide claims-made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. Page 4 of 10 City Council 16 — 461 7/7/2026 2. Insurance must be maintained and evidence of insurance must be provided for at least five(5)years after completion of the contract 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,the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the 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 City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 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. 8. INDEMNIFICATION Contractor 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 Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I 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 Contractor 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 Contractor's services are subject to Civil Code Section 2782.9, the above indemnity Page 5 of 10 City Council 16 — 462 7/7/2026 shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shalt be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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, Page 6 of 10 City Council 16 — 463 7/7/2026 13. NON-DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 Contractor 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. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor 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 7 of 10 City Council 16 — 464 7/7/2026 17. 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. 18. 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. 19. PROFESSIONAL LICENSES Contractor 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. Contractor 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. 20. 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 S of 10 City Council 16 — 465 7/7/2026 P.O. Box 1988 Santa Ana, California 92702 To Contractor: Pacific Coast Horticulturists Attn: Brandon Elrod, President 910 E. Walnut St. Santa Ana, CA 92701 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. 21. 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. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 9 of 10 City Council 16 — 466 7/7/2026 A-2024-007-04 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ennifer al Ci rk Alvaro Nunez Acting City Manager APPROVED AS TO FORM: CONTRACTOR: SONIA R. CARVALHO City Attorney B onathan T. Martine Brandon Elrod Assistant City Attorney President RECOMMENDED FOR APPROVAL: Nabil Saba, PE Executive Director Public Works Agency Page 10 of 10 City Council 16 — 467 7/7/2026 EXHIBIT A SCOPE OF SERVICES City Council 16 — 468 7/7/2026 t"1 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES TABLE OF CONTENTS I. GENERAL MAINTENANCE OPERATIONS A. General Operations 5 B. Specialty/ Sports Areas 6 1. Sand Court Areas 6 2. Hard Surface Areas 7 3. Bicycle Trails/AC Walkways 7 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails 7 5. Parking Lots, Bike Trails, and Roads 7 II. IRRIGATION A. General Information 9 B. Water Management 9 C. Maintenance 11 D. Repair 13 E. Personnel 14 F. Materials 14 III. TURFGRASS A. Maintenance —Overview 16 B. Inspections— Sports/Priority Turf 18 C. Casual Turf 18 D. Sports/Priority Turf 19 E. Renovation Process 21 IV. EDGING AND DETAILING A. General Specifications 23 V. GROUNDCOVER A. General Specifications 24 VI. SHRUBS Qiky iQ-QWCiI Landscape Maintenanl@Ser449 Pagzh71/2026 (9) CITY OF SANTA ANA A. General Specifications 26 VI I. VINES A. General Specifications 28 VIII. TREES A. General Specifications 29 B. Trees Under 15 Feet 30 IX. LAKE MAINTENANCE A. General Specifications 32 X. PEST CONTROL A. General Specifications 33 B. Procedure 33 XI. WEED CONTROL A. General Specifications 36 B. Weed Control of Hard Surfaces 36 C. Weed Abatement of Fallow or Undeveloped Lands 36 XII. LITTER AND DEBRIS MANAGEMENT A. General Specifications 38 B. Schedule 38 C. Pressure Washing 39 XIII. HOMELESS TASKS/ CLEANUP A. General Specifications 40 XIV. DRAINAGE APERTURES A. General Specifications 41 XV. PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 42 XVI. GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 43 XVII. REPORTS AND SCHEDULES A. General Specifications 44 B. Reports 44 Qi -QWCII Landscape Maintenan S2r4c7eg Pagzhz/2026 (9) CITY OF SANTA ANA C. Schedules 45 XVIII. IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 47 B. Irrigation Schedules 47 XIX. CIVIC CENTER A. General Specifications 48 B. Annual Color Planting and Maintenance Specification at Civic Center 49 C. Vandalism 50 D. Quality of Life Team (QOLT) at Civic Center 50 XX. LAWN BOWLING A. General Specification, Lawn Bowling 53 XXI. CENTENNIAL PARK A. Centennial Park 55 XXII. VACANT LOTS A. Vacant Lots 56 XXIII. SANTA ANA STADIUM A. Santa Ana Stadium 57 XXIV. SANTA ANA ZOO A. Santa Ana Zoo 58 Qi -QWCII Landscape Maintenan S2r4c7el Pagzhz/2026 CITY OF SANTA ANA SECTION I GENERAL MAINTENACE OPERATIONS This section establishes overall daily contract requirements that the Contractor shall perform unless otherwise specified in later sections. Other specifications given per section are to be utilized as unexpected situations arise and clarification of service is required. It is Contractor's obligation to fully understand the grounds' landscape specifications. Additionally, for all mulch and compost needs that are necessary for Landscape Maintenance, the City's Refuse Contractor Republic Services shall provide freee mulch and compost for all City projects. For all other mulch and compost that requires the Contractor to procure, the the Contractor shall: • Use Compost and Senate Bill (SB) 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovations, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). • Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the City's Solid Waste Enterprise annually upon request. Information to be provided shall include: o General description of how and where the product was used and applied; o Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; o Quantity and type of each product; and o Invoice or other record demonstrating purchase or procurement A. General Operations 1. All areas shall be inspected daily and be maintained in a neat, clean, and safe condition at all times. 2. All drinking fountains shall be checked weekly and kept clean. Clean is defined as free of standing water, disinfected, free of calcium deposits or other encrustations, well-polished, and with drains/collectors cleaned of silt and debris. 3. All sidewalk areas within maintained areas shall be clean and cleared of debris at all times. 4. All leaves, paper, trash, and debris shall be removed from landscape and hardscape areas daily and disposed of offsite. 5. Trash cans provided by the City shall be emptied daily and washed after emptying when necessary, as determined by the City Representative (CR). All tops/lids shall Qi -0m1C11 Landscape Maintenan S2r4c7e� PagzhL /2026 CITY OF SANTA ANA be wiped clean weekly. All missing lids shall be reported immediately. 6. All concrete drains and other surface drains under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow daily. 7. All other drainage facilities shall be cleaned of all vegetation and debris daily, or as necessary. 8. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be immediately made safe and reported to the CR. 9. All barbecue grills, and hot coal containers, shall be emptied of all ashes twice weekly, once on Thursday and once on Sunday mornings. 10. All park benches, picnic tables, play equipment, and band shells shall be steam cleaned or pressure washed per the pressure washing schedule and specifications. Sanitization may vary with use. 11. Reserved picnic sites are a top priority. These sites shall be cleaned and blown by 8:00 a.m. daily, including weekends, holidays, and other times if deemed necessary. Pressure washing will be on a schedule, refer to the pressure washing section, but may require additional pressure washing as determined by CR. 12. The contractor shall spray monthly in all listed areas to control weed growth. 13. The contractor shall check all dog bag dispensers daily, and restock them as necessary. The contractor shall report missing and/or broken dispensers, on the same day, to the CR. The bags shall be provided by the City. 14. All tree limb failures shall be reported to the CR and collected along with any debris within 72 hours. 15. Six-Month Service: a. On January and July of each year the Contractor shall change out old flags and replace them with fresh, new all-weather flags to be provided by the City. Contractor shall follow all flag etiquette regarding the proper care, storage, delivery, and replacement of our American, City, and any other flags. Contractor shall deliver the old and worn flags to the the Park Services Inspector so flags properly folded and cared for. 16. Contractor shall inspect the basketball courts and tennis nets, and replace if required. The City will provide these materials. B. Specialty/ Sports Areas 1. Sand Court Areas These areas include tot lots, play areas, volleyball courts, etc. a. All sand areas, including tot lots, shall be cleaned with a basket sand rake to remove leaves and debris and leveled daily. The use of hand- held or backpack blowers or other devices shall not be substituted for raking. b. Sidewalks adjacent to tot lots must be swept or blown daily. Care should be exercised to avoid any patrons using the tot lots. Contractor shall decide when to schedule maintenance activities around their use. Qi -QWCII Landscape Maintenan S2r4c7e3 Pagzhz/2026 CITY OF SANTA ANA c. All areas shall be kept free of weeds at all times. d. There shall be no spraying of weeds in sand court areas. e. Areas shall be edged and the turf surrounds maintained. If sand berms accumulate in turf, they must be removed and replaced with sod. f. All sand areas shall be rototilled monthly, at least three (3) weeks apart, to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand (approximately 12"). After rototilling, all areas shall be raked level. g. Sand shall be replenished as necessary to maintain optimum level in each area. Generally, six inches (6") below the top of the concrete curbing is acceptable. However, dependent upon play equipment footing, the final level shall be determined by CR for each area. Sand will be provided by the City but spread and leveled by the Contractor. h. In the event of storms and periods of excessive rainfall, or the sand court areas become flooded resulting in standing water, the Contractor shall remove the water immediately, as directed by the CR. Water shall be discharged to a safe area. 2. Hard Surface Areas These areas include concrete sidewalks, medians, skate parks, tennis courts, handball courts, basketball courts, bicycle trails, asphalt concrete (AC) walkways, and bandshells. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept or blown daily to remove all deposits of silt, sand, glass, and all foreign objects. c. All sports courts, stages, and bandshells shall be power washed per the pressure washing schedule, or as needed. The contractor will work with the CR to determine the schedule. d. Cracks and crevices must be kept free of weeds at all times. e. Sidewalks should be blown daily, reference Section A., General Operations, No.3. 3. Bicycle Trails/AC Walkways Special emphasis shall be placed on chemical edging along these areas to prevent damage to asphalt by vegetation. All such damage shall be repaired at Contractor's sole expense. 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails Qiky iQ-QWCiI Landscape MaintenaUSer47e4 Pagzhz/2026 CITY OF SANTA ANA DG walkways and trails require additional attention to be properly maintained. The two (2) most common conditions are an uneven surface and lack of moisture. Both issues can make the material unstable and sand-like, creating an unsafe surface. a. The integrity of the surface must be kept intact at all times. b. The contractor shall perform daily inspections of DG surfaces. c. Borders of DG areas shall be kept in proper repair and well-defined at all times. d. DG areas shall be kept free of weeds at all times. e. Monthly maintenance of DG areas shall be according to industry standards. f. Contractor shall immediately repair any DG areas where holes or ruts are apparent, or where the surface becomes uneven. g. Materials will be supplied by the City to maintain the integrity of the product. 5. Parking Lots, Bike Trails, and Roads These areas include parking lots and roads located within the boundaries of the parks, or areas directly adjacent to parks, and whose primary purpose is to provide vehicle parking for patrons. Street parking areas that are not meant specifically for park users will not be included in this section. Areas in doubt should be clarified with the CR. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept, blown, and/or vacuumed weekly to remove all debris and deposits of silt and/or sand and glass. c. Cracks and crevices shall be kept free of weeds at all times. d. Illegally dumped foreign substances, such as motor oil, shall be properly cleaned immediately. Qi -QWCII Landscape Maintenan S2r4c7es5 Pag7671/2026 CITY OF SANTA ANA SECTION II IRRIGATION The irrigation system consists of all components from the outflow side of the meter. The Contractor shall control the irrigation programming components with the coordination of the CR, while the CR will control those components operated by the central programming software Calsense. All manual control systems shall be directly overseen weekly, and in a manner, which allows the irrigation specification to be completed. Contractor shall employ a certified irrigation specialist per district, Zoo, and Civic Center. A. General Information Water management within the City landscape maintenance areas is guided by the following parameters: 1. Application of water to landscape plants at a rate closely matching the demands of plant material; 2. Minimizing runoff; 3. Water conservation and plant health are given equal consideration; 4. Roadway condition and safety; 5. Safe surfaces for community use; 6. Water budget; and 7. Plant health. B. Water Management Water conservation is a top priority for the City and shall be incorporated into all irrigation programming. The irrigation schedule is dynamic and regularly needs to be altered to meet the needs of the City landscape. CR shall determine the schedule and Contractor shall program the controllers to meet this schedule. Landscape irrigation is currently being switched to Calsense Central Control. It is intended that the City will perform water management responsibilities within the central control system. 1. City of Santa Ana irrigation system includes: a. Battery controllers (Hunter Nodes) in valve boxes b. Non-centrally controlled manual clocks c. Hydraulic valves d. Thermal valves e. Quick coupler systems f. Electric valves g. Solar-powered controllers (Leit) Qi -OwCIl Landscape Maintenan S2r4c7eQ Pagzhz/2026 F Y CITY OF SANTA ANA 2. Controller programs shall incorporate the following: a. Calsense Central Control software shall be exclusively utilized for all controllers with available connections. Field checks shall be required to verify the success of programming as it applies to a specific location. Field checks will be the responsibility of the Contractor, who will report to CR. b. Water must be conserved while meeting the needs of the plant material. c. The City of Santa Ana Water Department (SAWD) management requirements shall be followed unless the CR approves an alternate schedule. d. Contractor shall avoid weekend watering unless approved by CR. e. Contractor shall water deeply and infrequently for all tree and shrub applications. f. Contractor shall utilize cycle/soak principles to encourage deep rooting of all plant material, especially turf. g. Evapotranspiration (ET) rates shall be utilized when considering programming. h. Contractor shall minimize runoff onto streets, sidewalks, and other non-target areas. i. Contractor shall provide sufficient time for the soil to dry out between irrigations. j. Contractor shall maximize community use of City property. k. Contractor will alter the irrigation programming to accommodate the field renovations to promote seed germination and establishment. 3. Irrigation systems shall be programmed to water between 10:00 A.M. and 6:00 P.M. (Monday- Friday) unless otherwise approved by the CR. 4. Contractor shall be responsible for programming all controllers (light energized Irrigation Technology, field controllers, battery-operated controllers, manual systems) not integrated into the central control system. 5. Program changes for the manual (non-centralized) controllers shall be done the same day of notification by the CR and changed per CR specification. 6. Verification of the updated irrigation schedule shall be the responsibility of the CR. The contractor shall work with the CR to ensure all programming changes have been entered and verified on the electronic programming log. 7. Contractor shall set and maintain the programming for the manual irrigation controllers to meet the criteria as stated above. The City reserves the right to inspect and monitor those settings and make recommendations to the Contractor. In case of a dispute, the CR will make the final determination. Any discussion of this type shall be recorded by the Park Inspectors on the work order form and kept on file. 8. In the event that any of the components of the irrigation system fail to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas in the worksite at no extra cost to the City. 9. The controller program shall be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with the established Irrigation Association (IA), Metropolitan Water District (MWD), and Santa Ana Water Department (SAWD) guidelines recognized throughout the industry. Qjky iQ-QWCiI Landscape MaintenanW serQU Pagzhz/2026 F Y CITY OF SANTA ANA 10. Any damage created by improper irrigation practices or neglect shall be the responsibility of the Contractor to correct, at sole cost to the Contractor. 11. No watering shall occur during the daylight hours unless associated with a repair, audit, manual system operation, or an alternate schedule is approved by the CR. 12. The operation of manual irrigation systems shall occur daily, Sunday through Monday, between 6:00 A.M. to 6:00 P.M. 13. All program changes shall be recorded on the electronic Irrigation Controller Program Log by Contractor. 14. City shall compare water meter readings to ensure that there is no excessive water use in any of the Contract areas. Contractor must meet with the CR to review these reports as necessary, or as directed by the CR. 15. Contractor shall turn off programmed irrigation systems immediately during periods when extreme rainfall exists or is predicted, and other times when suspension of irrigation is desirable to conserve water, as directed/approved by the CR. 16. Any time the irrigation system(s) are shut down for any reason, Contractor shall notify the CR immediately. Once CR acknowledges the necessity to turn on the water once again, controller activation shall begin within five (5) working days. 17. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for the greatest potential runoff. C. Maintenance 1. Contractor shall diagnose, maintain, and repair all irrigation components downstream of the remote control valve (RCV). The Contractor SHALL be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no additional cost to the City. Contractor will repair or assist in repairs for components downstream of the meter through Additional Extra Work (AEW). 2. Irrigation maintenance shall include, but not be limited to operation of the system, adjustments, repairs, modifications, improvements, testing, analysis, and other work as required. Some examples of regular maintenance include the function of electrical systems, backflows, controllers, valves, head alignment and spacing, and wiring operation. a. Components include but are not limited to irrigation controller, remote control valves, main and lateral lines, fittings, risers, sprinkler heads, quick couplers, drip systems (subsurface and surface), master valves, flow sensors, valve boxes, fertilizer injector systems, and tree watering systems. 3. All areas shall be irrigated to maintain specified growth and appearance determined by CR. 4. Handsets (Calsense, LEIT) may be required to operate the controllers. These will be supplied at Contractor's expense. 5. Proper alignment (vertical straightness, operational height of nozzle) will require raising/lowering/leveling of the sprinklers and shall be done at Contractor's sole expense. 6. Plants blocking the sprinkler pattern will require the technician to mark the plant material with paint and coordinate the trimming/removal with the CR. Qi -QWCII Landscape Maintenan S2r4c7W PagVV2036 p CITY OF SANTA ANA 7. Automatic controllers and/or enclosures shall be locked while unattended. Locks are initially supplied by the City, if lost or reckless the Contractor is responsible to replace with same or higher quality locks at their expense. City will replace worn or deteriorating locks. 8. All enclosures, including valve, controller, booster pump, etc., shall be kept free of all insects, rodents, and rust. Damage caused by insects, rodents, or rusting shall be repaired within five (5) calendar days at Contractor's expense. 9. All drip line valve filters shall be cleaned twice per year in February and November of every year. 10. All subsurface apertures shall have permanent lids affixed at all times and shall be kept free of overgrowth. Apertures include valve boxes, controllers, electrical and cable boxes, manholes, and backflow devices. 11. Weekly Priority/Sports Turf irrigation audits shall be completed and electronically submitted to CR. 12. Should the CR be called upon to diagnose an irrigation problem that is Contractor's responsibility, the City's labor and material costs incurred will be deducted from the monthly payment to the Contractor. 13. All irrigation evaluation work requires a notification sign to be present for the duration of the work. 14. All sprinkler heads and emitters shall be adjusted to maintain proper coverage to ensure adequate flow. Adjustments shall include, but not be limited to actual adjustments to heads; cleaning and flushing heads, nozzles, lines, and screens; and removal of obstructions. 15. All irrigation systems shall be tested and inspected a minimum of one(1)time per calendar year quarter (Jan-Mar, Apr-Jun, Jul-Sep, Oct-Dec), regardless of controller type, and an electronic audit form shall be used to submit the results to CR quarterly by the 10th day of the month following that period (e.g., April 10th, July 10th, October 10th, and January 10th). Any requested changes shall be submitted for approval before implementation. a. An exception to the aforementioned is any battery-operated valve, which shall be inspected two (2) times per year. D. Repair 1. Contractor shall continually monitor and perform any necessary repairs from the outflow side of the meter. 2. City will provide materials to replace the RCVs and mainlines, see Section 2.6, Materials for the process. 3. The Contractor shall be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no extra cost to the City. Contractor shall make repairs to the satisfaction of the Director's Representative (DR). Contractor shall make repairs within 24 hours of being on notice of deficiencies to the lateral lines and/or rotors/heads. 4. Contractor shall contact the CR regarding structural failures after the meter (e.g. Qiky iQ-Q �"1Cil Landscape Maintenan�S2r�c7e9 Pagzg/2026 CITY OF SANTA ANA backflows, main and lateral lines, valves, central control, etc.) within twelve (12) hours of occurrence. Repairs requiring additional funds shall be proposed within 24 hours by contacting the CR. 5. All damage resulting from Contractor's operations shall be repaired or replaced before the end of the workday at the Contractor's sole expense. 6. All third-party damage or other needed repairs shall be completed by the Contractor, as indicated in the Specifications, and paid for by the City on a cost-per-repair basis. Repairs to the irrigation system shall be completed within 24 hours of approval by the CR on any component damage, including, but not limited to, broken irrigation lines and tubing, defective or broken valves, sprinkler heads, emitters, sprinkler head relocations, and other modifications as necessary. 7. If not able to make irrigation repairs in a timely manner, Contractor shall be responsible for watering all areas manually. 8. In addition to quarterly testing, all irrigation systems shall be tested and inspected daily if necessary, when damage or malfunction is suspected, observed or reported. a. Contractor shall repair malfunctioning controllers, quick couplers, manual or automatic valves, and sprinkler heads within twelve (12) hours of receipt of the verbal or written notice unless the field condition does not allow or per the direction of the CIT (City Irrigation Technician). b. Contractor shall correct deficient or irregular irrigation systems and equipment as necessary following verbal notification from the CR. c. Irrigation checks must be done immediately if plants begin to wilt, defoliate or change color. 9. All Sports/Priority Turf irrigation repairs shall be made within four (4) hours of approval by the CR. 10. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment will be made by the City nor billed by Contractor for repairs on equipment covered by the warranty. 11. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in irrigation frequency. Costs will be determined from comparisons of usage with historical usage for the same time period and be presented to the Contractor for review before deduction of payment. E. Personnel Contractor shall provide dedicated irrigation a personnel to the Contract Area, District 1, District 2, District 3, District 4, Civic Center, and the Zoo; whose primary and sole function shall be to properly operate, monitor and maintain the irrigation system within the listed Contract Areas Personnel shall be: 1. Fully trained and knowledgeable in all phases of the landscape irrigation system, including central control, site controllers, component maintenance, repair, and adjustment, and familiarity with all brands and models of irrigation equipment used within the City; 2. Personnell shall be knowledgeable of and proficient in current water management Qiky iQ-QWCiI Landscape MalntenanW Ser4AQ Pagzg/2026 concepts; CITY OF SANTA ANA 3. Capable of performing irrigation audits and providing a report; 4. Capable of taking direction from several City personnel, but particularly accountable to the City Irrigation Technician and the area gardener; and 5. Capable of verbal and written communication in a professional level of English. F. Materials The City shall supply irrigaton materials and supplies. However, there will be occasions when a repair is necessary and the City is out of inventory. In these cases, Contractor shall be required to supply the materials. Contractor is responsible for repairs, including but not limited to, irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems' remote-control valves (RCVs) at no extra cost to the City. 1. City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises this option, the following conditions will apply: a. All City purchases will be for the sole use of and for the City. b. Contractor shall secure and store inventory, distribute and control all material entrusted to its representatives. All materials and inventories shall be made available to the City upon request. c. All material given to the Contractor shall be inventoried by location using the electronic work order system. The replaced part shall be returned to the City to remove the replacement part from the outstanding inventory. 2. All replacement materials shall be original types and models unless a CR approves a substitute. 3. Contractor shall maintain, at no additional cost to the City, an adequate inventory of medium- to high-usage stock items to repair the irrigation systems. 4. Contractor shall implement repairs under all warranties. 5. All invoices, AEW, shall state labor and material costs. 6. The actual cost of all materials passed onto the City shall include the following: a. Wholesale cost (retail costs minus Contractor's discount) b. Applicable sales tax c. A markup of 10% maximum for all overhead costs and profits 7. The wholesale cost shall be the actual cost paid by Contractor reflecting the best price, including any discount given to Contractor (written receipt submitted with billing) 8. At no time shall the cost of materials exceed the retail cost from the current price list, minus any discounts. Qiky iQ-QWCiI Landscape MaintenaUser4AI Pagzg/2026 (9) CITY OF SANTA ANA The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. Qiky iQ-QWcil Landscape Maintenanl@SeM� Pagzg/2026 CITY OF SANTA ANA SECTION III TU RFGRASS The City desires to establish and maintain safe, healthy, well-suited warm-season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. A. Maintenance—Overview Turf care shall be differentiated by the two (2) types of turf - "Casual" and "Sports/Priority" Turf. When the word "Turf" is not preceded by the word "General" or the word "Sports/Priority," it applies to both types of turf. 1. Casual Turf Mowing All "casual' turf(non-sport/priority turf) shall be mowed every other week, from October 31 st to February 28th of each year. "Casual" turf shall be mowed each week from March 1st to November 1st of each year. Each year the DR will select the dates in mid-November and mid-March when the Contractor shall transition from every other week mowing to once-a-week mowing. The Contractor shall use Kubota L5060 tractors, or approved equal, equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3-178 69" rotary, or approved equal, detail mowers for areas between trees and other park amenities. The DR shall determine the height of the cut. 2. Sport/Priority Turf Mowing All "priority" turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2"- 3/4" unless approved by CR. To achieve a quality cut at this height and not leave clippings, the Contractor will perform a first cut using a rotary mower with clipping catching capability, followed by using a Kubota L5060 tractor equipped with turf-type tires and tractor- powered Trimax ProCutS3-237 91" rotary mower, an approved fairway or greens mower for medium size areas and a walk behind Jacobsen Eclipse2 reel mower for small areas. Note that the Contractor shall perform quality sports turf mowing and detailing to the DR satisfaction regardless of the equipment and methods the Contractor uses. The DR shall direct the Contractor to mow the priority turf lower than 1/2", if necessary. Note that the Ball Diamond Infield Maintenance Contractor shall be responsible for mowing turf infields, including foul territory turf areas, 36" beyond the skinned infield arc, and other designated ball diamond turf areas. Infield maintenance shall not be a part of this agreement. 1. The contractor shall maintain mowers that provide a smooth, even cut without ridges or depression and without tearing off the leaf blades; including sharp blades on all mowers. 2. All factory safety equipment must be fully operational. 3. The mowing schedule may be altered due to weather and/or other conditions upon approval from the CR. 4. Mowing shall be completed during one (1) single-day operation per given area. 5. The contractor shall not mow areas where the soil is over-saturated. 6. All litter shall be removed from the turf before each mowing. Qjky iQ-QWCiI Landscape Maintenanl@SeM3 Pagzg/2026 CITY OF SANTA ANA 7. Mowing shall be performed at the speed the mower's manufacturer specifies to maximize the quality of the cut. The emphasis shall be on quality mowing vs. speed and unprofessional patterns. 8. Mulching mowers shall be used to mow General Turf grass areas. Recycling blades and/or recycling decks shall be used in all areas where grass clippings will not be picked up. 9. Excessive clipping debris, as determined by the CR, shall be removed and disposed of offsite at the Contractor's expense. 10. String trimmers shall not be used for mowing turf. 11. Turf shall be mechanically trimmed with a grounded blade edger at the same time as mowing during the seasonal mowing cycle (twice per month in winter, once per week in summer). 12. The areas requiring edging shall include all hardscapes adjacent to turf, including sidewalks, curbing, planters, grave markers, historical plaques and markers, and other concrete entities, asphalt, concrete, paved areas, and DG. 13. All edging shall be done in a way as to not damage any hardscape entities. 14. Other fixtures such as but not limited to valve boxes, utility boxes, cleanouts, drains, signs posts, poles, benches,tables, and building foundations can be edged with the use of string trimmers, once an edging pattern has been properly established using an edger or sharpened shovel. Should the edged area begin to deform, CR shall direct the Contractor to repeat the detail process. 15. Property damaged by string trimmers or mowers shall be replaced/repaired immediately. 16. Sidewalks and other hard surfaces shall be properly cleaned after each edging, including grass stains or marks from the mowing process. 17. Trimming of grass around trees or planter beds in the turf area (12 to 24-inch distance from the object) shall be performed during the seasonal mowing cycle in such a manner as to avoid damage to the plants. a. Chemical edging and trim pattern establishment using a blade edger shall be completed when grass encroachment is within six (6) inches of the trunk or planter bed. 18. Any mechanical damage to tree trunks which is considered Contractor neglect shall result in a replacement planting, at the discretion of the CR. 19. Refurbishment of damaged turf due to Contractor negligence, including poor irrigation management, irregular turf evaluation intervals, and/or Contractor error shall be completed within seven (7) days of discovery and notation. 20. Turf shall be maintained within 6-12 inches of all appurtenances (e.g. walls, fences, transformers, etc.) 21. Detail lines shall be made straight and shall be maintained straight. 22. The contractor shall fill all divots, depressions, and uneven areas with sand, as directed by the CR. 23. The City reserves the right to require the Contractor to apply plant dye on specified plant material within 24 hours of notification to the landscape that has been stressed due to the Contractor's neglect. The dye will be applied at no additional cost to the City. Qiky iQ-QWCil Landscape MaintenaUser4A4 Pagzg/2026 ��v aw CITY OF SANTA ANA B. Inspections—Sports/Priority Turf The contractor shall inspect the sports fields or play areas daily. 1. All sports fields shall be kept at a level grade to provide a uniform height of turfgrass, by topdressing low places with clean sand. a. Depressions over 1" in depth, which lack turfgrass cover, shall be filled with weed-free soil to the existing grade. Rototilling may be prescribed by a CR. 2. The contractor shall inspect the sports fields or play areas for proper water drainage away from the playing surface. If drainage is not evident, irrigation programming in the affected area shall be required to prevent landscape failure. The contractor shall contact the CR for the proper irrigation management strategy, which shall be programmed within 24 hours. 3. The contractor shall inspect the sports fields or play areas for hazardous holes or depressions that may cause a player to trip. Those found shall be filled as directed in Section 3.2.1.an above. 4. The contractor shall remove stones and other debris that may interfere with play or cause injury. 5. The contractor shall inspect the sports fields or play areas to see that the soil absorbs irrigation and rain rapidly enough to provide reasonably good footing on the surface of the area. If improvement is indicated by the CR, Contractor shall contact the CR for direction. 6. The contractor shall inspect the sports fields or play areas to see if the turf surface is being irrigated evenly with a reasonable amount of water. Irrigation programming for Sports/Priority Turf is at the highest tier (Tier One—Turf Irrigation Reduction Priority Key). C. Casual Turf The scope of work for General Turf includes the following: 1. The mowing schedule shall be once per week from March 1 to October 31 and once every other week from November 1 to February 28, Monday through Friday of each week specified. 2. Not more than 1/3rd of the total leaf length shall be removed per mowing. 3. Mowing shall be completed in one (1) operation. 4. Turf shall be aerified a minimum of one (1) time annually in March using a solid tine aerator to a minimum depth of three (3) inches. 5. Casual Turf shall be renovated-overseeded one time per year, April through May. All seed quantities and types specified with either Kikuya or Marathon fescus shall be verified by the DR prior to any applications. The process for renovation-overseeding shall be as follows: 6. The turf shall be flailed down to '/4". All turf clippings shall be removed. 7. The contractor shall flag/mark all irrigation and site amenities and shall avoid hitting/damaging them with the aeration equipment. Any damage caused to the irrigation or other site amenities shall be repaired/replaced at the Contractors' expense. 8. The contractor shall coordinate with the CR to irrigate the causal turf to allow greater penetration for the aerator. Qiky iQ-QWclI Landscape Maintenanl@SeM5 Pagzq/2026 CITY OF SANTA ANA 9. The turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). Contractor shall make two- passes in different directions per the DRs direction. 10. Contractor shall coordinate with the CR to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. 11. Once the CR verifies that the irrigation system is working efficiently, the Contractor shall overseed the turf using Stover Seed Company's AZ-1 Kikuyugrass or Marathon Fescus at a rate of 30 pounds per acre. During the germination period, the Contractor shall assume responsibility for programming the irrigation controller(s) to assure 100% germination of seed. 12. Immediately after overseeding the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed. 13. The intent of overseeding is to have 100 percent turf coverage, re-seeding in bare spots shall include seed topper. 14. Cutting height shall be 2-2.5 inches, with final determination to be made by the CR. D. Sports/Priority Turf The Sports and Priority fields to be considered for this section are listed in Appendix II.This list is dynamic and will have fields added and removed periodically. The scope of work for Sports and Priority Turf includes the following: 1. Contractor shall mow once per week, all year. a. This may require mowing athletic fields when the rest of the park is not being mowed. 2. Contractor shall vary the height of cut depending upon the season, grass type, and growing conditions. The specific cut will be determined seasonally by the CR, but shall not be altered once the height has been determined for the season. a. Mowing height for warm season turf shall be .5-1.5 inches, with the CR guiding cutting height depending on the machines used. 3. Sports/Priority Turf in this Contract shall be mowed using a power-driven fairway reel mower or fine cut rotary mower. The quality of the cut will be determined by the CR and changes may be required if minimum standards still need to be met. 4. The mowers shall be maintained and sharpened to provide a smooth, even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions. 5. Contractor shall perform alternate mowing patterns to prevent wheel ruts. If ruts are made, the Contractor shall make repairs at its sole expense. a. Repairs for deep ruts may include sod-cutting of damaged areas, leveling of subsurface soil, and replacement of sod. b. Field may be taken out of play due to rutting, and the deductions for lost time shall be subtracted from the monthly payment to the Contractor. 6. Sports Fields Overseeding shall be renovated-overseeded each year per the Sports Annual Qjky iQ-QWCiI Landscape MaintenaUser4AQ Pagzg/2026 CITY OF SANTA ANA Schedule. The DR shall verify all seed quantities and types specified in the contract before any applications. The process for renovation-overseeding shall be as follows: 7. Renovation downtime schedules effectively take the Sports Turf area out of service for several weeks (the schedule to be determined by the CR for a duration of 10 weeks). The goal of this period is to restore worn and damaged turf. This renovation procedure includes core aerification, fertilization, seeding, and grade restoration. These procedures shall be included in the cost proposal. A typical renovation includes: 8. The contractor shall install a 6' high temporary construction fence with stands around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeded in accordance with the park map depicting the sport/priority turf areas. Perimeter fencing shall be placed at the direction of the CR to avoid sprinkler damage and provide 100 percent water coverage. See aerial maps of sports field locations. 9. Turf shall be mowed down to '/4"-1/2 ", or determined by CR. All turf clippings shall be removed. 10. Turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). The contractor shall make two passes in different directions per the DRs direction. 11. Turf shall then be vertical using the Kubota L5060 tractor equipped with turf-type tires and the Trilo VCU 200 Verticut implement. Following verticutting all turf clippings shall be removed. 12. The contractor shall coordinate with the CR to confirm that all irrigation has been tested and restored to original design specifications before overseeding. 13. Immediately after overseeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. 14. Once the CR verifies the irrigation system is working efficiently, the Contractor shall overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 65 pounds per acre; and, b) Stover Seed Company's Pro Sportsfield Supreme in the spring/summer at a rate of 65 pounds per acre. The contractor shall overseed all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 15. Immediately after overseeding the Contractor shall apply'/4" minus STA-approved compost topper from R&S Soils to all turf using the Kubota L5060 tractor equipped with turf-type tires and the Tycrop TD-460 QuickPass top-dresser. 16. Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize the germination of seed. Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming. 17. Plugs/cores shall be removed, or broken up (drag mat, mower) and spread over the Turf area being treated, at the time of aeration, to the satisfaction of the CR. 18. Flags identifying irrigation shall be removed by Contractor immediately after aerification. 19. City-supplied signs indicating a field renovation is in progress shall be posted. 20. The contractor shall secure all the seed materials at the beginning of the season in Qiky iQ-QWCiI Landscape MaintenanW serW Pagza/2026 y�v CITY OF SANTA ANA advance to avoid shortages or"out of stock" scenarios. E. Renovation Process Shall have the CR, unless approved otherwise, during the rennovation process: 1. Day 1 a. Irrigation audit, ensure coverage and adjust sprinklers heads to 1/2:" below grade. b. Aeration (the Kubota L5060 tractor equipped with turf-type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal)) 2. Day 2 a. Scalping and vertical cutting. b. Following verticutting all turf clippings shall be removed. 3. Day 3 a. Apply seed and drag-in to level surface, coordinate with CR to verify seed type and quanitites b. Immediately after over-seeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. c. Apply light topper dresser (apply '/4" minus STA-approved compost topper from R&S Soils) 4. Day 4 a. Coordinate with CR for the watering program 5. Day 5 - Completion a. Inspect daily and monitor germination. In the last two (2) weeks of the rennovation period, the mowing shall be done in intervals. Qiky iQ-QWCiI Landscape Maintenanl@SeMU Paj/V/2026 SECTION IV EDGING & DETAILING A. General Specifications 1. All edging shall be performed with the use of a gas-powered blade edger or CR-approved substitute. Stick edgers shall not be used. 2. Chemical edging is allowed along edges such as trees, fence lines, curbs, etc., as directed by the CR. The contractor shall not use chemical edging in areas not authorized by the CR. 3. If chemical detailing is performed, the Contractor shall use a string trimmer to remove the treated vegetation within one (1) week after symptoms of phytotoxicity become recognizable. a. Plants (i.e. trees, shrubs, groundcovers, annuals) with noted phytotoxic damage from an herbicide edging treatment shall be removed within one (1) week of observation and replaced with like-sized plants. 4. The contractor shall detail turf no further than 12 inches away from all hard surfaces, including walls, fences, curb lines, roadways, pathways, and landscape surfaces (e.g. trees, shrubs, beds, etc.). a. Detail lines shall be made straight and shall be maintained straight. 5. The contractor shall supply, at Contractor's own expense, replacement plants to reduce any existing bare soil areas along walls and fences that are wider than 12 inches that have been caused by the Contractor's neglect. 6. Edging/detailing shall be performed at the same time mowing occurs. 7. All edging/detailing shall be performed with the use of a McClain's edger or an approved substitute walk-behind or fixed blade stick edger. The contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. 8. The Contractor shall detail around trees, along walls/fences, and other amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform, the Park Services Inspector Supervisor shall direct the Contractor to repeat the detail process. Shovel-cut detailing shall be repeated as often as necessary to maintain crisp evenly round/straight lines. In the event that the circle becomes too great, the DR shall direct the Contractor to sod the area around the tree at the Contractor's expense to the size instructed by the Parks Services Inspector Supervisor. Qiky iQ-QWCiI Landscape MaintenaUser4A9 Pagzw/2026 SECTION V GROUND COVER The City's goal is to encourage the proper care and growth of groundcovers, maintained within the confines of their growing areas, free of weeds and without a prevalence of bare spots or unhealthy plant material. Groundcover beds should create a natural, pleasing appearance in all areas. A. General Specifications 1. Groundcovers shall be pruned and maintained according to accepted industry practices and consistent with the intended use. 2. Groundcovers adjacent to hardscape such as sidewalks, walkways, playgrounds, sport courts and parking lots shall be edged weekly in one (1) operation with the turf edging. 3. In locations where turf is not present (i.e. parks, medians, empty lots), groundcovers shall be edged monthly, or as determined by the CR, to present a clean and neat appearance and to keep the plant material from impeding foot traffic. Care shall be taken not to expose bare soil. 4. Edged ground cover will not be allowed to develop a build-up with a sheared face along the sidewalk or curb edges. Groundcover height shall not exceed six (6) inches without a beveled edge (i.e. leaning edge even with sidewalk with lower edge angled inward). 5. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all ground cover beds. 6. Plant material damaged by Contractor-applied herbicides shall be replaced at Contractor's expense. 7. The use of pre-emergent is strongly recommended in areas with overhead irrigation. In some instances, weeds may be removed by mechanical means as approved by the CR. Pre-emergent herbicide cost shall be included in the cost proposal. 8. The contractor shall keep groundcover trimmed back 6-12 inches from all controller units, irrigation heads, valve boxes, quick couplers, up-lighting, or other appurtenances or fixtures. 9. The contractor shall not allow groundcovers to grow up trees, into shrubs, or on structures or walls. The contractor shall keep groundcovers trimmed back approximately 6-12 inches from structures or walls. 10. Any paper or litter that accumulates in ground cover areas shall be picked up daily. 11. Mulch shall be applied to all planting areas two (2) times per year, once in the spring (Apr- Jun), and again in the fall (Sep-Nov). 12. Bare soil areas in ground cover beds shall be replanted or mulched as required. The Contractor shall apply US Composting Council STA-tested approved mulch 3"- 4" minus by 2" thick. a. No bare soil areas are permitted in the ground cover areas. All bare soil areas shall be cultivated to 6" deep weekly while awaiting fresh mulch. 13. Ailing and/or stunted groundcover which fails to meet expected growth shall receive additional nutrient treatments to correct deficiencies or shall be replaced by Contractor at Qiky iQ-QWCiI Landscape MalntenanIOSeARO PagZW/2026 its expense. If groundcover failure is determined to be due to improper treatment and/or neglect by the Contractor, replacement shall be performed at Contractor's expense within five (5) working days. B. Mulching of Bare Areas 1. In all shrub areas where bare soil is visible, the Contractor shall apply US Composting Council STA tested and approved compost mulch Y- 4" minus by 2" thick minimum twice per year (third week of January and July) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed continuously. a. All bare soil areas shall be cultivated to 6"deep on a weekly basis while awaiting fresh mulch. Qiky iQ-QWCiI Landscape MalntenanIOSeARI Paj/Z/2026 SECTION VI SHRUBS The primary objective for maintaining shrubs and other plant material within the City's landscape is to create a natural, aesthetically pleasing appearance throughout all areas. Shrubs to include and not limited to cacti and succulents and other plant material shall be pruned only to allow new growth to develop within the confines of planters and beds and should have soft rounded edges in most applications. The use of powered equipment must be approved before use. A. General Specifications 1. Shrubs shall be pruned quarterly, or as required, for safety, removal of broken or diseased branches, general containment, and appearance. 2. Shrubs shall be pruned, as required, to ensure vehicular and pedestrian visibility and clearance. 3. All bare ground shrub areas, not inter-planted with ground cover, shall be cleaned a minimum of one (1) time per month. Cleaning shall be accomplished without removing significant amounts of any present mulch. 4. Plant material encroaching onto or from City property shall be trimmed back to the property line. At City's discretion, depending on circumstance, plants growing over fences and sidewalks from private property adjacent to contracted areas will also be trimmed back to the property line. 5. All gasoline-powered equipment used for pruning shrubs shall be approved by the CR. 6. Ailing, stunted, and/or dead shrubs, as a result of circumstances beyond the Contractor's control, shall require a proposal for replacement within five (5) working days and shall be restored within one (1) week of obtaining a signed proposal for Supplemental Work. 7. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients, at no additional cost to the City, within five (5) working days of discovery. 8. Shrub failure due to Contractor's neglect or improper treatment shall be replaced, at Contractor's sole expense, with like-kind and -sized plants, within five (5) working days. 9. The contractor shall prune shrubs according to accepted industry practices and consistent with the intended use, as well as to retain as much of the natural informal appearance as possible. Final standards will be the decision of the CR. a. For accepted industry practices, t he Contractor shall refer to the AHS Standards `Pruning and Training' manual, latest edition. b. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance. c. The contractor shall remove any spent blossoms or dead flower stalks as required for a neat, clean appearance. d. Shrubs and mounding shall not exceed two (2)feet in height within areas required for vehicular sight distance, depending on roadway topography. 10. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all shrub beds. The use of pre-emergent is strongly recommended and will be at Contractor's expense. In some instances, weeds may be removed by mechanical means as approved by the CR. 11. Any paper or litter that accumulates in shrub bed areas shall be picked up daily. Qiky iQ-QWCiI Landscape Maintenanl@SerQs Pagza/2026 12. Mulch shall be applied to all shrub/planter bed areas, including medians, two (2) times per year, once in the spring (Apr-Jun), and again in the fall (Sep-Nov). See mulch specifications Section V, Letter B, Mulching of bare areas. 13. "Box hedging" may be required on some shrubs, as designated by the CR. Shear hedging or severe pruning/trimming of plants, unless authorized by the CR, shall not be permitted. 14. Topping of plants whose natural growth stems from the base of the plant shall not be permitted. 15. The contractor may occasionally be requested to raise the bottom of the shrubs for security reasons. 16. All shrubs without ground cover shall be mulched. No bare ground areas shall be acceptable. Qiky iQ-QWCil Landscape MalntenanIOSerA93 Paj/Z/2026 SECTION VII VINES Vines shall be encouraged to grow and flourish by continually maintaining proper care in accordance with AHS Standards. A. General Specifications 1. Vines and espalier plants shall be checked and removed as needed to allow for proper growth. The contractor shall secure vines with appropriate ties to promote directional growth on supports. The contractor shall not use nails to secure vines on masonry walls. 2. Pruning of vines shall be in accordance with good horticultural practices, as defined by the AHS Standards `Pruning and Training' manual, latest edition. 3. Vines shall be pruned only to allow for new growth to develop and to control/direct plant size. 4. No more than 1/3rd of the vines should be pruned at any given time unless directed by the CR. 5. The contractor shall have deep water vines in pockets not provided with sprinklers, as required to promote optimum growth. 6. Weed control shall be applied monthly to control all emergent weeds. In some instances, weeds may be removed by mechanical means as approved by the CR. a. The use of pre-emergent is strongly recommended to control broadleaf and grassy weeds. 7. Any paper or litter that accumulates in vines and surrounding areas shall be picked up daily. 8. Mulch shall be applied to all planting areas two (2) times per year, as necessary, once in the spring (Apr-Jun), and again in the fall (Sep-Nov). 9. Vines shall not be allowed to grow past the designated area. All areas explored by the vine outside of the planting area shall be removed at the Contractor's expense. Any structural damage done by excessive vine growth shall be restored within one (1) week at Contractor's expense. Qiky iQ-QWCiI Landscape Maintenanl@SeAW Paj/47/2026 SECTION VIII TREES It is essential for the City to continue to develop and maintain an urban forest within its parks and backup areas. The contractor shall prune trees to comply with ISA standards and maintain their characteristic shape, density, and texture. The center of gravity, or location of the mass, per tree, is close to the center and close to the ground, enabling the trees to withstand strong winds. Thus, the Contractor shall not thin or "lace out' dense foliage, except for outside branches. The Contract will include a large number of newly-planted trees and reforested areas. Tree pruning specifications for all trees over 15 feet are covered under a separate tree maintenance contract, except for the requirements to raise trees for clearance. A. General Specifications 1. The contractor shall raise all trees, as required, to allow twelve-foot (12') clearance within park boundaries and fifteen-foot (15) clearance above road surfaces for vehicular traffic. 2. All trees shall be pruned as required to remove broken, crowned, dead, hazardous, and infested portions for safety reasons. 3. The CR shall be informed immediately of any hazardous trees. 4. All pruning shall be done by the use of proper tools, per ISA Standards, and disinfected after each tree is pruned to prevent the spread of disease and pathogens from one tree to another. 5. Topping trees shall not be permitted. Any pruning shall be done by those experienced and skilled in pruning techniques. 6. All cuts shall be done using proper horticultural practices. Dressing wounds is not allowed. 7. Tree stakes, ties, and guys shall be checked and corrected or replaced as needed and removed when no longer needed. 8. Ties shall be adjusted to prevent girdling. 9. Under no circumstances shall stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote caliper-retained growth (tapered trunk). The contractor shall contact the CR with any questions or concerns. 10. Downed tree debris, of all sizes, shall be cut up and removed within 48 hours of discovery. The contractor shall be responsible for chipping and green waste disposal. 11. Newly planted trees, either by the Contractor or the City, shall become the responsibility of the Contractor if they fall within the height specification. B. Trees Under 15 Feet 1. The contractor shall prune out branches extending beyond a tree's shape (foliage perimeter). 2. The contractor shall prune to control size and shape. 3. Cuts shall be inside the perimeter of foliage, almost flush with a parent branch, but not harming the collar area. No butts or stubs shall be permitted. Old stubs with an outgrowth of multiple shoots shall be removed. Qiky iQ-QWCiI Landscape MaintenaUseAR5 Paj/471/2026 4. The contractor shall prune off lower branches high enough for traffic clearance. 5. The contractor shall cut out dead, crossing, rubbing branches, and v-shaped crotches. 6. The contractor shall undercut branches over two (2) inches in diameter before final cut is made close to a scaffold (main) branch. Shredded, torn or ripped branches shall be re-cut cleanly. 7. An exposed wound, as where a branch was removed, shall remain exposed. The contractor shall not paint or apply any substance on wounds. 8. Trees close together shall be separated by the removal of intermingling branches. The exception is a large hedge or windbreak consisting of one (1) species. 9. All newly planted or young trees shall be double-staked by the Contractor and secured properly with CR-approved ties. a. The contractor shall use only City-approved staking materials. b. The contractor shall always remove nursery stakes on young trees and replace them with double staking when trunk strength allows. c. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the CR. d. Tree stakes shall be set a consistent distance (minimum six [6] inches) away from the trunk of the tree to reduce abrasion. e. The tops of tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of the main or lateral branches of the tree. 10. A tree too heavy for support by stakes shall have equally-spaced guy wire ties to stakes and shall be inspected for possible removal. The wire shall be on a 45-degree angle with the tree trunk. a. Locations for the use of guy wires shall be determined by the CR. b. Ties shall always allow for tree movement between stakes and tree trunk. c. The contractor shall loosen or remove tree ties upon discovery that ties are too tight before ties girdle a branch or trunk. d. The contractor shall remove stakes or tensioned cables (guy wires) from a tree trunk that is immovable in wet soil. 11. Any tree stakes or ties that are broken, loose, or damaged shall be removed immediately. If the tree is less than one (1) year old or immature and requires continued support, new ties and stakes will be required. 12. Fertilizers, pre-approved by the CR, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar micronutrient applications. 13. All trees located in Casual, Sports/Priority Turf areas shall have 2" of STA approved Y-4" compost mulch installed around the tree ring continuously. 14. The Contractor shall have an ISA Certified Arborist On-call employee able to provide a risk assessment. The contractor will only charge, AEW, the arborist time to investigate and create a risk assessment. The arborist can be asked to meet with residents, the public, or elected officials to discuss tree conditions. Qiky iQ-QWCiI Landscape MaintenaUseAR0 PagZQ/2026 SECTION IX LAKE MAINTENANCE A. General Specifications The lake water quality, algae, and aquatic weed control are maintained by a separate contractor. The Specifications for this Contract include the management of the trash, leaf, and branch debris, and habitat evaluation. 1. The following lakes are to be serviced as a part of this Contract: a. Centennial Park b. Thornton Park 2. Water, lake and stream bottoms, surrounding embankments, riprap areas, and sidewalks shall be inspected daily and kept free of litter and debris at all times. This shall include but is not limited to trash, litter, dead fish, fishing line, bird droppings and/or deceased waterfowl, and un-anchored plant debris. a. Skimming equipment capable of a 20-foot reach shall be required to remove the aforementioned items from the subject lakes. b. The contractor shall remove any dead wildlife immediately, and report to the CR. 3. Park equipment such as trash cans, decorative boulders, and park benches that are periodically placed in the water shall be immediately returned to their appropriate locations, and the CR shall be notified. 4. Excessive leaf drop and other debris which results in reduced stream flow or surface collection shall be removed weekly. Qiky iQ-QWCil Landscape MaintenanW seAA7 Pagz/Z/2026 SECTION X PEST CONTROL A. General Specifications Integrated Pest Management (IPM) principles govern the oversight and management of pest pressures. For this reason, biopesticides have been chosen as a primary control method whenever horticultural management criteria deem the anticipated result to be satisfactory. Combined with a sound IPM program, pest control through prevention, cultural practices, exclusion, natural enemies, and host resistance offers the safest, most effective means of producing high-level plant material. The City is concerned with the safety of wildlife and, therefore, the Contractor shall be expressly prohibited from using anything that may result in direct or secondary poisoning and harming of organisms. Contractor shall employ a certified pesticide applicator to implement the IPM specifications. 1. IPM, under this agreement, will apply to planters, tree rings, hardscapes, parking lots, sidewalks, sports courts, etc. Agricultural pest control services for casual, sports, and priority turf shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. 2. The contractor shall manage economic thresholds of plant pests including insects, diseases, weeds, and vertebrate damage, as defined in this section. 3. The contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws to perform such control. 4. By submitting a proposal, the Contractor assumes responsibility and liability for the use, storage, containment, and cleanup of all pest control management materials. 5. Any failure on Contractor's part to abide by City, County, State, and Federal laws or regulations, and the Specifications contained in this section, may result in a default of this Contract. 6. Fines levied against the City as a result of the Contractor's failure to abide by regulations shall be Contractor's responsibility to pay. 7. Contractor shall use all materials in strict accordance with the most current Federal EPA and Cal-DPR regulations, applicable sections of the California Food and Agricultural Code, Title 3, and regulations within the Healthy Schools Act (HSA). 8. The contractor shall maintain the appropriate licenses, and categories within the Licenses, including Pest Control Business License (PCB) and Qualified Applicator License (QAL- categories ABCF). 9. The contractor shall use specified pesticides only. B. Procedure This section shall serve as the primary guideline for pest control operations. Weeds represent the majority of work within this Contract. All applications shall be completed in a safe manner utilizing safety procedures outlined in Appendix A, Terms and Conditions. 1. The contractor shall submit a comprehensive treatment schedule to maintain all working intervals (daily, weekly, monthly, quarterly, and yearly). a. This schedule will be entered as work orders into the City database and closed out after the application has been deemed satisfactory. Completed work orders Qiky iQ-O dl Landscape MaintenaUseARO Pagzkz/2026 shall be indicated by control of the specified pest, not completion of the application. 2. Restricted material applications, and HSA applications, require a notice of intent (NOI) posting to the County Agricultural Commissioner, as well as to the City. The contractor must have written confirmation back from the CR before the start of the application. This written confirmation requirement may be waived upon the completion of successive treatment cycles; notification of this nature will be made in writing to the Contractor via email. 3. The contractor or Contractor's representative shall scout the landscape material for harmful pests regularly and thoroughly. The contractor assumes the primary role in this responsibility. 4. The CR shall inspect all areas of the landscape when infestations of harmful or unwanted pests are located by Contractor and will submit a plan of action to the Contractor. a. A written recommendation shall be issued by the CR to indicate the plan of action when a pesticide is required to be used as a control method. 5. A copy of the monthly Pesticide Use Report (PUR) for all pesticides shall be filed with the County Agricultural Commissioner no later than the 10th of every month for the preceding month. a. A copy of the PUR shall be sent and received by the City at the same time the report is filed with the county. 6. Pesticides shall be applied at times that limit the possibility of contamination from climatic or other factors. a. Early morning application shall be used when possible to avoid contamination from drift. b. All applications shall be scheduled after checking the NOAA weather notification system for potential rainfall. All indications shall be for rain-free weather 48 hours post application. 7. Care shall be taken in transferring, mixing, and applying pesticides to prevent contaminating areas outside of the target area. a. Application methods shall be used to ensure that materials are confined to the target area. 8. Treatment includes the application of the pesticide, as well as the re-entry period following the application. The contractor shall be responsible for maintaining the treatment area throughout the re-entry interval. 9. Spray tanks containing leftover materials shall not be drained on-site. Dumping of tank contents is illegal. a. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code, EPA/DPR regulations, NPDES permit requirements, and all other applicable laws, rules, and regulations. 10. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficacy, it shall be applied in quantities each area is capable of receiving without a runoff. 11. Pruning is an effective prevention of an epidemic of insects and diseases (e.g. pine tree tip moth, juniper twig girdler, tree borers, fire blight). The contractor shall prune away infected Qiky iQ-QWCiI Landscape MalntenanIOSeAR9 Pagz /2026 parts and dispose of them off-site. The contractor shall sterilize pruning equipment before moving to the next plant. 12. Handling requirements may apply during transport to another location (e.g. bagging of tree limbs containing borers). 13. Snails shall be controlled regularly by Contractor before becoming an epidemic. Biopesticides containing iron phosphate or other molluscicides, shall be initiated by Contractor early in the infestation. All reasonable precautions shall be used by Contractor to minimize health risks to non-target organisms. The City will not tolerate epidemics of snails. 14. Cleanup of hazardous material releases, to the extent indicated by the governing agency, is the responsibility of Contractor. Qiky iQ-QWCil Landscape MaintenanW se g Pagza/2026 SECTION XI WEED CONTROL A. General Specifications A weed is defined as any plant growing in an area where it interferes with the intent and expectation of the landscape. The City expects all areas to have minimum weed populations due to the frequency of management intervals. 1. All weed control material shall be approved by CR prior to using. 2. All weeds shall be addressed, as indicated, in the frequency of management intervals. The Specifications, in general, indicate monthly weed control with a specified herbicide; however, if required to alter the existing intervals for certain areas for higher quality Holi cultural outcomes (e.g. parking lots, planters, sidewalks, etc.) 3. Weed heights of four (4) inches or greater are an indication of improper weed control treatment and/or intervals. Weedy areas will be brought to the attention of Contractor in order to gauge the reason for the deficiency. Remediation of the problem, if deemed a Contract deficiency, shall be within five (5) working days. 4. String trimming, in the absence of chemical treatment, may be used to control a weed population, but satisfactory weed control is measured by both results and the visual aesthetic of the planted area. 5. Manual weed control may be substituted for chemical weed control in some instances to maintain the proper interval (e.g. windy or rainy conditions which prevent chemical treatment). 6. Damage to plants caused by weed competition and herbicide application shall result in replacement plantings at Contractor's expense. B. Weed Control of Hard Surfaces Contractor shall apply an approved herbicide, in the prescribed interval, to remove and control weeds growing in cracks, expansion joints, patios, gutters (cement/asphalt interface), interior park roads, hardscapes, and other contiguous City landscape-hardscape interfaces, in order to maintain the landscape aesthetic. 1. Areas adjacent to paved surfaces shall have minimum margins of relief provided by chemical weed control. a. Systemic, non-selective weed control of adjacent roadside lawns shall not have in excess of twelve (12) inches of bare soil between the lawn and roadway edge. b. Overspray or excessively bare margins shall require replacement plants to be installed. C. Weed Abatement of Fallow or Undeveloped Lands Contractor shall periodically mow unwanted weeds in open space areas, wild areas, and undeveloped portions of City landscapes and vacant City lots. 1. Contractor shall perform weed abatement processes, which maintain the weed population below eight (8) inches, when required throughout the year, but not to exceed four(4) times annually. 2. Any additional frequencies or areas will be paid for as Additional Extra Work (AEW). Qiky iQ-QWCil Landscape MaintenanW serv5Q4 Pagzki/2026 3. Mowing these areas shall be accomplished with a flail mower or weed eater type unit and shall be preceded with an herbicide application to maintain a weed-free appearance. Spoils shall be left on top as a mulch at the end of mowing. 4. Additionally, areas shall be maintained monthly for trash and dumped items. Qiky iQ-QWCil Landscape MaintenanW serv5Q� Pagza/2026 SECTION XII LITTER & DEBRIS MANAGEMENT A. General Specifications Contractor shall provide general cleanup on a daily basis, unless otherwise specified, for the purpose of emptying trash cans and picking up papers, trash, discarded items or debris which may accumulate in the landscape areas; hardscapes within the site(sidewalks, pathways, parking lots, sports surfaces); those City sidewalks that lie directly adjacent to the park or transverse and dissect the median island, vacant lots or backup lots; and all curb and gutter lines that encircle these same sites. This list also includes all other adjacent hardscape elements deemed by the CR to be part of the inventory of the respective Contract landscape areas, lakes, playgrounds, parking lots, internal roadways, and all other park and open space areas. B. Schedule 1. All trash cans shall have full bags removed and replaced with a clean liner by 12:00 p.m. daily. 2. Replacing all plastic trash can liners shall be part of Contractor's routine cleaning process. 3. All litter and debris cleanup shall be performed between the hours of 6:00 a.m. — 12:00 p.m., Monday through Sunday, unless otherwise noted. a. Reserved picnic sites are a priority and shall be cleaned daily by 7:00 a.m., including weekends, holidays, and for special events. Pressure washing may be required as determined by the CR. 4. A route, or order of facilities, that Contractor will follow shall be submitted to the CR and updated as necessary. a. The CR shall be notified immediately if this schedule cannot be met on a particular day. 5. All parking lots and roads shall be swept, blown and/or vacuumed free of debris a minimum of once weekly. This does not replace daily trash and debris clean up. 6. Contractor shall remove all debris resulting from its operations daily and dispose of it off-site at the time of occurrence. a. All debris resulting from any of Contractor's operations shall be removed and disposed of at Contractor's sole expense. No debris shall remain at the end of the workday. 5. All walkways shall be kept clean/clear of debris and plant growth. Care shall be taken not to create unnecessary hazards to pedestrian, bike, or car traffic. 6. Contractor shall not blow grass cuttings/debris into public streets or gutters that have not been previously swept or vacuumed clean. a. Contractor shall remove debris generated adjacent to landscape areas (i.e. sidewalks, streets, gutters, medians). b. All second notice violations will be immediate deductions. 7. Should illegal dumping occur to any of the Contracted sites, immediate disposal shall be performed at no additional cost to the City. Any such dumping shall be reported immediately to CR. 8. Soil spoils on curb areas, including street medians and gopher soil disturbances, shall be cleaned weekly from all areas. Qiky iQ-QWCil Landscape MaintenanW ser5W Pagzkz/2026 C. Pressure Washing The contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation to perform the cleaning services as set forth herein. 1. Pressure Washing: Power washing with the use of hot high-pressure water sprayer (which shall include high pressure hot water washing) for the 100% removal of dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 2. Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 3. During regular cleaning operations, the contractor shall use high pressure, low-volume washers, and steam cleaner as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces. 4. The nozzle pressure of equipment shall not be so great so as the dislodge tile/paver grout or cause damage to hardscape or surfaces. 5. All trash, debris, tar, freestanding oil, grease, liquids, "green waste, "food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substance, and contaminants shall be removed from hardscape and park amenities upon completion of power washing. 6. Contractor shall provide monthly pressure washing schedules. 7. The Contractor shall pressure wash each each designated area with the following recurrence: a. Weekly Basis i. Gazebos or Patio Structures ii. Benches, BBQ's, picnic tables, drinking fountains, other park amenities iii. Playgrounds, equipment and surface iv. Exercise Equipment and surfaces V. Restroom perimeter to include the exterior of the building and the hardscape with 25' radius a. Bi-Weekly Basis i. Sports Courts (Tennis, basketball, volleyball, handball to include the court walls, etc.) ii. Trash Receptacles iii. Bleachers to include 25' radius around locations iv. Dugouts and benches V. Doggie Stations vi. Kiosk and Educational Signs Qiky iQ-QWcil Landscape Maintenanl@Ser Pagzkz/2026 SECTION XIII UNHOUSED AREA CLEAN UP & TASKS A. General Specifications 1. Contractor shall be responsible for cleaning miscellaneous trash items left by unhoused individuals during Contract hours. 2. Contractor shall remove and properly dispose of abandoned items (trash) daily. 3. Interaction with homeless maintenance contractor, CR, City officials and staff, and/or law enforcement personnel may be necessary as it pertains to securing and restoring the imprint. 4. Contractor shall report to the CR regarding interference in contractual execution (unable to mow, pick up trash, etc.) due to unhoused individuals, within 24 hours. 5. Contractor shall report any threatening individuals to the CR immediately. 6. All personal belongings shall be properly bagged and identified with a tape tag indicating location name, date and time of removal, and truck number. These bags shall be stored at a City location. Qiky iQ-QWCiI Landscape MaintenanW ser5Q5 PagzU/2026 SECTION XIV DRAINAGE APERTURES A. General Specifications 1. Contractor shall inspect surface drains (i.e. catch basins, flow structures) located within the landscaped areas daily. 2. Surface drains, including catch basins where applicable, shall be maintained free of obstruction and debris at all times to ensure proper drainage. 3. Contractor shall remove any debris or vegetation that might accumulate to prevent proper flow of water. 4. During periods of inclement weather, Contractor shall take extra care to ensure all drains and drainage areas are kept clear of debris and that water is draining properly. 5. All costs incurred by the City to repaired damage due to improper drain cleaning will be recovered from Contractor. Qiky iQ-QWCil Landscape MaintenanW se Q Pagzkz/2026 SECTION XV PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 1. Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, groundcover or flowers. 2. Work shall be considered as AEW unless otherwise specified. Exceptions are replacements due to Contractor's negligence, as determined by the CR. 3. Contractor shall replace all damaged plant material due to Contractor's negligence within five (5) working days. Qiky iQ-QWCil Landscape MaintenanW ser5W Pagzkz/2026 SECTION XVI GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 1. Plant Health Care (PHC): The Plant Health Care approach to managing trees and shrubs recognizes that, in most cases, plant health problems are the result of many factors, not just a single agent. PHC takes a holistic approach when making management decisions that focuses on plants and their interactions with the living and nonliving elements of the landscape. 2. PHC attempts to prevent problems before they start. Managing plants health involves proper planning, plant selection and a wide range of cultural practices aimed at improving site and soil conditions. When combined with careful monitoring to identify pests in the initial stages these practices greatly reduce dependence on pesticides. 3. All new plant material and irrigation installations shall be guaranteed for a period of one (1) calendar year, unless damage or death of plant material is due to wind, storm, vandalism, riots, war, fire, flood, earthquakes or other events over which the Contractor has no control. 4. Existing plants shall be replaced by Contractor if it is determined by the CR that they were damaged or destroyed due to Contractor's negligence. Qiky iQ-QWCil Landscape Maintenanl@Serv5QU Pagzkz/2026 SECTION XVII REPORTS AND SCHEDULES A. General Specifications Contractor shall submit reports and schedules as requested and as outlined below and in Appendix A and Appendix B. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a deduction. All reports and schedules shall be either provided by, or in a format approved by the City. B. Reports 1. The following are required reports and frequency of delivery by email and followed up by phone call to CR: a. Personnel staffing by area, total employees, total hours— as submitted to DIR b. Pesticide application reports—daily, including NOI c. Pesticide Use Reports— monthly d. Incident and Accident Reports— immediately e. Hazard Reports— immediately f. Refuse—shall be kept on file by Contractor and correlated with an invoice g. Fertilizer application (if applicable) —daily, by site, amount, date, material h. Water truck (if applicable)—gallons per week i. Irrigation system malfunction (central control) or shut down — monthly j. Vandalism —weekly, by site k. Homeless encampments—weekly I. Sports field renovation schedule—will be provided by CR. m.Lake problems or challenges— immediately n. Damage to appurtenances — immediately o. Plant replacement, by area— immediately p. Emergency call out log — monthly q. Consumable goods log — monthly r. Irrigation audits— monthly s. Hardscape cleaning —monthly t. Pest control advisor recommendations — as required by California Code of Regulation u. Safety inspection log for Contractor's yard, equipment, performance - monthly v. Additional Extra Work—weekly, as requested w. Vacant lots log contract completion —quarterly x. Tot lot rototilling — monthly y. DG pathways repair/maintenance—monthly z. Bike trails/Asphalt Cement walkways —monthly Qiky iQ-QWCiI Landscape MaintenanW se 9 Pagz /2026 aa. Pressure washing amenities and playgrounds— monthly 2. Additional reports may be occasionally required to assist the City. These reports shall be detailed, thorough and may include, but not be limited to, the following: bb. Suggestions for improving problem areas; cc. Proposal needed prior to performing any Supplemental Work; and dd. Large scale projects. C. Schedules 1. Monthly Maintenance Schedule Contractor shall provide a maintenance schedule to the City in calendar format within thirty (30) days of the start of the Contract. Schedules shall show the day of the week the operation is to be performed, or the order of rotation areas will be serviced, such as for debris pickup or pruning operations. These schedules will be entered into the work order system and Contractor performance will be evaluated based on this rotation. 2. Required schedules and frequencies of delivery are: a. Mowing services for each park site—weekly b. Shrub trimming (backup lot, medians, parks, MOU) —quarterly c. Irrigation audit—quarterly d. Irrigation evaluation of athletic fields —weekly e. Divot/low spot filling of sports/priority fields—weekly f. Tree raising —weekly, as needed g. Coal bin cleaning —weekly h. Sand lot rototilling — bi-weekly i. Weed abatement (spray followed one [1] week later by string trim) —quarterly j. Weed abatement (vacant lot/wild lot) —quarterly k. Other weed abatement— monthly I. Cleaning of parking lots and park roads—weekly m. Mulching — bi-annually n. Sport court cleaning —weekly o. Groundcover trimming —monthly p. DG surface repair—monthly q. Bike trail chemical edging —monthly r. Special projects and locations—as requested s. Supplemental and locations— as requested t. Irrigation programs—weekly u. Additional Extra Work—as needed v. Lake cleaning —weekly w. Lake debris —daily Qiky iQ-QWCiI Landscape MaintenanW er_10 Pagzk2/2026 x. Other items as requested by the CR —as needed 3. Any other activities that Contractor performs on a regular or semi-regular basis and as determined or requested by the City will require a schedule to be submitted. 4. Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR for review, and if appropriate, approval, within five (5) working days prior to scheduled time for the work. Notification of change in scheduled work due to circumstances beyond the control of Contractor must be received by the City at least 12 hours prior to the scheduled time for work to begin. 5. All schedules shall be of a format either supplied or approved by the City. 6. Contractor shall adjust work schedules within the same week to accommodate all City- observed holidays, during inclement weather, under emergency notification, and for periods of excessive rainfall. Qiky iQ-QWCil Landscape MaintenanW er AI Pagzki/2026 .'__r CITY OF SANTA ANA SECTION XVIII IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 1. Written reports of any repairs or modifications to the irrigation system shall be turned monthly to DR. Failure to do so may delay payment of invoices. 2. Examples of other written reports Contractor shall provide are: a. Monthly irrigation system audit sheet b. Irrigation zone narratives, shall keep a plot plan at the controllers (when applicable) c. Irrigation material purchase request (if applicable) d. Create and maintain an inventory log of irrigation equiptment components throughout the city, by District. B. Irrigation Schedules 3. Contractor shall provide an Irrigation Controller Program Log for each manual controller by area within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the Irrigation Controller Program Log. 4. Contractor shall provide to the City a schedule of all manually-watered areas, including those where use of a vehicle is required, within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the schedule. Qiky iQ-QWCiI Landscape MaintenanW er-U Pagza/2026 SECTION XIX CIVIC CENTER A. General Specifications 1. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed. Downtown Civic Center Grounds and Landscape — The Downtown Civic Center Area is the home of federal, state, county, and city government for Orange County. The classification of maintenance required at this site is considered "high-end commercial." 2. All pedestrian hardscape areas, including but not limited to plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc., shall be blown and/or swept clean daily; Monday - Friday. The Contractor is not responsible for blowing parking lots, only for litter removal. Contractor is not responsible for pressure washing. 3. All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. 4. All trash receptacles shall be emptied daily, seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser and polished continuously as stains appear. 5. All cigarette urns shall be sifted daily Monday, Wednesday, and Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 6. All drinking fountains shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Monday, Wednesday, and Friday of each week. 7. All trees below 15' shall be pruned four (4) time per year (first week in January, April, July, and October) using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. 8. All shrubs requiring hedging shall be trimmed every two weeks. 9. Replace all 52 state flags in the Plaza of the Flags the first week of January and July of each year. Flags to be provided by City. 10.All turf in the Civic Center area is considered priority turf. 11. Perennial/Annual Color: All perennial/annual color beds shall be maintained and planted/rotated three (3) times per year(first week of January, May, and September) as detailed in Attachment 5. 12. Fertilization: Cyad and Palms shall be fertilized two (2) times per year (first week in March and September) per the City's agronomic plan. 13.The Contractor shall be required to clean trash and large debris in parking lots in the Civic Center. The work shall be performed in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 14.All signage, drinking fountains, concrete pads, trash receptacles, site furniture, bollards, concrete or asphalt areas with stains around trash receptacles, security Qiky iQ-QWCII Landscape MaintenanW er 5c13 Pagzkz/2026 lights, park benches, walls, and the pavement beneath them and other Civic Center amenities shall be cleaned daily. 15.The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. 16.After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all Civic Center areas within twenty-four hours (24 hrs.) at no additional cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 17. Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 18.The Plaza of the Flags shall have flags displayed at all times. The Contractor shall visually inspect the flags every day to assure they are in good condition. Should, in the opinion of the DR, any flag is not in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request a new flag from the DR. Contractor shall raise the new flag immediately upon receipt from the DR. The Contractor shall replace all flags twice a year (January, July) with flags provided by the City. 19.Japanese Garden Pagoda shall be cleaned daily. B. Annual Color Planting and Maintenance Specification at Civic Center 1. Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. 2. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). 3. Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that maybe planted at different times of the year may include but not be limited to the following annual bedding plants: a. Spring/Summer—April through October 1 Qiky iQ-QWCil Landscape MaintenanW er 5c14 Pagzkz/2026 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias b. Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus C. Vandalism 1. Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. 2. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. D. Quality of Life Team (QOLT) (Civic Center) 1. Homeless and Transient Encampent Clean Up a. Contractor shall remove transient/homeless encampments that may include, but is not limited to tents, soiled clothing, blankets, human feces, hypodermic needles, and items listed above. Clean up multiple encampment sites shall be scheduled or on an on-call basis. b. Work will consist of surveying sites, collecting debris, dismantling temporary structures, removing trash, and disposing of all debris at a local facility specified by the City. Jobsites can be in heavy foliage, embankments, train tracks, creeks and other areas requiring alertness to the environment and pre-planning to prevent injury or illness. C. Contractor shall remove unwanted natural or environmental materials including, but not be limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar. 2. Removal and disposal of debris/rubbish, including: a. Trees, cut brush, dead trees, tree limbs, and similar materials, b. Furniture, mattresses, appliances, scrap metals,junk, automobile parts or machinery, tires, televisions and other electronic devices, c. Structure demolition, including wood frame, concrete, asphalt, bricks or other construction debris, d. Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter, e. Hand sweeping (or blowing) of streets, alleys, sidewalks and similar areas. 3. Contractor may be required to occasionally perform confined space clean-up for entry into designated areas. Qiky iQ-O dl Landscape MaintenanW er_15 PagzO/2026 4. Contractor may be assigned to work alongside Santa Ana Police Department and Social Services/Outreach Support Workers when clearing transient/homeless encampments. 5. Immediately contact the City of Santa Ana Police Department in the event that weapons are found. Under most, circumstances, the City's Police Department will have confiscated weapons and illegal contraband prior to the arrival of the Contractor. 6. Contractor may be required to post City provided "Notice to Clean or Remove Property" signs at the work site prior to the commencement of each removal project as established in the work-scope and as directed by City representative. Depending on circumstances, this posting may occur 24-hours from the date of the clean up or as determined by the Projects Manager. Contractor shall photograph posted notices to document time and location of posting as instructed by Projects Manager and City. 7. Contractor may be required to bag and identify personal property left behind at clean-up sites and transport them to a place designated by the Projects Manager or City. Guidelines for property identification will be provided by the City. Such items include but are not limited to items in good repair such as organized backpacks, clean and clearly identified medication, eye glasses in good condition, wallets, handbags, jewelry, operating watches, non-soiled duffel bags, and non-soiled and organized bedrolls. 8. General: a. Furnish all labor, equipment, materials and supplies (including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on City streets, alleys, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance. b. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract. 9. Staffing: a. Mobil Unit: Two (2) full-time employees from Monday—Friday from 7 am- 4 pm to collect, bag, and tag lost and abandoned property with the QOLT team. b. They required a full-size vehicle with an electric dump trailer, or equivalent, to assist with homeless refuse pickup. c. City Yard Storage: One (1) full-time employee from Monday-Friday from 7:30-4:30 managing the storage facility center located at the City Yard. d. No vehicle is required. e. Staff should be trainable by City Staff and SAPD for homeless property pick up and storage. Qiky iQ-QWCiI Landscape MaintenanW er 5c1Q Pagzkz/2026 SECTION XX LAWN BOWLING A. General Specification, Lawn Bowling Mowing, irrigation, and fertilizing are the primary turfgrass practices needed to sustain a turf surface of acceptable quality on a bowling green. Mowing, irrigation, and fertilizing are interrelated to such a degree that a reduction in leaf area by reducing the mowing height or using the vertical mowers too aggressively would require an adjustment in the frequency and intensity of fertilizing and irrigation. Throughout the growing season, the turfgrass grows both vertically and horizontally. When the turfgrass grows, it gets longer, and the matt gets thicker. Correct mowing of the lawn bowls green maintains the smooth and consistent rolling of the bowls, and the grass shall not get longer and thicker to maintain an ideal playing surface. 1. Equipment required for The Santiago Park Lawn Bowling Greens are required: a. Scott Bonner 30" Queen Mower 16-blade reel mower with a Honda 5.5 hp gas engine, OR EQUAL b. Groomer OJLBC-20002-08, OR EQUAL c. Sand Spreader OJLBC-2005-07, OR EQUAL d. GROUNDSMAN AERATOR OJLBC-1998-05Model 460, OR EQUAL B. Mowing 1. Bowling at the Santiago Park greens must be done in a north-south direction. Mowing should be done at a 45-degree angle to the roll of the bowl. Therefore, the mowing directions at the green should be northwest to southeast or northeast to southwest. Contractor must perform mowing as follows: a. These directions should be rotated each time mowing is done. b. During the months of April through November, mow two (2) times per week; set mower height to 1/8". c. During the months of October through March, mow once per week; set mower height to '/4'. d. Overlap each pass of the mower by 50%. e. The Scott Bonner blade is sharpened at a 90-degree angle, enabling the blade to be removed and reversed. When both sides of the reel are dull, the blade is removed and back lapped. 2. Dethatching/Verticutting : a. Contractor must remove thatch material to allow proper water and nutrient permeability. Thatch is a buildup of dead and decaying herbaceous material at or slightly below the ground level. If thatch remains, the turf builds up unevenly and is more susceptible to fungus infections. The thatch slows the roll of the bowl and can alter the course of the roll. b. Contractor must remove thatch during the months of April through November Verticut, dethatch, and level green twice a week. Set cutting blades' height to inch in depth. Qiky iQ-O dl Landscape MaintenanW er 5c17 Pagzkz/2026 3. Grooming: a. Contractor must perform grooming services during the months of April through November every year. b. Contractor must groom grass twice a week as described on page 6 of greens maintenance manual. Schedule work for Tuesdays and Thursdays. Set the cutting blades depth to 1/16 inch. 4. Aeration: a. Contractor must perform aeration during the month of March every year. b. Conractor must plug with %2-inch diameter 6-inch long hollow tines. Remove debris from the greens after plugging. Backfill the empty holes with pure washed sand sieve #60, approximately 7 tons. c. After aeration, coordinate fertilization with the IPM contractor(separate contractor) and immediately finish by watering. Qiky iQ-QWCil Landscape MaintenanW er 5c1U PagzhZ/2026 SECTION XXI CENTENNIAL PARK A. Centennial Park: The Contractor shall clean and maintain the following areas of Centennial Park: 1. The parking lot south of Rancho Santiago College is a part of the agreement site. 2. The unimproved planting area east of Rancho Santiago College is a part of the agreement site. 3. The irrigated area outside of Dan Young Soccer Complex to the west is a part of the agreement site. 4. The Contractor shall pressure wash off daily from pedestrian hardscape areas bird droppings. SECTION XXII VACANT LOTS A. Vacant Lots The Contractor shall perform daily blowing-off, trash and debris removal, including managing weeds. 1. 101h and Flower 2. 1st and Mountain View 3. Bristol and Tolliver 4. Bristol and Myrtle Qiky iQ-QWCil Landscape MaintenanW er 5c19 Pagz /2026 SECTION XXIII SANTA ANA STADIUM A. Santa Ana Stadium The historic Santa Ana Stadium is a premier youth football and soccer venue. In addition to the standard Grounds-Landscape Specification, the following special maintenance shall be performed: 1. All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown and/or swept clean daily, seven (7) days per week. 2. All parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean once per week, on Thursdays. Trash shall be picked daily. 3. All site amenities, including but not limited to, signage, player benches, hand railing, public telephones, etc., shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Friday of each week. 4. All grandstand bleachers shall be inspected continuously and wiped clean as stains and dirt appear. 5. All turf in the Stadium area is considered priority turf. 6. All surfaces within the Stadium (including tunnels, bleacher areas, all walkways, seats) shall be high pressure washed quarterly (the third Monday of July, October, January, and April) to remove stains, gum, candy, dirt, etc. See pressure washing scope. 7. The contractor shall be able to provide additional staff for special events, before and after, at the stadium to handle the additional trash and debris.These special event services shall be billed per event. Qiky iQ-QWCiI Landscape MaintenanW ser520 PagM/2026 SECTION XXIV SANTA ANA ZOO A. Santa Ana Zoo (Zoo) The Santa Ana Zoo was established in 1952 and is a 20 acre zoological park and botanical garden. Due to the sensitivity of the animals at the zoo and unique plantings, there are some variances from the standard Grounds-Landscape Specification. The following special maintenance shall be performed for the Zoo site only. 1. The Contractor shall use electric-powered equipment in the course of providing service at the Zoo. Gas powered equipment is not allowed unless approval is granted by the CR. 2. All turf at the Zoo is considered casual turf. Casual turf at the Zoo shall be mowed using a Mean Green Mowers EVO or equivalent commercial electric mower as approved by the CR. 3. The interior courtyard adjacent to the cafe and playground sees the highest use levels of all turf areas at the facility. This location should be overseeded and renovated as needed throughout the year to maintain consistent turf quality, aesthetics, and provide the highest amount of usability for visitors. This should be coordinated with the CR for the Zoo. 4. Tree Edging No-Mow Turf- Trees maintained with natural no-mow lawns (i.e. Carex sp.) shall not have shovel cuts around trees. 5. All mulch at the Zoo shall be 2" minus composted mulch applied to a 2" thickness unless approved by the CR. Mulch shall not cover root flare of trees and the base of shrubs leading to plant health issues. 6. To lessen the impact on daily Zoo operations and provide the best well-being for the animals, tree pruning specifications include trees up to 30' height with DBH less than 18". This is restricted to the interior of the Zoo and immediately adjacent to animal habitats. This specification allows for ornamental pruning of small and moderate sized trees to occur throughout the year along with routine landscape maintenance services. This has the effect of spreading out the burden on the facility and drastically reduces the amount of time areas need to be closed off to the public. Large trees and trees outside the public areas are not included. Please see attached diagram for a map. 7. An ISA TRAQ Certified Hazardous Tree Professional shall evaluate all Zoo trees and provide a written report using the Arbor Access Tree Management Software program (or an approved equal) one time only within six months of the start of the contract. 8. Tree Establishment — "Treegator" Slow Release Watering Bags or similar shall be provided for newly planted trees as determined by the CR, Gator Bags shall be filled weekly for the first two growing seasons. 9. California Natives and Drought Tolerant Shrubs- Selectively prune and trim all native plants during appropriate seasons to ensure pedestrian paths, walkways and sidewalks are not impeded or as necessary based on best horticultural practices. (i.e. Romneya coulteri pruned to 6" in late summer or fall, Salvia clevelandii pruned in fall, Zauschenria sp. established plants cut back hard in winter after flowering. 10. Bamboo - Dead, old, small, leaning or misshapen culms shall be removed annually. Cuts shall be made as close to the ground as possible and straight across so there Qiky iQ-QWCil Landscape MaintenanW ser529 PagM/2026 are no dangerous, sharp points sticking out of the ground. Care shall be taken to avoid damaging newly emerging culms. The CR will provide additional direction on which clumps may be topped to increase the screening effect or "legged-up" for aesthetics. Giant timber bamboo shall be maintained with a minimum of 12" distance from building foundations. 11. Epiphytic Specimen Plants - Epiphytic plants (Platycerium sp., Bromeliads, Anthurium sp., Tillandsia sp., Laelia sp., etc.) require special attention and may not have dedicated irrigation systems. These specimen plants shall be hand-watered at varying intervals depending on the time of the year based on horticultural requirements. Platycerium shall be fully drenched including the fronds. 12. Ornamental Grasses - All Cortaderia selloana (pampas grass) specimens smaller than four feet in diameter shall be removed immediately and disposed to control invasiveness. Warm-season grasses shall be cut to the ground in fall or winter consistent with best horticultural practices. Ornamental grasses shall be cut within 6"with a flat top and not mounded. Large clumps(5+ seasons) only exhibiting growth around the edges of the clump shall be dug up, divided, and replanted. Thysanolaena maxima specimens shall be minimally pruned to maintain form and tidiness. 13. Animal Enclosures&Animal and Human Safety - The Contractor's workers must not enter animal enclosures without prior approval from the Zoo Manager or their representative. Workers must not touch or feed any of the Zoo's animals. In the event of an escaped dangerous animal, the workers will be asked to stop work immediately and evacuate the zoo. Annually, the Contractor shall provide their employees working in and around animal exhibits with basic training on zoonotic disease prevention and common-sense sanitary measures. The Contractor shall meet with the Zoo Director or their representative for relevant information before commencing work. 14. Gutter Maintenance-The Contractor shall pay attention to clearance of gutters within the Children's Zoo area to prevent blockage and the growth of weeds. 15. Zoo Closure Days - The Zoo is closed to the public on Thanksgiving Day, Christmas Day (December 25), and New Year's Day (January 1). The Zoo is open all other holidays. The Zoo may be closed to the public during severe inclement weather. Closure days are subject to change by the CR. 16. Rock Mulch Groundcover - Cactus and succulent beds are to be mulched with Dos Rios Pebbles 3/8" by Southwest Boulder and Stone or equivalent type to match existing as approved by DR. Pebble mulch shall be maintained at a 1" depth and kept off adjacent walkways. 17. General Maintenance, Daily Maintenance - All trash and debris (branches, glass, metal, paper, etc.) on the ground or in trash receptacles shall be removed from all worksites, landscaped and paved areas each day Monday through Sunday before 10:00 a.m., when the Zoo opens to the public. All organic debris (twigs, leaves, fruit, sand, gravel, rock, wood chips) on the pathways shall be removed from paved areas each Monday and Friday before 10:00 a.m., when the Zoo opens to the public. DG pathways shall be maintained through limited blowing and raking to reduce particulate pollution and dust in animal habitats. 18. Washing Landscape Material -To maintain plant health and aesthetics, plant material shall be washed down on a regular basis to remove any accumulated dust and cobwebs. Qiky iQ-QWCiI Landscape Maintenanl@Ser Pagzg/2026 19. Inspection of Perimeter Fence—Daily, the Contractor shall inspect the integrity of the chain link perimeter fence for breaches and advise the Zoo Director or CR of issues. 20. Trimming and Weed Removal within Exhibits— a. Quarterly, the Contractor shall blow-off leaf litter accumulating on animal exhibit roofs, netting, cages, etc. including, but not limited to, Colors of the Amazon Bird Aviary. b. Monthly, the Contractor shall inspect plant material in the animal exhibits for damage to the netting and trim plants pushing through animal exhibit roofs, netting, cages, etc. to prevent damage. c. Contractor shall perform weed removal in the Anteater and Amazon's Edge exhibits. 21. Pressure Washing - The Contractor shall perform weekly and as necessary pressure washing of paved areas, site furniture, drinking fountains, etc. in the cafe eating area. 22. Resetting Seating —The Contractor shall, Monday through Sunday, before 10:00 am each morning, reset all tables and chairs in the Zoo. 23. Blowing-Off Exhibits — The Contractor shall blow-off/clean animal exhibit roofs, netting, cages, etc. on a routine basis. Prior to performance, the Contractor shall coordinate with the CR. 24. Storm Drain Maintenance — The Contractor shall continuously maintain the Zoo's storm/area drains, including the filter fiber by keeping them clean and free of debris. The Contractor shall change the storm/area drains filter fiber, which shall be provided by the Zoo, as necessary. 25. Weekly Meeting —The contractor shall plan to have a standing weekly meeting with the CR and involve the IPM representative in the meeting. 26. All IPM and Agricultural pest control services at the Zoo only shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. Qiky iQ-O dl Landscape Maintenanl@Ser523 PagzhZ/2026 APPENDIX I TERMINOLOGY A. Interpretation /Terminology The following terms are for convenience and reference only and are not intended to define or limit the scope of any provision hereof. The following words shall be construed to have the following meanings, unless otherwise apparent from the context in which they are used: 1. As Needed: To maintain the grounds in a clean appearance as determined by the City. The intent is to permit the City to receive services beyond the scheduled frequencies on an occasional basis. Should a service be needed on a consistent basis the City shall amend the Contract with Contractor subject to approval by the City Council. 2. Additional Cleaning (or Operation): The completion of all maintenance tasks, in whole or in part, to ensure that the specified conditions resulting from the "Initial Cleaning" or"Initial Operation" sustained or retained. 3. Appurtenances: Objects or features, which are component parts of the areas to be maintained. Appurtenances include, but are not limited to: seat walls, bollards, valve boxes, bike racks, fences, walls, monument pedestals, decorative features, benches, picnic tables, light standards/flag poles, handrails, electrical panels and transformer enclosures, and signage. 4. Sport/Priority Turf: Grass surfaces are maintained for the goal of primarily providing a smooth, safe playing surface for sports. 5. Automated Irrigation System: Valves, sprinklers, etc., that are operated using a controller which functions electrically, hydraulically, or thermally. 6. Biopesticide: Certain types of pesticides are derived from such natural materials as animals, plants, bacteria, and certain minerals. 7. BMP: Best Management Practices are identified by individual industry and must be incorporated into the operational management of the Contract. 8. Centrally Operated Irrigation System: Sprinklers, valves, etc., are turned on remotely from centralized software. 9. Confined Area: An area of turf bordered on three (3) or more sides by shrub beds, planters, hardscapes, walls, fences, play areas, decomposed granite areas, or other like borders. 10. Contiguous Hardscape: Hardscape medians that are on the same street as the landscaped medians and continue through to the next major intersection. 11. CR: City Representative. 12. EIC: Employee in Charge. 13. Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate assistance or relief. 14. AEW: Authorized Extra Work not in the contract to be approved by CR before City Council 16 — 524 7/7/2026 starting or completing. AEW's will state the hourly rate of each laborer and trade to make the repairs, sample sheet attached. However, in case of a callback for workmanship failures approved through the AEW, the city will deduct a similar rate to make the corrections via a failure to perform (FTP). 15. ET: Evapotranspiration, or the water lost from a plant system due to evaporation from soil or transpiration of water through the plant. 16. Casual Turf: All grass locations which are primarily used for leisure activities and not used for sports. Not sports or priority 17. Green Waste: Any waste from vegetation, including but not limited to: tree trimmings, grass cuttings, dead plants, leaves, branches, wood and dead trees, and similar materials naturally occurring within the subject areas, or generated as a result of services provided by Contractor. "Clean Green Waste" shall not contain more than 10% contaminants. 18. Hardscape (or Hardscapes, Hardscape Areas): Sidewalks, walkways, patios, quads, game courts, bike paths, paved areas, and like surfaces. 19. Hazard: Anything likely to cause a person or animal harm. 20. Homeless imprint: An area defined by belongings, including personal items such as tents, carts, tarps, blankets, furniture, and food, which appears to be a settled area. 21. Initial Cleaning (or Operation): The first cleaning or first maintenance operation of several scheduled for a given day. 22. Interior Roads: Roads that are contained within the boundaries of a given area. 23. Litter: All paper, plastic, cans, bottles, or other material discarded in or on any location within the Contract area other than in a trash container provided for that purpose. 24. Non-emergency: An unplanned service requirement that needs additional attention in a prescribed period. 25. Pesticide: Products that prevent, destroy, repel,or mitigate a pest, or which are plant regulators, defoliants, desiccants, or nitrogen stabilizers. A registered chemical is identified using an EPA and/or Cal Registration Number, or both. 26. Recyclable Material: Plastic, glass, or aluminum materials have economic value when separated from trash. 27. Repair or Replace: Equipment or property shall be repaired or replaced as determined by the City with like kind and quality. The intent is to maintain the equipment or property in good condition and consistent with the current model brand or manufacturer. 28. ROC: Rail Operations Center. 29. ROW: Right-of-way. 30. SDS: Safety Data Sheet 31. Spot Cleaning: The cleaning of only those portions of a floor, walkway, wall, fixture, table, furnishing, handrail, bench, or other surface(s) which are soiled (dirty, stained, marked, smudged, etc.), where the entire surface may not be sufficiently soiled to warrant cleaning the entire surface. The contractor shall City Council 16 — 525 7/7/2026 interpret the term "spot cleaning" to include the complete cleaning/washing of any surface which does not or would not, have a clean, uniform appearance after the cleaning of only portions of that surface. 32. Street Sidewalks (or External Sidewalks): Sidewalks or paved walkways that parallel streets, and which may exist on the perimeter of or adjacent to the areas to be maintained. 33. Trash: All litter, garbage, refuse, rubbish, dead fish and birds, human or animal feces and other materials and substances discarded or rejected as being spent, useless, worthless, or waste. 34. Pressure Washing: Power washing with the use of high-pressure hot water spray to remove dirt, stains, oil, tar, and residue to present a high-quality appearance following each visit. 35. Failure to Perform (FTP): Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. 36. Compost: The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be i) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7; or ii) produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State's composting operations regulatory requirements. 37. Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). 38. Recovered Organic Waste Products: Products made from California, landfill- diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. 39. SB 1383: Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 40. SB 1383 Eligible Mulch: Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section City Council 16 — 526 7/7/2026 18993.1(f)(4) for the duration of the applicable procurement compliance year. FOR PROPOSERS' REFERENCE ONLY City Council 16 — 527 7/7/2026 APPENDIX II ADDITIONAL TERMS AND CONDITIONS City Council 16 — 528 7/7/2026 TABLE OF CONTENTS SECTION 1. CONTRACT REQUIREMENTS 1.1 Independent Contractor 1.2 Contract Transition 1.2.1 Transition In 1.2.2 Transition Out 1.3 Hours and Days of Maintenance Services 1.3.1 Scheduling of Operations 1.3.2 Service Schedules 1.4 Non-Interference 1.5 Consumable Materials and Supplies — Contractor-Supplied 1.6 Consumable Materials and Supplies — City-Supplied 2. RESPONSIBILITIES OF THE CONTRACTOR 2.1 Inquiries and Complaints 2.2 Safety 2.3 Vehicles and Equipment 2.4 Locks and Keys 2.5 Service Yard and Storage Area(s) 2.6 Utilities 2.7 Traffic Control 2.8 Bloodborne Pathogens and Biohazardous Material 2.9 Accident Reporting and Site Securing 2.10 Vandalism 2.11 Cooperation / Collateral Work 2.12 Protection of Existing Facilities and Structures City Council 16 — 529 7/7/2026 2.13 Protection of Property During Inclement Weather (Emergency Response) 2.14 Emergency Numbers and Emergency Call-Outs 2.15 Contractor's Staff 2.16 Work and Workmanship 2.17 Supervision and Special Skills 2.18 Management and Enforcement 2.19 Contact with Minors 3. EXECUTION OF WORK 3.1 Subcontracting 3.2 Contractor Hiring 3.3 Notice Requirements 3.4 Default by Contractor/Termination 3.5 Temporary Suspension of Work 3.6 Damage Caused by Contractor 3.7 Non-Emergency Call-Outs 3.8 Work Not Included 3.9 Signs / Improvements 4. ENVIRONMENTAL REQUIREMENTS 4.1 Environmental Requirements 4.2 Refuse Disposal 4.3 Hazardous Materials 4.4 Sound / Noise Control Requirements 5. CHANGES TO THE CONTRACT 5.1 City's Right to do Work 5.2 Changes in Service City Council 16 — 530 7/7/2026 5.2.1 Special Events 5.2.2 Construction Activity and Maintenance Functions 5.3 Special Requests 5.3.1 Soil and Plant Testing 6. CONTRACT ENFORCEMENT AND EVALUATION 6.1 Contract Enforcement 6.2 Performance Evaluation City Council 16 — 531 7/7/2026 SECTION 1 CONTRACT REQUIREMENTS 2.1 Independent Contractor The Contract between City and Contractor is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership,joint venture or association, as between the City and Contractor. The contractor understands and agrees that all persons furnishing services to the City under this Contract are, for purposes of Workers' Compensation Liability, employees solely of the Contractor and not of the City. The contractor shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder. 2.2 Contract Transition 2.2.1 Transition In Contractor shall provide a written statement of their transition plan to include potential personnel who will be on the transition team and their roles, subject to City approval. Also included shall be sample timelines illustrating when the Contractor will be fully in place and performing all tasks. The anticipated transition period will be three (3) months. A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel-cut all tree rings; 2) raise all trees; and, 3) mulch all areas; 4) irrigation audits; 5) pressure washing appurtenances; 6) and repair DG paths. The Contractor acknowledges that each site's irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each site's rotors/heads and lateral irrigation lines. Following the initial agreement for start-up repairs, the Contractor shall assume responsibility for future repairs (see Appendix D 2.4 herein). 2.2.2 Transition Out Contractor shall work in good faith with the City to transition out of the service, should a new Contractor be selected. The storage areas used by the Contractor shall be left in an orderly manner. All materials and equipment owned by the Contractor shall be removed from storage areas in a timely manner. Upon Contract completion, all keys, cards and remote controls given to Contractor shall be returned to the City's designed City Representative (CR) with a final walk-through with the Contractor and the CR. 2.3 Hours and Days of Maintenance Services 2.3.1 Scheduling of Operations a. Normal work hours are from 6.00 a.m. to 6 p.m., Monday through Sunday, unless City Council 16 — 532 7/7/2026 otherwise specified. The contractor shall perform work at such times as to minimize disturbance or interference to the residence and pedestrian or vehicle circulation (e.g., early morning mowing or irrigation checks, etc.) No routine mowing or pruning shall occur on Saturday or Sunday unless pre-approved by the CR(s). Only those tasks related to cleaning or trash shall become routine on Saturdays and Sundays. b. The contractor shall perform work following the pre-approved schedules during City business or non-business hours, depending on the needs of the facility where work is performed. C. Changes in the schedule by the City may be made with five (5) business days advance written or verbal notice to the Contractor. d. The contractor must notify the CR(s) of any problems or service interruptions within twenty-four (24) hours or the next business day. Unavoidable service disruptions may be completed at a later date at the discretion of the CR(s). e. Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. f. Repeated service interruptions without justification or approval of the CR(s) shall be subject to action provided for herein. g. The contractor shall provide adequate staffing to perform the required services during the prescribed times. h. Any changes in the days and hours of service heretofore prescribed shall be subject to approval by the CR(s). i. The contractor shall be available for on-call services twenty-four (24) hours a day. j. Non-emergency on-call requests shall be responded to within four (4) hours of notification by the City representative or as mutually scheduled and agreed to by Contractor and City representative. k. The contractor shall respond to all requests for on-call emergencies within one (1) hour of notification by the City representative. (Explained further in Section 3.14) I. On-call service rates shall be based on Contractor's hourly rate as quoted in Appendix E for such work. m. Certain maintenance tasks may have time restrictions or extended time requirements. The contractor must observe and respond to these restrictions and requirements. n. The contractor shall adjust schedules to meet the Specifications and compensate for all City observed holidays. 2.3.2 Service Schedules City Council 16 — 533 7/7/2026 a. The contractor shall, within 30 calendar days of the effective date of the Contract, submit all work schedules to the CR(s)for review and approval. Said work schedules shall be based on a twelve-month calendar and be in a format approved by the City. b. Any other activities that the Contractor performs on a regular or semi-regular basis, as determined by the City, will require a schedule to be submitted upon request by the City. C. The contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR(s) for review and if appropriate, approval within five (5) working days before the scheduled time for the work. d. At the discretion of the City, monthly meetings (or at an increased frequency if deemed necessary by the City) between the Contractor and the CR(s) may be scheduled to determine progress and address any changes in schedules, problem areas, etc. e. Changes or variations in scheduling may be necessitated by City special events, recreation classes, reservations, etc. The contractor shall adapt any or all schedules to the City's requests. 2.4 Non-Interference The Contractor shall not interfere with the public use of the sites and shall conduct its operations as to offer the least possible obstruction and inconvenience to City employees and the public or disruption to the peace and quiet of the area within which the services are performed. In the event of recreation programming issues, special events, etc., the Contractor may be required to alter the schedule to avoid interfering and may be required to return at a later time to meet the task and frequency. 2.5 Consumable Materials and Supplies — Contractor-Supplied The contractor, as a component of the cost proposal, shall provide all of the following items: a. Trash can liners (except at the zoo facility) b. Cleaning agents, spotting agents, polishes C. Disinfecting cleaning agents d. Cleaning-related supplies e. Chemicals (as specified) f. Pest/weed control chemicals (as specified) g. Annual plant materials or any plants that die due to delayed irrigation repairs h. Mulch/topdressing per the contract specifications City Council 16 — 534 7/7/2026 i. Brick dust j. Grass seed (as specified) k. Fertilizer (as specified) I. Tree stakes and ties m. Dog bags for Doggie Dispenser No additional payment will be made for these materials. All Contractor provided chemicals, cleaning agents, and materials are subject to review and approval by the City. 2.6 Consumable Materials and Supplies — City-Supplied The City will supply, at no cost to the Contractor, the following items: a. All replacement plant material (not including annuals), except those damaged by the Contractor. b. Irrigation replacement parts (as specified) C. Trash cans d. Playground sand and bark e. Signs —water conservation for medians, water audit, field renovation f. City will be provide DG as needed per the specifications. g. Trash can liners (at the Zoo facility only) The contractor shall request these materials from the CR(s), and shall ensure proper and secure storage of these materials in an area specified by the CR(s). The contractor shall also ensure proper distribution and monitoring of these materials/supplies to prevent waste, theft, or other abuse. The contractor shall provide a log specifying where and when supplies have been used, and this log shall be made immediately available to the City upon request. City Council 16 — 535 7/7/2026 SECTION 2 RESPONSIBILITIES OF THE CONTRACTOR 3.1 Inquiries and Complaints 3.1.1 The contractor shall maintain a telephone at their facilities, listed in the telephone directory in its name or in the firm name by which it is most commonly known. At this location, during the daily hours of maintenance operation, the Contractor shall have some responsible person(s), who is proficient in English, employed to take the necessary action regarding all inquiries and complaints that may be received from the City. An answering service shall be considered an acceptable substitute to full-time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. 3.1.2 During regular working hours, the Contractor's Foreman, or an employee responsible for providing maintenance services, shall be available for notification and able to respond through electronic communications within 30 minutes. 3.1.3 During regular days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage, the City may, after a reasonable attempt to notify the Contractor, cause such action to be taken by the City workforce and charge the cost thereof as determined by the City to Contractor or may deduct such cost from an amount due to Contractor from the City. 3.1.4 The Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken thereto or the reason for non-action. The complaints log shall be open to inspection by the City at all reasonable times. The City will maintain work order and email files. 3.1.5 All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or the Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City. Such cost shall include all City staff time required to resolve the problem and appropriate overhead charges. 3.2 Safety 3.2.1 Contractor shall provide a safe workplace and comply with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) laws and regulations and any other applicable law, rule, regulation, ordinance and risk management standards. The contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. All City Council 16 — 536 7/7/2026 hazardous substances shall be listed per site, and Safety Data Sheets (SDSs) available at all times. 3.2.2 The Contractor shall be responsible for inspecting, identifying, and securing any condition(s) that renders any portion of a site unsafe and any unsafe practices occurring thereon. The CR(s) shall be notified immediately of any unsafe or undesirable condition(s) via email, phone, or instant messaging ensuring that it was received. This includes, but is not limited, to the following: a. Damaged/inoperable fixtures, hose bibs, or irrigation components b. Running water, irrigation breaks, weeping valves, etc. C. Evidence of arson, vandalism, or other crimes d. Damaged signs or drinking fountains e. Damaged benches or tables f. Graffiti g. Hypodermic needles or condoms h. Large amounts of blood or feces i. Hazardous or suspicious materials/items j. Insect, rodent, or bird infestations k. Homeless persons or their possessions I. Items lost by patrons m. Poor turf conditions (i.e., holes, tripping hazards, uneven surfaces, gopher holes) n. Damaged fencing (i.e., holes, loose posts, missing fasteners) o. Standing water, saturated turf, dry spots p. Lake conditions including dead or sick wildlife, water quality issues q. Downed tree limbs r. Unsafe walkways S. Unstable trees t. Improperly supported trees (i.e. stakes, trees) u. Other hazards, as applicable 3.2.3 The contractor shall be responsible for making minor corrections including, but not limited to: using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor-damaged valve box covers, and securing any damaged apparatus to protect members of the public or others from injury. 3.2.4 If needed, the Contractor shall assist the public by summoning emergency assistance at the site. The contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, beginning with immediate notification, and then a complete written report of the nature of the issue to the City within five (5) days following the City Council 16 — 537 7/7/2026 occurrence. 3.2.5 The contractor shall also ensure that: a. Vehicles, equipment, and hand or power tools are not left unattended or laying on walkways, grounds, or appurtenances where patrons may be put in jeopardy. b. Operator and machine safety equipment shall be in place and operational. C. Machine speed and operational characteristics shall match manufacturer's recommendations. d. Transport and operation speeds shall be within the maximum limits established for the site. e. After the protection of public safety, the preservation of site equipment, appurtenances, infrastructure, and public activities shall be paramount. f. Debris from operations shall not be allowed to compound existing conditions on hard surfaces and public access areas. All debris deposited on these areas as a result of the Contractor's work shall be cleared from hard surfaces and public access areas before leaving the site that day. g. The contractor shall remedy hazardous materials on site which result from Contractor's work and shall properly dispose of the materials off-site. The contractor shall notify all appropriate agencies. h. Malfunctioning equipment shall only be left on site with barricading, tagging, and reasonably supervising it until repairs are affected. In no case shall the equipment be left on site overnight. i. During all operations, the Contractor shall be subject to local ordinances regarding noise levels (see NOISE in Santa Ana Municipal Code). Any scheduling of the Contractor's operations may be modified by the City at no additional compensation to the Contractor to ensure that the public is not unduly impacted by the noise of equipment or operations. j. Fuels and additives shall not be left exposed or accessible to patrons. k. Fueling and repair operations shall be performed off of turf areas and away from patron activity. I. All pesticides shall be handled appropriately and safely. 3.3 Vehicles and Equipment 3.3.1 The contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment. 3.3.2 The contractor shall immediately repair or replace all equipment deemed by the CR(s) to be unsafe, irreparable, or in unsatisfactory condition. 3.3.3 The contractor shall provide and properly maintain all necessary vehicles and equipment including, but not limited to: vehicles, mowers, edgers, saws, blowers, water hoses and City Council 16 — 538 7/7/2026 nozzles, squeegees, and high-pressure/low-volume sprayers. 3.3.4 All vehicles shall display Contractor's name with an approved City service statement visible, such as: X.Y.Z. Contracting, Inc. Serving the City of Santa Ana A prototype of the magnetic placard shall be submitted to the City for approval within 30 days of the award of the Contract, with the placement of the placards on all vehicles operating within the City limits to take place within 60 days following the recognition of the Contract. 3.3.5 All equipment shall receive scheduled preventive maintenance to promote equipment reliability and ensure optimum performance at all times. 3.3.6 All equipment is subject to CR's approval. 3.3.7 Equipment failures that happen more than three (3) times in one (1) month will be subject to deductions and a directive to replace the unreliable piece of equipment. 3.3.8 In preparing the proposal, the Contractor shall consider the following conditions pertaining to the vehicles and equipment utilized in the completion of the specified maintenance tasks: a. The City Council of Santa Ana is considering banning all fuel-powered (e.g., gasoline, methanol) leaf blowers. The contractor will not receive additional compensation should such a ban be implemented before or after the award of the Contract. b. Mowers utilized for the hybrid Bermuda athletic turf must be dedicated solely to that hybrid Bermuda grass to prevent contamination. c. A self-contained power scrubber unit shall be required to perform washing and steam-cleaning operations. The contractorshall meet all specified criteria as outlined in Section 22.2 of the Specifications in Appendix B. All wastewater recaptured by such a unit must be disposed of in a sanitary sewer approved by the City. 3.3.9 The contractor's vehicles may be permitted to drive on turf when conditions allow following specific routes designated by the CR(s). Areas designated as "unavailable for vehicle travel," such as natural habitat areas, shall be serviced by other means. 3.3.10 The City shall provide, if possible, a storage area(s) at those sites that are not immediately accessible to Contractor's vehicles. (If a storage yard is unavailable the contractor shall have a storage facility close to the City of Santa Ana to impact the maintenance). 3.3.11 Larger vehicles may be allowed in the performance of non-regular maintenance tasks, with the approval of the City. 3.4 Locks and Keys 3.4.1 Access to City facilities shall be in accordance with instructions, keys, and/or security cards issued or provided by the CR(s). Access may include special instructions about security systems installed at facilities. The contractor shall take all reasonable precautions to ensure that the security of the facilities and internal equipment, furnishings, and other items are always maintained. 3.4.2 The City may develop an initial chain and lock system with a specific number of City Council 16 — 539 7/7/2026 replacement locks for trash containers, restrooms, gates, valve/pump cover boxes, and controllers. The contractor shall be responsible for purchasing similar locks upon the loss of any City-owned locks initially provided to the Contractor. The City shall exchange, one- for-one, locks that have been vandalized or are inoperable. 3.4.3 Contractor may provide a chain and lock system, at Contractor's expense, for trash containers located throughout the site to secure and limit the removal or tipping of the containers. 3.4.4 The Contractor shall be responsible for the series of keys assigned to it and assign these keys to its personnel to maintain the facilities. The contractor shall be responsible for the proper use and safekeeping of all keys issued by the City to the Contractor. 3.4.5 Contractor shall report all lost or stolen keys to the City representative(s) within twenty- four (24) hours of discovering the loss. The contractor shall reimburse the City for the total cost of re-keying the facility or duplicating additional keys, as determined by the City. 3.4.6 Upon termination or cancellation of the Contract, Contractor shall immediately return all keys, cards, remote controls, etc., to the City. 3.4.7 California law stipulates that it is unlawful for a person to duplicate any keys without the owner's permission. The penalty for violation of this law is either six (6) months imprisonment or a fine of $500.00, or both. 3.5 Service Yard and Storage Area(s) 3.5.1 The City, at its discretion, may provide storage and office facilities for Contractor's use. In such cases, the Contractor is prohibited from using said facilities to conduct any of its business outside the scope of the Contract. Further, said facility shall not be used for human habitation, other than a night watchman or patrol service as specifically approved by the City. 3.5.2 CR(s) shall identify and authorize Contractor to use a designated area, if available, exclusively or shared with City, for onsite storage as needed. If the designated area is shared with the City, Contractor shall identify equipment, materials, and supplies belonging to Contractor. If the City provides an area, the Contractor is responsible for securing and providing the CR access. The contractor shall safely store all supplies and compliance with all laws and regulations. 3.5.2.1 The contractor may not store any trash, litter, or recyclable material at the facility or in any vehicle for a period of over 24 hours. Notwithstanding the foregoing, the Contractor must conduct all operations at the facility in compliance with all applicable laws and regulations so as not to create a nuisance. 3.5.2.2 The contractor shall not "stockpile" hazardous materials in any quantities at the facility and shall not maintain any amount of such material at the facility greater than that which Contractor plans to use within the following 30 days. Notwithstanding the foregoing, the Contractor shall sometimes store all hazardous materials in compliance with all applicable state and federal laws and regulations. City Council 16 — 540 7/7/2026 3.5.2.3 The contractor shall not dispose of hazardous material on the site. All such hazardous materials collected on the site shall be appropriately stored temporarily, after that to be disposed of by Contractor at an approved disposal site, per California statutes. 3.5.3 Contractor, at its own risk, may store equipment and materials required for maintenance in said facility, providing the City has agreed to provide such facility. However, the Contractor must always use safety standards and handling procedures as applied to such equipment and materials. This contract assumes minimal facilities for the Contractors' vehicles and equipment. 3.5.3.1 City shall not be liable for damage or loss to Contractor's equipment, materials, and/or personal property. The contractor shall hold City harmless and waive any claims for damage for loss of use of any equipment, materials and/or property that may occur at City facilities. 3.5.4 Contractor shall maintain the service yard and/or storage area(s) in a clean, weed-free, well-organized manner in keeping with the highly visible nature of the surrounding area. Failure to do so may result in the Contractor's loss of the use of the storage area(s). 3.5.4.1 The service yard and/or storage area(s) occupied by Contractor shall be cleaned and swept once per week and the sweepings disposed of in a lawful manner. 3.5.4.2 Contractor shall remove all undesirable material including, but not limited to, trash, accumulated debris, and equipment that is no longer usable for the purpose it was intended for, from the service yard and/or storage area(s). 3.5.5 The City may inspect service yard and/or storage area(s)for compliance anytime at City's discretion. 3.5.6 Upon expiration or termination of Contract, Contractor shall restore service yard and/or storage area(s) to its original condition. Nothing contained herein which permits Contractor to use designated space shall be deemed or construed as a lease of space, but shall be a mere right to use. 3.6 Utilities The City shall pay for the installation and use of all utilities at these sites, with the exception of the Contractor's telephone hookup and service. 3.7 Traffic Control 3.7.1 When working in road rights-of-way, Contractor shall comply with all procedures and requirements specified in the State of California (CALTRANS) Manual of Traffic Controls for Construction and Maintenance Work Zones and within the confines of applicable OSHA requirements. 3.7.2 Contractor shall cooperate with the Santa Ana Police Department (SAPD) relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of vehicles. If required, the contractor shall obtain an encroachment permit for any partial or complete lane closure. All work that requires traffic City Council 16 — 541 7/7/2026 controls will need to comply with the current WATCH manual. 3.7.3 When entering or leaving roadways carrying public traffic, Contractor's equipment, whether empty or loaded, shall in all cases, yield to public traffic. 3.7.4 Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or WATCH Book). Lighted signs or arrow boards are required as needed. 3.8 Bloodborne Pathogens and Biohazardous Material The contractor's staff shall be aware of potential exposure to bloodborne pathogens through hypodermic needles, blood and feces, and shall wear personal protective equipment. Contractor shall treat hypodermic needles, large quantities of feces, and any rags, paper towels, or other materials containing blood as biohazardous material. Only individuals trained in the removal and disposal of such material shall do so. Contractor shall immediately notify the appropriate authority upon the discovery of such occurrences. Contractor shall secure the affected site until such time that the appropriate authority can respond. See California statutes and guidelines for process. 3.9 Accident Reporting and Site Securing Contractor shall immediately notify the designated CR(s) of any accident, regardless of whether or not injury or damage is evident, involving park patrons, City staff and equipment, and Contractor's staff, vehicles, and/or equipment shall secure the site until rendered safe. Contractor shall provide all written reports and/or documentation requested by the City. 3.10 Vandalism The contractor shall report any damage to City property, including but not limited to vandalism,Acts of God, and third-party negligence to the CR. Via email, phone call, or message as determined by CR. 3.11 Cooperation / Collateral Work The City and other contractors will conduct on-going activities and operations during Contractor's work. These activities will include but are not limited to landscape refurbishment, irrigation system modification or repair, construction and storm-related operations. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by the Contractor as a result of the City's work. Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the CR(s)to cooperate. 3.12 Protection of Existing Facilities and Structures The contractor shall exercise due care in protecting from damage all existing facilities,structures and utilities, both above surface and underground, on the City's property. 3.12.1 Any damage to City property deemed to be caused by Contractor's negligence or failure City Council 16 — 542 7/7/2026 to use due care shall be corrected or paid for by Contractor at no additional cost to the City. 3.12.2 If the City requests or directs Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release Contractor's duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City. 3.13 Protection of Property During Inclement Weather (Emergency Response) During storms and periods of excessive rainfall, and in conjunction with Emergency Call-Outs (below), Contractor shall provide supervisory inspection of the work during regular working hours to prevent or minimize possible damage from such adverse weather. The prime factors in assigning work shall be the safety of the workforce and damage to landscaping. 3.13.1 Contractor shall submit a report identifying any storm damage to the CR(s) and attach a site map identifying location of damage and cost estimate to repair/replace within 48 hours. 3.13.1.1 Report shall contain photos with captions. 3.13.1.2 If remedial work is required beyond the scope of this Contract, it shall be paid for as AEW. 3.13.2 Contractor shall remove debris accumulated by high winds or other typical or non-typical environmental conditions. The contractor shall remove minor silt and debris from athletic fields, V- ditches, adjacent inverts, storm drains, etc. 3.13.3 During the periods that excessive rainfall hinders normal operations, the Contractor shall adjust its activities to perform functions such as litter and debris pick-up, remove downed limbs, clear drains and other duties as deemed necessary by the CR(s). 3.13.3.1 During periods of excessive rainfall, the Contractor shall keep all area drains and draining facilities clear and operating and remove water from all tot- lot areas, if directed. 3.13.4 Failure to adjust the workforce to show satisfactory progress, as determined by Contractor and CR(s) jointly, on the work may result in a deduction of payments. 3.14 Emergency Numbers and Emergency Call-Outs 3.14.1 Contractor shall supply the City with name(s) and phone number(s) of person(s) representing the Contractor for 24-hour emergency response, seven (7) days per week. 3.14.1.1 The City will, in turn, provide Contractor its emergency contact information so that in the event Contractor must contact the CR(s), this information can be utilized. 3.14.2 Contractor shall have the capability to receive and to immediately respond to calls of an emergency nature during normal working hours and during hours outside of normal working hours (See Section 2.3.1.k). Contractor shall be available via voicemail, text, phone, or answering service. The aforementioned information shall remain current at all City Council 16 — 543 7/7/2026 times. 3.14.2.1 Contractor shall respond by phone within 30 minutes of a call from the CR(s), and shall be on site within 30 minutes of the call back. Any changes to contact information shall be forwarded to the City in writing within 12 hours of any such change. 3.14.2.2 In situations involving emergencies after normal work hours, Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour. 3.14.2.3 Calls of an emergency nature received by the City shall be referred to Contractor for immediate disposition. 3.14.3 If emergency work is required, the Contractor shall notify the CR(s) by telephone before any emergency work is commenced. 3.14.4 Contractor's vehicle shall carry sufficient equipment to control traffic (barricades, delineators, cones, etc.). 3.14.5 When the Contractor arrives at the site, Contractor shall set up traffic warning and control devices and any other safety devices, if deemed necessary, and proceed with remedial action after contacting the CR(s). 3.14.7 Public health/safety matters requiring an emergency response include but are not limited to: any portion of the irrigation system functioning in a non-operational manner, broken water mains, stuck valves,the threat to private property resulting from Contractor's operations, fallen trees, down or hanging limbs, natural disasters, etc. 3.15 Contractor's Staff The contractor shall provide sufficient personnel to perform all work by the Specifications set forth herein and in Appendix A, B, C, and D. This is a performance-based Contract. 3.15.1 In its proposal, the Contractor shall define the minimum staffing. It is up to the Contractor to complete all tasks as defined, regardless of staffing, but they shall maintain at least the minimum staffing, as stated in their proposal, at all times. 3.15.2 In its proposal, the Contractor shall list the names of all employees, titles, hours and which location/area each employee is assigned. DIR reporting sheets will be used to verify staffing levels by area. 3.15.2.1 Each crew of Contractor's employees shall include at least one (1) individual who speaks and comprehends the English language at a professional level. 3.15.3 The City may, at any time, give Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City or public. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter, and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employee(s)will not be detrimental to the interest of the City or public. Examples of employee conduct or action that prove detrimental to the interest of the City of public include, but are not limited to: City Council 16 — 544 7/7/2026 • Unprofessional behavior • Misleading or false statements • Misrepresentation of work accomplishments • Illegal activities City Council 16 — 545 7/7/2026 3.15.4 Contract-designated staff employees shall not work on supplemental tasks (AEW) during regular work hours. If worked during regular hours, additional staff will be required, contracted work shall not experience any reduction in frequencies or quality. 3.15.5 Contractor shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and the public the name of the Contractor. The identification system shall be furnished at Contractor's expense and may include appropriate attire and name badges as specified by the City. 3.15.6 Contractor shall require each of its employees to adhere to basic standards of working attire, including full uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. 3.15.6.1 Employee pants, shirts, jackets, and sweatshirts must be uniform. Shirts, jackets, and caps used as uniforms shall bear Contractor's identification logo. 3.15.6.2 Shirts shall be worn at all times, and shall be buttoned and tucked-in. 3.15.6.3 No caps with insignias or designs other than Contractor's logo may be worn, and no caps shall be worn backwards. 3.15.6.4 The City shall approve Contractor's uniform prior to the start of the Contract. 3.15.7 The City expects Contractor's staff to turn into CR(s) all items that have been lost or misplaced by the general public, regardless of perceived value. Contractor shall communicate this expectation to all employees. All items must be returned to the Tree Farm (7600 E. Spring Street, 90815) and have an accompanying landscape area ID and date. 3.16 Work and Workmanship Contractor shall thoroughly complete each task in a professional and workmanlike manner, and shall use quality equipment and materials that comply with all current regulations to complete the scope of work at the proper standards. The safety of workers, passersby, and the public shall be paramount. Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover, sports, or turf areas. During the periods when inclement weather hinders normal operations, Contractor shall adjust its work force and schedule. Contractor shall immediately notify the City when the work force has been removed from the job site due to inclement weather or other reasons. Supervision and Special Skills The contractor shall assign a supervisor for the north, south, Civic Center, and Zoo districts, as proposed in the labor summary, who will be authorized to act on behalf of the Contractor and who will work regular working hours for the duration of this Contract. He/she shall have at least five(5)years of experience in landscape maintenance supervision. The contractor, and Contractor's staff, must have horticultural expertise and a broad range of experience in plant care and maintenance, including California native and southwest-adapted plants,turf management, entomology, pest control, soils, fertilizers, plant identification, and irrigation system maintenance. The contractor's supervisor shall be capable of communicating effectively both in written and spoken English and have experience in park maintenance projects of the type found in the City of Santa Ana. All supervisors and acting supervisors shall be outfitted by Contractor with a portable personal communication device capable of transmitting and receiving phone calls from anywhere. The crew leader and/or supervisor needs to be available during working hours to meet the CR on any given issue at any service location. Should this individual change, the CR(s) must be notified in writing within five (5) days of the change. City Council 16 — 546 7/7/2026 3.17 Management and Enforcement 3.17.1 The contractor has the responsibility of providing fully trained and qualified personnel. The CR(s) at each site shall closely monitor the staff activity to detect operational irregularities and non-compliance with contractual requirements. 3.17.1.1 Enforcement is the responsibility of the Contractor, not the City. 3.17.1.2 All specifications shall be managed by the Contractor to ensure the standards are being met. 3.17.2 It is Contractor's responsibility to see that the organization oversees all activities. Furthermore, the Contractor must ensure that standards are met and do not delay, ignore, or otherwise limit its contractual obligations. 3.17.3 Before initiating any task, each site shall be inspected by a knowledgeable and responsible employee of the Contractor, who shall determine the practicality of initiating the operation. Upon the Contractor's determination of the impracticality of initiating the operation, the City shall be consulted. The City's decision shall be final. 3.18 Contact with Minors The contractor providing services at any City location shall provide the City with a list of all persons over the age of eighteen (18) who will be working at such locations. State law provides that the Contractor shall fingerprint all such persons referred to herein and shall obtain criminal history information pursuant to California Penal Code 11105 or 13100 for each individual. Prior to the award of the Contract,Contractor shall provide written verification that all persons, as referred to herein, have not been convicted of any offense involving moral turpitude, nor any offense as specified in Penal Code 11105.3 (g), nor any offense relating to the type of services to be performed as determined by the City. Contractor shall pay the costs incurred with the fingerprinting and obtaining the criminal history information. Any misrepresentations with respect to Contractor's obligations under this section or failure to comply with the requirements as stated herein shall constitute a breach of the contract thereby giving City the right to terminate the Contract immediately. Contractor shall indemnify the City for any such breach of this section. City Council 16 — 547 7/7/2026 SECTION 3 EXECUTION OF WORK 4.1 Subcontracting No performance of this Contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this Contract without said consent shall be null and void and shall constitute a default under this Contract. In the event of such a default, the City may immediately terminate this Contract. In the event the City should consent to assignment or subcontracting, each term and condition of this Contract shall extend to and be binding upon and inure to the benefit of the assigns, successors or administrators of the respective parties. In the event that the City should consent to subcontracting,the Contractor shall include in all subcontracts the following provision: "This Contract is a subcontract under the terms of a prime Contract with the City of Santa Ana. All provisions of that prime Contract shall apply to this subcontract." The Contractor shall indemnify, defend, and hold harmless the City and its employees from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees. 4.2 Contractor Hiring The City encourages Contractor to create new jobs for low or moderate-income persons and Santa Ana youth for its operations under this Contract. Contractor agrees that it shall use good faith efforts to create such new jobs. All qualification and hiring decisions will be made by Contractor. The contractor agrees that it will reasonably cooperate with the City through the City of Santa Ana's Training and Employment Development Officer and staff with respect to recruitment, screening and tracking of employees. In implementing these efforts, such Officer and staff will provide to Contractor, at no cost, pre-screening and pre- qualification of all potential job applicants. Such services include assisting with community outreach to recruit qualified job applicants and conducting pre-screening of all potential job applicants and conducting pre-screening sessions to determine the most qualified applicants for jobs. 4.3 Notice Requirements (for purposes of non-performance or otherwise) Notice shall be in writing, as a work order, and submitted via email to the Contractor and Director of PRM. Notice shall be given on the date shown on the email. Change of email address shall be given in the same manner as other notices. 4.4 Default by Contractor/Termination Notwithstanding and in addition to payment deductions for Contractor's deficient performance described within Section 2.3.1 (e) of the RFP, the City may terminate this Contract without liability for damages when, in the City's sole opinion, the Contractor is not diligently performing or otherwise not complying in good faith with the Contract, has become insolvent, has assigned or subcontracted any part of the work without the consent of the City, or has otherwise defaulted in the performance of the Contract, and has not otherwise cured such default after a period of ten (10) days' notice given by the City to do so. Suppose a default situation occurs as a result of the Contractor's non-performance and/or non-compliance to the specifications and requirements herein or any other work applicable under this Contract. In that case, Contractor City Council 16 — 548 7/7/2026 agrees that the City may withhold payment or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. If the City terminates the Contract, the City will give notice to that effect to the Surety and Surety shall, within five (5) business days of delivery of the notice, assume control and perform the work as successor to the Contractor, and shall be paid by the City for all work performed. If the Surety does not comply with such notice within said five (5) day period or, after starting to comply, fails to continue, the City may exclude the Surety and the Contractor from all City facilities and have the work completed by City employees, by another Contractor, or by a combination of such methods. All costs incidental to the default of the Contractor shall be charged to the Contractor and the Surety, and may be deducted from any monies due the Contractor. Surety shall pay,within fifteen (15) calendar days of receipt of an invoice, all such incidental costs less any amount deducted from monies due. 4.5 Temporary Suspension of Work The City Representative(s) (CR) shall have the authority to suspend work by the Contractor, wholly or in part for such period as necessary due to unsuitable work conditions, failure of Contractor to carry out directions, unsafe or hazardous conditions, or failure to perform in accordance with these provisions. The Contractor shall request permission of the CR(s), during City business hours, to temporarily suspend work wholly or in part for such period as necessary due to unsuitable, unsafe, or hazardous work conditions or failure of the City to notify the Contractor of changes in locks, security codes or access to facilities being cleaned. 4.6 Damage Caused by Contractor All damage to existing facilities caused by Contractor shall be repaired or replaced at Contractor's sole expense. All such repairs or replacements shall be completed within the time limits specified by the City below: a. Irrigation damage shall be repaired or replaced within one (1) watering cycle or 24 hours. b. All damage to shrubs, trees, turf or ground cover shall be repaired or replaced within five (5) working days. C. All damage to appurtenances shall be replaced within a period of 30 days. All repairs or replacements shall be completed in accordance with the following maintenance practices: a. Trees: All damage, including minor damage, such as bark lost from impact of mowing equipment or string trimmers, shall be subject to replacement with a tree comparable in species and size, as approved by the City, within 30 days. b. Shrubs/Ground Covers: All damage shall be subject to replacement with a shrub or plant comparable in species and size, as approved by the City, within 30 days. c. Appurtenances: All damage caused by Contractor to components of the facilities or grounds, including but not limited to benches, picnic tables, permanent chairs, irrigation heads, valves, valve boxes, controller boxes, concrete walks, railings, fencing, and gardens shall be corrected at Contractor's expense, within 30 days. 4.7 Non-Emergency Call-Outs Time and materials shall be charged for payment on a separate invoice and pre-approved by the City, (i.e. trash pickup generated by special functions) for those items outside of the normal scope of work. The time and material charges shall be in accordance with the submitted cost proposal. City Council 16 — 549 7/7/2026 4.8 Work Not Included Water and electrical billings, except in instances where excessive costs are incurred by the City due to water waste or negligence by Contractor, are not included in this Contract. If the Director of PRM, based upon all of the facts that may be gathered, determines that excessive water and/or utility costs have occurred due to Contractor's work,the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs. 4.9 Signs / Improvements Contractor shall not post signs or advertising matter on City property unless prior written approval therefore is obtained from the City. City Council 16 — 550 7/7/2026 SECTION 4 ENVIRONMENTAL REQUIREMENTS 5.1 Environmental Requirements 5.1.1 Contractor shall ensure that all personnel whose responsibilities involve cleaning, waste disposal, or landscaping are trained in Best Management Practices, as set forth in the City's NPDES permit and Storm Water Management Plan. 5.1.2 In preparing its proposal, Contractor shall consider the following conditions pertaining to the completion of the specified maintenance tasks: a. Contractor must conduct all operations in accordance with the City's Storm Water Management Plan and State NPDES. b. Appurtenances must be cleaned by a method(s)which does not result in runoff going into any water body, gutter or storm drains. Only potable water may flow into any water body, gutter or storm drains. C. All wash water must be disposed of in a sanitary sewer. d. No litter, debris, oil, grease, green waste, or other materials and substances may be washed, swept, or blown into the street or storm drains. e. All liquids, including but not limited to, rinse water and cleaning agents, must be properly disposed of in compliance with all laws and regulations. No liquid or product of any kind may be discharged to a gutter, storm drain or paved surface where it could be carried to the storm drain system or to a water body. f. For washing operations, Contractor shall use (1) a high-pressure/low-volume sprayer using only potable water and no cleaning agents at an average use of .006 gallon of water per square feet of surface; or (2) a self-contained power scrubber, which recaptures all wastewater, cleansers, and debris. All wastewater recaptured by a self-contained power scrubber must be disposed of in a sanitary sewer approved by the City. 5.1.3 Contractor shall comply with the City's recycling efforts and program. a. Contractor is required to recycle green waste, keeping it separate from trash and other debris. 5.1.4 Contractor shall have an Integrated Pest Management policy/program in effect. 5.2 Refuse Disposal 5.2.1 Unless directed otherwise, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City City Council 16 — 551 7/7/2026 finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service 5.2.2 The City will provide the refuse bins and pay the costs of the disposal, however, the contractor shall dispose of all trash, litter, and debris collected (i.e. refuse) by Contractor in the performance of the daily maintenance tasks including refuse collection, green waste, debris, litter, trash, emptying of trash cans, and litter control. The refuse collected by the Contractor in the performance of these tasks shall be transported to a proper disposal site by the Contractor. 5.2.3 No trash, litter, debris, or green waste shall be permitted to be dumped from sites not on this contract, If the contractor is found to abuse the refuse bins, the contractor will assume the responsibility to dispose of and pay for all refuse costs for the remaining terms of the contract. 5.2.4 The contractor shall maintain logs or invoices showing Santa Ana address identifying its refuse collection and disposal activities and make those logs or invoices available to the City for inspection on reasonable notice. 5.2.5 The contractor will not be required to sort recyclable materials from trash and other refuse collected by the Contractor. Recyclable materials are the property of the City. 5.3 Hazardous Materials Use of any chemicals or hazardous materials by the Contractor in performing services shall be subject to approval of the City and shall be used in accordance with the manufacturer's directions and specifications. Contractor shall store and dispose of chemicals or hazardous materials in accordance with all laws, rules and regulations on the subject. Contractor shall defend, indemnify and hold harmless the City and its officials and its employees for all claims,demands,damage, causes of action, loss, liability,cost or expense relating to the Contractor's failure to comply with this section. 5.4 Sound / Noise Control Requirements Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, specifically Santa Ana Municipal Code 8.80 NOISE, that apply to any work performed pursuant to the Contract. 5.4.1 Each internal combustion engine used for any purpose for the work or related to the work shall be equipped with the type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated without such muffler. 5.4.2 The Santa Ana City Council is considering a ban on all fuel-powered leaf blowers. Contractor will not receive additional compensation should such a ban be implemented prior to or after the award of the Contract. 5.4.3 Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be paid. City Council 16 — 552 7/7/2026 SECTION 5 CHANGES TO THE CONTRACT 6.1 City's Right to do Work The City reserves the right to do work as required within the Contract Areas. If such work affects Contractor's work,the City will ask Contractor to submit costs incurred by Contractor as a result of the City's work. 6.2 Changes in Service 6.2.1 Special Events a. The areas contained in this Contract are frequently utilized for special events. Some of these special events (e.g., filming, carnivals, concerts, parades, etc.) will affect regular grounds maintenance operations for extended periods of time. In these instances, the City may request an alternative means of, or alternate schedules for, maintaining these areas. For example: mowing operations in some areas may not be possible due to a filming setup. In this instance, the City may request the Contractor to control the growth of weeds around the area in lieu of mowing, at no different or additional cost other than the amount proposed for mowing. b. Certain damage to turf, irrigation, and other landscaped areas may result from large special events. Contractor is not liable for the repair of such damage, but may be asked to perform said repair work as "Additional Work." Prior to each large special event, the Contractor and the CR will jointly assess the conditions of the designated sites to establish a benchmark for any needed "Additional Work." 6.2.2 Construction Activity & Maintenance Functions a. In the event that construction activity prevents, or limits, Contractor from performing certain maintenance operations, the City, at its discretion, may remove, temporarily or permanently, the affected areas, or maintenance functions, from the Contract and the Contract price shall be reduced pro rata. 6.3 Special Requests Contractor may be requested by the City to perform special tasks that are not included in the normally scheduled work (i.e. citizen requests, coordination with utility locations, or special work orders relative to City functions). It is intended that the Specifications are indicative of the work to be anticipated by Contractor and will allow for reasonable additional work which is considered normal maintenance at no additional cost to the City in order to meet the objectives and criteria. 6.3.1 Soil and Plant Testing Upon request, Contractor shall perform soil or plant testing of selected areas for soil fertility, salt build-up, pathological organisms, percolation tests, etc. Contractor may be required to pay costs of tests if negative results are related to incorrect maintenance practices. These tests will be used to determine whether additional treatments are required. Tests will be requested by the CR(s). Payment shall be in accordance with Unit Work Costs in the cost proposal. City Council 16 — 553 7/7/2026 SECTION 6 CONTRACT ENFORCEMENT AND EVALUATION 7.1 Contract Enforcement 7.1.1 The contractor or its authorized representative shall meet on the site, as needed, at the discretion and convenience of the City, with a CR to do a site inspection as it relates to determining compliance with the Contract Specifications, site challenges, and/or developing a scope of work. All scheduled and periodic maintenance functions shall have a current status and completion date prior to this meeting and be documented on the electronic monitoring and work order system. Contractor's representative must be authorized to sign documents and make changes to the work. 7.1.2 The City reserves the right to perform inspections at any time to monitor performance. The contractor shall cooperate with the City, State, and Federal representative(s) in the review and monitoring of the Contractor's performance, records and procedures (see Section 7.2). 7.1.3 At the request of the City, the Contractor or its appropriate representative shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract, and description of City policies and procedures. 7.1.4 In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action. 7.2 Performance Evaluation 7.2.1 City staff shall perform site inspections each day at undisclosed times and at various service areas to determine if scheduled tasks are performed as specified. 7.2.2 If the CR determines that any required services are deficiently performed, incompletely performed, or not performed at the appropriate time as specified by the City, the City will give notice to the Contractor via work order or email to correct the deficiency, complete the performance, or perform within a time stated in the notice. If Contractor fails to correct deficiencies within that time, the City may: (a) deduct $300 from Contractor's payment a sum attributable to the deficiency; or (b) upon giving five (5) days' notice to the Contractor for failure to correct the deficiencies, City may correct the deficiencies. The costs incurred by completion of the work by an alternate source, whether it be City forces or another contractor, will be deducted from the payment to the Contractor from the City, as determined by the City. 7.2.3 A sum of $300.00 will be deducted from the base payment amount for each deficiency per occurrence. 7.2.4 City staff will perform these site inspections utilizing the City's contract performance management system on-site with portable electronic devices with a data connection. These devices allow for performance deficiencies to be documented immediately while completing, which will send a notification immediately to the Contractor. City Council 16 — 554 7/7/2026 CITY OF SANTA ANA 7.2.5 The action above shall not be construed as a penalty, but as an adjustment of payment to the Contractor to recover a portion of City costs due to the failure of the Contractor to complete or comply with the provisions of this Contract. City Council 16 — 555 7/7/2026 EXHIBIT B VARIOUS CITY SITE MAPS City Council 16 — 556 7/7/2026 A ...may-•.yi i f. • P tv i #d +1 ! 5 at Prentice Park '# Prentice. ... - -_ � G __1�- �� ..- 'a ="x"�'�!�kt C�i.--.. F7': [,().'r�•e�-hie Chestnut rive Santa I Zoo (map of 3) t< 4 1 14V` Santa Ana Zoo (map 2 of 3) Lot Detail • Y _ 1 �CrrantA«I � - . .• General Iint. and Clean 8 . 1 Daily I inter- • • i 1 • '1 r • 1 r d A } n I y �1J Santa Ana Zoo (map 3 of 3) Lot Detail General I and Clean I EXHIBIT C PRICING PROPOSALS/RATES City Council 16 — 560 7/7/2026 Cost Proposal ADDENDUM 2•EXHIBIT I ATTACHMENT A-2 REVISED PROPOSAL PRICING DISTRICT 1 PARKS(MUSr BE FULLY LOADED AND INCLU DE LABOR, gym ♦ Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents Cesar Chavez/Campesino 7 Edna 2 El Salvador 9 King SL Park* TBD Memory lane 0.6 Riverview 8 R-ita 8 Other(MUST BE FULLY LOADEDAND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage- EQUIPMENT, 51.&Santa Ana River Triangle U.69 Fairview Triangle 0.73 Annual Total *Future Park DISTRICT l:SANTA ANA LIBRARY Centers/Facilities(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage* Monthly Rate Yearly Rate Full Time DUMPING,ETC.) Equivalents New Hope Libray O.SG Annual Total n.a DISTRICT 2 PARKS IMU ST BE FULLY LOADED AND INCLUDE LABOR, AWeap Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents 10th and FI ower Park* 1.7 Angels Community 1.7 Bimh 2.4 Cabdllo 7.3 Cabrillo Tennis Center 7.6 Cheppa's 0.4 EI d ridge 1.2 Fisher 1.5 French 0.7 Garfield 0.1 Mabury 5.5 Mariposa 0.5 Morrison 5.9 Portola 9.1 Saddleback View 0.9 Santiago(including bike trail) 26 LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage 602 N.Garfield Street 0.2 Centers/Facilities(MUST BE FU LLY LOADED AN D IN CLU DE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage DUMPING,ETC.) Garfield Community Center 0.2 Plaza Cal le Cuatio 0.7 Sarah Mae Downie Herb Garden 0.1 Santa Ana Stadium 6.9 VnWillard Playground 0.2 nual Total n/a Future Park DISTRIC72:COMMUNITY DEVELOPMENT AGENCY Trails and Walkways(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Linear Miles Monthly Rare Yearly Rate Full Time DUMPING,ETC.) [quivalents 2nd Stfrom Bmadwayto Sycamore n 1 4th St from Ross to French 05 LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage Monthly Rate Yearly Rate Full Time Equivalents NE comer of 3 rd St.and Bush St. 0.8 312 N.Bush Street 0.1 Annual Tom City Council 16 — 561 7/7/202617 DISTRICT 3 PARKS(MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage' Me nthly Raft Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents Bristol/Tolliver Park* 1.1 Bomo Koral 11 Delhi 10.4 Lillie King 9.6 Madison 6 Memonal 15.5 Maple Occidental Exercise Park 0.43 Pacific Electrc 1.4 Sandpointe(including paseci 7.7 Segerstrom 1.2 Standard and McFadden Park 0.54 TmI is and Walkways[MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Linear Miles Monthly Rate Yearly Rate DUMPING,ETC.} Flower Trail(Flower/Wamerto Flower/Sunflower) 1,5 Pacific Electric Trail(Chestnut/Mapleto Alton/Bnstol) 3.5 LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage Monthly Rate Yearly Rate 300 S.Main Street 04 1022 S..Main Street 01 Centers/Fatilitles[MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage Monthly Rate Yearly Rate DUMPING,EiC.} RooseveldWalker Comm.Center 1.3 Unused Property[MUSTBE FULLY LOADEDAND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage Me nthly Rate Yearly Rate DUMPING,ETC.} ll 625 S.Cypress-Cypress Fire Station 0.17 Annual Total n/a Future Park DISTRICT3:COMMUNITY DEVELOPMENT AGENCY Centers/Facilftles(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage Monthly Rate Yearly Rate Full Time DUMPING,ETC.) Equivalents Camagie Homeless Shelter TBD LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage NE comer of 3rd St.and Bush St. 0.8 312 N.Bush Street 0.1 nnual Total n/a DISTRICT4 PARKS[MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,EfC.) Equivalents lst/Mountain View Park' 1.7 Adams 7 Centennial 87 Ed Caruthers Park* 1.1 Friendship 0.1 Hen Cage 8 Jerome 14 Santa Anita 5 Thornton 35 Windsor 12 Trails and Walkways[MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Linear Miles Monthly Rai. Yearly Rate Full Time DUMPING,ETC.} Equivalents Bear Street(Segertrom Ave,to MacArthur Blvd.) 0.49 Greenville Street(North of Hall Ave.to Segerstrom Ave.) 0.38 Jerome(Monte Vista Ave to McFadden Ave) 0.25 MacArthur Blvd(Santa Ana River Trail to MacArthur Blvd) 0.06 St. Andrew PI./St.Gertrude PI. 0.18 Raitt Street(Segertrom Ave.to Alton Ave.) 0.25 Other[MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Acreage McFadden Tnangle 0.94 nnual Total n/a *Future Park DISTRICT 4:SANTA ANA POLICE DEPARTMENT [enters/Fadlites(MUST BE FULLY LOADED AND INCLUDE LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage* Monthly Rate Yearly Rate Full Time DUMPING,ETC.) Equivalents San to An a PAAL Cen ter 0.52 Annual Total n a CIVIC CENTER LABOR,EQUIPMENT, MATERIALS,TRIP CHARGE, Acreage Monthly Rate Yearly Rate Full Time Equivalents Annual Total n/a SANTA ANA ZOO ZOO [MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Me nthly Rate Yearly Rate Full Time EQUIPMENT, MATERIALS,TRIP CHARGE,DUMPING,ETC.) Equivalents I p 20 $45,513 $546,156 5.3 O City Council - 502 7/7/2026 PCAARBO-01 VPAINTER '4�oRo CERTIFICATE OF LIABILITY INSURANCE DATE51202YYYY) 615/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condi'i-3ns of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in I au of such endor ment s). PRODUCER License#OC32169 ncho Mesa Ins&annccle�Servi Inc. ONE 619 937-0164 FAX 5 A 2r�e 2A c e v e d o Iarc,No,Extl ) (A/C,Nu): `err■ I S S F D l�S V E NAIC# QFR ri a to 554 INSURED INSURER B:Greenwich Insurance Company 22322 PCA Arborists&Consultants Inc.dba:Pacific Coast INSURER C: Arborists 910 E Walnut St. INSURER D: Santa Ana,CA 92701 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR NSD WVD MM1DD/YYYY MM1DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX]OCCUR X X NPC-1006073-01 6/212023 5117/2024 DAMAGE TO RENTED ncel $ 100,000 MED EXP(Ary one person $ 5,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000'OOO POLICY❑X PP& F] LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acc'de S ANY AUTO BODILY INJURY Perperson) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident S HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ B UMBRELLA LIAB N OCCUR EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE NEC-6006892-01 6/2/2023 6/212024 AGGREGATE S 1,000,000 DED I X I RETENTION$ 0 S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRI ETC RIPARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT S QFFIC ER/MEMBER EXCLUDEI Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR. EXCESS LIABILITY DOES NOT APPLY TO AUTO LIABILITY CITY OF SANTA ANA,ITS OFFICERS,EMPLOYEES,AGENTS AND REPRESENTATIVIES ARE INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO GENERAL LIABILITY PER ATTACHED FORMS. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES WITH REGARDS TO GENERAL LIABILITY PER ATTACHED FORM. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SANTA ANA THE EXPIRATION DATE THEREOI ACCORDANCE WITH THE POLICY PRC RISK MANGEMENT DIVISION o"°"" Risk M"°gmwrdDivision 20 CIVIC CENTER PLAZA z REVIEWED&APPROVED BY: Santa Ana,CA 92702 AUTHORIZED REPRESENTATIVE A A`�� b(„ ® Risk Manafglement(Sipecialist ACORD 25(2016/03) l \�/©1988-2015 ACORDU, RPORATION. All rights reserve . City Council The ACORD name and logo are regist"d-rig"of ACORD 7/7/2026 PAGICOA-05 SNUNIEZ A�ORD CERTIFICATE OF LIABILITY INSURANCE DATE F (MYYY) 5/2312D/Y023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CQNTACT NnME: Paramount Exclusive Insurance Services,Inc. (A/C. ,Ext):(818 986-7283 FAX 818 986-4949 15760 Ventura Blvd.Suite 500 ) (A1c,No):( ) Encino,CA 91436 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:California Automobile Ins.Co. 38342 INSURED INSURER B:CorePointe Insurance Company PCA Arborists&Consultants,Inc. DBA:Pacific Coast INSURER C:Colony Insurance Company 39993 Arborists 910 E.Walnut St. INSURER D Santa Ana,CA 92701 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES E rence MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ O- POLICY JEPRCT LOC PRODUCTS-COMPlOP AGG $ OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ JANY AUTO BA040000059053 5/17/2023 5/17/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY AMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED I I RETENTION$ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN TATUTE ER ANY PRO PRIETORIPARTNER/EXECUTIVE X CPW1001415 5/17/2023 5l1712024 1,000,000 �ilAandERIM.toryIn NH)EXCLUDED? N/A E.L.EACH ACCIDENT $ 1,000,000 E.L.DISEASE-EA EMPLOYE $ If yes,describe under 1,000 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT C Equipment Floater IM258377-0 5/17/2023 5/1712024 Limit 327,908 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Waiver of subrogation in favor of City of Santa Ana,its officers,employees,agents and representatives.30 days notice of cancellation with endorsement to follow. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREO City of Santa Ana ACCORDANCE WITH THE POLICY PR( Risk Management Division ILakMsnagetnaltDtvislrnt 20 Civic Center Plaza y REVIEWED&APPRovED-BY: Santa Ana,CA 92702 AUTHORIZED REPRESENTATIVE A ACevaedo ruau L �r Risk Management Specialist ( ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. City Council The ACORD name and logo are regis%eLl rNko of ACORD 7/7/2026 PACIFIC COAST �'.;- M C O H1 1' A ti 1 E S April 26,2024 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana,CA 92702 RE: Professional Liability- Insurance Requirement Dear City of Santa Ana Risk Management Division: I, PCA Arborists&Consultants, Inc.,Pacific Coast Horticulturists,has intent to enter into an agreement with the City of Santa Ana.Throughout the course of this agreement,Pacific Coast I Iorticulturists,attests that I am not a licensed professional and will not employ a licensed professional durnig the course of my contract with the City of Santa Ana. By signing below,I,attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to any/all statements in this document,the contract will be considered null,and void and the company will be held frilly liable for any and all damages. If you have any questions,please do not hesitate to contact us by email or phone. Best regards, Brandon E President 7 949.631.8733 adminOrncatree.cnm 671 a oa,H Risk MuagemetdUi [art pacificcoastcompa tr," REVIEWED&APPROVE)13v: Acev44 —r Risk Management Specialist 949390.765? City Council 16 — 565 7/7/2026 POLICY NUMBER: NPC1006073-01 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Blanket as required by written contract. Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the in the performance of your ongoing operations for location of the covered operations has been the additional insured(s) at the location(s) completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. REVIEWED&APPROVED BY. I ® Risk Management Speci dw C City Council 16 = 566 7/ /202 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or -- RiskMamVmattDMs[on REVIEWED&APPRov®BY: 7. WRisk Management Sped Mist V IQ City Council 16 - 567 7/7/2026 POLICY NUMBER: NPC1006073-01 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket as required by written contract. Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included 1. Required by the contract or agreement; or in the"products-completed operations hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. ,H.°--""ten Risk MmagemattMiBplon p.... R Vl�D&APPRov®01. i -1� Risk Management Specialist C 7 City Council 16 = 56$ /2 26 1 Policy Number: NPC1006073-01 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and RAMansgemattuiWston Risk Management Specialist City Council 16 = 569 7 /202 POLICY NUMBER: NPC1006073-01 ENDORSEMENT# THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY XL Plus Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force—Bodily Injury or Property Damage B. Damage To Premises Rented To You Extension • Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage • Limit increased to $300,000 C. Aircraft Chartered with Crew D. Non-Owned Watercraft E. Personal and Advertising Injury—Assumed by Insured Contract F. Increased Supplementary Payments • Cost for bail bonds increased to $5,000 • Loss of earnings increased to$1,000 per day G. Broadened Named Insured H. Blanket Additional Insured—Managers or Lessors of Premises I. Blanket Additional Insured—Lessor of Leased Equipment J. Injury to Co-Employees and Co-Volunteer Workers K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M.Liberalization N. Blanket Waiver of Subrogation O. Incidental Medical Malpractice Injury P. Extension of Coverage—Bodily Injury -- Risk ManaEetne2tf D(visfan Q. Coverage Territory "I'll, REVIEWED&APPRov®BY: Form XIL 436 1208 0 2008, XL America, Inc. L' A-fe Aczv do Includes copyrighted material of Insurance Services Office,Inc.,with its permissic Risk Management specialist y IQ City Council 16 — 570 7/7/2026 A. REASONABLE FORCE—BODILY INJURY OR PROPERTY DAMAGE Exclusion a.Expected Or Intended Injury of Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I—Coverages is deleted in its entirety and replaced by the following: [This insurance does not apply to:) Expected or Intended Injury or Damage "Bodily injury" or"property damage'expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last paragraph of 2. Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I-Coverages is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. A separate limit of insurance applies to this coverage as described in Section III-Limits of Insurance. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6.of Section III-Limits of Insurance is deleted in its entirety and replaced by the following: 6.a.Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same 'occurrence", whether such damage results from fire, explosion, lightning, smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage or any combination of any of these. b. The Damage to Premises Rented to You Limit will be the higher of: (1) $300,000; or (2) The amount shown on the Declarations for Damage to Premises Rented to You Limit. RiskMsnagmimtWsian REVIEWED&APMMM BY. Form XIL 436 1208 ©2008, XL America, Inc. A Aceuro{o Includes copyrighted material of Insurance Services Office,Inc.,with its permissic AM—MR, rusk Management Specialist City Council 16 — 571 7/7/2026 4. Paragraph 9.a.of the definition of"insured contract"under Section V-Definitions, is deleted in its entirety and replaced by the following: ["Insured contract" means:] a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage to premises while rented to you, or temporarily occupied by you with the permission of the owner is not an "insured contract". 5. This Article B. does not apply if coverage for Damage to Premises Rented to You of Coverage A. Bodily Injury And Property Damage Liability of Section I — Coverages is excluded by endorsement. C. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions contained in Exclusion g., Aircraft,Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage of Section I—Coverages: [This exclusion does not apply to:) Aircraft chartered with crew to any insured. 2. This Article C.does not apply if the chartered aircraft is owned by any insured. 3. The insurance provided by this Article C. shall be excess over any valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. D. NON-OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of Exclusion g.Aircraft.Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I—Coverages is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) 50 feet long or less; and (b) Not being used to carry persons or property for a charge; 2. This Article D.applies to any person who,with your expressed or implied consent, either uses or is responsible for the use of the watercraft. 3. This insurance provided by this Article D.shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. E. PERSONAL AND ADVERTISING INJURY—ASSUMED BY INSURED CONTRACT 1. Exclusion e. Contractual Liability in Part 2., Exclusions of Coverage B. Personal And Advertising Injury Liability of Section I—Coverages is deleted in its entirety and replaced by the following: i� Risk Mwwganeni Db&lm �r REmEWED&APPRovm By: Form XIL 436 1208 ©2008,XL America, Inc. Includes copyrighted material of Insurance Services Office,Inc.,with its permissic Risk Management specialist City Council 16 — 572 7/7/2026 [This insurance does not apply to:) e. Contractual Liability "Personal and Advertising Injury"for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: 1. That the insured would have in the absence of the contract or agreement; or 2. Assumed in a written contract or agreement that is an "insured contract"; provided the "personal and advertising injury" is caused by an offense which occurs subsequent to the execution of the contract or agreement. 2. Subparagraph f.of the definition of"insured contract" Section V.-Definitions is deleted in its entirety and replaced by the following: f. That part of any other contract or agreement pertaining to your business, including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for"bodily injury", "property damage" or"personal and advertising injury"to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 2. This Article E. does not apply if Coverage B. Personal And Advertising Injury Liability is excluded by endorsement. F. INCREASED SUPPLEMENTARY PAYMENTS Subparagraphs 1. b.and d. of Supplementary Payments—Coverages A And B of Section I - Coverages are amended as follows: 1. In Subparagraph b., the amount we will pay for the cost of bail bonds is increased up to $5,000. 2. In Subparagraph d., the amount we will pay for a loss of earnings is increased up to $1,000 a day. G. BROADENED NAMED INSURED 1. The Named Insured in Item 1, of the Declarations is as follows: The person or organizations named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority interest on the effective date of the policy. However, coverage for any such organization will cease as of the date that you no longer maintain ownership of, or majority interest in, such organization. 2. This Article G.does not apply to any person or organization for which coverage is excluded by endorsement. ' Risk ManagemD vi BY REVIEWED&APPRRaw®8v: Form XIL 436 1208 ©2008, XL America, Inc. Includes copyrighted material of Insurance Services Office,Inc.,with its permissic 4�1' Risk Management Specialist City Council 16 — 573 7/7/2026 H. BLANKET ADDITIONAL INSURED—MANAGERS OR LESSORS OF PREMISES 1. Section II-Who Is An Insured is amended to include as an insured any person or organization with whom you have agreed in a written contract executed prior to loss (an "additional insured"), but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the"additional insured" shall be the limits you agreed to provide,or the limits shown on the Declarations,whichever is less. b. The insurance afforded to the"additional insured"does not apply to: (1) Any"occurrence"that takes place after you cease to be a tenant in that premises; (2) Any premises for which coverage is excluded by endorsement; or (3) Structural alterations, new construction or demolition operations performed by or on behalf of such "additional insured". 2. The insurance afforded to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. I. BLANKET ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT 1. Section II-Who Is An Insured is amended to include an "additional insured" (as defined in Article H. above), but only with respect to their liability arising out of maintenance, operation or use by you of equipment leased to you by such "additional insured", subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the "additional insured" shall be the limits which you agreed to provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the"additional insured" does not apply to: (1) Any"occurrence" that takes place after the equipment lease expires; or (2) "Bodily injury'or"property damage"arising out of the sole negligence of such additional insured. 2. The insurance provided to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have a written contract for this insurance to apply on a primary or contributory basis. J. INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS 1. Section II-Who Is An Insured is amended to include your"employees" as insureds with respect to"bodily injury"to a co-"employee" in the course of the co-"employee's" employment by you, or to your"volunteer workers"while performing duties related to the conduct of your business, provided that this coverage for your"employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. Risk M aagenmtDmsion REVIEWED&APmzovm&r Form XIL 436 1208 ©2008, XL America, Inc. A+-gU AcW44 . Includes copyrighted material of Insurance Services Office,Inc.,With Its permisslc ® Risk Management SpeciNist City Council 16 — 574 7/7/2026 2. Section II—Who Is An Insured is amended to include your"volunteer workers" as insureds with respect to"bodily injury'to a co-"volunteer worker"while performing duties related to the conduct of your business, or to your"employees" employment by you, provided that this coverage for your"volunteer workers" does not apply while performing duties unrelated to the conduct of your business. K. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit of the Section IV-Commercial General Liability Conditions: Notice of an "occurrence' or of an offense which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the'occurrence' or offense has been reported to any insured listed under Paragraph 1. of Section II-Who Is An Insured or any"employee" (such as insurance, loss control, risk manager or administrator) designated by you to give such notice. Knowledge of any other"employee(s)" of an "occurrence' or of an offense does not imply that you also have such knowledge. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1.of Section II—Who Is An Insured or an "employee" (such as an insurance, loss control, or risk manager or administrator) designated by you to give such notice discovers that the`occurrence', offense or claim may involve this policy. L. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Representations, of Section IV-Commercial General Liability Conditions: The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. However, this Article L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws or regulations. M. LIBERALIZATION The following is added to Section IV-Commercial General Liability Conditions: Liberalization After the issuance of this policy, if we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without a premium charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. - Risk Mviaganed DMslun REVIEWED&APPROVED 8Y: Form XIL 436 1208 ©2008, XL America, Inc. A-s'p A6Wdo Includes copyrighted material of Insurance Services Office,Inc.,with Its permissic ® Risk Management Sped dmt City Council 16 — 575 7/7/2026 N. BLANKET WAIVER OF SUBROGATION The following is added to Section IV-Commercial General Liability Conditions: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization-, "your work"; or"your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. O. INCIDENTAL MEDICAL MALPRACTICE INJURY 1. For insurance applicable to this Article O, the definition of "bodily injury" in Section V - Definitions is amended to include, "Incidental Medical Malpractice Injury". 2. The following definition is added to Section V-Definitions: "Incidental medical malpractice injury" means "bodily injury", mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of, or failure to render, the following services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; c. First aid; or d. "Good Samaritan Services". As used in this Article O., "Good Samaritan Services" are those medical services rendered or provided in an emergency and for which no remuneration is demanded or received. 3. Paragraph 2.a.(1)(d) of Section II -Who Is An Insured does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in Paragraph 2. above and while acting within the scope of their employment by you. Any "employees" rendering "Good Samaritan Services"will be deemed to be acting within the scope of their employment by you. 4. The following exclusion is added to Paragraph 2. Exclusions of Coverage A.—Bodily Injury And Property Damage Liability of Section I—Coverages: [This insurance does not apply to:) Willful Violation of Penal Statute Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. 5. For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of services described in Paragraph 2.a.through 2.d.above to any one person,will be considered one"occurrence". 6. This Article O. does not apply if you are in the business or occupation of providing any of the services described in Paragraph 2. above. hie Risk Mo%sigemmLDWIon REVIEWED&APP ovm BY: Form XIL 436 1208 ©2008, XL America, Inc. A-f4 A,zv44 Includes copyrighted material of Insurance Services Office,Inc.,with its permissic MqW, Risk Management Specialist y NJ City Council 16 — 576 7/7/2026 7. The insurance provided by this Article O. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. P. EXTENSION OF COVERAGE—BODILY INJURY The definition of"bodily injury" Section V-Definitions is deleted in its entirety and replaced by the following: 3. "Bodily injury' means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. Q. COVERAGE TERRITORY The definition of"coverage territory' Section V-Definitions is deleted in its entirety and replaced by the following: 4. "Coverage territory" means anywhere in the world. This insurance does not apply to: a. "bodily injury"or"property damage"that takes place; or b. "personal and advertising injury" caused by an offense committed outside the United States of America (including its possessions and territories), Canada and Puerto Rico, unless a "suit" on the merits (to determine the insured's responsibility to pay damages to which this insurance applies) is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico. This insurance does not apply to damage, loss, cost or expenses in connection with any "suit" brought outside the United States of America(including its possessions and territories), Canada or Puerto Rico. RAMvwgemadDMslan +" R5MEWED&APPROVED 8Y. Form XIL 436 1208 ©2008, XL America, Inc. Includes copyrighted material of Insurance Services Office,Inc.,with its permissic ® Risk Management Specialist City Council 16 — 577 7/7/2026 Policy Number: NPC1006073-01 IL00171198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the Declara- and tions may cancel this policy by mailing or de- c. Recommend changes. livering to us advance written notice of cancel- 2. We are not obligated to make any inspections, lation. surveys, reports or recommendations and any 2. We may cancel this policy by mailing or deliv- such actions we do undertake relate only to in- ering to the first Named Insured written notice surability and the premiums to be charged. We of cancellation at least: do not make safety inspections. We do not un- a. 10 days before the effective date of cancel- dertake to perform the duty of any person or lation if we cancel for nonpayment of pre- organization to provide for the health or safety mium; or of workers or the public. And we do not warrant that conditions.- b. 30 days before the effective date of cancel- lation if we cancel for any other reason. a. Are safe or healthful; or 3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or Named Insured's last mailing address known to standards. us. 3. Paragraphs 1. and 2. of this condition apply 4. Notice of cancellation will state the effective not only to us, but also to any rating, advisory, date of cancellation. The policy period will end rate service or similar organization which on that date. makes insurance inspections, surveys, reports or recommendations. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply cancel, the refund will be pro rats. If the first to any inspections, surveys, reports or recom- Named Insured cancels, the refund may be mendations we may make relative to certifica- less than pro rata. The cancellation will be ef- tion, under state or municipal statutes, ordi- fective even if we have not made or offered a ell or l regulations, of boilers, pressure ves- s refund. els or elevators. 6. If notice is mailed, proof of mailing will be suf- E. Premiums ficient proof of notice. The first Named Insured shown in the Declara- B. Changes tions: This policy contains all the agreements between 1. Is responsible for the payment of all premiums; you and us concerning the insurance afforded. and The first Named Insured shown in the Declara- 2. Will be the payee for any return premiums we tions is authorized to make changes in the terms pay. of this policy with our consent. This policy's terms F. Transfer Of Your Rights And Duties Under can be amended or waived only by endorsement This Policy issued by us and made a part of this policy. Your rights and duties under this policy may not C. Examination Of Your Books And Records be transferred without our written consent except We may examine and audit your books and rec- in the case of death of an individual named in- ords as they relate to this policy at any time during sured. the policy period and up to three years afterward. If you die, your rights and duties will be trans- D. Inspections And Surveys ferred to your legal representative but only while 1. We have the right to: acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- a. Make inspections and surveys at any time; pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to tV o RiakMeagmentDMsinn .+ I REVIEWED&APPROVED 8Y: Risk Management Specialist I City Council 16 — 578 / 0 PACICOA-05 AKANG ,4coRO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 16._ / 1 6/28/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. If IMPORTANT: TIONthe IS WAIVED, Solder is ect tonthe ADDITIONAL ndlNondR io 1s f t Ifc 11e u t ADDI5C7N ret 0 e enY or statement n this ce e d t c igas certificate holder in li, u_of r e 1♦� --y PRODUCE CONTACT NAME: Paramo t Exc s In r r e a )9 7 a/c,No):(818)986-4949 15760 Ventura v .Sui a 50 Encino,CA 91436 R p t om INSURERS AFFORDING COVERAGE NAIC# een s r e man 22322 INSURED N 2 ra A bor t INSURERC:Coion Specialty I nsurance Company A o is E. euvedco DRD Santa Ana,CA 92701 1 • INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 cLAmis-MADE X occuR NPC-1006073-02 5/17/2024 5/17/2025 DAMAGE TO RENTED 100,000 X X PREMISES a occurrence $ MED ENP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑jg ❑LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Employee Benef. $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED ru)SINGLE LIMIC $ 1,000 000 X ANY AUTO X X NBA-1009128-00 5/17/2024 5/17/2025 BODILY INJURY erperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident $ IO PROPERTY DAMAGE AUUTS ONLY NON-OWNED ONLY eraccdent L $ $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAAJ.S-MADE NEC-6006892-02 5/17/2024 5/17/2025 AGGREGATE $ DED RETENTION$ Prod/Comp Work $ 1,000,000 B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X CTP1002524 5/17/2024 5/17/2025 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y❑ N/A (Mandatory in NH) E.L.DISEASE-EAEMPLOYEE $ 11000,U00 Ifyes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LHWT $ C Equipment Floater IM2583771 5/17/2024 5/17/2025 Limit 327,908 A Employment Practices NPC-1006073-02 5/17/2024 5/17/2025 Limit 50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) A)Property Liability Policy No.NPC 1006073-02 Effective Date:5/17/2024-5/17/2025 Location Office 910 E.Walnut St.,Orange,CA 92701 B.P.P.Limit$10,000. A)Cyber Policy No.NPC 1006073-02 Effective Date:5/17/2024-5/17/2025 Aggregate Limit$50,000. Waiver of subrogation in favor of City of Santa Ana, its officers,employees,agents and representatives.30 days notice of cancellation.Worker's comp endorsement to follow. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREO City of Santa Ana ACCORDANCE WITH THE POLICY PRC Risk Management Division Risk MamgementDMsian 20 Civic Center Plaza REVIEWED&APPROVED By. Santa Ana,CA 92702 AUTHORIZED REPRESENTATIVE Afe t-fLev44 Riskt,4anagementSpecialist ACORD 25 Oq/Council 16 — 5791988-2015 ACORD CORPORATIO s reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: NBA - 1009128-00 XIC 421 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE DESCRIPTION A. Temporary Substitute Auto Physical Damage B. Who Is An Insured 1. Broad Form Insured 2. Employees As Insureds 3. Additional Insured By Contract, Agreement or Permit 4. Employee Hired Autos C. Supplementary Payments D. Amended Fellow Employee Exclusion E. Physical Damage Coverage 1. Rental Reimbursement 2. Extra Expense—Broadened Coverage 3. Personal Effects Coverage 4. Lease Gap 5. Glass Repair—Waiver Of Deductible F. Physical Damage Coverage Extensions 1. Additional Transportation Expense 2. Hired Auto Physical Damage G. Business Auto Conditions 1. Notice Of Occurrence 2. Waiver Of Subrogation 3. Unintentional Failure To Disclose Hazards 4. Primary Insurance H. Bodily Injury Redefined I. Extended Cancellation Condition Ride Management Division REVIEWED&APPRaVED BY. `ll aifl ld',l'' A,.�Acevedo XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. RiA Management Specialist May 110t be Copied VIL sioll. NJ City Council Includes copyrighted material of Insurance Se es Me, Inc., with its permission. A. Temporary Substitute Auto Physical Damage SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is changed by adding the following: If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos"for Physical Damage coverage: 1. Any"auto"you do not own while used with the permission of its owner as a temporary substitute for a covered "auto"you own that is out of service because of its: a. Breakdown; b. Repair; C. Servicing; d. "Loss"; or e. Destruction. B. Who Is An Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following: 1. Broad Form Insured For any covered "auto", any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury" or "property damage"that occurred before you acquired or formed the organization. 2. Employees As Insureds Any "employee" of yours is an "insured"while using a covered "auto" you don't own, hire or borrow, in your business or your personal affairs. 3. Additional Insured By Contract, Agreement Or Permit Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract, agreement or permit. 4. Employee Hired Autos An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. RAMougamentDMslcrn REVIEWED&APPROVED BY. XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. RiA Management Specialist May 110t be Copied VIL sioll. NJ City Council Includes copyrighted material of Insurance Se es e, Inc., with its permission. SECTION IV— BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. is replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. Supplementary Payments SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is changed as follows: Item (2) is deleted and replaced by the following: (2) Up to $3,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. Item (4) is deleted and replaced by the following: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. D. Amended Fellow Employee Exclusion SECTION II — COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee does not apply. The insurance provided under this Provision D. is excess over any other collectible insurance. E. Physical Damage Coverage SECTION III—PHYSICAL DAMAGE COVERAGE, A. Coverage is changed by adding the following: 1. Rental Reimbursement a. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning twenty-four (24) hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: Risk Management Division .'IL REVIEWED&APPROVED BY. A Acev44 XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. RiA Management Specialist May 110t be Copied City Council Includes copyrighted material of Insurance Se M es Inc., with its permission. (1) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. (2) Thirty (30) days. C. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred. (2) $50 any one day per private passenger"auto"; $100 any one day per truck; $1,500 any one period per private passenger"auto"; $3,000 any one period per truck; or Higher limits if shown elsewhere in this policy. d. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. e. If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. 2. Extra Expense—Broadened Coverage We will pay for the expense of returning a stolen covered "auto"to you. 3. Personal Effects Coverage If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "personal effects" stolen from the "auto". As used in this endorsement, "personal effects" means tangible property that is worn or carried by an "insured". "Personal effects"does not include tools,jewelry, money or securities. 4. Lease Gap In the event of a total "loss" to a covered "auto" shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchases with the loan or lease; and (5) Carry-over balances from previous loans or leases. -= RAMougementDMslcrn REVIEWED&APPROVED BY. o A Acev44 XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. RiA Management Specialist 1/1/2026 City Council Includes copyrighted material of Insurance SeWes e, Inc., with its permission. 5. Glass Repair—Waiver Of Deductible No deductible applies to glass damage if the glass is repaired rather than replaced. F. Physical Damage Coverage Extensions SECTION III—PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by the following: 1. Additional Transportation Expense Sections a. and b. are amended to provide a limit of$50 per day and a maximum limit of$1,000. 2. Hired Auto Physical Damage The following section is added: Any "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" for physical damage coverage. The most we will pay for each covered "auto" is the lesser of: (1) the actual cash value; (2) the cost for repair or replacement; or (3) $50,000, or higher limit if shown on the Declarations for Hired Auto Physical Damage Coverage. For each covered "auto" a deductible of $100 for Comprehensive Coverage and $1,000 for Collision Coverage will apply. G. Business Auto Conditions SECTION IV—BUSINESS AUTO CONDITIONS, A. Loss Conditions is changed by the following: 1. Notice Of Occurrence Section 2.—Duties In The Event Of Accident, Claim, Suit Or, Loss, a. is changed by adding the following: If you report an injury to an "employee" to your workers' compensation carrier and if it is subsequently determined that the injury is one to which this insurance may apply, any failure to comply with this condition will be waived if you provide us with the required notice as soon thereafter as practicable after you know or reasonably should have known that this insurance may apply. 2. Waiver Of Subrogation Section 5. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following: However, this Condition does not apply to any person(s) or organization(s) with whom you have a written contract, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under such contract with that person or organization. Risk Management Division REVIEWED&APPROVED BY. A Acev44 XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. RiA Management Specialist May 110t be Copied City Council Includes copyrighted material of Insurance Se , mue, Inc., with its permission. 1/1/2026 SECTION IV—BUSINESS AUTO CONDITIONS, B. General Conditions is changed by the following: 3. Unintentional Failure To Disclose Hazards The following condition is added: Your unintentional failure to disclose all hazards as of the inception date of the policy shall not prejudice any insured with respect to the coverage afforded by this policy. 4. Primary Insurance Condition 5. Other Insurance is changed by adding the following: For any covered "auto" this insurance shall apply as primary and not contribute with any other insurance where such requirement is agreed in a written contract executed prior to a "loss". H. Bodily Injury Redefined SECTION V—DEFINITIONS, C. "Bodily injury" is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. I. Extended Cancellation Condition COMMON POLICY CONDITIONS (Form IL 00 17), A. Cancellation, 2.b. is replaced by the following: The greater of sixty (60) days or the time required by any applicable state amendatory endorsement before the effective date of cancellation if we cancel for any other reason. All other terms and conditions of this policy remain unchanged. Risk Management Division REVIEWED&APPROVED BY. XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. RiA Management Specialist May 110t be Copied VVIL11 �161psiuli. NJ 1/1/2026 City Council Includes copyrighted material of Insurance SeWes e, Inc., with its permission. POLICY NUMBER: Q-52656 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Blanket as required by written contract Blanket as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the in the performance of your ongoing operations for location of the covered operations has been the additional insured(s) at the location(s) completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Ride Management Division REVIEWED&APPROVED BY. �r Risk Management Specialist CGgV4W99il © Insurance Services Mde,'I ., 2018 Pa 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Risk Management DMslcrn REVIEWED&APPROVED BY. �r Risk Management Specialist PaRt)z C&UyiI © Insurance Services Mde, ? 2018 CG 20 POLICY NUMBER: Q-52656 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket as required by written contract Blanket as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included 1. Required by the contract or agreement; or in the "products-completed operations hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Ride Management DMslcrn REVIEWED&APPRaVED BY. �r RiA Management Specialist CGf�'1k�W%il © Insurance Services Mde,'I , 2018 of 1 POLICY NUMBER:Q-52656 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Policy aggregate limit applies per work site. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by 'occur- damages or under Coverage C for medical rences" under Section I—Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- t. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". Ride Management Division .�IL REVIEWED&APPRaVED BY. --rrIIt�� l RiA Management Specialist CG25r099YU ©Insurance Services Uf§ce,'rtt��RR 2008 f 2 ❑ B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by 'occur- "products-completed operations hazard" is pro- rences" under Section I— Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable-, and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Risk Management DMslcrn REVIEWED&APPROVED BY. �I �r Risk Management Specialist PaptyogcjunCll ©Insurance Services Ace,'r��qq q 2008 C o9 0 ENDORSEMENT # This endorsement, effective 12:01 a.m. , forms a part of Policy No. issued to by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY XL Plus Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force— Bodily Injury or Property Damage B. Damage To Premises Rented To You Extension • Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage • Limit increased to $300,000 C. Aircraft Chartered with Crew D. Non-Owned Watercraft E. Personal and Advertising Injury—Assumed by Insured Contract F. Increased Supplementary Payments • Cost for bail bonds increased to $5,000 • Loss of earnings increased to $1,000 per day G. Broadened Named Insured H. Blanket Additional Insured— Managers or Lessors of Premises I. Blanket Additional Insured— Lessor of Leased Equipment J. Injury to Co-Employees and Co-Volunteer Workers K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M.Liberalization N. Blanket Waiver of Subrogation O. Incidental Medical Malpractice Injury P. Extension of Coverage— Bodily Injury RisleManagamerttDivi9ian Q. Coverage Territory REmEwEo&APPROVrDBY. Form XIL 436 1208 ©2008 XL America Inc. Includes copyrighted material of Insurance Services Office, Inc.,with its permissic rusk Management specialist City Council 16 — 591 A. REASONABLE FORCE —BODILY INJURY OR PROPERTY DAMAGE Exclusion a. Expected Or Intended Injury of Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I—Coverages is deleted in its entirety and replaced by the following: [This insurance does not apply to:) Expected or Intended Injury or Damage "Bodily injury" or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last paragraph of 2. Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I - Coverages is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. A separate limit of insurance applies to this coverage as described in Section III- Limits of Insurance. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6.of Section III- Limits of Insurance is deleted in its entirety and replaced by the following: 6.a.Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire, explosion, lightning, smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage or any combination of any of these. b. The Damage to Premises Rented to You Limit will be the higher of: (1) $300,000; or (2) The amount shown on the Declarations for Damage to Premises Rented to You Limit. "< Risk Management Division REVIEWED&APPROVED BY. Form XIL 436 1208 ©2008 XL America Inc. o A Acevedo Includes copyrighted material of Insurance Services Office, Inc.,with its permissic ® rusk Hanagement specialist City Council 16 — 592 4. Paragraph 9.a.of the definition of"insured contract" under Section V-Definitions, is deleted in its entirety and replaced by the following: ["Insured contract' means:] a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage to premises while rented to you, or temporarily occupied by you with the permission of the owner is not an "insured contract'. 5. This Article B. does not apply if coverage for Damage to Premises Rented to You of Coverage A. Bodily Injury And Property Damage Liability of Section I — Coverages is excluded by endorsement. C. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions contained in Exclusion g., Aircraft, Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage of Section I—Coverages: [This exclusion does not apply to:) Aircraft chartered with crew to any insured. 2. This Article C. does not apply if the chartered aircraft is owned by any insured. 3. The insurance provided by this Article C. shall be excess over any valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. D. NON-OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of Exclusion g. Aircraft. Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I— Coverages is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) 50 feet long or less; and (b) Not being used to carry persons or property for a charge-, 2. This Article D. applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of the watercraft. 3. This insurance provided by this Article D. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. E. PERSONAL AND ADVERTISING INJURY—ASSUMED BY INSURED CONTRACT 1. Exclusion e. Contractual Liability in Part 2., Exclusions of Coverage B. Personal And Advertising Injury Liability of Section I— Coverages is deleted in its entirety and replaced by the following: Risk Management DMsIcrn % REVIEWED&APPROVED BY. Form XIL 436 1208 ©2008 XL America Inc. o A Acevedo Includes copyrighted material of Insurance Services Office, Inc.,with its permissic ® rusk Management specialist City Council 16 — 593 [This insurance does not apply to:) e. Contractual Liability "Personal and Advertising Injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: 1. That the insured would have in the absence of the contract or agreement; or 2. Assumed in a written contract or agreement that is an "insured contract"; provided the "personal and advertising injury" is caused by an offense which occurs subsequent to the execution of the contract or agreement. 2. Subparagraph f. of the definition of"insured contract" Section V.- Definitions is deleted in its entirety and replaced by the following: f. That part of any other contract or agreement pertaining to your business, including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for"bodily injury", "property damage" or"personal and advertising injury" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 2. This Article E. does not apply if Coverage B. Personal And Advertising Injury Liability is excluded by endorsement. F. INCREASED SUPPLEMENTARY PAYMENTS Subparagraphs 1. b. and d. of Supplementary Payments—Coverages A And B of Section I - Coverages are amended as follows: 1. In Subparagraph b., the amount we will pay for the cost of bail bonds is increased up to $5,000. 2. In Subparagraph d., the amount we will pay for a loss of earnings is increased up to $1,000 a day. G. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declarations is as follows: The person or organizations named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority interest on the effective date of the policy. However, coverage for any such organization will cease as of the date that you no longer maintain ownership of, or majority interest in, such organization. 2. This Article G.does not apply to any person or organization for which coverage is excluded by endorsement. "< Risk Management Division REVIEWED&APPROVED BY. Form XIL 436 1208 ©2008 XL America Inc. o A Acevedo Includes copyrighted material of Insurance Services Office, Inc.,with its permissic ® rusk Hanagement specialist City Council 16 — 594 H. BLANKET ADDITIONAL INSURED—MANAGERS OR LESSORS OF PREMISES 1. Section II-Who Is An Insured is amended to include as an insured any person or organization with whom you have agreed in a written contract executed prior to loss (an "additional insured"), but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the "additional insured" shall be the limits you agreed to provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the "additional insured" does not apply to: (1) Any"occurrence"that takes place after you cease to be a tenant in that premises; (2) Any premises for which coverage is excluded by endorsement; or (3) Structural alterations, new construction or demolition operations performed by or on behalf of such "additional insured". 2. The insurance afforded to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. I. BLANKET ADDITIONAL INSURED—LESSOR OF LEASED EQUIPMENT 1. Section II-Who Is An Insured is amended to include an "additional insured" (as defined in Article H. above), but only with respect to their liability arising out of maintenance, operation or use by you of equipment leased to you by such "additional insured", subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the "additional insured" shall be the limits which you agreed to provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the "additional insured" does not apply to: (1) Any "occurrence" that takes place after the equipment lease expires; or (2) "Bodily injury" or"property damage" arising out of the sole negligence of such additional insured. 2. The insurance provided to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have a written contract for this insurance to apply on a primary or contributory basis. J. INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS 1. Section II-Who Is An Insured is amended to include your"employees" as insureds with respect to "bodily injury" to a co-"employee" in the course of the co-"employee's" employment by you, or to your"volunteer workers"while performing duties related to the conduct of your business, provided that this coverage for your"employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. Risk Management Division nREVIEWED&APPROVED BY. Form XIL 436 1208 ©2008, XL America, Inc. . A Acevedo Includes copyrighted material of Insurance Services Office, Inc.,with its permissic ® rusk Management specialist City Council 16 — 595 2. Section II—Who Is An Insured is amended to include your"volunteer workers" as insureds with respect to "bodily injury" to a co-"volunteer worker" while performing duties related to the conduct of your business, or to your"employees" employment by you, provided that this coverage for your"volunteer workers" does not apply while performing duties unrelated to the conduct of your business. K. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit of the Section IV-Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to any insured listed under Paragraph 1. of Section II-Who Is An Insured or any "employee" (such as insurance, loss control, risk manager or administrator) designated by you to give such notice. Knowledge of any other"employee(s)" of an "occurrence" or of an offense does not imply that you also have such knowledge. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1. of Section II—Who Is An Insured or an "employee" (such as an insurance, loss control, or risk manager or administrator) designated by you to give such notice discovers that the "occurrence", offense or claim may involve this policy. L. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Representations, of Section IV-Commercial General Liability Conditions: The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. However, this Article L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws or regulations. M. LIBERALIZATION The following is added to Section IV-Commercial General Liability Conditions: Liberalization After the issuance of this policy, if we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without a premium charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. Risk Management DMsIcrn REVIEWED&APPROVED BY. Form XIL 436 1208 ©2008, XL America, Inc. o A Acevedo Includes copyrighted material of Insurance Services Office, Inc.,with its permissic ® rusk Hanagement specialist City Council 16 — 596 N. BLANKET WAIVER OF SUBROGATION The following is added to Section IV-Commercial General Liability Conditions: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or"your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. O. INCIDENTAL MEDICAL MALPRACTICE INJURY 1. For insurance applicable to this Article O, the definition of "bodily injury" in Section V - Definitions is amended to include, "Incidental Medical Malpractice Injury". 2. The following definition is added to Section V- Definitions: "Incidental medical malpractice injury" means "bodily injury", mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of, or failure to render, the following services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; c. First aid; or d. "Good Samaritan Services". As used in this Article O., "Good Samaritan Services"are those medical services rendered or provided in an emergency and for which no remuneration is demanded or received. 3. Paragraph 2.a.(1)(d) of Section II -Who Is An Insured does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in Paragraph 2. above and while acting within the scope of their employment by you. Any "employees" rendering "Good Samaritan Services"will be deemed to be acting within the scope of their employment by you. 4. The following exclusion is added to Paragraph 2. Exclusions of Coverage A.— Bodily Injury And Property Damage Liability of Section I—Coverages: [This insurance does not apply to:) Willful Violation of Penal Statute Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. 5. For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of services described in Paragraph 2.a.through 2.d.above to any one person,will be considered one"occurrence". 6. This Article O. does not apply if you are in the business or occupation of providing any of the services described in Paragraph 2. above. Risk Management Division ,In REVIEWED&APPROVED BY. Form XIL 436 1208 ©2008, XL America, Inc. o A Acevedo Includes copyrighted material of Insurance Services Office, Inc.,with its permissic `® rusk Management specialist City Council 16 — 597 7. The insurance provided by this Article O. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. P. EXTENSION OF COVERAGE—BODILY INJURY The definition of"bodily injury" Section V- Definitions is deleted in its entirety and replaced by the following: 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. Q. COVERAGE TERRITORY The definition of"coverage territory" Section V- Definitions is deleted in its entirety and replaced by the following: 4. "Coverage territory" means anywhere in the world. This insurance does not apply to: a. "bodily injury" or"property damage" that takes place; or b. "personal and advertising injury" caused by an offense committed outside the United States of America (including its possessions and territories), Canada and Puerto Rico, unless a "suit" on the merits (to determine the insured's responsibility to pay damages to which this insurance applies) is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico. This insurance does not apply to damage, loss, cost or expenses in connection with any "suit" brought outside the United States of America (including its possessions and territories), Canada or Puerto Rico. Risk Management Division ,In REVIEWED&APPROVED BY: Form XIL 436 1208 ©2008, XL America, Inc. o A Acevedo Includes copyrighted material of Insurance Services Office, Inc.,with its permissic `® rusk Management specialist City Council 16 — 598 DATE(MMIDDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE `...-� 08/06/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AETOS PARTNERS INSURANCE SERVICES INC. NAME: Lawrence Dy 4869 TOPANGA CANYON BLVD #2 AIc"N Ext: 818-914-0933 A/c No: 806-621-4747 WOODLAND HILLS, CA 91364 E-MAIL ADDRESS: lawrence@aetosinsurance.com License#: 6015804 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Greenwich Insurance Company 22322 INSURED INSURERB: CorePOlnte Insurance Company 10499 PCA Arborists& Consultants, Inc. INSURERC: XL Specialty Insurance Company 37885 910 E. Walnut St. INSURER D7 Santa Ana, CA 92701 INSURER E 7 INSURER F: COVERAGES CERTIFICATE NUMBER: 00000004-260623133762 REVISION NUMBER: 12 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LT R POLICY NUMBER MM DD YYYY MM/DD YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y NPC-1006073-03 06/17/2026 06/17/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE L Fvl DAMAGE A] OCCUR PREM SESOERENTED a occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICYEl jE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y NBA-1009128-01 05/17/2025 05/17/2026 EOa accident) SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY AUTOS ONLY Per accident $ A UMBRELLA LIAB X OCCUR Y Y NEC-7000978-00 06/17/2026 06/17/2026 EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED I I RETENTION$ $ B AND EMPLOYERS'LIABILITY WORKERS COMPENSATION Y CTP1003831 06/17/2026 06/17/2026 X STATUTE OERH ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Inland Marine NIM-1010211-00 06/17/2026 06/17/2026 Catastrophe Limit 327,908 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana, its City Council, officers, officials, employees,agents, and volunteer is listed as additional insured. A waiver of subrogation under the Worker's Compensation and General Liability is in favor of the City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Tu Tran Digitally signed by Tu Tran Nguyen APPROVED Date:2025.08.06 Nguyen 12:04:07-07'00' By T8d T0"a41 Ng[9)/eNt 1$12.`03 p6Sd,Aug 06,2025'.. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Attn: PRCSA—Zoo ACCORDANCE WITH THE POLICY PROVISIONS. 1801 E Chestnut Ave. M-90 Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE i- a,uvttitu. LMD 0 1988-2015 ACORD CORPORATI ng is reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by LMD on 08/06/2025 at 11:38AM POLICY NUMBER: XIC 421 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE DESCRIPTION A. Temporary Substitute Auto Physical Damage B. Who Is An Insured 1. Broad Form Insured 2. Employees As Insureds 3. Additional Insured By Contract, Agreement or Permit 4. Employee Hired Autos C. Supplementary Payments D. Amended Fellow Employee Exclusion E. Physical Damage Coverage 1. Rental Reimbursement 2. Extra Expense— Broadened Coverage 3. Personal Effects Coverage 4. Lease Gap 5. Glass Repair—Waiver Of Deductible F. Physical Damage Coverage Extensions 1. Additional Transportation Expense 2. Hired Auto Physical Damage G. Business Auto Conditions 1. Notice Of Occurrence 2. Waiver Of Subrogation 3. Unintentional Failure To Disclose Hazards 4. Primary Insurance H. Bodily Injury Redefined I. Extended Cancellation Condition XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 1 of 6 City Council Includes copyrighted material of Insurance Se es e, Inc.,with its permission. 7/7/2026 A. Temporary Substitute Auto Physical Damage SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is changed by adding the following: If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos"for Physical Damage coverage: 1. Any"auto"you do not own while used with the permission of its owner as a temporary substitute for a covered "auto"you own that is out of service because of its: a. Breakdown; b. Repair; C. Servicing; d. "Loss"; or e. Destruction. B. Who Is An Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following: 1. Broad Form Insured For any covered "auto", any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury" or "property damage"that occurred before you acquired or formed the organization. 2. Employees As Insureds Any"employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow, in your business or your personal affairs. 3. Additional Insured By Contract, Agreement Or Permit Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract, agreement or permit. 4. Employee Hired Autos An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 2 of 6 City Council Includes copyrighted material of Insurance Se es e, Inc.,with its permission. 7/7/2026 ENDORSEMENT# This endorsement, effective 12:01 a.m., forms part of Policy No. issued to by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force— Bodily Injury or Property Damage B. Damage To Premises Rented To You Extension • Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage • Limit increased to $300,000 C. Aircraft Chartered with Crew D. Non-Owned Watercraft E. Personal and Advertising Injury—Assumed by Insured Contract F. Increased Supplementary Payments • Cost for bail bonds increased to $5,000 • Loss of earnings increased to$1,000 per day G. Resulting Damage to Your Work or Your Product H. Broadened Named Insured I. In Rem J. Additional Insured—Automatic Status When Required in Written Contract or Agreement K. Blanket Additional Insured—Managers or Lessors of Premises L. Blanket Additional Insured—Lessor of Leased Equipment M. Blanket Additional Insured—Controlling Interest XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 1 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atelial Of 111buldilue Sel ME 7/7/2026 N. Blanket Additional Insured—Mortgagee, Assignee or Receiver O. Blanket Additional Insured—State or Governmental Agency P. Blanket Additional Insured—Vendors Q. Blanket Additional Insured—Grantor of Franchise R. Primary Insurance Clause Endorsement S. Injury to Co-Employees and Co-Volunteer Workers T. Knowledge and Notice of Occurrence or Offense U. Unintentional Omission V. Unintentional Failure to Notify or Report W. Liberalization X. Blanket Waiver of Subrogation Y. Extension of Coverage— Bodily Injury Z. Coverage Territory XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 2 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atelial Of 111buldilue Sel ME 7/7/2026 A. REASONABLE FORCE— BODILY INJURY OR PROPERTY DAMAGE 1. Exclusion a. Expected Or Intended Injury of Paragraph 2., Exclusions of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I—COVERAGES is deleted in its entirety and replaced by the following: This insurance does not apply to: Expected Or Intended Injury Or Damage a. "Bodily injury"or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last Paragraph of 2. Exclusions of COVERAGE A.- BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage.A separate limit of insurance applies to this coverage as described in SECTION III—LIMITS OF INSURANCE. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or C. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of SECTION III-LIMITS OF INSURANCE is deleted in its entirety and replaced by the following: 6.a. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire, explosion, lightning, smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage or any combination of any of these. b. The Damage to Premises Rented to You Limit will be the higher of: (1) $300,000; or (2) The amount shown on the Declarations for Damage to Premises Rented to You Limit. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 3 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atellal Of 111buldilue Sel ME 7/7/2026 4. Paragraph 9.a. of the definition of"insured contract" under SECTION V- DEFINITIONS, is deleted in its entirety and replaced by the following: "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning,explosion, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage to premises while rented to you, or temporarily occupied by you with the permission of the owner is not an "insured contract". 5. This Article B. does not apply if coverage for Damage to Premises Rented to You of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES is excluded by endorsement. C. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions contained in exclusion g., Aircraft, Auto Or Watercraft in Paragraph 2., Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY SECTION -COVERAGES: This exclusion does not apply to: Aircraft chartered with crew to any insured. 2. This Article C. does not apply if the chartered aircraft is owned by any insured. 3. The insurance provided by this Article C. shall be excess over any valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. D. NON-OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of exclusion g. Aircraft. Auto Or Watercraft in Paragraph 2., Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I - COVERAGES is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) 50 feet long or less; and (b) Not being used to carry persons or property for a charge; 2. This Article D. applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of the watercraft. 3. This insurance provided by this Article D. shall be excess over any other valid and collectible insurance available to the insured,whether primary, excess, contingent or on any other basis,except for insurance purchased specifically by you to be excess of this policy. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 4 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atelial Of 111buldilue Sel ME 79 7/7/2026 E. PERSONAL AND ADVERTISING INJURY—ASSUMED BY INSURED CONTRACT 1. Exclusion e. Contractual Liability in Paragraph 2., Exclusions of COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY of SECTION I—COVERAGES is deleted in its entirety and replaced by the following: This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a written contract or agreement that is an "insured contract"; provided the "personal and advertising injury" is caused by an offense which occurs subsequent to the execution of the contract or agreement. 2. Subparagraph f. of the definition of"insured contract" SECTION V— DEFINITIONS is deleted in its entirety and replaced by the following: f. That part of any other contract or agreement pertaining to your business, including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for"bodily injury", "property damage" or "personal and advertising injury" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 3. This Article E. does not apply if Coverage B. Personal And Advertising Injury Liability is excluded by endorsement. F. INCREASED SUPPLEMENTARY PAYMENTS Subparagraphs 1. b. and d. of SUPPLEMENTARY PAYMENTS—COVERAGES A AND B of SECTION I— COVERAGES are amended as follows: 1. In Subparagraph b., the amount we will pay for the cost of bail bonds is increased up to $5,000. 2. In Subparagraph d., the amount we will pay for a loss of earnings is increased up to$1,000 a day. G. RESULTING DAMAGE TO YOUR WORK OR YOUR PRODUCT The following is added to Paragraph 1. Insuring Agreement under COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I—COVERAGES Subject to all terms and conditions of the policy but most particularly SECTION I—COVERAGES Paragraph 2. Exclusions, a. Expected Or Intended Injury, j. Damage To Property, k. Damage To Your Product and I. Damage To Your Work, "property damage" resulting from faulty workmanship shall be deemed to be caused by an "occurrence". XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 5 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atellal Of 111buldilue Sel ME 7/7/2026 H. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declarations is as follows: The person or organizations named in Item 1. of the Declarations and any organization, other than a partnership orjoint venture, over which you maintain ownership or majority interest on the effective date of the policy. However, coverage for any such organization will cease as of the date that you no longer maintain ownership of, or majority interest in, such organization. 2. This Article G. does not apply to any person or organization for which coverage is excluded by endorsement. I. IN REM We agree that any action in rem against any vessel owned, operated by or for, or charted by or for you shall in all respects be treated in the same manner as though the action was in personam against you. J. ADDITIONAL INSURED — AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT OR AGREEMENT 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s)for whom you have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for: a. "Bodily injury" or "property damage" not included in the "products-completed operations hazard"; or b. "Personal and advertising injury"; caused by, in whole or in part, your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your operations. 2. The insurance afforded to such additional insured described in Paragraph 1. of this endorsement: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 3. With respect to insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" due to rendering of or failure to render any professional service. This includes but is not limited to: a. Legal, accounting or advertising services; b. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings or specifications; C. Inspection, supervision, quality control, architectural or engineering activities done by or for you on a project on which you serve as construction manager; d. Engineering services, including related supervisory or inspection services; XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 6 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atellal Of 111buldilue Sel ME 7/7/2026 e. Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction; f. Any health or therapeutic service treatment, advice or instruction; g. Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy; h. Any service, treatment, advice or instruction relating to physical fitness, including service, treatment, advice or instruction in connection with diet, cardiovascular fitness, bodybuilding or physical training programs; I. Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; j. Body piercing services; k. Services in the practice of pharmacy; I. Law enforcement or firefighting services; and M. Handling, embalming, disposal, burial, cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence"which caused the"bodily injury"or"property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional service. 4. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement described in Paragraph 1.; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. K. BLANKET ADDITIONAL INSURED— MANAGERS OR LESSORS OF PREMISES 1. SECTION II—WHO IS AN INSURED is amended to include as an insured any person or organization with whom you have agreed in a written contract executed prior to loss (an "additional insured"), but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the"additional insured" shall be the limits you agreed to provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the "additional insured" does not apply to: (1) Any "occurrence" that takes place after you cease to be a tenant in that premises; (2) Any premises for which coverage is excluded by endorsement; or XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 7 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atelial Of 111buldilue Sel ME 7/7/2026 (3) Structural alterations, new construction or demolition operations performed by or on behalf of such "additional insured". 2. The insurance afforded to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. L. BLANKET ADDITIONAL INSURED— LESSOR OF LEASED EQUIPMENT 1. SECTION II —WHO IS AN INSURED is amended to include an "additional insured" (as defined in Article H. above), but only with respect to their liability arising out of maintenance, operation or use by you of equipment leased to you by such "additional insured", subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the"additional insured" shall be the limits which you agreed to provide, or the limits shown on the Declarations,whichever is less. b. The insurance afforded to the "additional insured" does not apply to: (1) Any "occurrence" that takes place after the equipment lease expires; or (2) "Bodily injury" or"property damage" arising out of the sole negligence of such additional insured. 2. The insurance provided to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have a written contract for this insurance to apply on a primary or contributory basis. M. BLANKET ADDITIONAL INSURED—CONTROLLING INTEREST 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured ANY person(s) or organization(s), but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. However: C. The insurance afforded to such additional insured only applies to the extent permitted by law; and d. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 3. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 8 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atelial Of 111buldilue Sel ME 7/7/2026 b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. N. BLANKET ADDITIONAL INSURED— MORTGAGEE, ASSIGNEE OR RECEIVER 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured ANY person(s) or organization(s), but only with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of the premises by you and shown in the Schedule. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 3. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. O. BLANKET ADDITIONAL INSURED—STATE OR GOVERNMENTAL AGENCY 1. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or C. The ownership, maintenance or use of any elevators covered by this insurance. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 9 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atellal Of 111buldilue Sel ME Tv 7/7/2026 However: d. The insurance afforded to such additional insured only applies to the extent permitted by law; and e. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURED: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. P. BLANKET ADDITIONAL INSURED -VENDORS 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor), but only with respect to liability for"bodily injury" or"property damage" arising out of"your products" shown in the Schedule of this endorsement which are distributed or sold in the regular course of the vendor's business. However: a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 10 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atellal Of 111buldilue Sel ME my 7/7/2026 (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or 3. "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: a. The exceptions contained in Subparagraphs (4) or(6); or b. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 4. With respect to the insurance afforded to these vendors, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Q. BLANKET ADDITIONAL INSURED—GRANTOR OF FRANCHISE 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured ANY person(s) or organization(s), but only with respect to their liability as grantor of a franchise to you. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 11 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atelial Of 111buldilue Sel ME 7/7/2026 If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. R. PRIMARY INSURANCE CLAUSE ENDORSEMENT It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, if so required by written contract. S. INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS 1. SECTION II — WHO IS AN INSURED is amended to include your "employees" as insureds solely with respect to "bodily injury" to a co-"employee" in the course of the co-"employee's" employment by you, or to your"volunteer workers"while performing duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. SECTION II — WHO IS AN INSURED is amended to include your "volunteer workers" as insureds with respect to"bodily injury"to a co-"volunteer worker"while performing duties related to the conduct of your business, or to your"employees" employment by you, provided that this coverage for your 11 volunteer workers"does not apply while performing duties unrelated to the conduct of your business. T. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE 1. The following is added to Paragraph 2., Duties In The Event Of Occurrence, Offense, Claim Or Suit of the SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Notice of an "occurrence" or of an offense which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to any insured listed under Paragraph 1. of SECTION II — WHO IS AN INSURED or any "employee" (such as insurance, loss control, risk manager or administrator)designated by you to give such notice. Knowledge of any other "employee(s)" of an "occurrence" or of an offense does not imply that you also have such knowledge. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1.of SECTION II—WHO IS AN INSURED or an "employee" (such as an insurance, loss control, or risk manager or administrator)designated by you to give such notice discovers that the "occurrence", offense or claim may involve this policy. U. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6., Representations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. However, this Article L. does not affect our right to collect XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 12 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atelial Of 111buldilue Sel ME 7/7/2026 X. BLANKET WAIVER OF SUBROGATION 1. The following is added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 13 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atellal Of 111buldilue Sel ME 7/7/2026 This insurance does not apply to: a. "bodily injury" or"property damage"; or b. "personal and advertising injury" that takes place or is caused by an offense committed outside the United States of America(including its possessions and territories), Canada and Puerto Rico, unless a "suit" on the merits (to determine the insured's responsibility to pay damages to which this insurance applies) is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico. This insurance does not apply to damage, loss,cost or expenses in connection with any"suit"brought outside the United States of America (including its possessions and territories), Canada or Puerto Rico. All other terms and conditions of this policy remain unchanged. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 14 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atellal Of 111buldilue Sel ME 7/7/2026 X. BLANKET WAIVER OF SUBROGATION 1. The following is added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 13 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atellal Of 111buldilue Sel ME 7/7/2026 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 5/17/2025 Policy No. CTP1003831 Endorsement No. 0 Insured PCA Arborists &Consultants, Inc. Insurance Company CorePointe Insurance Company Countersigned by WC0493 ^6 (Ed. 04-QIY Council 16 — 617 7/7/2026 CITY OF SANTA ANAt r Risk Management a division of Human. Resources Managing Risk through Awareness and Ae:fion �^p➢ '�.,u AFFIDAVIT AVIT OF EXEMPTION FOR PROFESSIONAL LI BIL FIN INSURANCE l Brandon Elrod ("Representative"), attest that ➢ am an authorized (Nance and Title of Vendor Representative) P Arborists Consultants Inc. representative taf' . ............ ( C.talapaaay"), and (C onanitantJC'ornpany Name) ptasscss the authority to legally hind Company. In nay capacity as Representative of'Company, 1 represent and cont irm the following, as relates to the agreement between Company and City of"S<anta Ana, agreement number A..- 0 4 0'07-04 i d"Agreement") to provide gourd maintenance aintenance services ("Services"): (Services to be provided under agreement/contract) During the course and scrape of C'oanpany's agreement wit a (lie City of'Santa Ana, COrnpatly will not Use the services of'an expert necessitating profiessional liahilityfei-rors to Fissions liability insurance coverage in the performance of`Services to, for, or on behalf of City of Santa Ana. if'at any tinge it is found that Company is not adhering to any and/or all ofthe statements in this dOCUrnent and does not maintain the minimum professional liability insurance coverage, as rewired in the Agreement, it will he considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages, 0 / /202 siv "nallite Dale Brandon: Elrod _W Print Name President ._... u....__._ . 'I 0V Cc) tract In("nriniation,i.e.,Telephone Ncrnrber sand/car F."mail A(Idmess City Council 16 — 618 7/7/2026 Aff davit of Exemption for Prafessponal Liability Insurance 11.12.2024 DATE(MMIDDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE `...-� 08/06/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AETOS PARTNERS INSURANCE SERVICES INC. NAME: Lawrence Dy 4869 TOPANGA CANYON BLVD #2 AIc"N Ext: 818-914-0933 A/c No: 806-621-4747 WOODLAND HILLS, CA 91364 E-MAIL ADDRESS: lawrence@aetosinsurance.com License#: 6015804 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Greenwich Insurance Company 22322 INSURED INSURERB: CorePOlnte Insurance Company 10499 PCA Arborists& Consultants, Inc. INSURERC: XL Specialty Insurance Company 37885 910 E. Walnut St. INSURER D7 Santa Ana, CA 92701 INSURER E 7 INSURER F: COVERAGES CERTIFICATE NUMBER: 00000004-260623133762 REVISION NUMBER: 12 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LT R POLICY NUMBER MM DD YYYY MM/DD YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y NPC-1006073-03 06/17/2026 06/17/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE L Fvl DAMAGE A] OCCUR PREM SESOERENTED a occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICYEl jE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y NBA-1009128-01 05/17/2025 05/17/2026 EOa accident) SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY AUTOS ONLY Per accident $ A UMBRELLA LIAB X OCCUR Y Y NEC-7000978-00 06/17/2026 06/17/2026 EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED I I RETENTION$ $ B AND EMPLOYERS'LIABILITY WORKERS COMPENSATION Y CTP1003831 06/17/2026 06/17/2026 X STATUTE OERH ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Inland Marine NIM-1010211-00 06/17/2026 06/17/2026 Catastrophe Limit 327,908 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana, its City Council, officers, officials, employees,agents, and volunteer is listed as additional insured. A waiver of subrogation under the Worker's Compensation and General Liability is in favor of the City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Tu Tran Digitally signed by Tu Tran Nguyen APPROVED Date:2025.08.06 Nguyen 12:04:07-07'00' By T8d T0"a41 Ng[9)/eNt 1$12.`03 p6Sd,Aug 06,2025'.. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Attn: PRCSA—Zoo ACCORDANCE WITH THE POLICY PROVISIONS. 1801 E Chestnut Ave. M-90 Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE i- a,uvttitu. LMD 0 1988-2015 ACORD CORPORATI ng is reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by LMD on 08/06/2025 at 11:38AM POLICY NUMBER: XIC 421 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE DESCRIPTION A. Temporary Substitute Auto Physical Damage B. Who Is An Insured 1. Broad Form Insured 2. Employees As Insureds 3. Additional Insured By Contract, Agreement or Permit 4. Employee Hired Autos C. Supplementary Payments D. Amended Fellow Employee Exclusion E. Physical Damage Coverage 1. Rental Reimbursement 2. Extra Expense— Broadened Coverage 3. Personal Effects Coverage 4. Lease Gap 5. Glass Repair—Waiver Of Deductible F. Physical Damage Coverage Extensions 1. Additional Transportation Expense 2. Hired Auto Physical Damage G. Business Auto Conditions 1. Notice Of Occurrence 2. Waiver Of Subrogation 3. Unintentional Failure To Disclose Hazards 4. Primary Insurance H. Bodily Injury Redefined I. Extended Cancellation Condition XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 1 of 6 City Council Includes copyrighted material of Insurance Se es e, Inc.,with its permission. 7/7/2026 A. Temporary Substitute Auto Physical Damage SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is changed by adding the following: If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos"for Physical Damage coverage: 1. Any"auto"you do not own while used with the permission of its owner as a temporary substitute for a covered "auto"you own that is out of service because of its: a. Breakdown; b. Repair; C. Servicing; d. "Loss"; or e. Destruction. B. Who Is An Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following: 1. Broad Form Insured For any covered "auto", any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury" or "property damage"that occurred before you acquired or formed the organization. 2. Employees As Insureds Any"employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow, in your business or your personal affairs. 3. Additional Insured By Contract, Agreement Or Permit Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract, agreement or permit. 4. Employee Hired Autos An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 2 of 6 City Council Includes copyrighted material of Insurance Se es - e, Inc.,with its permission. 7/7/2026 ENDORSEMENT# This endorsement, effective 12:01 a.m., forms part of Policy No. issued to by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force— Bodily Injury or Property Damage B. Damage To Premises Rented To You Extension • Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage • Limit increased to $300,000 C. Aircraft Chartered with Crew D. Non-Owned Watercraft E. Personal and Advertising Injury—Assumed by Insured Contract F. Increased Supplementary Payments • Cost for bail bonds increased to $5,000 • Loss of earnings increased to$1,000 per day G. Resulting Damage to Your Work or Your Product H. Broadened Named Insured I. In Rem J. Additional Insured—Automatic Status When Required in Written Contract or Agreement K. Blanket Additional Insured—Managers or Lessors of Premises L. Blanket Additional Insured—Lessor of Leased Equipment M. Blanket Additional Insured—Controlling Interest XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 1 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atelial Of 111buldilue Sel M—_s 727 7/7/2026 N. Blanket Additional Insured—Mortgagee, Assignee or Receiver O. Blanket Additional Insured—State or Governmental Agency P. Blanket Additional Insured—Vendors Q. Blanket Additional Insured—Grantor of Franchise R. Primary Insurance Clause Endorsement S. Injury to Co-Employees and Co-Volunteer Workers T. Knowledge and Notice of Occurrence or Offense U. Unintentional Omission V. Unintentional Failure to Notify or Report W. Liberalization X. Blanket Waiver of Subrogation Y. Extension of Coverage— Bodily Injury Z. Coverage Territory XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 2 of 14 May not be copied without permission. City Council —727 7/7/2026 A. REASONABLE FORCE— BODILY INJURY OR PROPERTY DAMAGE 1. Exclusion a. Expected Or Intended Injury of Paragraph 2., Exclusions of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I—COVERAGES is deleted in its entirety and replaced by the following: This insurance does not apply to: Expected Or Intended Injury Or Damage a. "Bodily injury"or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last Paragraph of 2. Exclusions of COVERAGE A.- BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage.A separate limit of insurance applies to this coverage as described in SECTION III—LIMITS OF INSURANCE. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or C. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of SECTION III-LIMITS OF INSURANCE is deleted in its entirety and replaced by the following: 6.a. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire, explosion, lightning, smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage or any combination of any of these. b. The Damage to Premises Rented to You Limit will be the higher of: (1) $300,000; or (2) The amount shown on the Declarations for Damage to Premises Rented to You Limit. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 3 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atellal Of 111buldilue Sel M--s727111U., 7/7/2026 4. Paragraph 9.a. of the definition of"insured contract" under SECTION V- DEFINITIONS, is deleted in its entirety and replaced by the following: "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning,explosion, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage to premises while rented to you, or temporarily occupied by you with the permission of the owner is not an "insured contract". 5. This Article B. does not apply if coverage for Damage to Premises Rented to You of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES is excluded by endorsement. C. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions contained in exclusion g., Aircraft, Auto Or Watercraft in Paragraph 2., Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY SECTION -COVERAGES: This exclusion does not apply to: Aircraft chartered with crew to any insured. 2. This Article C. does not apply if the chartered aircraft is owned by any insured. 3. The insurance provided by this Article C. shall be excess over any valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. D. NON-OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of exclusion g. Aircraft. Auto Or Watercraft in Paragraph 2., Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I - COVERAGES is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) 50 feet long or less; and (b) Not being used to carry persons or property for a charge; 2. This Article D. applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of the watercraft. 3. This insurance provided by this Article D. shall be excess over any other valid and collectible insurance available to the insured,whether primary, excess, contingent or on any other basis,except for insurance purchased specifically by you to be excess of this policy. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 4 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atelial Of 111buldilue Sel M—_s 727 7/7/2026 E. PERSONAL AND ADVERTISING INJURY—ASSUMED BY INSURED CONTRACT 1. Exclusion e. Contractual Liability in Paragraph 2., Exclusions of COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY of SECTION I—COVERAGES is deleted in its entirety and replaced by the following: This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a written contract or agreement that is an "insured contract"; provided the "personal and advertising injury" is caused by an offense which occurs subsequent to the execution of the contract or agreement. 2. Subparagraph f. of the definition of"insured contract" SECTION V— DEFINITIONS is deleted in its entirety and replaced by the following: f. That part of any other contract or agreement pertaining to your business, including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for"bodily injury", "property damage" or "personal and advertising injury" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 3. This Article E. does not apply if Coverage B. Personal And Advertising Injury Liability is excluded by endorsement. F. INCREASED SUPPLEMENTARY PAYMENTS Subparagraphs 1. b. and d. of SUPPLEMENTARY PAYMENTS—COVERAGES A AND B of SECTION I— COVERAGES are amended as follows: 1. In Subparagraph b., the amount we will pay for the cost of bail bonds is increased up to $5,000. 2. In Subparagraph d., the amount we will pay for a loss of earnings is increased up to$1,000 a day. G. RESULTING DAMAGE TO YOUR WORK OR YOUR PRODUCT The following is added to Paragraph 1. Insuring Agreement under COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I—COVERAGES Subject to all terms and conditions of the policy but most particularly SECTION I—COVERAGES Paragraph 2. Exclusions, a. Expected Or Intended Injury, j. Damage To Property, k. Damage To Your Product and I. Damage To Your Work, "property damage" resulting from faulty workmanship shall be deemed to be caused by an "occurrence". XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 5 of 14 May not be copied without permission. City Council —727 7/7/2026 H. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declarations is as follows: The person or organizations named in Item 1. of the Declarations and any organization, other than a partnership orjoint venture, over which you maintain ownership or majority interest on the effective date of the policy. However, coverage for any such organization will cease as of the date that you no longer maintain ownership of, or majority interest in, such organization. 2. This Article G. does not apply to any person or organization for which coverage is excluded by endorsement. I. IN REM We agree that any action in rem against any vessel owned, operated by or for, or charted by or for you shall in all respects be treated in the same manner as though the action was in personam against you. J. ADDITIONAL INSURED — AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT OR AGREEMENT 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s)for whom you have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for: a. "Bodily injury" or "property damage" not included in the "products-completed operations hazard"; or b. "Personal and advertising injury"; caused by, in whole or in part, your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your operations. 2. The insurance afforded to such additional insured described in Paragraph 1. of this endorsement: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 3. With respect to insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" due to rendering of or failure to render any professional service. This includes but is not limited to: a. Legal, accounting or advertising services; b. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings or specifications; C. Inspection, supervision, quality control, architectural or engineering activities done by or for you on a project on which you serve as construction manager; d. Engineering services, including related supervisory or inspection services; XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 6 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atellal Of 111buldilue Sel M--s 727 7/7/2026 e. Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction; f. Any health or therapeutic service treatment, advice or instruction; g. Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy; h. Any service, treatment, advice or instruction relating to physical fitness, including service, treatment, advice or instruction in connection with diet, cardiovascular fitness, bodybuilding or physical training programs; I. Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; j. Body piercing services; k. Services in the practice of pharmacy; I. Law enforcement or firefighting services; and M. Handling, embalming, disposal, burial, cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence"which caused the"bodily injury"or"property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional service. 4. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement described in Paragraph 1.; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. K. BLANKET ADDITIONAL INSURED— MANAGERS OR LESSORS OF PREMISES 1. SECTION II—WHO IS AN INSURED is amended to include as an insured any person or organization with whom you have agreed in a written contract executed prior to loss (an "additional insured"), but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the"additional insured" shall be the limits you agreed to provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the "additional insured" does not apply to: (1) Any "occurrence" that takes place after you cease to be a tenant in that premises; (2) Any premises for which coverage is excluded by endorsement; or XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 7 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atelial Of 111buldilue Sel M—_s 727 7/7/2026 (3) Structural alterations, new construction or demolition operations performed by or on behalf of such "additional insured". 2. The insurance afforded to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. L. BLANKET ADDITIONAL INSURED— LESSOR OF LEASED EQUIPMENT 1. SECTION II —WHO IS AN INSURED is amended to include an "additional insured" (as defined in Article H. above), but only with respect to their liability arising out of maintenance, operation or use by you of equipment leased to you by such "additional insured", subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the"additional insured" shall be the limits which you agreed to provide, or the limits shown on the Declarations,whichever is less. b. The insurance afforded to the "additional insured" does not apply to: (1) Any "occurrence" that takes place after the equipment lease expires; or (2) "Bodily injury" or"property damage" arising out of the sole negligence of such additional insured. 2. The insurance provided to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have a written contract for this insurance to apply on a primary or contributory basis. M. BLANKET ADDITIONAL INSURED—CONTROLLING INTEREST 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured ANY person(s) or organization(s), but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. However: C. The insurance afforded to such additional insured only applies to the extent permitted by law; and d. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 3. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 8 of 14 May not be copied without permission. City Council —727 7/7/2026 b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. N. BLANKET ADDITIONAL INSURED— MORTGAGEE, ASSIGNEE OR RECEIVER 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured ANY person(s) or organization(s), but only with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of the premises by you and shown in the Schedule. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 3. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. O. BLANKET ADDITIONAL INSURED—STATE OR GOVERNMENTAL AGENCY 1. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or C. The ownership, maintenance or use of any elevators covered by this insurance. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 9 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atellal Of 111buldilue Sel ME Wo 7/7/2026 However: d. The insurance afforded to such additional insured only applies to the extent permitted by law; and e. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURED: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. P. BLANKET ADDITIONAL INSURED -VENDORS 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor), but only with respect to liability for"bodily injury" or"property damage" arising out of"your products" shown in the Schedule of this endorsement which are distributed or sold in the regular course of the vendor's business. However: a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 10 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atellal Of 111buldilue Sel ME M, 7/7/2026 (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or 3. "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: a. The exceptions contained in Subparagraphs (4) or(6); or b. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 4. With respect to the insurance afforded to these vendors, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Q. BLANKET ADDITIONAL INSURED—GRANTOR OF FRANCHISE 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured ANY person(s) or organization(s), but only with respect to their liability as grantor of a franchise to you. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III— LIMITS OF INSURANCE: XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 11 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atelial Of 111buldilue Sel ME 7/7/2026 If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. R. PRIMARY INSURANCE CLAUSE ENDORSEMENT It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, if so required by written contract. S. INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS 1. SECTION II — WHO IS AN INSURED is amended to include your "employees" as insureds solely with respect to "bodily injury" to a co-"employee" in the course of the co-"employee's" employment by you, or to your"volunteer workers"while performing duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. SECTION II — WHO IS AN INSURED is amended to include your "volunteer workers" as insureds with respect to"bodily injury"to a co-"volunteer worker"while performing duties related to the conduct of your business, or to your"employees" employment by you, provided that this coverage for your 11 volunteer workers"does not apply while performing duties unrelated to the conduct of your business. T. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE 1. The following is added to Paragraph 2., Duties In The Event Of Occurrence, Offense, Claim Or Suit of the SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Notice of an "occurrence" or of an offense which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to any insured listed under Paragraph 1. of SECTION II — WHO IS AN INSURED or any "employee" (such as insurance, loss control, risk manager or administrator)designated by you to give such notice. Knowledge of any other "employee(s)" of an "occurrence" or of an offense does not imply that you also have such knowledge. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1.of SECTION II—WHO IS AN INSURED or an "employee" (such as an insurance, loss control, or risk manager or administrator)designated by you to give such notice discovers that the "occurrence", offense or claim may involve this policy. U. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6., Representations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. However, this Article L. does not affect our right to collect XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 12 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atelial Of 111buldilue Sel ME 7/7/2026 X. BLANKET WAIVER OF SUBROGATION 1. The following is added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 13 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atellal Of 111buldilue Sel ME W111U., 7/7/2026 This insurance does not apply to: a. "bodily injury" or"property damage"; or b. "personal and advertising injury" that takes place or is caused by an offense committed outside the United States of America(including its possessions and territories), Canada and Puerto Rico, unless a "suit" on the merits (to determine the insured's responsibility to pay damages to which this insurance applies) is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico. This insurance does not apply to damage, loss,cost or expenses in connection with any"suit"brought outside the United States of America (including its possessions and territories), Canada or Puerto Rico. All other terms and conditions of this policy remain unchanged. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 14 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atellal Of 111buldilue Sel ME 79 7/7/2026 X. BLANKET WAIVER OF SUBROGATION 1. The following is added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 13 of 14 May not be copied without permission. City Council 111uludeb Cupyllylited 111atellal Of 111buldilue Sel ME 7/7/2026 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 5/17/2025 Policy No. CTP1003831 Endorsement No. 0 Insured PCA Arborists &Consultants, Inc. Insurance Company CorePointe Insurance Company Countersigned by WC0493 ^6 (Ed. 04-QIY Council 16 — 637 7/7/2026 CITY OF SANTA ANAt r Risk Management a division of Human. Resources Managing Risk through Awareness and Ae:fion �^p➢ '�.,u AFFIDAVIT AVIT OF EXEMPTION FOR PROFESSIONAL LI BIL FIN INSURANCE l Brandon Elrod ("Representative"), attest that ➢ am an authorized (Nance and Title of Vendor Representative) P Arborists Consultants Inc. representative taf' . ............ ( C.talapaaay"), and (C onanitantJC'ornpany Name) ptasscss the authority to legally hind Company. In nay capacity as Representative of'Company, 1 represent and cont irm the following, as relates to the agreement between Company and City of"S<anta Ana, agreement number A..- 0 4 0'07-04 i d"Agreement") to provide gourd maintenance aintenance services ("Services"): (Services to be provided under agreement/contract) During the course and scrape of C'oanpany's agreement wit a (lie City of'Santa Ana, COrnpatly will not Use the services of'an expert necessitating profiessional liahilityfei-rors to Fissions liability insurance coverage in the performance of`Services to, for, or on behalf of City of Santa Ana. if'at any tinge it is found that Company is not adhering to any and/or all ofthe statements in this dOCUrnent and does not maintain the minimum professional liability insurance coverage, as rewired in the Agreement, it will he considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages, 0 / /202 siv "nallite Dale Brandon: Elrod _W Print Name President ._... u....__._ . 'I 0V Cc) tract In("nriniation,i.e.,Telephone Ncrnrber sand/car F."mail A(Idmess City Council 16 — 638 7/7/2026 Aff davit of Exemption for Prafessponal Liability Insurance 11.12.2024 Exhibit 5 FIRST AMENDMENT WITH DMS FACILITY SERVICES TO PROVIDE GROUND MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 7, 2026, by and between DMS Facility Services ("Contractor"), 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. The parties entered into Agreement No. A-2024-007-01, dated January 16, 2024, by which Contractor agreed to provide ground maintenance services to City parks, bike trails, open spaces, and parking lots in various City districts as assigned("Agreement"). Contractor was assigned to provide services in Districts 1 and 4. B. The initial term of the Agreement runs for a three (3) year term from February 1, 2024 through January 31, 2027, with an option to grant up to two (2) one (1) year extensions through 2029. The Agreement is current and in-effect. C. The parties now wish to amend the Agreement to expand the scope of the Agreement, allowing Contractor to provide the same services in all locations within the City, as described in RFP No. 23-151. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to add additional locations to the scope. Section 1 is now restated to read as follows: Contractor 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 Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference, for all locations within the City. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. [signatures on following page] Page 1 of 2 City Council 16 — 639 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM CONTRACTOR Sonia R. Carvalho City Attorney e Nellesen y: A � ing Assistant City Attorney Title: General Manager RECOMMENDED FOR APPROVAL b6 o bsz Rnrinlfn Rncac(1 in 9'1 9096 1fi'i6 nn gf- Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency Page 2 of 2 City Council 16 — 640 Exhibit 6 FIRST AMENDMENT WITH LANDSCAPE WEST MANAGEMENT SERVICES, INC. TO PROVIDE GROUND MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 7, 2026, by and between Landscape West Management Services, Inc. ("Contractor"), 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. The parties entered into Agreement No. A-2024-007-02, dated January 16, 2024, by which Contractor agreed to provide ground maintenance services to City parks, bike trails, open spaces, and parking lots in various City districts as assigned("Agreement"). Contractor was assigned to provide services in Santa Ana Civic Center. B. The initial term of the Agreement runs for a three (3) year term from February 1, 2024 through January 31, 2027, with an option to grant up to two (2) one (1) year extensions through 2029. The Agreement is current and in-effect. C. The parties now wish to amend the Agreement to expand the scope of the Agreement, allowing Contractor to provide the same services in all locations within the City, as described in RFP No. 23-151. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to add additional locations to the scope. Section 1 is now restated to read as follows: Contractor 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 Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference, for all locations within the City. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. [signatures on following page] Page 1 of 2 City Council 16 — 641 7/7/2026 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM CONTRACTOR Sonia R. Carvalho City Attorney By:;� , �z re Nellesen By: Michael Garibay istant City Attorney Title: President RECOMMENDED FOR APPROVAL �'odoGFo�o,tat Rodolfo 11'. s(Jun 23,2026 16:36:40 PDT) Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency Page 2 of 2 City Council 16 — 642 7/7/2026 Exhibit 7 FIRST AMENDMENT WITH MARIPOSA LANDSCAPES, INC. TO PROVIDE GROUND MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 7, 2026, by and between Mariposa Landscapes, Inc. ("Contractor"), 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. The parties entered into Agreement No. A-2024-007-03, dated January 16, 2024, by which Contractor agreed to provide ground maintenance services to City parks, bike trails, open spaces,and parking lots in various City districts as assigned("Agreement"). Contractor was assigned to provide services in Districts 2 and 3. B. The initial term of the Agreement runs for a three (3) year term from February 1, 2024 through January 31, 2027, with an option to grant up to two (2) one (1) year extensions through 2029. The Agreement is current and in-effect. C. The parties now wish to amend the Agreement to expand the scope of the Agreement, allowing Contractor to provide the same services in all locations within the City, as described in RFP No. 23-151. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to add additional locations to the scope. Section 1 is now restated to read as follows: Contractor 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 Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference, for all locations within the City. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. [signatures on following page] Paget of 2 City Council 16 — 643 7/7/2026 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM CONTRACTOR Sonia R. Carvalho City Attorney By. Kq,fe Nellesen By:Te Noriega Assistant City Attorney Title:President RECOMMENDED FOR APPROVAL Gam, Rodolfo Rosas(Jun 25,2026 18:02:22 PDT) Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency Pa<ue 2 of 2 City Council 16 — 644 7/7/2026 Exhibit 8 FIRST AMENDMENT WITH PACIFIC COAST HORTICULTURISTS TO PROVIDE GROUND MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 7, 2026, by and between PCA Arborists & Consultants, Inc. doing business as Pacific Coast Horticulturists ("Contractor"), 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. The parties entered into Agreement No. A-2024-007-04, dated January 16, 2024, by which Contractor agreed to provide ground maintenance services to City parks, bike trails, open spaces, and parking lots in various City districts as assigned("Agreement"). Contractor was assigned to provide services for Santa Ana City Zoo. B. The initial term of the Agreement runs for a three (3) year term from February 1, 2024 through January 31, 2027, with an option to grant up to two (2) one (1) year extensions through 2029. The Agreement is current and in-effect. C. The parties now wish to amend the Agreement to expand the scope of the Agreement, allowing Contractor to provide the same services in all locations within the City, as described in RFP No. 23-151. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to add additional locations to the scope. Section 1 is now restated to read as follows: Contractor 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 Exhibit A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference, for all locations within the City. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. [signatures on following page] Page 1 of 2 City Council 16 — 645 7/7/2026 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM CONTRACTOR Sonia R. Carvalho City Attorney By: � Tse Nellesen By: Brandon Elrod sistant City Attorney Title: President RECOMMENDED FOR APPROVAL �odoGFo�o,tat Rodolfo 11'. s(Jun 23,-.2 16:36:21 PDT) Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency Page 2 of 2 City Council 16 — 646 7/7/2026 Public Works Agency www.santa-ana.org/pw Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Mabury Park Permit Parking District AGENDA TITLE Resolution Amending Mabury Park Permit Parking District RECOMMENDED ACTION Adopt a resolution amending and superseding the Mabury Park Permit Parking District Resolution 2016-042. RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 2016-042 RELATED TO THE MABURY PARK PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING THE BOUNDARIES OF THAT DISTRICT GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The Public Works Agency (PWA) is responsible for the implementation and management of the City's Residential Permit Parking Program (Program). The purpose of the Program is to enhance the quality of life in residential neighborhoods by reducing parking congestion, traffic hazards and noise. The Program accomplishes this by limiting the number of street parked vehicles on a residential block to vehicles of owners that reside within a permit parking district. Every effort is made to achieve this purpose with minimum impact on adjacent commercial establishments, residences, and institutions. In accordance with Santa Ana Municipal Code (SAMC), Section 36-481, permit parking districts may be established by City Council Resolution. Any such resolution shall designate the boundaries of the permit parking district and shall specify the parking limitations within the district. The Mabury Park Permit Parking District was initially established in 2005 via Resolution No. 2005-028 and amended in 2016 through Resolution No. 2016-042. The 2016 amendment expanded the District to include the Grand Sunshine Neighborhood, bounded by Seventeenth Street, Grand Avenue, the Santa Ana Freeway, and Lincoln Avenue. Residential permit parking districts are typically established with boundaries extending to arterials or other major roadways to encompass entire neighborhoods and established geographic boundaries. In accordance with SAMC Section 36-482, once a permit parking district is established, City Council 17 — 1 7/7/2026 Mabury Park Permit Parking District July 7, 2026 Page 2 streets within that district may be designated as permit parking only if at least 66% of the affected residential property owners vote in support for permit parking on their block. The vote is conducted through a City-issued petition submitted by property owners and verified by City staff against County property ownership records prior to implementation. The Santa Ana Municipal Code authorizes PWA to establish rules and procedures necessary or appropriate to implement the Residential Permit Parking Program. Accordingly, when residents of a block that is outside of a permit parking district desire residential permit parking, they must first show that a minimum of 51% of owners support the request via a petition. If sufficient support is demonstrated, PWA proceeds to recommend either the formulation of a new permit parking district or the expansion of an existing district. Over the past several years, residents on residential streets near the Mabury Park Parking District in the area bounded on the north by 17th Street, on the east by Tustin Avenue, on the south by 4th Street and the west by Cabrillo Park Drive and Mabury Street (Exhibit 1), have reported difficulty finding available on-street parking near their homes. As a result, residents requested that the City evaluate these streets for inclusion in the Residential Permit Parking Program. In accordance with the Program policies, residents first submitted an interest form demonstrating neighborhood support for pursuing permit parking restrictions. The interest form received support from approximately 70% of residents, exceeding the minimum requirement of 51%. Residents also submitted photographic documentation illustrating parking conditions and the lack of available parking. To accommodate the request, in accordance with SAMC and program policies, staff recommends City Council adopt a Resolution (Exhibit 2) expanding the existing Mabury Park Permit Parking District boundaries to include the surrounding area bounded by 17th Street to the north, Tustin Avenue to the east, 4th Street and the Santa Ana Freeway to the south, and Lincoln Avenue to the west. Expanding the district boundary establishes the area eligible for participation in the Residential Permit Parking Program. Individual residential blocks within the expanded district may subsequently be designated for permit parking after obtaining at least 66% support from affected residential property owners, consistent with the Santa Ana Municipal Code. While the boundaries of the proposed district will encompass both residential and commercial properties, the Residential Permit Parking program only applies to residential properties. Commercial properties and their on-street parking are unaffected by the expansion of the district. If the proposed resolution is approved, staff will proceed with implementation of the expanded district. Implementation activities will include notifying affected residents, installing permit parking signage on qualified streets, initiating permit issuance and parking enforcement. Residents within the expanded district will be eligible to apply for City Council 17 — 2 7/7/2026 Mabury Park Permit Parking District July 7, 2026 Page 3 residential parking permits in accordance with the Santa Ana Municipal Code, and the Residential Permit Parking Program requirements. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2026-031 will be filed for this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Mabury Park District Boundary 2. Resolution Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 17 — 3 7/7/2026 EXHIBIT 1 i 17TH ST + 17 ST J t Ir � � I • � i I i [T ST c in ' • � I 0 3 o n TH ITN ST 4TH ST z DIDi n 1 nIF] �In LEGEND EXISTING MABURY PARK PERMIT PARKING DISTRICT eo — — — PROPOSED EXPANSION TO MABURY PARKNoR"MGF PERMIT PARKING DISTRICT SANTA ANA I. MABURY PARK P WAj, PERMIT PARKING D I STR I,CT �t c. PAGE 1 OF 1 EXHIBIT City Council 17 — 4 7/7/2026 EXHIBIT 2 RESOLUTION NO. 2026-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 2016-042 RELATED TO THE MABURY PARK PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING THE BOUNDARIES OF THAT DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Pursuant to Article XI (commencing with Section 36-480) of Chapter 36 of the Santa Ana Municipal Code, the City Council of the City of Santa Ana is authorized to adopt resolutions establishing permit parking districts in which parking restrictions apply to all vehicles except those vehicles that have been issued parking permits pursuant to such Article. B. By Resolution No. 2005-028, the City Council of the City of Santa Ana established the Mabury Park Permit Parking District. The District was later expanded by Resolution No. 2016-042 to include the Grand Sunshine neighborhood, as shown on Exhibit 1, attached hereto and incorporated by reference. C. Owners of the residential properties near the Mabury Park Permit Parking District have noted a lack of available parking on their streets and asked to participate in the City's permit parking program. Consistent with City policies, sufficient petitions were received from such residents to meet the criteria for permit parking. D. To accommodate the present and any future requests in this area, the City Council now wishes to expand the Mabury Park Permit Parking District. Section 2. Section 2 of Resolution 2016-042 is hereby amended to expand the Mabury Park Permit Parking District to consist in its entirety of the existing and proposed areas delineated on Exhibit 1, attached hereto and incorporated by reference. Said District shall not include any street on its outer boundary and does not include Seventeenth Street, Grand Avenue, Fourth Street, or Tustin Avenue. Sections of any street abutting non-residential uses with said District's boundaries shall also not be included. Resolution No. 2026-xx Page 1 of 2 City Council 17 — 5 7/7/2026 Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: le Nellesen Assistant City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, Clerk of the Council do hereby attest to and certify the attached Resolution No 2026-XX to be the original resolution adopted by the City Council of the City of Santa Ana on Date Clerk of the Council City of Santa Ana Resolution No. 2026-xx Page 2 of 2 City Council 17 — 6 7/7/2026 iL]17TH ST Li= 17TH ST J t Ir � � I • � i I i [T ST c in ' • � I 0 3 o n�i n TH ITN ST 47H ST z nIF] �In LEGEND EXISTING MABURY PARK PERMIT PARKING DISTRICT eo — — — PROPOSED EXPANSION TO MABURY PARKNoR"MGF PERMIT PARKING DISTRICT SANTA ANA I. MABURY PARK P WAj, PERMIT PARKING D I STR I,CT �t . PAGE 1 OF 1 EXHIBIT City Council 17 — 7 7/7/2026 Planning and Building Agency 71 www.santa-ana.org/pb Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Density Bonus Agreement No. 2026-03 — Watermarke Sandpointe Mixed-Use Development (200 East Sandpointe Avenue) AGENDA TITLE Density Bonus Agreement No. 2026-03 — Watermarke Sandpointe Mixed-Use Development (200 East Sandpointe Ave.) RECOMMENDED ACTIONS 1. Adopt a resolution approving Density Bonus Agreement No. 2026-03; and RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2026-03 FOR A MIXED-USE DEVELOPMENT WITH 400 UNIT RESIDENTIAL UNITS, INCLUDING 20 UNITS PROPOSED AS AFFORDABLE TO EXTREMELY LOW-INCOME HOUSEHOLDS, AND 13,887 SQUARE FEET OF COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 200 EAST SANDPOINTE AVENUE (APNS: 411-111-07, 411-111-09, 411-111-10, AND 411- 111-11) 2. Authorize the City Manager to execute a Density Bonus Agreement with CM Sandpointe, LLC, GH Sandpointe LLC, VMT Sandpointe LLC, and QC Sandpointe LLC, with a 55-year covenant term, for a rental residential development consisting of a 400 unit multi-family residential development, including 20 affordable units (5% of the total units) proposed as affordable to extremely low-income households, at the property located at 200 East Sandpointe Avenue (Agreement No. A-2026-XXX); and 3. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action (below) is exempt from further review under Sections 15183 and 15162. GOVERNMENT CODE 484308 APPLIES: Yes EXECUTIVE SUMMARY CM Sandpointe, LLC, GH Sandpointe LLC, JMT Sandpointe LLC, and QC Sandpointe LLC (collectively, "Applicant" and "Owner"), is requesting approval of Density Bonus Agreement (DBA) No. 2026-03 to allow the construction of a mixed-use development City Council 18 — 1 7/7/2026 Density Bonus Agreement No. 2026-03—Watermarke Sandpointe (200 East Sandpointe Avenue) July 7, 2026 Page 2 consisting of 400 rental units, including 20 affordable units (5% of the total units) reserved for extremely low-income households, and 13,887 square feet of ground-floor commercial at the property located at 200 East Sandpointe Avenue ("Project"). As proposed, the Project does not request a numerical density bonus nor does it seek to utilize any concessions or waivers to deviate from development standards pursuant to California Government Code Sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607. Staff recommends approval of the Applicant's request as the Project is consistent with the General Plan, will add 400 units to the City's housing stock, satisfies inclusionary housing requirements through on-site affordable units, reinvests in an underutilized site, and would not result in adverse environmental or public health impacts. Planninq Commission Action On May 11, 2026, the Planning Commission held a public hearing for the Project and voted 6:0:1, with Commissioner Oliva absent, to approve Conditional Use Permit ("CUP") No. 2025-16 for proposed multifamily development and commercial uses, based on the required findings. Density Bonus Agreement No. 2026-03 was not considered by the Planning Commission, as no concessions or waivers were requested requiring documentation in a DBA pursuant to SAMC Section 41-1607. In accordance with SAMC Section 41-1602(d), approval of the DBA is under the jurisdiction of the City Council. DISCUSSION Table 1: Project and Location Information Item Information Project Address and 200 East Sandpointe Avenue—Ward 4 Council Ward Nearest Intersection Main Street and Sandpointe Avenue General Plan Designation District Center—Medium Low DC-1.5 Zoning Designation Hutton Centre Mixed Use Specific Development District— Specific Development No. 76 SD-76 , Zone 1 North Multifamily Residential, Office, Restaurant Surrounding Land Uses East Hotel and Surface Parkin South Manufacturing, Wholesale, Warehouse, Office, Parking Garage West Single-Family Residential across Main Street Property Size 5.37 acres 233,831 square feet Existing Site Development 158,178 s . ft. (gross floor area eight-story office building and surface parking Use Permissions Multi-Family Residential, Live-Work, Retail and Service (permitted under SD- 76, Zone 2, as part of SB 330 request) Zoning Code Sections Uses SD-76, Section 7, #5; SAMC Section 41-593 and 41-638(a)(1); Affected Article XVI.I (Density Bonus Project Description The Applicant proposes a two-phase multi-family mixed-use development incorporating rental apartments and ground-floor commercial units. Upon completion of both phases, the Project will include a total of 400 residential units and approximately 13,887 square City Council 18 — 2 7/7/2026 Density Bonus Agreement No. 2026-03—Watermarke Sandpointe (200 East Sandpointe Avenue) July 7, 2026 Page 3 feet of commercial space. Phase 1, located on the western portion of the site, includes redevelopment of the existing surface parking area with 224 apartment units, 5,818 square feet of ground-floor commercial space, and a structured parking facility, while retaining the existing eight-story office building. Phase 2, located on the eastern portion of the site, includes demolition of the existing office building and construction of 176 apartment units and approximately 8,069 square feet of commercial space. The Project's residential component consists of a mix of studio, one-, and two-bedroom units ranging in size from approximately 576 square feet to 1,115 square feet offered in seven different floor plan layouts. Some residential units will feature private balconies or patios to enhance building articulation and provide additional outdoor living space for residents. The proposed residential density is 74.5 dwelling units per acre (du/acre), which is below the permitted maximum density of 90 du/acre. The Project features a contemporary architectural style consistent with multi-family and mixed-use developments currently under construction throughout Santa Ana and the surrounding region. Building massing is articulated through varied wall planes, material transitions, and six plaster color tones. Exterior materials include metal trim, railings, and awnings, horizontal wood-like cement panels, metal panels, vertical cement board siding, and glass railings. Ground-floor commercial frontages incorporate curtain wall glazing, muted black-and-white brick veneer, and taller ceiling heights for greater transparency into the spaces. A mural wall is proposed to wrap the corner of the commercial area near Main Street by the western courtyard. The Project provides approximately 85,960 square feet of common open space, representing 37% of the site area. Open space amenities include landscaped courtyards, private balconies, and patios for select residential units. Although not all units include private balconies, every resident gains access to generous common open space distributed site-wide, offering seating, landscaping, and massing breaks, with select areas designed for public accessibility. The highly amenitized resident-only space on Level 7 of the parking structure provides substantial recreational and social opportunities that fully compensate for any lack of private outdoor areas on select units. This space is designed for social and recreational use and features a 1,873-square-foot clubroom and a 2,476- square-foot fitness space with showers and restrooms, fitness, and yoga facilities. The rooftop amenity deck also includes an outdoor swimming pool and spa, cabanas, outdoor dining areas with barbeques, dining tables, trellised shade structures, lounge seating, lounge chairs, daybeds, and a fitness lawn. Lighting at the amenity deck will be conditioned to be equipped with dimmers and light shields, and fixtures shall be directed downward and away from adjacent properties to minimize spillover and glare. At the ground level, publicly accessible open space along Sandpointe Avenue will feature retail plazas with decorative accent paving, pedestrian lighting, and a variety of seating options. The resident-only east courtyard will provide additional recreational opportunities, including outdoor dining areas with barbeques, a game garden, a movie City Council 18 — 3 7/7/2026 Density Bonus Agreement No. 2026-03—Watermarke Sandpointe (200 East Sandpointe Avenue) July 7, 2026 Page 4 screen, a bocce ball court, and a shaded olive grove. Additional ground-level resident amenities will include a 735-square-foot business lounge, dedicated dog park and dog spa, with lighting integrated throughout the resident courtyards, public plazas, and common open space areas. Density Bonus Under California Density Bonus law, developers proposing five or more residential units are allowed to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek up to five incentives/concessions and an unlimited number of waivers. The incentives/concessions are generally reductions in site development standards or modification of zoning code requirements or architectural design requirements, and waivers are essentially variances from development standards (a site or construction condition). The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers or reductions for affordable or mixed- income developments, even if they do not require a numerical density bonus. Moreover, in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to "justify" the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. For this Project, the developer is not requesting a State density bonus for additional units, incentive/concessions, or waivers as part of the Project. Due to the Project's five-percent (5%) affordability rate, the developer can seek one density bonus incentive/concession and unlimited waivers, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, California Assembly Bill No. 2345, approved September 28, 2020, revised the State Density Bonus Law originally adopted in 1979 to provide additional benefits for projects that include qualifying affordable housing. The purpose of the State Density Bonus Law is to encourage the development and availability of affordable housing. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested incentives, concessions, and waivers. The City has analyzed the Project and has identified several areas of potential impacts; however, the conditions of approval proposed for the Project are intended to address the Project's potential impacts. Onsite Parking City Council 18 — 4 7/7/2026 Density Bonus Agreement No. 2026-03—Watermarke Sandpointe (200 East Sandpointe Avenue) July 7, 2026 Page 5 The Project proposes to utilize the State's parking ratios for qualifying affordable housing projects pursuant to Government Code Section 65915(p), which require a maximum of one space per studio and one-bedroom unit and 1.5 spaces per two-bedroom unit. This reduction in parking standards is permitted by State Density Bonus Law and does not constitute an incentive/concession or waiver. At full buildout, the Project will provide a total of 718 parking spaces, exceeding the overall requirement of 516 spaces by 202 spaces. The residential component requires 447 parking spaces pursuant to California Government Code Section 65915(p), which establishes the applicable parking ratios for qualifying affordable housing developments. The commercial component requires 69 parking spaces based on a ratio of five spaces per 1,000 square feet of floor area. Table 2: Required and Provided Parking Unit Type Required Ratio Units/S . Ft. Retail Parking Spaces Studio 1.0 spaces 29 29 spaces required One1-Bedroom 1.0 space 277 277 spaces required Two-Bedroom 1.5 spaces 94 141 spaces required Retail 5 spaces per 1,000 s . ft. 13,887 s . ft. retail 69 spaces required 447 spaces required, Total 718 spaces provided The Project is not anticipated to have any parking impacts. However, to proactively address any neighborhood parking impacts that could result from the Project, the conditions of approval require a post-occupancy parking utilization survey and provisions requiring ongoing parking management practices throughout the life of the Project, including and measures such as: • Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the onsite parking spaces for both residents and guests; • Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; • Requiring that overflow parking be directed to available spaces at the 6 Hutton Centre Drive (Griffin Towers) and 203 East Sandpointe Avenue garages; • Policies for towing unauthorized vehicles, vehicles parked in unauthorized locations (such as fire lanes), vehicles parking in surface guest parking without a sticker, hang- tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed; and • Routine garage inspections to ensure garage is available for vehicle parking. Collectively, these design and operational measures ensure that the Project is compatible with its surroundings and will not be detrimental to the health, safety, or general welfare of nearby residents or workers. Affordable Housing Opportunity and Creation Ordinance City Council 18 — 5 7/7/2026 Density Bonus Agreement No. 2026-03—Watermarke Sandpointe (200 East Sandpointe Avenue) July 7, 2026 Page 6 The Project meets the affordable housing goal for the rental category of the City's Affordable Housing Opportunity and Creation Ordinance (AHOCO) by providing 20 onsite units designated for households earning 30% of the AMI (extremely low-income), which is currently set at $50,750 for a four-person, significantly enhancing the opportunity for income eligible Santa Ana households to rent a home in the City at a lower cost. The units will be dispersed throughout the community. These affordable units will consist of one studio, 14 one-bedroom, and five two-bedroom units, ranging from 576 to 1,115 square feet in size and will contain full kitchens, bathrooms, and open/common (living) areas. The developer's Inclusionary Housing Plan has been reviewed and approved by the City's Housing Division. Table 3: Affordable Unit Breakdown Unit Type Units Units in Affordable Project Percent of Unit Type Studio 576 s . ft. 1 29 3% One-Bedroom 710-735 s . ft. 14 277 5% Two-Bedroom 1,067-1,115 s . ft. 5 141 4% Total 20 400 Public Notification and Community Outreach As the City Council's approval of this agreement does not constitute a public hearing, no public notification or community outreach is required under applicable state law or local ordinances prior to Council action. However, staff notes that project notifications were posted, published, and mailed in accordance with City and State regulations for the required Planning Commission public hearing. In addition, staff contacted the provided contacts for the Sandpointe Neighborhood Association to ensure they were aware of the project and Planning Commission public hearing. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the Applicant submitted CEQA analysis for a project consisting of 400 dwelling units, 13,887 square feet of commercial space, and eight levels of parking. The City retained Ascent Environmental, Inc. to conduct an independent peer review, which concluded that the analysis and findings are adequate to support the City's determination. The Project was subsequently revised to remove one dwelling unit, redesignating it as a residential amenity/business lounge, remove basement parking, and to provide 5% affordability for extremely low-income households. Because the Project does not increase the project footprint or building envelope and is equal to or less intensive than the project originally analyzed, the environmental analysis remains valid. The Project qualifies for exemption from further environmental review under Sections 15183 and 15162. Section 15183 applies to projects consistent with the General Plan or zoning where redevelopment impacts have been adequately analyzed for the area, while City Council 18 — 6 7/7/2026 Density Bonus Agreement No. 2026-03—Watermarke Sandpointe (200 East Sandpointe Avenue) July 7, 2026 Page 7 Section 15162 applies when a previously certified Program Environmental Impact Report (Program EIR) adequately analyzed the environmental effects of an activity and no new significant impacts would result from the proposed Project. The Project is within the scope of the 2022 Santa Ana General Plan EIR (SCH No. 2020029087). CEQA Guidelines Section 15162 prohibits a subsequent or supplemental EIR unless: (1) substantial changes are proposed in the project; (2) substantial changes occur in circumstances under which the project is undertaken; or (3) new information of substantial importance becomes available. The Project is consistent with the land use designation analyzed in the General Plan EIR. No supplemental or subsequent EIR is required because: (1)the amendment will not require major revisions of the EIR; (2) there have been no substantial changes with respect to circumstances under which the General Plan was approved that will require major revisions; and (3) no new information, which was not known and could not have been known at the time the EIR was certified as complete, has become available. The prior EIR adequately describes the environmental setting, impacts, and mitigation measures. Therefore, a Notice of Exemption, Environmental Review No. ER-2024-45, will be filed for the Project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBITS 1. Resolution — Density Bonus Agreement 2. Draft Density Bonus Agreement 3. May 11, 2026 — Planning Commission Staff Report and Exhibits (hyperlink) Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency and Michael L. Garcia, Executive Director of Community Development Agency Approved By: Alvaro Nunez, City Manager City Council 18 — 7 7/7/2026 RESOLUTION NO. 2026-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2026-03 FOR A MIXED-USE DEVELOPMENT WITH 400 RESIDENTIAL UNITS, INCLUDING 20 UNITS PROPOSED AS AFFORDABLE TO EXTREMELY LOW-INCOME HOUSEHOLDS, AND 13,887 SQUARE FEET OF COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 200 EAST SANDPOINTE AVENUE (APNS: 411-111-07, 411-111-09, 411-111-10, AND 411-111-11) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. CM Sandpointe, LLC, GH Sandpointe LLC, JMT Sandpointe LLC and QC Sandpointe LLC (collectively, "Applicant" and "Owner"), request approval of Density Bonus Application (DBA) No. 2026-03 to facilitate the construction of a mixed-use development, with 400 apartment units, including 20 affordable units (five percent of the total units) reserved for extremely low- income households, and 13,887 square feet of ground-floor commercial space for the property located at 200 East Sandpointe Avenue ("Project"). B. California Government Code Sections 65915 through 65918 (State Density Bonus Law) and Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607 authorize qualifying housing developments that provide affordable housing units to enter into a Density Bonus Agreement to document affordability obligations and related requirements. C. The Project includes 20 affordable housing units reserved for extremely low- income households, representing five percent of the total residential units, and is therefore eligible to utilize the provisions of State Density Bonus Law. D. As proposed, the Project does not request a numerical density bonus, incentive, concession, waiver, or reduction in development standards pursuant to California Government Code Sections 65915 through 65918 or SAMC Sections 41-1600 through 41-1607. E. The Project proposes to utilize the parking standards set forth in California Government Code Section 65915(p) for qualifying affordable housing developments. The Project provides 718 parking spaces, which exceeds the applicable parking requirement of 516 spaces. Utilization of the parking City Council 18 — 8 7/7/2026 standards established by State Density Bonus Law does not constitute an incentive, concession, waiver, or reduction in development standards. F. On May 11 , 2026, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and, at that time, considered all testimony, written and oral, and approved, based on findings, Conditional Use Permit ("CUP") No. 2025-16 for proposed multifamily development and commercial uses. Density Bonus Agreement No. 2026-03 was not considered by the Planning Commission because the Project does not request any incentives, concessions, waivers, or reductions requiring Planning Commission action pursuant to Santa Ana Municipal Code Section 41-1607. G. Pursuant to SAMC Section 41-1602(d), approval of Density Bonus Agreement No. 2026-03 is within the purview of the City Council. H. On July 7, 2026, the City Council of the City of Santa Ana held a regular meeting and considered approval of Density Bonus Agreement No. 2026- 03. I. The City Council hereby approves Density Bonus Agreement No. 2026-03. This Agreement allows for the construction of the proposed Project in accordance with the provisions of State Density Bonus Law and SAMC Section 41-1607, as conditioned. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the Project qualifies for exemption from further environmental review under Sections 15183 and 15162. Section 15183 applies to projects consistent with the General Plan or zoning where redevelopment impacts have been adequately analyzed for the area, while Section 15162 applies when a previously certified Program Environmental Impact Report (Program EIR) adequately analyzed the environmental effects of an activity and no new significant impacts would result from the proposed Project. The Project is within the scope of the 2022 Santa Ana General Plan EIR (SCH No. 2020029087). CEQA Guidelines Section 15162 prohibits a subsequent or supplemental EIR unless: (1) substantial changes are proposed in the project; (2) substantial changes occur in circumstances under which the project is undertaken; or (3) new information of substantial importance becomes available. The Project is consistent with the land use designation analyzed in the General Plan EIR. No supplemental or subsequent EIR is required because: (1) the amendment will not require major revisions of the EIR; (2)there have been no substantial changes with respect to circumstances under which the General Plan was approved that will require major revisions; and (3) no new information, which was not known and could not have been known at the time the EIR was certified as complete, has become available. The prior EIR adequately describes the environmental setting, impacts, and mitigation measures. Therefore, a Notice of Exemption, Environmental Review No. ER-2024-45, will be filed for the Project. City Council 18 — 9 7/7/2026 Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The City Council of the City of Santa Ana, at its regular meeting, hereby approves Density Bonus Agreement No. 2026-03 and authorizes the City Manager to execute the Agreement in a form approved by the City Attorney. This approval is based on the written materials submitted, including:The Planning Commission Staff Report dated May 11, 2026; and the Request for City Council Action dated July 7, 2026, and their respective exhibits. Section 5. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this resolution. ADOPTED this day of , 2026. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney B Y: t &a Melissa M. Crosthwaite City Council 18 — 10 7/7/2026 Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers City Council 18 — 11 7/7/2026 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-XX to be the original resolution adopted by the City Council of the City of Santa Ana on 12026. Date: City Clerk City of Santa Ana City Council 18 — 12 7/7/2026 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana Clerk of the Council 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council Free Recording pursuant to Government Code 27383 DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS 200 E. Sandpointe Avenue,Santa Ana,California (APN: 411-111-07,411-111-09,411-111-10,411-111-11) This DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Agreement"), is made and entered into this_day of ,2026,for reference purposes only,by and between the City of Santa Ana, California, a charter city and municipal corporation of the State of California ("City"), and the following entities: CM Sandpointe, LLC, a California limited liability company; GH Sandpointe, LLC, a California limited liability company; JMT Sandpointe, LLC, a California limited liability company; QC Sandpointe, LLC, a California limited liability company (collectively,the"Developer"). City and Developer are sometimes referred to collectively as the "Parties"and individually as a"Party." RECITALS A. Developer is the owner of that certain property located at and commonly known as 200 E. Sandpointe Avenue,Santa Ana,California,California,and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full("Property"). B. Developer is proposing to develop a housing development project with a total of four hundred (400) residential apartment units, with related improvements and amenities, as more particularly set forth in Density Bonus Application No. DBA- 2026-06 ("Project"). The Project will include twenty (20) units restricted for occupancy by Extremely Low Income Households for an Affordable Rent,on terms and conditions further set forth herein. C. Santa Ana Santa Ana Municipal Code sections 41-1600, et seq. ("City Density Bonus for Affordable Housing"),and California Government Code sections 65915, et seq. ("State Density Bonus Law"), set forth a process to provide increased 1 200 E. Sandpointe Avenue Density Bonus Agreement City Council 18 — 13 7/7/2026 residential densities and incentives,concessions,and waivers to property owners or developers who restrict a portion of their residential development to low income, very-low income, extremely-low income, seniors or other qualified households, as specified. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities for very-low income, low income, seniors and other qualified households throughout the City. D. The allowable base density for the Property under the City's Municipal Code is ninety (90) dwelling units per acre. The Project site is 5.37 acres, resulting in a maximum allowable density for the Project of four hundred and eighty four(484) units. The Project proposes restricting twenty (20) units for Extremely Low Income Households. E. The Project complies with the affordability requirements for a housing development as set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing. F. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Sections 65915(d)(1)(2)(C),the City has determined that the Project is eligible for a density bonus, one (1) incentive or concession, and waivers as prescribed by the State Density Bonus Law. G. By providing affordable housing for Extremely Low Income Households in accordance with this Agreement, the Project will also comply with the City's Affordable Housing Opportunity and Creation Ordinance, as set forth in Article XVIII.1 of the Santa Ana Municipal Code. H. This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project's requirement to provide affordable housing units in exchange for receiving the density bonus, concession and waivers set forth herein. NOW,THEREFORE,in consideration of the above recitals,which are incorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement,the following terms when used in this Agreement shall be defined as follows: 1.1.1 "Adjusted for family size appropriate to the unit" shall have the meaning set forth by Health and Safety Code Section 50052.5(h). 2 200 E. Sandpointe Avenue Density Bonus Agreement City Council 18 — 14 7/7/2026 1.1.2 "Affordable Rent" means the maximum Monthly Rent that may be charged to and paid by an Eligible Household for the Affordable Units, as required by the terms of this Agreement, and which shall not exceed the amount of Affordable Rent authorized by California Health and Safety Code Section 50053 and pursuant to implementing regulations published by the California Department of Housing and Community Development, as determined from the Median Income for Orange County, as defined below in Section 1.1.16. The Affordable Rent shall be adjusted to reflect a reasonable utilities allowance for utilities paid by the household using the Santa Ana Housing Authority Multi-Family Housing Utility Allowance Schedule, and shall be updated no less than annually. 1.1.3 "Affordable Rent Schedule" means a rent schedule established as of the date of issuance of an occupancy permit(exclusive of tenant utility payments or security deposits) for the required number/percentage of the total number of units in the Project which are to be rented or available for rent to Eligible Households. The Affordable Rent Schedule shall be established at the time of the issuance of the occupancy permit("Initial Rent Schedule") and shall be created in accordance with the Orange County,California Primary Metropolitan Statistical Area ("PMSA") as published by the California Department of Housing and Community Development ("HCD"),adjusted for family size, and shall be updated no less than annually. 1.1.4 "Affordable Units(s)" means the twenty(20)unit(s), which shall comply with the Affordable Unit Mix set forth in Section 2.6.2. Any change to the number,bedroom size, or distribution of Affordable Units is subject to City Manager approval. 1.1.5 "Agreement" means this Density Bonus Housing Agreement with Declaration of Covenants, Conditions, and Restrictions. 1.1.6 "City" means the City of Santa Ana, California 1.1.7 "City Council" means the City Council of the City of Santa Ana. 1.1.8 "City Attorney" means the City Attorney for the City of Santa Ana. 1.1.9 "City Manager" means the City Manager for the City of Santa Ana. 1.1.10 "City's Planning Commission" means the Planning Commission for the City of Santa Ana. 1.1.11 "Density Bonus Application" shall mean the Density Bonus Application No. DBA-2026-06 for the Project. 1.1.12 "Developer" means, individually and collectively, CM Sandpointe, LLC, a California limited liability company; GH Sandpointe, LLC, a California limited liability company; JMT Sandpointe, LLC, a California limited liability company; QC Sandpointe, LLC, a California limited liability company, and their permitted successors and assigns to all or any part of the Property,Project or this Agreement. 3 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 15 7/7/2026 1.1.13 "Effective Date" means the date the Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement,pursuant to section 4.1 herein. 1.1.14 "Eligible Household" means a Household whose income does not exceed the qualifying limits for an Extremely Low Income Household, as defined below. 1.1.15 "Extremely Low Income Household(s)" means a Household whose income does not exceed the limits for"extremely low-income"as defined in California Health and Safety Code section 50106. Pursuant to Health and Safety Code section 50105,an Extremely Low Income Household is also a"very low income household." 1.1.16 "Household" means all persons residing in a Unit. 1.1.17 "Median Income" means the Orange County, California area median income, adjusted for family size pursuant to California Health and Safety Code § 50052.5(h), as periodically published by HCD. 1.1.18 "Monthly Rent" means the total of monthly payments for: (a) use and occupancy of each Affordable Unit and land and facilities associated therewith; (b)any separately charged fees or service charges-assessed by Developer which are required of all tenants,other than security deposits, application fees or credit check fees; (c)a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or cable service, to the extent applicable and charged to tenant; and, (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated . therewith by a public or private entity other than Developer.In the event that certain utility charges are paid by the landlord rather than the tenant,no utility allowance shall be deducted from the rent for that type of utility charge. 1.1.19 "Official Records" means the Official Records for the County of Orange, where the Property is located. 1.1.20 "Project" means that certain affordable residential development as more particularly described in the Recitals and Section 2 of this Agreement. 1.1.21 "Project Approvals" means the entitlements for the Project approved by the City's Planning Commission or about ,2026,and any subsequent approvals of the Project by the City Council. 1.1.22 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon. 1.1.23 "State Density Bonus Law" means Government Code sections 65915, et seq., as they exist on the Effective Date. 4 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 16 7/7/2026 1.1.24 "Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 5.1 below. 1.1.25 "Unit" means a residential dwelling unit within the Project to be constructed or caused to be constructed by Developer pursuant to this Agreement. 1.1.26 "Unrestricted Units" means the Units within the Project to be constructed or caused to be constructed by Developer to a Household without any income or affordability restriction. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of,this Agreement: 1.2.1 Exhibit A—Legal Description of the Property 1.2.2 Exhibit B—Tenant Verification 1.2.3 Exhibit C—Annual Tenant Recertification 1.2.4 Exhibit D—Annual Rental Housing Compliance Report 1.2.5 Exhibit E—Notice of Affordability Restrictions on Transfer of Property 2. DEVELOPMENT OF THE PROPERTY 2.1 Project. Developer shall develop, operate, and maintain, or cause the development, operation and maintenance of, the Property as four hundred (400) unit rental residential community,with twenty(20)Affordable Units for Eligible Households. 2.2 Density Bonus. Developer agrees that it is not requesting additional density for the Project. 2.3 Development Concessions,Incentives,and Waivers. Under State Density Bonus Law, a housing development may be entitled to concessions, incentives, and waivers. Developer agrees that it is not requesting any concessions,incentives, or waivers for the Project. 2.4 Parking Requirements. The Project shall provide seven hundred eighteen (718) individual parking spaces on the Property to residents and guests of the Project. Developer agrees and acknowledges that this parking requirement exceeds the minimum parking ratio under Government Code section 65915(p), and that Developer agrees to the parking required herein due to other benefits received under this Agreement and the Project Approvals. 2.5 No Concessions, Incentives, or Waivers. Developer acknowledges and agrees that no further concessions,incentives,waivers or parking requirements are requested,and that the terms set forth in Section 2.3 and 2.4 fully satisfies any duty City may have under the City Density Bonus for Affordable Housing, the Density Bonus Law, or any other law or regulation to provide any density bonus incentive or to waive any building, zoning, or other requirement in connection 5 200 E. Sandpointe Avenue Density Bonus Agreement City Council 18 — 17 7/7/2026 with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City's obligation to waive requirements of or provide development incentives pursuant to the City Density Bonus for Affordable Housing and the Density Bonus Law applicable to the Project. 2.6 Unit Mix. 2.6.1 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than three hundred eighty(380)Unrestricted Units, inclusive of one (1)manager's unit , as set forth in sub-paragraph 2.6.3, below, and pursuant to the terms and conditions of this Agreement. Any change to the unit distribution of the Unrestricted Units may affect the comparability of the Affordable Units and is subject to City Manager approval. 2.6.2 Affordable Units. The Project, for purposes of this Agreement, shall have no less than twenty(20) Affordable Units, for Eligible Households, as set forth in sub-paragraph 2.6.3, and pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with all City approvals, comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(5). 2.6.3 Unit Mix. Unit Type Plan Total Units Affordable unit Phase I Phase II Total Units Mix /o Studio S1 20 9 29 1 3% 1 Bedroom Al 103 80 183 9 5% 1 Bedroom A2 51 40 91 5 5% 1 Bedroom A3 1 1 2 0 0% 2 Bedrooms B1 21 32 53 3 6% 2 Bedrooms 132 15 0 15 1 7% 2 Bedrooms 133 13 14 27 1 4% TOTAL 224 176 400 20 5% 2.7 Minimum Development Standards for Affordable Units:Phasing Plan. 2.7.1 The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for any Unrestricted Units. 2.7.2 The Project Approvals authorize construction of the Units in two phases,with initial construction of two hundred twenty four(224)Units("Phase 1"), followed by one hundred seventy six (176) Units ("Phase 2"). Phase 1 shall include not less than eleven(11) Affordable Units and, upon completion of Phase 2, the Project shall have all twenty (20) Affordable Units. Phase 1 shall include not less than one(1)studio unit,eight(8) 1-bedroom units and two (2)2-bedroom units. 6 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 18 7/7/2026 2.7.3 The Affordable Units shall be reasonably disbursed through the Project. The phasing for construction of the Affordable Units is intended to ensure the required number of Affordable Units are constructed. 2.8 Permits and Processing Compliance with Laws. Developer, at its sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be secured any and all permits that may be required for development of the Project by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, and all necessary financing and property interests, Developer shall carry out and perform the development,operation,and maintenance of the Project or cause the performance of the development, operation, and maintenance of the Project, in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City's sole determination, then City and Developer shall meet and confer to address amendments and revisions to this Agreement as necessary. 2.9 Relocation Prior to Development of Project. Developer represents and warrants that the Project does not require relocation of any existing residents, occupants, or other persons or entities who may be entitled to relocation assistance.In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer,which shall not be unreasonably withheld,and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance,benefits and costs prior to the completion of the development of the Project. 2.10 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. Prior to the recording of this Agreement(or memorandum thereof)pursuant to Section 4.1 below,Developer shall provide evidence from the Title Company of any new recordings against the Property or Project.City hereby reserves all rights to post notices of non-responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify,defend(with counsel of City's choosing and the consent of Developer,which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees,representatives,volunteers and agents from any and all alleged or actual claims,causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services,or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. 7 200 E. Sandpointe Avenue Density Bonus Agreement City Council 18 — 19 7/7/2026 3. AFFORDABILITY 3.1 Affordability Term. Each Affordable Unit shall be restricted to use and occupancy by Eligible Households for a term of not less than fifty-five (55)years ("Affordability Term"). The Affordability Term shall commence on the date when an Affordable Unit receives all required occupancy permits from the City and expire on the date that is fifty-five (55) years after the date when the Affordable Unit is first made available for occupancy to Eligible Households pursuant to this Agreement. The Affordability Term shall be determined for each individual Affordable Unit. 3.2 Memorializing Commencement of Affordability Term. Developer shall keep or cause to be kept detailed records of the commencement date of the Affordability Term for each Affordable Unit. City shall have the right to review and verify said records to ensure that the commencement date specified by Developer for an Affordable Unit coincides with the date that the Affordable Unit received all permits from City required for occupancy of the Unit.In the event that a conflict exists between the date specified by Developer for the commencement of the Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control. 3.3 Levels of Affordability. 3.3.1 Affordable Rent. Developer covenants that all Affordable Units in the Project shall at all times during the Affordability Term be rented to, or held vacant and available for immediate occupancy by, an Eligible Household at an Affordable Rent. 3.3.2 Affordable Rent for Eligible Households. The Affordable Rent for Eligible Households shall not exceed the limits set forth in California Health and Safety Code Section 50053 and implementing regulations, which provide that the Affordable Rent shall not exceed thirty percent(30%)times thirty percent(30%) of the Median Income, as adjusted for family size appropriate to the unit. Affordable Rent shall comply with implementing regulations by HCD. 3.3.3 Affordable Rent Schedule. Prior to issuance of a Certificate of Occupancy for the Project, and thereafter within thirty (30) days of receipt of a written request by the City, Developer shall provide to the City the Affordable Rent Schedule, which City shall have not less than thirty (30) days to review and approve or disapprove, which approval shall not be unreasonably withheld. 4. OPERATION OF THE PROJECT BY DEVELOPER 4.1 Payment of Density Bonus Setup Fee. Developer shall pay a Density Bonus Setup Fee in the amount of One Hundred Seventy Three Thousand Three Hundred Seventy Two Dollars and One Cent ($173,372.01) on or before the date this Agreement is considered by the City's Planning Commission. 8 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 20 7/7/2026 4.2 Recording of Documents; Priority. 4.2.1 The terms and conditions of this Agreement are a condition for issuance of a building permit, and this Agreement is recorded to ensure that the Developer and subsequent successors in interest have notice of and comply with the requirements herein. Prior to recording a final map for the Project or, if no map is required, issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement. Upon the date of recording,the terms and conditions of this Agreement shall be binding upon and run with the Property and Project for the Term of this Agreement. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Units to ensure compliance with the State Density Bonus Law and City Density Bonus Law, and to ensure the continued supply of Affordable Units in the Project, except as expressly set forth in this Agreement. 4.2.2 The Agreement shall be recorded against the Property and have priority over those matters of public record, except as approved in writing by the City. For purposes of this paragraph, Developer shall provide the City with a preliminary title report for the Property dated not less than thirty (30) days prior to the execution of this Agreement, and updates to the preliminary title report as reasonably requested by the City. Developer agrees and warrants that it will exercise reasonable efforts to obtain the consent or approval to a subordination agreement with any senior lienholders and that failure to obtain such consent or approval may constitute a default of this Agreement. 4.3 Rental of Units. Upon the completion of construction of the Project and receipt by Developer of all required permits for the occupancy of the Units,Developer shall rent or cause to be rented each Affordable Unit to Eligible Households for the Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement, which provide among other terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible Household for the Affordability Term. 4.4 Occupancy Levels. Subject to state or federal laws and regulations,the number of persons permitted to occupy each Affordable Unit shall not exceed two persons per bedroom, plus one person. If an Eligible Household, during the terms of its tenancy, adds members that exceed the maximum occupancy allowed under this section, Developer shall provide written notification informing the household that: it is over-occupancy; has been placed on a waiting list for up to one-hundred and eighty(180) days; the expiration date of the waiting list; and the terms for terminating the lease. A written status update will be provided to the household at one-hundred and twenty(120) days,ninety(90) days, sixty(60) days and thirty(30)days if applicable. 4.5 Use of the Property. All uses conducted on the Property by Developer, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal,state,and local laws,rules,and regulations. The Project shall at all times during 9 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 21 7/7/2026 the Term of this Agreement be used in accordance with the Project Approvals and provide for the Affordable Units as required herein. Unless specifically authorized by the Project Approvals, the Property or any portion thereof shall not be used as a hotel,motel,dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. All of the community facilities and any social programs provided to the Project's residents shall be available on an equal,nondiscriminatory basis to residents of all Units at the Project. 4.6 Maintenance. Developer shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Owner shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project, after providing notice as follows: (i) at least a 24-hour notice to Developer and Tenants of the Affordable Unit which will be inspected, or(ii) at least 48 hours' notice to Developer,which shall promptly give notice to Tenants of the Affordable Unit to be inspected. 4.7 Affordable Rental Lease Agreement. Developer shall prepare and obtain City's approval, which approval shall not be unreasonably withheld, conditioned or delayed, of a rental lease agreement for the Affordable Unit("Affordable Unit Lease Agreement")for the Affordable Unit. All Affordable Unit Lease Agreements must 1) identify the names and ages of all members of the household who will occupy the Affordable Unit; and 2) state that the Household's right to occupy the Affordable Unit is subject to compliance with the Affordable Rent requirements, adjusted for family size appropriate to the unit,as periodically published by HCD. All Affordable Unit Lease Agreements must be consistent with the terms contained in this Density Bonus Agreement. 4.8 Selection of Tenants. 4.8.1 Developer shall be responsible for the selection of tenants for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. 4.8.2 Local preference for Santa Ana residents and workers in tenant selection for the Affordable Units shall be a requirement of the Project. Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy required by the State of California and Federal law,the Developer shall give preference in leasing the Affordable Units to households that live and/or work in the City of Santa Ana or who have an active Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority. 4.8.3 A waiting list must be created from a lottery generated from the initial pool of rental applications for the Affordable Units. The waiting list will track applicant name and contact information, lottery number (or designated number after the initial lottery), local preference, household income, household size, status of application, and any other information deemed necessary. The waiting list will be maintained as an electronic file and available for audit 10 200 E. Sandpointe Avenue Density Bonus Agreement City Council 18 — 22 7/7/2026 by the City of Santa Ana in accordance with resident selection procedures as set forth herein. Prior to any applicants being removed from the waiting list for the Affordable Units,the Developer must market the units to Santa Ana residents (e.g. social media post, etc.) and the City must verify that the local preference has been correctly applied in the lottery and application process. 4.8.4 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer shall require the tenant(s)to execute a written lease and to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall verify the income of the tenant(s) as set forth herein. 4.8.5 The Developer may rent or lease an Affordable Unit(s) to a nonprofit organization or an entity affiliated with a nonprofit organization, provided that the nonprofit organization or entity is required as a condition of that lease (a "Master Lease") to sublease the Affordable Unit to an Eligible Household. The Master Lease shall be provided to the City,which shall have thirty (30) days to review and approve, which approval shall not be unreasonably withheld. Prior to the rental or lease of an Affordable Unit under a Master Lease,Developer shall require the lessee thereunder to require each prospective sub-tenant to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the resident(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s)the eligibility requirements established for the Affordable Unit under this Agreement. If an Affordable Unit subject to a Master Lease is not rented within thirty (30) days, then the City shall have the right to require termination of the Master Lease or declare a default under this Agreement for failure to fully utilize the Affordable Unit. The Master Lease shall require compliance with this Agreement, and nothing in this paragraph or the Master Lease shall relieve Developer from compliance with the obligations of this Agreement. 4.9 Income Verification and Certification. Developer shall make reasonable efforts to verify or cause to be verified that the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period,(2)obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant's current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or(5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. 4.9.1 Gross Household Income. Gross household income means all income from whatever source from all adult Household members,which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. 11 200 E. Sandpointe Avenue Density Bonus Agreement City Council 18 — 23 7/7/2026 4.9.2 Annual Recertification. Developer agrees to recertify or cause to be recertified household eligibility annually. Notification of Annual Tenant Recertification shall be sent to the household in substantially the form attached hereto as Exhibit C. An Annual Rental Housing Compliance Report("Annual Compliance Report")shall be sent by Developer to the City in substantially the form attached hereto as Exhibit D for City's review and approval. The Annual Compliance Report shall be due to the City within 30 days of the anniversary of the commencement of the Affordability Term,which is the date that each building receives all required occupancy permits from the City. 4.9.3 Continued Income Qualification and Vacated Affordable Units. If the annual recertification demonstrates that a previously Eligible Household's gross household income exceeds the allowed Median Income for the Affordable Unit, the Developer will be considered in compliance with this agreement so long as one of the following pertinent actions from the following list is taken: (a) The Developer may offer to rent the unit to the previously, but no longer,Eligible Household as an Unrestricted Unit without any limitations on rental rates. In that case,the Developer must then make available for rent to an Eligible Household another unit within the Project that meets the size and location requirements for Affordable Units under this Density Bonus Agreement. If there are no vacant units meeting those requirements,then the next available unit within the Project which does meet those requirements must be rented to an Eligible Household. (b) If the no longer Eligible Household either moves to another Unrestricted Unit within the Project or leaves the Project altogether, then the vacated Affordable Unit, or, at Developer's election, any other Unrestricted Unit within the Project which meets the size and location requirements for Affordable Units under this Density Bonus Housing Agreement and has the same number of bedrooms as the vacated unit,shall be rented as an Affordable Unit to an Eligible Household. (c) Developer may proceed to terminate the tenancy and pursue any and all remedies in accordance with law or contract. 4.10 Monitoring and Recordkeeping. Throughout the Term of this Agreement, Developer shall annually complete or cause to be completed and submit to City the Annual Compliance Report. Developer agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the actual costs associated with the City's obligation to monitor Developer's compliance with the affordability restrictions contained in this Agreement related to the Affordable Units,not to exceed monitoring costs for up to three(3)Affordable Units.Representatives of City shall be entitled to enter the Property if necessary after review of above documentation, upon at least forty-eight(48)hour notice,to monitor compliance with this Agreement,and shall be entitled to inspect the records of the Project relating to the Affordable Units and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City without a fee from the City. Developer agrees to cooperate with City in making the Property and the records of the Project relating to the Affordable Unit reasonably available for such inspection or audit. Developer agrees to maintain or cause for the maintenance of each record of 12 200 E. Sandpointe Avenue Density Bonus Agreement City Council 18 — 24 7/7/2026 the Project for no less than five(5)years after creation of each such record,including the five-year period following the expiration of the Term of this Agreement. Developer shall allow the City to conduct annual inspections of the Affordable Unit on the Property after the date of construction completion, with reasonable notice, which shall be at least twenty four (24) hours in advance, unless a shorter time is required in an emergency, to Developer of the Affordable Unit. Developer shall commence to cure or cause the commencement to cure any defects or deficiencies found by the City while conducting such inspections within ten (10)business days of written notice thereof, or such longer period as is reasonable within the sole discretion of the City. 4.11 Notice of Affordability Restrictions on Transfer of Property. In the event the Developer wishes to sell or transfer the Project, during the Term of this Agreement, the City and the Developer shall execute and deposit into escrow, a Notice of Affordability Restrictions on Transfer of the Property, to be executed by the City and Developer in a form substantially similar to Exhibit E, which is attached hereto and must be executed by the parties prior to any transfer of the Property. 4.12 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on-site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies: (a) Police Department (b) Fire Department (c) Planning and Building Agency (d) Community Development Agency 4.13 Crime Free Housing. Developer shall work with City staff to formalize a crime free housing policy, procedure, and design plan (the "CFH Plan"), which includes the following provisions: (a) Requiring parking areas and common interior areas (lobbies, elevators, etc.)to contain security cameras; (b) Requiring routine unit inspections; (c) Ensuring lobby/other entrance doors are secured and accessed via remote controls, fobs,etc.; and (d) Have policies in place to ensure that common use areas such as hallways and trash enclosures are maintained in good condition and repair(e.g.,well- lit,kept clean, etc.). 13 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 25 7/7/2026 Developer shall submit and obtain approval from the City's Planning and Building Agency ("PBA") that the CFH Plan meets the requirements of this Subsection 4.13 prior to issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Developer or its designated property manager. 4.14 Onsite Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer shall continually monitor and take the following measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way: (a) Requiring onsite parking permits(such as stickers or hang-tags) for any parking in the onsite parking spaces for both residents and guests; (b) Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; (c) Requiring that overflow parking be directed to available spaces at the 6 Hutton Centre Drive (Griffin Tower) and 203 E. Sandpointe garages; (d) Policies for towing unauthorized vehicles, vehicles parked in unauthorized locations (such as fire lanes),vehicles parking in surface guest parking without a sticker, hang-tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed; and (e) Routine garage inspections to ensure garages are available for vehicle parking. Prior to building permit issuance,the Applicant shall submit a Parking Management Plan (PMP) for Planning Division approval, to remain in effect for the life of the Project. The approved PMP shall be implemented continuously, maintained onsite for City inspection, and updated by Planning Manager direction following parking complaints. In the event that the City determines, based on complaints, monitoring, or other information, that parking demand associated with the Project is resulting in adverse impacts to surrounding properties or the public right-of-way, the Developer shall, upon written notice from the City,meet and confer with the City to evaluate such conditions. The Developer shall work in good faith with the City to identify and implement reasonable measures, subject to City approval, to address such parking-related impacts. Such measures may include,but are not limited to, operational,management,or physical modifications to the Project, as deemed appropriate by the City and agreed to by the developer. Any agreed-upon measures shall be incorporated into an updated Parking Management Plan, subject to approval by the Planning Manager, and shall be implemented by the Developer within a timeframe reasonably established by the City. 14 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 26 7/7/2026 4.15 Marketing and Resident Selection Plan. 4.15.1 Each Affordable Unit shall be leased to Eligible Households selected by Developer who meet all of the requirements provided herein. Prior to Certificate of Occupancy, Developer shall prepare and obtain City's approval of a marketing program and resident selection plan for the leasing of the Affordable Units at the Project("Marketing Program"). The leasing of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City's prior written approval. Upon request, Developer shall provide City with periodic reports with respect to the leasing of the Housing Units. 4.15.2 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed tenant selection criteria, occupancy standards, income requirements,timeline and details for outreach and marketing,data collection,record keeping and monitoring, procedures for complaints, and compliance assessment. Components of the resident selection plan shall include, but are not limited to, the application process, interview procedure, apartment offer and assignment,rejected applications,and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program. 5. TERM OF THIS AGREEMENT 5.1 Term. The term of this Agreement ("Term") shall commence on the Effective Date and shall continue until the expiration of the Affordability Term for all Affordable Units, as set forth in Section 3.1, above. 6. DEFAULT AND TERMINATION, INDEMNIFICATION 6.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty(30)days to cure,the defaulting Party shall avoid default hereunder by commencing to cure within such thirty(30)day period,and thereafter diligently pursuing such cure to completion within an additional sixty(60) days following the conclusion of such thirty(30) day period(for a total of ninety(90)days). Except as required to protect against further damages,the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Notwithstanding the above, should the Developer elect to not proceed with the Project, or Phase 2 of the Project, prior to commencement of construction, the Developer shall submit written notice of such termination("Termination Letter")to the City,which Developer,for itself,its successors and assigns,states that it waives,forfeits,and relinquishes any and all benefits under this Agreement. Upon City's receipt of the Termination Letter,the Parties agree to terminate this Agreement, except that the obligations of Section 4.1 and 6.4 shall survive termination. 15 200 E. Sandpointe Avenue Density Bonus Agreement City Council 18 — 27 7/7/2026 Developer shall, at its sole cost and expense, prepare and record a Termination of Agreement, which City shall review and approve, in the exercise of reasonable discretion. Such termination shall not be considered a default by any Party,but it shall result in a termination of the Agreement as provided for herein. 6.2 City's Remedies. In the event of a Default, the City shall have all rights and remedies available at law, and may seek any or all of the following remedies: 6.2.1 Any individual who sells or rents(including subleasing)an Affordable Unit in violation of the provisions of this Agreement shall be required to forfeit to City all monetary amounts so obtained. 6.2.2 City may exercise any rights or institute any appropriate legal actions or proceedings necessary to ensure compliance with this Agreement, including but not limited to: (a) Actions to revoke,deny or suspend any permits and/or certificate of occupancy; and (b) Actions for injunctive relief or damages. 6.3 Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Notwithstanding anything to the contrary contained in this Agreement,in no event shall either Party be liable for speculative,consequential, punitive or other indirect damages, and each Party waives any right to collect speculative, consequential,punitive or other indirect damages against the other Party. 6.4 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any claims, demands, or causes of action arising from or related to this Agreement, including the approval thereof, except to the extent caused by the active negligence or willful misconduct of Indemnitees. 7. ASSIGNMENT; COVENANTS RUN WITH THE LAND 7.1 Assimnent by Developer. 7.1.1 Prohibited Transfers or AssiggMents. Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement,in whole or in part,unless the sale,transfer,or assignment complies with this Section 7. If Developer seeks to sell, transfer or assign the Property or Project, or any rights and obligations in this Agreement,Developer shall request City's written consent, and City shall respond within thirty(30) days with a written approval or denial,which City may determine 16 200 E. Sandpointe Avenue Density Bonus Agreement City Council 18 — 28 7/7/2026 in its sole and absolute discretion. If City approves such a request, then prior to any such sale, transfer or assignment,Developer shall pay City's reasonable fees as compensation for the City's review of the request. City's failure to respond to the request within thirty (30) days shall be deemed an disapproval. 7.1.2 Sale of Property. Developer agrees and declares that the Property and the Project shall be held,conveyed,mortgaged,encumbered,leased,rented,used,occupied,operated, sold, and approved subject to all obligations set forth or incorporated in this Agreement, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on Developer and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Developer further understands and agrees that the approvals received for this Project have been made on the condition that Developer and all subsequent owners, or other successors and assigns of the Property and/or Project lease and rent the Affordable Units in accordance with the terms and conditions stipulated in Sections 4, 5 and 6 of this Agreement for a term of fifty five (55) consecutive years commencing upon the date that the Project is first occupied. 7.1.3 Subsequent Assignment. As used in this Agreement,the term"Developer" shall be deemed to include any such transferee or assignee after,the date such sale, transfer, or assignment occurs in compliance with this Agreement. 7.1.4 Unnermitted Assignments Void. Any sale,transfer, or assignment made in violation of this Agreement shall be null and void,and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments. 7.2 Covenants Run with the Land. The Property shall be used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall,without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby. Developer hereby further declares its understanding and intent that the agreement provides a public benefit in furtherance of benefit of such covenants 17 200 E. Sandpointe Avenue Density Bonus Agreement City Council 18 — 29 7/7/2026 touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City. 8. MISCELLANEOUS 8.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the density bonus of the Project, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 8.2 Amendment. Any alteration,change or modification of or to this Agreement,in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each party. The City Manager shall have the authority to make approvals,issue interpretations,execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City that further the intent of this Agreement and are consistent with the Project Approvals. Any proposed change that is in conflict or inconsistent with the Project Approvals shall require review and approval by the City's Planning Commission or City Council, in accordance with the Santa Ana Municipal Code. Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City's review of the request. Each alteration,change,or modification to this Agreement shall be recorded against the Property in the Official Records. 8.3 Notices. 8.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent,waiver,appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or(ii)on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested,and postage and postal charges prepaid,and addressed to the recipient named below;or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below;or(iv)one(1)day after deposit with a known and reliable next-day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next-day to the recipient named below,provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party; or (vi) upon transmission thereof (as evidenced by the recipient's reply to such notice or other competent evidence of actual receipt) if transmitted by electronic transmission(email),provided that a copy of such notice is concurrently sent by first-class mail postage prepaid. All notices shall be addressed as follows: 18 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 30 7/7/2026 If to City: City of Santa Ana Community Development Agency 20 Civic Center Plaza(M-26) P.O. Box 1988 Santa Ana, California 92702 Attention: Housing Manager With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor(1\4-29) Santa Ana, California 92702 If to Developer: CM Sandpointe, LLC; GH Sandpointe, LLC; JMT Sandpointe,LLC; and QC Sandpointe, LLC c/o Watermarke Properties 1370 Jetstar Drive, Suite 100 Henderson,NV 89052 Attention: Jonathan Schneider Phone: (909) 913-9003 E-mail:jonny@wpipm.com With a copy to: Cox, Castle&Nicholson LLP 3121 Michelson Drive, Suite 200 Irvine, CA 92612 Attention: Sean Matsler Phone: (949) 260-4652 E-mail: SMatsler@coxcastle.com 8.3.2 Change of Address. Either Party may,by notice given at any time,require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 8.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 8.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting 19 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 31 7/7/2026 Party shall not be employed in interpreting this Agreement,all Parties having been represented by counsel in the negotiation and preparation hereof. 8.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 8.7 Singular and Plural. As used herein,the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates. 8.8 Joint and Several Obligations. If at any time during the term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers. 8.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 8.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business. 8.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party,or the failure by a Party to exercise its rights upon the default of the other Party,shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 8.12 Non-Discrimination. In performing its obligations under this Agreement, Developer shall not discriminate because of race, color, creed, religion, sex, gender, gender identity, gender expression, marital status, sexual orientation, familial status, source of income, veteran or military status, age, national origin, ancestry, disability or genetic information, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion,termination or other related activities.Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 8.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement. 8.14 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God,fires,pandemics as declared by federal, state,or local emergency resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays by any governmental 20 200 E. Sandpointe Avenue Density Bonus Agreement City Council 18 — 32 7/7/2026 entity(although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party. If any such events shall occur,the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance. 8.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 8.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a)is for the benefit of and is a burden upon every portion of the Property; (b)runs with the Property and each portion thereof; and(c)is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof. 8.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 8.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or to the extent allowed by law, in the federal court district covering the City, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 8.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development,that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership,joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property. 8.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and in the satisfaction of the Project and conditions of this Agreement. Upon the request of either Party at any time,the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or the Project or to evidence or consummate the transactions contemplated by this Agreement. City hereby 21 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 33 7/7/2026 authorizes City Manager to take such other actions and negotiate and execute any additional agreements or amendments to this agreement as may be reasonably necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City. 8.21 Estoppel Certificate. Within ten(10)business days following a written request by any of the Parties,the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified(date and nature)defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. 8.22 No Subordination. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the duration of the Term, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof. Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project. 8.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party. 8.24 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder. (Signatures on following page) 22 200 E. Sandpointe Avenue Density Bonus Agreement City Council 18 — 34 7/7/2026 IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: CITY OF SANTA ANA Jennifer Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: CITY ATTORNEY By: RECOMMEND FOR APPROVAL: DEVELOPER: Michael L. Gifcia By: onathan Schneider Executive Director Its: Authorized Agent Community Development Agency CM Sandpointe, LLC, a California limited liability company; GH Sandpointe, LLC, a California limited liability company; JMT Sandpointe, LLC, a California limited liability company; QC Sandpointe, LLC, a California limited liability company 23 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 35 7/7/2026 IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: CITY OF SANTA ANA Jennifer Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: CITY ATTORNEY NA.) R 61§ By: Matthew R. Cody Best, Best&Krieger Special Counsel for the City RECOMMEND FOR APPROVAL: DEVELOPER: Michael L. Garcia By: Jonathan Schneider Executive Director Its: Authorized Agent Community Development Agency CM Sandpointe, LLC, a California limited liability company; GH Sandpointe, LLC, a California limited liability company; JMT Sandpointe, LLC, a California limited liability company; QC Sandpointe, LLC, a California limited liability company 23 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 36 7/7/2026 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Exhibit A to 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 37 7/7/2026 LEGAL DESCRIPTION: Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL D: ALL OF PARCELS 4, 5, 6 AND 8, TOGETHER WITH A PORTION OF PARCEL 7 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP NO. 79-879 FILED IN BOOK 151, PAGES 21 THROUGH 23, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS ALL OF PARCELS 4, 5, 6 AND 8 IN LOT LINE ADJUSTMENT LL 83-2 RECORDED MAY 20, 1983 AS INSTRUMENT NO. 83-215091 OF OFFICIAL RECORDS. PARCEL E: AN APPURTENANT NON-EXCLUSIVE EASEMENT FOR PARKING OVER PARCEL 7, AS SHOWN ON EXHIBIT A ATTACHED TO THAT CERTAIN LOT LINE ADJUSTMENT NO. LL 83-2 RECORDED MAY 20, 1983 AS INSTRUMENT NO. 83-215091, AND AS SET FORTH IN THAT CERTAIN GRANT OF EASEMENT RECORDED FEBRUARY 11, 1987 AS INSTRUMENT NO. 87-077357, BOTH OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. APN 411-111-07 (Affects Adjusted Parcel 8 of Parcel D) 411-111-09 (Affects Adjusted Parcel 6 of Parcel D) 411-111-10 (Affects Adjusted Parcel 5 of Parcel D) 411-111-11 (Affects Adjusted Parcel 4 of Parcel D) City Council 18 — 38 7/7/2026 EXHIBIT B TENANT VERIFICATION [SEE FOLLOWING PAGES] Exhibit B to 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 39 7/7/2026 TENANT INCOME VERIFICATION FORM Head of Household (Print Name): Address: Telephone Number: Home: Work: Cell: Date of Birth: Social Security#: Household Composition List All Household Members Living in the Inclusionary Unit Dependent Name Sex Age (Y/N) Social Security# List additional household members on a separate sheet of paper. Tenant Income Verification Form Pagel Santa Ana, California August 8,2014 City Council 18 — 40 7/7/2026 TENANT INCOME VERIFICATION FORM Monthly Gross Income* List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 1: Earned Income Other Adult Head of Household Household Members Total 1. Gross amount, before payroll deductions of wages, $ $ $ salaries, overtime pay, commissions, fees, tips and bonuses. 2. Net income from business. $ $ $ 3. Social security, annuities, insurance policies, $ $ $ pension/retirement funds, disability or death benefits received periodically. 4. Payment in lieu of earnings, such as $ $ $ unemployment, disability compensation, worker's compensation and severance pay. 5. Public assistance, welfare payments $ $ $ 6. Alimony, child support, other periodic allowances $ $ $ 7. Regular pay, special pay and allowances of $ $ $ members of the Armed Forces 8. Other $ $ $ Subtotal: Monthly Earned Income $ Total Monthly Earned Income x 12 = $ Total Annual Household Gross Earned Income Tenant Income Verification Form Page 2 Santa Ana, California August 8,2014 City Council 18 — 41 7/7/2026 TENANT INCOME VERIFICATION FORM Monthly Gross Income* List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 2: Investment Income Total Other Adult Household Head of Household Investment Household Members Income 1. Interest paid on Bank and Savings accounts $ $ $ 2. Dividends and other payments from stocks and $ $ $ bonds 3. Income from real property(i.e. rental property) $ $ $ 4. Other(describe) $ $ $ Subtotal: Monthly Investment Income: $ Total Monthly Investment Income x 12 = $ Total Annual Household Investment Income *Note: The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience. Tenant Income Verification Form Page 3 Santa Ana, California August 8,2014 City Council 18 — 42 7/7/2026 TENANT INCOME VERIFICATION FORM Assets ** List the Current Value of All Assets of All Household Members Living in the Inclusionary Unit If the Asset generates income, that income must be specified In Part 2 above Other Adult Head of Household Household Members Total Value of Value Value Assets 1. Bank and Savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property(i.e. rental property) $ $ $ 4. Other(describe) $ $ $ Total Asset Value$ **Note: Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets. Collections of items for hobby, investment or business purposes must be included in household assets. If the total value of household assets exceeds $5,000, the calculation of the household's annual income shall include the greater of the actual amount of income, if any, derived from all of the household assets; or 10% of the total value of the assets. Tenant Income Verification Form Page 4 Santa Ana, California August 8,2014 City Council 18 — 43 7/7/2026 TENANT INCOME VERIFICATION FORM If the total asset value exceeds $5,000, perform the calculations in the following table. If the total asset value is less than $5,000, the amount of investment income to be included in annual household income is $0. Calculation of Investment Income to be Included in Annual Household Income 1. Total Annual Household Investment Income $ 2. Total Asset Value $ x 10% $ The Greater of#1 or#2 = Investment Income to be Included in Annual Household Income $ Calculation of the Household's Total Annual Income Total Annual Household Gross Earned Income $ Total Investment Income to be Included in Annual Household Income $ Total Household Income $ Documentation Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from two most recent pay periods Bank/Savings account verification Employment verification Self-employment verification Income tax return Unemployment verification Social security verification Welfare verification Alimony/child support verification Disability income verification Other(Describe) Tenant Income Verification Form Page 5 Santa Ana, California August 8,2014 City Council 18 — 44 7/7/2026 AFFIDAVIT This Affidavit is made with the knowledge that it will be relied upon by the City of Santa Ana, our landlord and the owner of our apartment building, to determine maximum income for eligibility. (1/we) warrant that all information set forth in this document is true, correct and complete and based upon information (1/we) deem reliable and based upon such investigation as (1/we) deemed necessary. (Mle) acknowledge that(I/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of(my/our) rental agreement with the property owner to rent the unit and will additionally enable the property owner to initiate and pursue all applicable legal and equitable remedies with respect to the unit and to me/us. (Mle) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the household which intends to occupy an Inclusionary Unit located at ,Santa Ana, California. Signature Date Printed Name Executed at Santa Ana, California Signature Date Printed Name Executed at Santa Ana, California Affidavit Page 6 Santa Ana, California August 8,2014 City Council 18 — 45 7/7/2026 EXHIBIT C ANNUAL TENANT RECERTIFICATION [SEE FOLLOWING PAGES] Exhibit C to 200 E. Sandpointe Avenue Density Bonus Agreement City Council 18 — 46 7/7/2026 ANNUAL TENANT RECERTIFICATION CITY OF SANTA ANA AFFORDABLE RENTAL HOUSING PROGRAM Date: Tenant Name: Unit Address: Dear In accordance with the requirements imposed by the City of Santa Ana (City), and your lease, the City requires that we review your income and family composition every year. To complete our review, the Property Owner or Property Manager will set up a meeting with you to receive the necessary information. When you attend the meeting with the Property Owner or Property Manager you must bring documents that verify the income of all the adult members of your household. This information can include income tax returns, employment verification, wage statements, interest statements, and/or unemployment compensation statements. Cooperation with the recertification requirement is a condition of continuing tenancy in an Inclusionary Unit. You must report the required information to enable the Property Owner to process the recertification by Month/Day. Sincerely, Property Manager/ Property Owner Annual Tenant Recertification Form Page 1 Santa Ana, California August 8,2014 City Council 18 — 47 7/7/2026 EXHIBIT D ANNUAL RENTAL HOUSING COMPLIANCE REPORT [SEE FOLLOWING PAGES] Exhibit D to 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 48 7/7/2026 3 \ u § 0 £ U & � � § 0 k Qj 3 \ m { g d § \ g o = / } / } § 3 < / 2 41 m / \ > o � 0 k 0 ■ z � \ w az ! m 2 K E 2 0 = § 2 u a b z q z § 2 7A aj (D Ot 0 D § / Z } § ui 0 co 0 j 2 \ (IJ \ R 0 _ 2 \ \ E ] m u / \ \ ; ) � fCL \ � � � 0 _ ƒ � \ j D a E 0 G 2 # 7 u m # \ cu 7 E § City Coumncll q42026 EXHIBIT E FORM OF NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY RECORDING REQUESTED BY, ) AND WHEN RECORDED MAIL TO: ) City of Santa Ana ) 20 Civic Center Plaza, 6th Floor ) Santa Ana, California 92702 ) Attn: Executive Director ) This document is exempt from payment of a recording fee pursuant to Government Code Sections 27383 and 6103. NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY This Notice of Affordability Restrictions on Transfer of Property (or "Notice of Affordability Restrictions") is executed and recorded pursuant to Section 65915 of the California Government Code, and affects that certain real property generally located at [ADDRESS], California (APN XXXXXX) (hereafter, the "Property") as legally described in Exhibit A hereto("Property"). The City of Santa Ana, a charter city and municipal corporation of the State of California (referred to hereafter as ,,City"), and ("Developer/Property Owner") have entered into that certain Density Bonus Housing Agreement With Declaration of Covenants, Conditions and Restrictions, dated as of , 2026 ("Density Bonus Housing Agreement"). 1. The Density Bonus Housing Agreement provides for affordability restrictions and restrictions on the transfer of the Property, as more particularly set forth in the Density Bonus Housing Agreement. A copy of the Density Bonus Housing Agreement is on file with City as a public record and is deemed incorporated herein. Reference is made to the Density Bonus Housing Agreement with regard to the complete text of the provisions of such agreement and all defined terms therein, which provides for affordability restrictions and restrictions on the transfer of the Property. Exhibit E to 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 50 7/7/2026 2. For a period commencing upon the date on which the Affordable Unit receives all required occupancy permits from the City and terminating on the fifty- fifth (55th) anniversary thereof, the Property must comply with the affordability covenants limiting the occupancy and rental of the Affordable Units as set forth in the Density Bonus Housing Agreement; such restrictions are set forth at greater length in the Density Bonus Housing Agreement, which is expected to be recorded substantially concurrently herewith among the Official Records of Orange County, California. 3. Section 4.12 of the Density Bonus Housing Agreement provides as follows: "Notice of Affordability Restrictions on Transfer of Property. In the event of the sale or resale of an Affordable Unit during the Total Affordability Term, the City and the transferor shall execute and deposit into escrow, or record against the Affordable Unit, a Notice of Affordability Restrictions on Transfer of the Property as contained herein (Exhibit E). The sale or transfer of the Property, shall not be effective unless and until the City and the transferee execute the documents necessary to transfer the Density Bonus Agreement obligations from the transferor to the transferee." In the event that Developer/Property Owner desires td Transfer the Property during the Affordability Period, prior to the Transfer the owner shall notify City by delivering a Notice of Intent to Transfer to City, which shall indicate the identity of the proposed Transferee who desires to purchase the Property, and an assignment and assumption of the terms and conditions of the Density Bonus Housing Agreement. The following procedure shall apply: a. Notice to City. Developer/Property Owner shall send the Notice of Intent to Transfer to City at the address set forth in the Density Bonus Housing Agreement. b. Qualification of Proposed Transferee. The City shall have the right to review the qualifications of the proposed Transferee for purposes of determining compliance with the Density Bonus Housing Agreement. C. Certificates from Parties. Developer/Property Owner and proposed Transferee each shall certify in writing, in a form acceptable to City, that the Transfer shall be closed in accordance with, and only with, the terms of the approved assignment and assumption agreement. The written certificate shall also include a provision that in the event a Transfer is made in violation of the terms of Exhibit E to 200 E. Sandpointe Avenue Density Bonus Agreement City Council 18 — 51 7/7/2026 this Restriction or false or misleading statements are made in any documents or certificate submitted to City for its approval of the Transfer, City shall have the right to file an action at law or in equity to make the parties terminate and/or rescind the sales contract and/or declare the sale void notwithstanding the fact that the Transfer may have closed and become final as between Developer/Property Owner and Transferee. d. Written Consent of City Required Before Transfer. During the Affordability Period,the Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of the City, which consent shall be given only if the Transfer is in accordance with the provisions of this Restriction. This provision shall not prohibit the encumbering of title for the sole purpose of securing financing of the purchase price of the Property. f. Delivery of Documents. Upon the close of the proposed Transfer,Developer/Property Owner and Transferee, as applicable, shall provide the City with a copy of the final sales contract, settlement statement,escrow instructions, all certificates required by this Section 3 and any other documents the City may request. 4. The restrictions contained in the Density Bonus Housing Agreement commence upon the date on which the Affordable Unit receives all required occupancy permits from the City and terminate on the fifty-fifth (55th) anniversary thereof. 5. The commonly known addresses for the Property [ADDRESS]. 6. The assessor's parcel numbers for the Property is 7. The legal description of the Property is attached hereto as Attachment No. 1 and is incorporated herein by reference. 8. The Density Bonus Housing Agreement, which includes the affordability restrictions referenced above, is expected to be submitted for recordation in the Office of the Orange County Recorder contemporaneously with this Notice of Affordability Restrictions. 9. The Density Bonus Housing Agreement remains in full force and effect and is not amended or altered in any manner whatsoever by this Notice of Affordability Restrictions. Exhibit E to 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 52 7/7/2026 10. Capitalized terms shall have the meaning established under the Density Bonus Housing Agreement(including all Attachments thereto)excepting only to the extent as otherwise expressly provided under this Notice of Affordability Restrictions. 11. Persons having questions regarding this Notice of Affordability Restrictions, the Density Bonus Housing Agreement or the Attachments thereto should contact the City at its offices (20 Civic Center Plaza, Santa Ana, California 92701, or such other address as may be designated by the City from time to time). Exhibit E to 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 53 7/7/2026 DEVELOPER/ PROPERTY OWNER: By: Printed Name: [Signature to be acknowledged] THE CITY OF SANTA ANA, By: Executive Director ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO, City Attorney By: City Attorney Dated: Exhibit E to 200 E.Sandpointe Avenue Density Bonus Agreement City Council 18 — 54 7/7/2026 Planning and Building Agency 71 www.santa-ana.org/pba Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Density Bonus Agreement No. 2026-04 — SWC Alton & Raitt Residential Development (2100 West Alton Avenue) AGENDA TITLE Density Bonus Agreement No. 2026-04 — SWC Alton & Raitt Residential Development (2100 West Alton Avenue) RECOMMENDED ACTIONS 1. Adopt a resolution approving Density Bonus Agreement No. 2026-04; and RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2026-04 TO ALLOW DEVELOPMENT OF A 36-UNIT SINGLE-FAMILY DETACHED RESIDENTIAL SUBDIVISION, INCLUDING THREE UNITS PROPOSED AS AFFORDABLE TO VERY LOW-INCOME AND THREE PROPOSED AS AFFORDABLE TO MODERATE-INCOME HOUSEHOLDS FOR THE PROPERTY LOCATED AT 2100 WEST ALTON AVENUE (APNS: 412-541- 06 AND 412-541-10) 2. Authorize the City Manager to execute a Density Bonus Agreement with BDC Santa Ana LLC, for a 55-year covenant term, for a for-sale residential development consisting of a thirty-six (36) unit single-family detached residential subdivision, which includes three (3) units designated as affordable to very low-income and three (3) units affordable to moderate-income households at 2100 West Alton Avenue (Agreement No. A-2026-XXX); and 3. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action (below) is exempt from further review under Section 15332 (Class 32) of the CEQA Guidelines (In-Fill Development Projects). GOVERNMENT CODE 484308 APPLIES: Yes EXECUTIVE SUMMARY Greg Ocasek, representing Warmington Residential California, Inc. ("Applicant"), on behalf of BDC Santa Ana LLC ("Property Owner"), is requesting approval of Density Bonus Agreement No. 2026-04 to allow the construction of a for-sale residential development City Council 19 — 1 7/7/2026 Density Bonus Agreement No. 2026-04 — SWC Alton & Raitt Residential Development (2100 West Alton Avenue) July 7, 2026 Page 2 consisting of a thirty-six (36) unit single-family detached subdivision, which includes three (3) units designated as affordable to very low-income and three (3) units affordable to moderate-income households at 2100 West Alton Avenue ("Project"). As proposed, the Project will utilize concessions and waivers or reductions to deviate from development standards as memorialized by the density bonus agreement pursuant to California Government Code Sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607. Staff recommends approval of the Applicant's request as the Project is consistent with the intent of the General Plan by facilitating additional affordable and market-rate ownership housing on a vacant, previously developed site within an established neighborhood, remains compatible with surrounding residential and institutional uses, and would not result in adverse environmental or public health impacts. Planninq Commission Action On June 22, 2026, the Planning Commission held a public hearing for the Project and voted 5:1:1 (Commissioner Benninger voting no; Commissioner Leo absent) to approve Vesting Tentative Tract Map (VTTM) No. 2026-05 and to recommend that the City Council approve Density Bonus Agreement (DBA) No. 2026-04. Moreover, pursuant to SAMC Section 41-1607. In accordance with SAMC Section 41-1602(d), the Planning Commission made the required findings to approve concessions and waivers from the development standards as part of the density bonus agreement. Following this vote, the item requires City Council approval of the DBA. DISCUSSION Table 1: Project and Location Information Item Information Project Address and Council Ward 2100 West Alton Avenue—Ward 4 Nearest Intersection Alton Avenue and Raitt Street General Plan Designation Low Density Residential LR-7 Zoning Designation Specific Development No. 4 SD-4 North Single-Family Residential, Railroad Surrounding Land Uses East Church South School West School Property Size 2.48 acres (108,009 sq. ft.) Existing Site Development Vacant former YMCA facility, parking lot, pool, and field Use Permissions Single-Family Residential Zoning Code Sections Affected Specific Development (SD-4); SAMC Section 41-593; Chapter 34 (Subdivisions); and Article XVI.I (Density Bonus Project Description The Project site consists of two contiguous parcels totaling approximately 2.48 acres, located at 2100 West Alton Avenue, at the southwest corner of Alton Avenue and Raitt Street. The site is relatively flat and currently contains remnants of the former YMCA facility, including associated structures, paving, a drained pool, and open field areas. The Project includes construction of 36 three-story single-family detached dwelling units developed as City Council 19 — 2 7/7/2026 Density Bonus Agreement No. 2026-04 — SWC Alton & Raitt Residential Development (2100 West Alton Avenue) July 7, 2026 Page 3 a small-lot subdivision with attached garages, private and common open space, guest parking, landscaping, internal circulation, and frontage improvements along Alton Avenue. Of the total units in the development, six units are proposed to be affordable: three units reserved for very low-income households earning 30%to 50% of area median income (AMI) and three units reserved for moderate-income households earning 80% to 120% of AMI, which is currently set at $84,600 and $163,900, adjusted for a four-person household size, as published by the California Department of Housing and Community Development(HCD). Four of the affordable units will be three-bedroom units, while the remaining two will be four- bedroom units. The proposed units will range in size between 1,859 and 2,189 square feet and will contain full kitchens, bedrooms, bathrooms, and common living areas. The Project site is proposed to be subdivided into 38 lots ranging from approximately 1,450 to 2,058 square feet, which include 36 residential lots, one central common-area lot, and one lot dedicated to internal access. The community is designed with homes along the perimeter generally facing inward, with the exception of eight homes fronting Alton Avenue. The remaining homes are located within the interior of the site and are arranged around a central common open space, which is encircled by the internal private residential drive. This internal residential drive is a private road, not a public street, and therefore is not subject to City development standards for public streets. Vehicular access will be provided from Alton Avenue via a private road under an easement shared with the adjacent church, connecting to the Project's internal private residential drive that serves the residential lots. Construction is planned as a single phase, progressing from demolition to grading, utilities, paving, vertical construction, and final landscaping. The single-family homes are offered in two primary floor plans, with minor variations for units featuring front entries along Alton Avenue instead of the side of the building. Residential floor areas will range from approximately 1,859 to 2,189 square feet and include two to four bedrooms and 2.5 to 3.5 bathrooms (see Table 2). All homes will feature attached two-car garages and second-floor balconies oriented toward its private open space. Pursuant to SD- 4 development standards, building heights may reach up to 35 feet; the tallest proposed residence is approximately 35 feet to the ridgeline. The two floor plans will be available in Spanish Modern and Contemporary Craftsman architectural styles, which are distributed throughout the development to provide visual variety and architectural interest. The Spanish Modern homes will include stucco exteriors in a neutral color palette, clay S-tile roofing, stucco foam trim, metal railings, and exposed wood rafters. The Contemporary Craftsman homes will incorporate stucco, board-and- batten detailing, asphalt shingle roofing,fiber-cement lap siding, exposed eave rafters,wood railings, decorative shutters, and metal-roof awnings. All homes will use vinyl windows, metal garage doors, and fiberglass entry doors. Overall, the Project includes durable design and construction materials intended to ensure it ages well over the life of the buildings. Table 2: Total Units by Type City Council 19 — 3 7/7/2026 Density Bonus Agreement No. 2026-04 — SWC Alton & Raitt Residential Development (2100 West Alton Avenue) July 7, 2026 Page 4 Unit Type and Size Range Quantity Percent of Overall Project Three-Bedroom 1,859 s . ft. 22 61% Four-Bedroom 2,189 s . ft. 14 39% Total 36 100% The Project provides 41,189 square feet of open space, representing approximately 39.3% of the total net buildable site area. Common open space includes a central park, landscaped frontage areas, and HOA-maintained landscaping. The central park offers approximately 1,200 square feet of common open space and features amenities such as a decorative trellis, dining table, lounge seating, and a barbecue grill. In addition, 16,510 square feet of ground-level private open space is distributed throughout the residential lots. Vehicular access is provided from the easement road off Alton Avenue to the development's 26-foot wide internal private looping drive. The Project provides 89 parking spaces, including 72 garage spaces and 17 guest spaces. Of the 17 guest spaces on site, ten will be located along the residential private drive and seven angled spaces will be located immediately outside the Project's perimeter walls within an Orange County Sanitation District easement. A median and directional markings are proposed in the easement road to ensure right- in/right-out only movements to and from the community while separating residential traffic from the adjacent church traffic before exiting back onto Alton Avenue. Pedestrian walkways are provided to and from the units fronting Alton Avenue. Internally, pedestrian walkways are limited; where walkways do not extend to all units, pedestrians must use the private drive to access certain units. Density Bonus The California Density Bonus Law allows developers proposing five or more residential units to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek up to five incentives/concessions and an unlimited number of waivers or reductions in development standards. The incentives/concessions are generally reductions in site development standards or modification of zoning code requirements or architectural design requirements, and waivers are essentially variances from development standards (a site or construction condition). The purpose of the State Density Bonus Law is to encourage the development and availability of affordable housing. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested incentives, concessions, and waivers. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. In early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to "justify" the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. City Council 19 — 4 7/7/2026 Density Bonus Agreement No. 2026-04 — SWC Alton & Raitt Residential Development (2100 West Alton Avenue) July 7, 2026 Page 5 Pursuant to the California Density Bonus law, a Project's affordability level is determined by dividing the number of proposed affordable units by the allowable "base" density (i.e., 7 du/ac). Moreover, the law states that units added by a density bonus are excluded from the calculations. The base density for the 2.48-acre site at 7 du/ac yields 18 units. By setting aside 16% of base units (three units)for very-low-income households and 16% (three units) for moderate-income households, the Project qualifies for a combined density bonus: 50% for very low-income and 50% for moderate-income under Government Code Section 65915 , resulting in a 100% density bonus. Based on the Project's proposed six affordable units and their rates, the Applicant may request four incentives/concessions, together with unlimited waivers, pursuant to Government Code Section 65915 et al. (Density Bonuses and Other Incentives). As such, the maximum unit yield for the 2.48-acre site using the LR- 7 General Plan density and the State density bonus is 36 units (14.52 du/ac), as outlined in Table 3. Table 3: Density Bonus Calculation Affordable Units—32%* Density Bonus Calculation Units Allowed 3 units Very-Low&3 Units Moderate Income Base Density— Low Density Residential (LR-7) 2.48 acres x 7 du/ac= 17.3 18 base units rounded up per State law 50-Percent State Density Bonus for providing (18 units x 0.5) = 9 +9 units 16% affordable at very-low income 3 units 50-Percent State Density Bonus for providing 16% affordable at moderate income 3 units) (18 units x 0.5) = 9 +9 units Total Units 36 units allowed, 36 proposed *Affordable unit percentage is calculated excluding units added by a density bonus. The City has analyzed the Project and has identified several areas of potential impacts; however, the conditions of approval proposed for the Project are intended to address the Project's potential impacts. Under the Density Bonus Law, the developer sought specific concessions and waivers from certain SD-4 and SAMC standards to facilitate project development. Table 4 outlines the concession and waivers requested by the Applicant and approved by the Planning Commission on June 22, 2026. Table 4: Requested Concession and Waivers Standard Required by the SD-4 or SAMC Provided Floor Area Ratio(FAR) 0.5 FAR maximum 1.62 FAR Concession SD-4, Section 7 Walls and Fences Height 3 ft. max. along non-arterials 3.5 ft. (non-arterial,Alton Avenue) (Concession) 8 ft. max. all others 12 ft. (other) SAMC Section 41-610 Open Space 50% minimum 39.3% Concession SD-4, Section 15 City Council 19 — 5 7/7/2026 Density Bonus Agreement No. 2026-04 — SWC Alton & Raitt Residential Development (2100 West Alton Avenue) July 7, 2026 Page 6 Standard Required by the SD-4 or SAMC Provided Vehicular and Pedestrian Separated vehicle and pedestrian Limited pedestrian walkways Circulation circulation provided, pedestrian access to lots Concession SD-4, Section 16&SAMC 41-591 k require use of vehicular drive Minimum Parcel Area 4,000 sq. ft. 1,450 sq. ft. Waiver SD-4, Section 5 Front Yard Setbacks 10 ft. 0.33 ft. (Waiver) SD-4, Section 8 Side Yard Setbacks 4.5 ft. (Waiver) SD-4, Section 9 3.5 ft. Rear Yard Setbacks 10 ft. 0.41 ft. (Waiver) SD-4, Section 10 Onsite Parking The site is parked in compliance with Government Code Section 65915(p)(1)(B)(C) and provides 2.47 spaces per unit. The California Density Bonus Law allows 1.5 parking spaces per three-bedroom units and 2.5 parking spaces per four-bedroom units, inclusive of handicapped and guest parking as seen in Table 5 below. The Project provides 89 total parking spaces, or 2.47 spaces per unit, including two covered parking spaces for each residence and 17 open/guest parking stalls. Table 5: Required and Provided Parking Unit Type Required Ratio Units Parking Spaces Three-Bedroom 1.5 spaces 22 33 spaces required Four-Bedroom 2.5 spaces 14 35 spaces required 68 spaces required, Total 36 89 spaces provided The Project is not anticipated to have any parking impacts. However, to proactively address any neighborhood parking impacts that could result frossm the Project, the conditions of approval for the VTTM include provisions requiring ongoing parking management practices, to be incorporated into the final recorded covenants, conditions, and restrictions (CC&Rs), and applicable throughout the life of the Project, including measures such as: • Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the surface guest parking spaces; • Policies for maximum time vehicles may be parked in the surface guest spaces; • Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hang- tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed; and • Routine garage inspections to ensure garages are available for vehicle parking. These operational measures ensure that the Project is compatible with its surroundings and will not be detrimental to the health, safety, or general welfare of nearby residents. City Council 19 — 6 7/7/2026 Density Bonus Agreement No. 2026-04 — SWC Alton & Raitt Residential Development (2100 West Alton Avenue) July 7, 2026 Page 7 Affordable Housinq Opportunity and Creation Ordinance The Project exceeds the affordable housing goal for the ownership category of the City's Affordable Housing Opportunity and Creation Ordinance (AHOCO) by providing six for- sale, very low-income (30-50%) and moderate-income (80-120%) on-site units in place of two moderate-income households. These factors significantly enhance the opportunity for income-eligible Santa Ana households to own a home in the City at a lower cost. The units will be dispersed throughout the community. Four of the affordable units will be three-bedroom units, while the remaining two will be four-bedroom units. The proposed units will range in size between 1,859 and 2,189 square feet and will contain full kitchens, bedrooms, bathrooms, and open/common living areas. The developer's Inclusionary Housing Plan has been reviewed and approved by the City's Housing Division. Table 6: Affordable Unit Breakdown Unit Type Units Units in Affordable Project Percent of Unit Type Three-Bedroom 1,859 s . ft. 4 22 18% Four-Bedroom 2,189 s . ft. 2 14 14% Total 6 36 Public Notification and Community Outreach As the City Council's approval of this agreement does not constitute a public hearing, no public notification or community outreach is required under applicable state law or local ordinances prior to Council action. However, staff notes that project notifications were posted, published, and mailed in accordance with City and State regulations for the required Planning Commission public hearing. In addition, staff contacted representatives of the Metro Classic, Thornton Park, Morning Sunwood, Republic Homes Neighborhood Associations to ensure they were aware of the project and Planning Commission public hearing. In addition to the above noticing, the Project was subject to the City's Sunshine Ordinance (Ordinance No. NS-3040) requiring two meetings to facilitate early public participation. The first meeting took place on September 9, 2025, with 28 community members attending in person and 12 participating remotely. Attendees raised questions regarding parking, traffic, pedestrian and vehicular access, building design, and environmental review. The Applicant stated that the Project would provide 82 parking spaces and that the HOA would require garage spaces to be used for vehicle parking; however, the HOA would not be able to restrict residents from parking on public streets where permitted. The Applicant also acknowledged concerns regarding school-related traffic and explained that the Project would include a new sidewalk connection from Alton Avenue into the site. City Council 19 — 7 7/7/2026 Density Bonus Agreement No. 2026-04 — SWC Alton & Raitt Residential Development (2100 West Alton Avenue) July 7, 2026 Page 8 The second meeting was held on December 1, 2023, with 33 in-person and 25 remote attendees. Public feedback focused on parking adequacy, density, and traffic impacts, alongside questions about affordability, project design, access, security, the entitlement process, and environmental review. In response, the Applicant presented revised architectural plans and increased on-site parking by seven spaces. Additional modifications included updates to the easement road to accommodate the added parking, as well as the introduction of a new median and directional striping to improve vehicular circulation. Materials from the two required community meetings and all materials were published to the Project's webpage on the City's website at: www.santa-ana.org/2100-w- alton-avenue-residential-development/. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is exempt from further review, pursuant to Section 15332 (Class 32) of the CEQA Guidelines (In-Fill Development Projects), because the Project is consistent with the applicable General Plan land use designation and applicable General Plan policies, as well as with applicable zoning designation and regulations. Moreover, the proposed development occurs within the City limits on a project site of no more than five acres; the Project site has no value as habitat for endangered, rare or threatened species; approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. The above-mentioned analysis and use of a Class 32 categorical exemption is substantiated by the analysis provided and included as part of Exhibit 3 of this report. Based on this analysis, a Notice of Exemption, Environmental Review No. 2025-67, will be filed for this Project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBITS 1. Resolution — Density Bonus Agreement 2. Draft Density Bonus Agreement 3. June 22, 2026 — Planning Commission Staff Report and Exhibits (hyperlink) Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency, and Michael L. Garcia, Executive Director of Community Development Agency Approved By: Alvaro Nunez, City Manager City Council 19 — 8 7/7/2026 RESOLUTION NO. 2026-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2026-04 TO ALLOW DEVELOPMENT OF A 36-UNIT SINGLE-FAMILY DETACHED RESIDENTIAL SUBDIVISION, INCLUDING THREE UNITS PROPOSED AS AFFORDABLE TO VERY LOW-INCOME AND THREE PROPOSED AS AFFORDABLE TO MODERATE-INCOME HOUSEHOLDS FOR THE PROPERTY LOCATED AT 2100 WEST ALTON AVENUE (APNS: 412-541-06 AND 412-541- 10) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Greg Ocasek, representing Warmington Residential California, Inc. ("Applicant"), on behalf of BDC Santa Ana LLC ("Property Owner"), is requesting approvals of Density Bonus Agreement Application No. 2026-04 to facilitate the development of a 36-unit single-family detached residential subdivision, including three (3) units proposed as affordable to very low- income and three (3) units proposed as moderate-income households, for the property located at 2100 West Alton Avenue ("Project"). B. The California Density Bonus Law generally allows developers to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law also generally allows developers to seek incentives/concessions or waivers of, or reductions in, development standards. C. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires an application for a deviation (incentives/concessions and/or waivers or reductions) to be approved by the Planning Commission. D. On June 22, 2026, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and, at that time, considered all testimony, written and oral, and approved Vesting Tentative Tract Map No. 2026-05, and, based upon the findings required by Government Code Section 65915 and Santa Ana Municipal Code Section 41-1602(d), four (4) concessions and four (4) waivers, to be memorialized in Density Bonus Agreement No. 2026-04. City Council 19 — 9 7/7/2026 E. The Project provides eighty-nine (89) parking spaces, including seventy-two (72) enclosed garage spaces and seventeen (17) guest parking spaces, which exceeds the parking standards permitted pursuant to Government Code Section 65915(p). The City Council further finds that the Project includes ongoing parking management measures, to be incorporated into the recorded Covenants, Conditions, and Restrictions (CC&Rs), including guest parking permit requirements, parking time limitations, towing enforcement provisions, and routine garage inspections to ensure garages remain available for vehicle parking. These measures are intended to minimize potential neighborhood parking impacts and ensure compatibility with surrounding residential uses. F. Pursuant to SAMC Section 41-1602(d), approval of Density Bonus Agreement No. 2026-03 is within the purview of the City Council. G. On July 7, 2026, the City Council of the City of Santa Ana held a regular meeting and considered approval of Density Bonus Agreement No. 2026- 04. H. The City Council hereby approves Density Bonus Agreement No. 2026-04. This Agreement allows for the construction of the proposed Project in accordance with the provisions of State Density Bonus Law and SAMC Section 41-1607 and memorializes the affordable housing obligations, the concessions and waivers approved by the Planning Commission, and other terms necessary to implement the Project pursuant to State Density Bonus Law and SAMC Section 41-1607, in accordance with Vesting Tentative Tract Map No. 2026-05, as conditioned. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is exempt from further review, pursuant to Section 15332 (Class 32) of the CEQA Guidelines (In-Fill Development Projects), because the Project is consistent with the applicable General Plan land use designation and applicable General Plan policies, as well as with applicable zoning designation and regulations as modified by the State Density Bonus Law. Moreover, the proposed development occurs within the City limits on a project site of no more than five acres; the project site has no value as habitat for endangered, rare or threatened species; approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. Based on this analysis, a Notice of Exemption, Environmental Review No. 2025-67, will be filed for this Project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such City Council 19 — 10 7/7/2026 other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The City Council of the City of Santa Ana, at its regular meeting, hereby approves Density Bonus Agreement No. 2026-04 03 and authorizes the City Manager to execute the Agreement in a form approved by the City Attorney. This approval is based on the written materials submitted, including: the Request for Planning Commission Action dated June 22, 2026; and the Request for City Council Action dated July 7, 2026, and their respective exhibits. Section 5. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this resolution. ADOPTED this day of , 2026. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: I Melissa M. Crosthwaite Senior Assistant City Attorney City Council 19 — 11 7/7/2026 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-XX to be the original resolution adopted by the City Council of the City of Santa Ana on 12026. Date: City Clerk City of Santa Ana City Council 19 — 12 7/7/2026 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: City Clerk Free Recording pursuant to Government Code,�¢6103 and 2 7383 DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2100 West Alton Avenue; APN: 412-541-06, 412-541-10 This DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Agreement"), is made and entered into this_ day of , 2026 ("Effective Date"), for reference purposes only, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), BDC Santa Ana LLC, a California limited liability company ("Landowner") and Warmington Residential California, Inc., a California corporation ("Warmington Residential") (collectively, "Landowner" and "Warmington Residential" are referred to as "Developer"). City, Landowner, Warmington Residential and Developer are sometimes referred to collectively as the "Parties" and individually as a"Party." RECITALS A. Landowner is the owner of that certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 2100 West Alton Avenue, Santa Ana, California, and legally described as set forth in Exhibits A-1 and A-2, which are attached hereto and incorporated herein by this reference as if set forth in full ("Property"). B. Warmington Residential has the right to purchase the Property pursuant to a purchase and sale agreement with Landowner, which provides that the Property will be transferred from Landowner to Warmington Residential after the approval of entitlements for the Project. Because this Agreement is being entered into before Warmington Residential acquires the Property, both Landowner and Warmington Residential are identified as Developer and Parties to this Agreement. Once the Property is transferred to Warmington Residential, Landowner shall cease to be a Developer, leaving Warmington Residential as the sole Developer. Landowner will no longer be a Party to the Agreement,but shall be subject to all terms, conditions, and obligations set forth herein. Page 1 "Inn nnimncn�ntn�n City Council 19 — 13 7/7/2026 PLANNING COMMISSION DRAFT C. Developer is proposing to develop a residential development consisting of no more than thirty six (36) single family detached residences, six(6)of which are proposed as very low and moderate income residential ownership residences on the Property, as more particularly set forth in Density Bonus Application No. 2026-04 ("Project"). D. Santa Ana Municipal Code sections 41-1600, et seq. ("City Density Bonus for Affordable Housing"), and California Government Code sections 65915, et seq. ("State Density Bonus Law"), set forth a process to provide increased residential densities and incentives,concessions, and waivers to property owners or developers who restrict a portion of their residential development to Very Low and Moderate Income Households, as specified. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities throughout the City. E. The allowable base density for the Property under the City's Municipal Code is seven (7) dwelling units per acre. The Project site is 2.48 acres, resulting in a maximum allowable density for the Project of eighteen (18) units. The Project proposes restricting three (3)units for Very Low Income Households and three (3) units for Moderate Income Households, which results in a density bonus up to fifty percent(50%) of the base density for each of these income categories,respectively. F. The Project complies with the affordability requirements for a housing development as set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing. G. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Section 65915(d)(2)(C), the City has determined that the Project is eligible for four (4 incentive or concession,and waivers as prescribed by the State Density Bonus Law. H. This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project's requirement to provide affordable housing units in exchange for receiving the density bonus, concession and waivers set forth herein. NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows: Page 2 ���nn nnim�ncn�ntn�n City Council 19 — 14 7/7/2026 PLANNING COMMISSION DRAFT 1.1.1 "Affordability Covenants" means restrictions on the sale and conveyance of the Property pursuant to California Government Code Section 65915 that ensure that the Property will be preserved for Very Low Households and Moderate Income Households for at least fifty-five (55) years for owner-occupied housing units and will be sold or resold only to Eligible Households, as defined herein,pursuant to State Density Bonus Law. 1.1.2 "Adjusted for Family Size Appropriate to the Unit" or "Adjusted for Household Size" shall have the meaning set forth by Health and Safety Code Section 50052.5(h). 1.1.3 "Administrative Procedures Manual" shall mean the City's Administrative Procedures Manual: Ownership Housing Development, setting forth rules and regulations for the City's homeownership program. 1.1.4 "Affordability Term" means the duration of the Affordability Covenants as set forth in Section 3.1. 1.1.5 "Affordable Housing Cost" means the total Housing Costs paid by Homebuyers purchasing an Affordable Unit in accordance with this Agreement, which shall not exceed the limits for Very Low Households and Moderate Income Households in accordance with California Health and Safety Code Section 50052.5, and implementing regulations of Sections 6920, 6924 and 6930 of Title 25 of the California Code of Regulations for Very Low and Moderate Income Households. The Affordable Housing Cost for Moderate Income Households shall not exceed thirty-five percent (35%) times one hundred ten percent (110%) of the Orange County Median Income Adjusted for Family Size Appropriate for the Unit. For Moderate Income Households whose gross income exceeds 110% of Median Income, the Affordable Housing Cost shall not exceed thirty five percent (35%) of Gross Household Income. The Affordable Housing Cost for Very Low Income Households shall not exceed thirty percent (30%) times fifty percent (50%) of the Orange County Median Income Adjusted for Family Size Appropriate for the Unit. 1.1.6 "Affordable Housing Resale Restrictions" means the restrictions imposed on each Affordable Unit that restrict sales to qualified Eligible Households pursuant to a local preference for families who live or work in the City of Santa Ana at an Affordable Sales Price, in the form of Exhibit B attached hereto. 1.1.7 "Affordable Sales Price" means the maximum sales price that can be charged for an Affordable Unit as set forth in Section 3.3.1. 1.1.8 "Affordable Units(s)" means the six (6) unit(s), which shall comprise of four(4)three-bedroom units and two (2)four-bedroom units,which always must be proportionate to the unit mix for the property. Any change to the number,bedroom size, location, or distribution of Affordable Units is subject to City Manager approval. 1.1.9 "Agreement" means this Density Bonus Housing Agreement With Declaration of Covenants, Conditions and Restrictions. 1.1.10 "Benchmark Down Payment" is a component of the Affordable Sales Price calculations. For the purposes of this Agreement, the Benchmark Down Payment is set at 5% of the total Affordable Sales Price. The Benchmark Down Payment is used solely as a Page 3 ���nn nnimncn�ntn�n City Council 19 — 15 7/7/2026 PLANNING COMMISSION DRAFT component for determining the Affordable Sales Price for an Affordable Unit.It does not represent a cap on the down payment amount that can be contributed by a Homebuyer. 1.1.11 "Certificate of Occupancy" means a certificate or approval of a final inspection from the City. 1.1.12 "City" means the City of Santa Ana, California. 1.1.13 "City Attorney"means the City Attorney for the City of Santa Ana. 1.1.14 "City Council" means the City Council of the City of Santa Ana. 1.1.15 "City Deed of Trust" means the deed of trust to be executed by the Homebuyer and recorded against Affordable Unit the Homebuyer's obligations under the City Promissory Note, substantially in the form attached hereto as Exhibit D. 1.1.16 "City Manager" means the City Manager for the City of Santa Ana. 1.1.17 "City's Planning Commission" means the Planning Commission for the City of Santa Ana. 1.1.18 "City Promissory Note" means the promissory note executed by the Homebuyer evidencing Homebuyer's agreement to pay the City Equity Share, substantially in the form attached hereto as Exhibit C. 1.1.19 "Density Bonus Application" shall mean the Density Bonus Application No. 2026-04 for the Project. 1.1.20 "Developer" means BDC Santa Ana LLC, a California limited liability company, and Warmington Residential California,Inc., a California corporation, and its permitted successors and assigns to all or any part of the Property, Project or this Agreement. 1.1.21 "Effective Date"means the date the Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement, pursuant to Section 4.2 herein. 1.1.22 "Eligible Household" means a Household whose income does not exceed the qualifying limits for Very Low Income Households or Moderate Income Households, as defined herein. 1.1.23 "First Lien" means the lien of the institution making the purchase money mortgage loan to Homebuyer for the purchase of an Affordable Unit. For the avoidance of doubt, the City's Deed of Trust shall be subordinate to the First Lien. 1.1.24 "Gross Household Income"means all income from whatever source from all adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. The applicable sources of Page 4 "Inn nnimncn�ntn�n City Council 19 — 16 7/7/2026 PLANNING COMMISSION DRAFT income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. The definition includes the following specific requirements: (a) Except as provided in subdivision (b), all payments from all sources received by the head of Household(even if temporarily absent) and each additional member of the Household who is not a minor shall be included in the annual income of a Household. Gross Household Income shall include, but not be limited to: (i) The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses; (ii) The net income from operation of a business or profession or from rental or real or personal property(for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business); (iii) Interest and dividends; (iv) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds,pensions, disability or death benefits and other similar types of periodic receipts (but see subdivision(2)(c)); (v) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay; (vi) Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of: (1) The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities,plus (2) The maximum amount which the public assistance agency could in fact allow for the Household for shelter and utilities. (vii) Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling; (viii) All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling)who is head of the Household or spouse or domestic partner(but see subdivision(b)(v)); (ix) Where a Household has net assets in excess of$5,000, income shall include the actual amount of income, if any, derived from all of the net Household assets or 10 percent of the value of all such assets, whichever is greater. For purposes of this section, net Household assets means value of equity in real property other than the Household's Page 5 ���nn nnim�ncn�ntn�n City Council 19 — 17 7/7/2026 PLANNING COMMISSION DRAFT full-time residence, savings, stocks,bonds, and other forms of capital investment. The value of necessary items such as furniture and automobiles shall be excluded. (b) The following items shall not be considered as income: (i) Casual, sporadic or irregular gifts; (ii) Amounts which are specifically for or in reimbursement of the cost of medical expenses; (iii) Lump-sum additions to Household assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses; (iv) Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to be included in income; (v) The special pay to a serviceman head of a Household away from home and exposed to hostile fire; (vi) Relocation payments made pursuant to federal, state, or local relocation law; (vii) Foster child care payments; (viii) The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of the amount actually charged the eligible Household; (ix) Payments received pursuant to participation in the following volunteer programs under the ACTION Agency: (1) National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs. (c) National Older American Volunteer Programs for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of Executives (ACE). 1.1.25 "Homebuyer" means an Eligible Household that has entered into an agreement to purchase an Affordable Unit in accordance with this Agreement. Page 6 "Inn nnim�ncn�ntn�n City Council 19 — 18 7/7/2026 PLANNING COMMISSION DRAFT 1.1.26 "Homebuyer Documents" means the Affordable Housing Resale Restrictions, the City Promissory Note, and the City Deed of Trust. 1.1.27 "Homeowners Association" means an association established for the Project as a common interest development in accordance with California Civil Code § 4080. 1.1.28 "Household" means all the persons who will occupy the Affordable Unit as their primary residence. The size of a prospective Household must be compatible with the size of the Affordable Unit to be purchased. Unless otherwise approved in writing by the City, which the City may withhold in its reasonable discretion, the minimum number of occupants is three (3) for three-bedroom units and four (4) for four-bedroom units. A child who is subject to a legally- binding shared-custody agreement, in which the child resides with the Household at least 50% of the time, is counted as a member of the Household. For the purpose of calculating the Household income and not the number of occupants, excluded from the definition of Household are live-in caregivers/caretakers,foster children,unborn children and children being pursued for legal custody or adoption that are not currently living with the Household. 1.1.29 "Housing Cost" means and includes all of the following costs associated with ownership of an Affordable Unit as defined in Title 25 of the California Code of Regulations Section 6920: (a) Principal and interest on a mortgage loan at the defined interest rate; (b) Property tax and assessments; (c) Fire and casualty insurance covering replacement value of property improvements; (d) Property maintenance and repairs; (e) A reasonable utility allowance, as determined by the City; and (f) Homeowners Association assessments and dues. 1.1.30 "Median Income" means the Orange County, California area median income,Adjusted for Household Size pursuant to California Health and Safety Code § 50052.5(h), as periodically published by HCD. 1.1.31 "Moderate Income Household(s)" means a Household whose income does not exceed One Hundred Twenty Percent (120%) of the area median income for the Orange County, California PMSA as published by HCD. 1.1.32 "Primary Residence" means that the Homebuyer is occupying the Affordable Unit for at least ten (10)months out of any twelve (12) month period. 1.1.33 "Project" means that certain affordable residential development as more particularly described in the Recitals and Section 2 of this Agreement. Page 7 "Inn nnim�ncn�ntn�n City Council 19 — 19 7/7/2026 PLANNING COMMISSION DRAFT 1.1.34 "Project Approvals" means all approvals, conditions, and entitlements issued by the City, inclusive of the Planning Commission and City Council. 1.1.35 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon. 1.1.36 "Request for Default" means the request for default attached hereto as Exhibit I. 1.1.37 "State Density Bonus Law" means Government Code Section 65915, et seq., as they exist on the Effective Date. 1.1.38 "Supportable Mortgage" means the mortgage amount that can be supported by a Very Low Household or Moderate Income Household based on the Affordable Housing Cost calculations. The mortgage calculation is based on the prevailing market interest rate for a 30-year fully amortizing mortgage with a fixed interest rate. The Supportable Mortgage shall be determined in accordance with the City's Administrative Procedures Manual, provided that it should be determined for a Very Low Household or Moderate Income Household consistent with the requirements of this Agreement and State Density Bonus Law. 1.1.39 "Transfer" means any sale, assignment, conveyance, lease or transfer, voluntary or involuntary, of any interest in the Property. Without limiting the generality of the foregoing, Transfer shall include (i) a transfer by devise, inheritance or intestacy; (ii) creation of a life estate or joint tenancy interest; (iii) a gift of all or any portion of the Property; or (iv) any voluntary conveyance of the Property. 1.1.40 "Transferee"means any natural person or entity who obtains ownership or possessory rights in the Property pursuant to a Transfer. 1.1.41 "Term"means the period during which this Agreement shall be in full force and effect, as provided for in Section 5.1 below. 1.1.42 "Very Low Income Household(s)" means a Household whose income does not exceed Fifty Percent(50%) of the area median income for the Orange County, California PMSA as published by HCD. 1.1.43 "Unit" means a residential dwelling unit within the Project to be constructed or caused to be constructed by Developer. 1.1.44 "Unrestricted Units" means the Units within the Project to be constructed or caused to be constructed by Developer and sold at market rate without restriction. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: 1.2.1 Exhibit A: Legal Description of the Property 1.2.2 Exhibit B: Affordable Housing Resale Restrictions, Equity Sharing and Regulatory Agreement Page 8 ���nn nnimncn�ntn�n City Council 19 — 20 7/7/2026 PLANNING COMMISSION DRAFT 1.2.3 Exhibit C: City Promissory Note 1.2.4 Exhibit D: City Deed of Trust 1.2.5 Exhibit E: Income Verification Form 1.2.6 Exhibit F: Certification of Continued Occupancy 1.2.7 Exhibit G: Notice of Affordability Restrictions on Transfer of Property 1.2.8 Exhibit H: Request for Default 1.2.9 Exhibit L• Affordable Sales Price 2. DEVELOPMENT OF THE PROPERTY 2.1 Project. Developer shall develop, operate, and maintain, or cause the development, operation and maintenance of, the Property as thirty six (36) Units, with six (6) Affordable Units for Eligible Households and thirty (30) Unrestricted Units in accordance with this Agreement and the Project Approvals. Notwithstanding anything to the contrary contained herein, in no event shall this Agreement apply to any of the Unrestricted Units and such Unrestricted Units shall not be subject to any of the covenants, restrictions, requirements, or provisions of this Agreement which are applicable to the Affordable Units and this Agreement shall not be recorded on the title of any of the Unrestricted Units. 2.2 Density Bonus. The Project shall have thirty six (36) Units, to be sold, owned, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. Developer understands and agrees that the number of Units allowed herein represents a density bonus of eighteen (18)Units. Developer shall not construct or develop, or otherwise claim a right to construct or develop any additional residential units on the Property under this Agreement. 2.3 Development Concessions, Incentives, and Waivers. As set forth in the City entitlements,Developer petitioned for and is hereby granted the following concessions, incentives, and waivers as part of the approval of Density Bonus Application: 2.3.1 Concessions/Incentives. In accordance with Government Code Section 65915(d)(1), the Project is granted four(4) concessions or incentives, as follows: (a) Maximum Floor Area Ratio (FAR). The requirement of City Municipal Code Section 41-593 and Specific Development No. 4 (SD-4), Section 7, which limits FAR to 0.5 for a single-family residence, are modified to allow an FAR of up to 1.62. (b) Wall and Fences Requirements. The requirement of City Municipal Code Section 41-593, SD-4, Section 1, and City Municipal Code Section 41-610 (Wall and fence requirements in the residential zones),which limits wall and fence heights to a maximum of 3 feet along non-arterial streets and 8 feet elsewhere, are modified to allow heights of up to 3.5 feet and 12 feet,respectively. (c) Open Space. The requirement of City Municipal Code Section 41- 593 and SD-4, Section 15, Open Space, to provide a minimum open space of 50% is reduced to 39.3%. Page 9 ���nn nnimncn�ntn�n City Council 19 — 21 7/7/2026 PLANNING COMMISSION DRAFT (d) Separated Vehicular and Pedestrian Circulation. The requirement of City Municipal Code sections 41-593, 41-591(k), and SD-4, Section 16, which require the separation of vehicular and pedestrian circulation within a planned residential development, are modified to remove the requirement for pedestrian walkways (i.e., sidewalks) from the private drive to the individual Units. 2.3.2 Waivers. In accordance with Government Code Section 65915(e),provided the Project complies with the Project Approvals, the Project is granted the following waivers or reductions from: (a) Minimum Parcel Area. The requirement of City Municipal Code Section 41-593 and SD-4, Section 5 Minimum Parcel Area, to provide a minimum parcel area of 4,000 square feet to be reduced to 1,450 square feet. (b) Front Yard Setbacks. The requirement of City Municipal Code Section 41-593 and SD-4, Section 8, Front Yard Setbacks, to provide a minimum front yard setback of 10 feet to be reduced to 0.33 feet. (c) Side Yard Setbacks. The requirement of City Municipal Code Section 41-593 and SD-4, Section 9, Side Yard Setbacks, to provide a minimum side yard setback of 4.5 feet to be reduced to 3.5 feet. (d) Rear Yard Setbacks. The requirement of City Municipal Code Section 41-593 and SD-4, Section 10,Rear Yard Setbacks,to provide a minimum rear yard setback of 10 feet to be reduced to 0.41 feet. 2.4 Parking Requirements. Onsite parking shall be provided in compliance with Government Code Section 65915(p). The Project shall provide not less than eighty-nine (89) parking spaces on the Property to residents and guests of the Project. Developer agrees and acknowledges that this parking requirement exceeds the minimum parking ratio under Government Code section 65915(p), and that Developer agrees to the park-ing required herein due to other benefits received under this Agreement and the Project Approvals. 2.5 No Further Concessions, Incentives, or Waivers. Developer acknowledges and agrees that no further concessions, incentives, waivers or parking requirements are requested, and that the terms set forth in Section 2.3 and 2.4 fully satisfies any duty City may have under the City Density Bonus for Affordable Housing,the Density Bonus Law,or any other law or regulation to provide any density bonus incentive or to waive any building, zoning, or other requirement in connection with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City's obligation to waive requirements of or provide development incentives pursuant to the City Density Bonus for Affordable Housing and the Density Bonus Law applicable to the Project. 2.6 Unit Mix. 2.6.1 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than thirty (30) Unrestricted Units, as set forth Section 2.6.3, below, plus any Released Units,as set forth in Section 3.6 below,and pursuant to the terms and conditions of this Agreement. Page 10 ���nn nnimncn�ntn�n City Council 19 — 22 7/7/2026 PLANNING COMMISSION DRAFT Any change to the unit distribution of the Unrestricted Units may affect the comparability of the Affordable Units and is subject to City Manager approval. 2.6.2 Affordable Units. The Project, for purposes of this Agreement, shall have no less than six(6)Affordable Units, for Very Low Households and Moderate Income Households, as set forth in Section 2.6.3, and pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with the Project Approvals, comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(5). 2.6.3 Unit Mix. The Affordable Units shall be consistent with the Project Approvals for the Project, and meet the following requirements: (a) Moderate Income Units. Three (3) Affordable Units shall be restricted for Moderate Income Households (the "Moderate Income Units"). The Moderate Income Units shall include two (2) 3-bedroom units with a minimum of 1,859 square feet of habitable area and one (1) 4-bedroom unit with a minimum of 2,189 square feet of habitable area. (b) Very Low Income Units. Three (3) Affordable Units shall be restricted for Very Low Income Households (the "Very Low Income Units"). The Very Low Income Units shall include two (2) 3-bedroom units with a minimum of 1,859 square feet of habitable area and one (1) 4-bedroom unit with a minimum of 2,189 square feet of habitable area. 2.7 Minimum Development Standards for Affordable Units. The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for any base Unrestricted Units, regardless of whether such Unrestricted Units are in the Project. Notwithstanding the foregoing, nothing herein shall be construed to limit the ability of purchasers of Unrestricted Units to purchase upgrades for such units. 2.8 Permits and Processing; Compliance with Laws. Developer, at its sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be secured any and all permits that may be required for development of the Project by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, and all necessary financing and property interests, Developer shall carry out and perform the development, operation, and maintenance of the Project or cause the performance of the development, operation, and maintenance of the Project, in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project, inclusive of the Project Approvals. Any changes to the Project shall be reviewed by the City Manager to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City's reasonable determination, then City and Developer shall meet and confer to address amendments and revisions to this Agreement as necessary. 2.9 Relocation Prior to Development of Project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive Page 11 "Inn nnim�ncn�ntn�n City Council 19 — 23 7/7/2026 PLANNING COMMISSION DRAFT responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees,representatives,volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance,benefits and costs prior to the completion of the development of the Project. 2.10 Mechanic's Liens, Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. Prior to the recording of this Agreement(or memorandum thereof)pursuant to Section 4.2 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non-responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend(with counsel of City's choosing and the consent of Developer,which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees,representatives,volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. 3. AFFORDABILITY 3.1 Affordability Term. The Affordability Term for each Affordable Unit shall commence on the date the Affordable Unit receives a certificate occupancy and expire fifty-five (55) years later(each an "Affordability Term"). 3.2 Memorializing Commencement of Affordability. Developer shall keep or cause to be kept detailed records of the commencement date of the Affordability Term for each Affordable Unit until that Affordable Unit is sold to a Homebuyer in accordance with this Agreement or released pursuant to Section 3.6 hereof. City shall have the right to review and verify said records without a fee from City to Developer to ensure that the commencement date specified by Developer for an Affordable Unit coincides with the date that the initial Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Developer for the commencement of the Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control. 3.3 Levels of Affordability. Each Affordable Unit shall be initially sold to and occupied by an Eligible Household for an Affordable Sales Price, and any resale shall be subject Page 12 "Inn nnim�ncn�ntn�n City Council 19 — 24 7/7/2026 PLANNING COMMISSION DRAFT to the Affordable Housing Resale Restrictions and the City Deed of Trust recorded against the Affordable Unit. 3.3.1 Affordable Sales Price. Developer covenants that, during the Term of this Agreement, each Affordable Unit shall be sold to, or held vacant for sale to, an Eligible Household for an Affordable Sales Price. The Affordable Sales Price is equal to the lesser o£ (a) fair market value for the Affordable Unit, or (b) the sum of the Supportable Mortgage plus, if applicable, the Benchmark Down Payment. Prior to the sale of any Affordable Unit, Developer shall provide the City with at least thirty(30)days' written notice of the determined amount, and the City shall have ten (10) days to approve or disapprove of the proposed Affordable Sales Price. The Affordable Sales Price for the initial sale of the Affordable Units shall be as calculated in Exhibit I. The Affordable Sales Price for the Moderate Income Units shall be determined based on Affordable Housing Costs for Moderate Income Households. The Affordable Sales Price for the Very Low Income Units shall be determined based on Affordable Housing Costs Very Low Income Households. 3.4 Notice to City. Prior to entering into an agreement for the transfer of an Affordable Unit, Developer shall provide at least thirty(30) days written notice to the City, along with a proposed written agreement setting forth the terms of the sale, including the proposed Affordable Sales Price. 3.5 Homebuyer Documents. The sale of each Affordable Unit is subject to satisfaction of the following conditions: 3.5.1 Each Homebuyer shall execute the Affordable Housing Resale Restrictions, which shall be recorded against the Affordable Unit. The Affordable Housing Resale Restrictions shall specify whether the Affordable Unit is a Moderate Income Unit or a Very Low Income Unit, and shall set forth the affordability covenants applicable to the relevant income-category. 3.5.2 The Affordable Housing Resale Restrictions shall include the following occupancy requirements: The Owner shall occupy and continually use the Affordable Unit as the Homebuyer's Primary Residence during the Total Affordability Term. On an annual basis, the City's Program Manager will send the Homebuyer an Occupancy Recertification Form to be filled out and returned to the City within thirty(30) days of receipt. The Owner shall affirm that they are occupying the Affordable Unit as their Primary Residence. The Owner will be required to submit copies of two current utility bills, or other evidence of occupancy that is acceptable to the City, as part of the annual recertification process. 3.5.3 The Affordable Housing Resale Restrictions shall provide for the terms of resale and the distribution of proceeds from any sale, as follows: (a) The Homebuyer shall execute the City Promissory Note evidencing Homebuyer's agreement to pay the City Equity Share, and record the City Deed of Trust against the Affordable Unit to secure the City Promissory Note. (b) During the Affordability Term, prior to the Transfer of an Affordable Unit, each Homebuyer shall agree to the City Promissory Note, and execute the Affordable Housing Resale Restrictions, the City Deed of Trust, the Notice of Restrictions, and Page 13 "Inn nnim�ncn�ntn�n City Council 19 — 25 7/7/2026 PLANNING COMMISSION DRAFT the Request for Default, which shall be recorded against each Affordable Unit. In the event a Homebuyer seeks to Transfer an Affordable Unit during the Affordability Term, the City, in its sole and absolute discretion,may approve an assignment and assumption agreement for subsequent sales of the Property to Eligible Households during the Affordability Term. The Affordable Housing Resale Restrictions shall provide that Affordable Units shall only be Transferred to an Eligible Household for an Affordable Sales Price during the Affordability Term,and the City Deed of Trust securing the City Promissory Note shall remain a lien on the Property. (c) During the Affordability Term, if a Transfer complies with the requirements of the Affordable Housing Resale Restrictions, then the Homebuyer selling the Affordable Unit shall be entitled to closing proceeds after payment of a First Lien for the Affordable Unit, and the City Equity Share shall be an obligation of the new Homebuyer,pursuant to the City Promissory Note and City Deed of Trust recorded against the Property. (d) Following the expiration of the Affordability Term for the Affordable Unit, the City Equity Share shall become due and payable upon a Transfer of the Property. (e) The City Equity Share includes an amount equal to the "initial subsidy" and "proportionate share of appreciation," in accordance with California Government Code section 65915(c)(2), and shall be determined as follows: (i) An amount equal to the difference between the fair market value of the Affordable Unit at the time of the initial purchase and the Affordable Sales Price (the "Initial Subsidy"),plus (ii) An amount equal to the product of(1) the appreciation of the Affordable Unit, as measured by the increase in the fair market value of the Affordable Unit at the time of the sale to the Homebuyer and the resale of the Affordable Unit, and(2) the percentage that the Initial Subsidy represented of the fair market value of the Affordable Unit when it was purchased by the Homebuyer(the "Proportionate Share of Appreciation"). (f) Payment of the City Equity Share is subject to the following: (1) payment to satisfy a First Lien from a primary lender, as approved by City at the time of the initial sale, or subsequent approval in the event of a refinance event, and(2) an amount equal to the down payment and the cost of improvements paid by the Homebuyer. Following payment of the City Equity Share, the Homebuyer shall receive the remainder of any closing proceeds, less any costs of closing, including any and all real estate broker commissions. (g) When the City Equity Share becomes due, the proceeds from the sale of the Property shall first satisfy a First Lien, and the Homebuyer shall receive proceeds for the value of any improvements and any down payment actually paid. The City Equity Share shall be paid prior to disbursement of remaining sales proceeds to the Homebuyer. 3.5.4 In order to assist City with calculation of the City Equity Share, Developer or a Homebuyer, as applicable, shall provide City with a calculation of the fair market value of each Affordable Unit at the initial sale which shall be determined as follows: Page 14 ���nn nnim�ncn�ntn�n City Council 19 — 26 7/7/2026 PLANNING COMMISSION DRAFT (a) For the initial sale, Developer shall propose to the City a fair market value based on a price per square foot that is based on comparable sales of other units within the Project. (b) Except for the initial sales subject to sub-paragraph (a), prior to the sale of an Affordable Unit, a qualified appraiser shall conduct an appraisal of the Affordable Unit to determine fair market value without the restrictions of this Agreement. If a seller or prospective Homebuyer disputes the appraised value,then that party may pay for the costs of a second appraisal and, if there is still disagreement, the average of the two appraisals shall be used to determine the fair market value. (c) The fair market value of the Affordable Unit, as determined in accordance with the above, shall be provided to the City for approval or disapproval, which City shall provide within thirty(30) days of receipt of the proposed fair market value. If City does not provide a written response within such time period, then the proposed fair market value shall be deemed approved by the City. 3.6 Alternative Compliance. If, for the initial sale of an Affordable Unit, a Homebuyer has not been identified by the Developer for certification by the City within 90 days of the issuance of a Certificate of Occupancy for such unit and good faith marketing efforts by Developer, as outlined in Section 4.13, Developer shall provide the City written notice that a Homebuyer has not been identified for the Affordable Unit; the notice to the City shall include a description of additional plans to market the Affordable Unit subject to City's reasonable review and approval. If Developer is still unable to identify a Homebuyer within an additional 90 days following implementation of the additional marketing plan approved by the City, Developer may sell the Affordable Unit to a qualified nonprofit housing corporation pursuant to, and subject to the requirements of, the State Density Bonus Law ("Nonprofit Unit"). Prior to entering into an agreement to Transfer an Affordable Unit pursuant to this section, the Developer shall provide the City with a proposed equity sharing agreement that complies with the requirements of Government Code Section 65915(c)(2)(C), and the City shall have not less than thirty(30) days to review. The Developer shall not enter into an agreement to transfer an Affordable Unit pursuant to this section unless and until City provides written consent. At close of such a sale,provided that the Developer has complied with all requirements of the State Density Bonus Law, including but not limited to recording an equity sharing agreement against the Nonprofit Unit required under Government Code Section 65915(c)(2)(C), the Nonprofit Unit shall not be subject to any requirement of this Agreement and this Agreement shall terminate as to and cease to be a burden on or encumbrance against that Nonprofit Unit. Upon Developer's request in connection with a sale of a Nonprofit Unit approved by the City, City agrees to provide documentation, in a form subject to City's reasonable approval, terminating this Agreement as to that Nonprofit Unit at the close of the sale. 4. OPERATION OF THE PROJECT BY DEVELOPER 4.1 Payment of Density Bonus Setup Fee. A Density Bonus Setup Fee in the amount of S$17,409.93, shall be paid on or before the date this Agreement is presented to the City's Planning Commission. Page 15 "Inn nnimncn�ntn�n City Council 19 — 27 7/7/2026 PLANNING COMMISSION DRAFT 4.2 Recording of Documents; Priority. 4.2.1 Prior to recording a final map or, if no map is required,issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement, and Developer shall deliver the proof of recording as required by Section 4.2.3, below. City shall cooperate with Developer in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property and Project for the Term of this Agreement. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Affordable Units for the Term of this Agreement to ensure compliance with the State Density Bonus Law and City Density Bonus Law, and to ensure the continued supply of Affordable Units in the Project, except as expressly set forth in this Agreement. 4.2.2 The Agreement shall be recorded against the Property and have priority over those matters of public record, except as approved in writing by the City. Following issuance of a Certificate of Occupancy (or an equivalent approval of a final building inspection) for the Affordable Units, the Parties may execute an amendment to this Agreement or other appropriate instrument that ensures that the requirements of this Agreement are properly recorded against each Affordable Unit and memorializes Owner's obligation to provide the Affordable Units on a for- sale basis in accordance with this Agreement. Upon the recording of such instrument as to the individual Affordable Units, the City may determine, in its sole and absolute discretion, to release this Agreement as to the Unrestricted Units;provided,however,that any release of the Unrestricted Units shall not impair the enforceability of the affordability restrictions, access easements, maintenance obligations, or other rights reasonably necessary for the use, operation, monitoring, and enforcement of the covenants and restrictions relating to the Affordable Units.. 4.2.3 Prior to issuance of building permits for the Project, Developer shall cause to be provided to City a condition of title guarantee (or other evidence acceptable to the City)that demonstrates this Agreement is senior to any other lien, deed of trust, mortgage, or other interest in the Property or the Project, except any Developer construction loan, Developer mortgage or deed of trust, or other interest in the Property or the Project approved by the City in writing,which approval shall not be unreasonably conditioned,withheld, or delayed. The City shall have not less than ten (10) days to determine that this Agreement (or an amended version of the Agreement restricting the Affordable Units) has senior rights. If City disapproves the evidence provided by Developer, then Developer agrees and acknowledges that City may withhold the building permit unless and until Developer provides evidence satisfactory to the City demonstrating priority of this Agreement or an amendment thereto. 4.3 Occupancy Levels. Developer shall not apply or permit any occupancy requirements that violate local, state or federal law during the development or sale of the Affordable Units. 4.4 Use of the Property. All uses conducted on the Property by Developer, including, without limitation, all activities undertaken by the Developer pursuant to this Page 16 "Inn nnim�ncn�ntn�n City Council 19 — 28 7/7/2026 PLANNING COMMISSION DRAFT Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. 4.5 Maintenance. Developer shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. City,and any of its employees, agents,contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project, after providing notice as follows: (i) at least a 24-hour notice to Developer and Homebuyer of the Affordable Unit which will be inspected, or (ii) at least 48 hours' notice to Developer, which shall promptly give notice to Owners of the Affordable Unit to be inspected. Following a Transfer of a Unit to a Homebuyer and following a transfer of common area to the Homeowners Association, the Developer shall not be responsible for the maintenance obligations set forth herein, except to the extent the Developer retains ownership in other Units or other portions of the Property. 4.6 Preparation and Recordation of Transfer Documents. Developer shall prepare and obtain City's approval, which approval shall not be unreasonably withheld, conditioned or delayed, of the Affordable Housing Resale Restrictions, the City Promissory Note, the City Deed of Trust, and the Notice of Affordability Restrictions, for each Affordable Unit to Eligible Households required by Section 3 of this Agreement in substantially the forms attached hereto as Exhibits B, C, D, and G, respectively. Developer shall not sell an Affordable Unit unless and until the City has reviewed and approved the Homebuyer as an Eligible Household for the purchase of the Affordable Unit, and the Homebuyer has executed and submitted to the Program Director, in recordable form, the Affordable Housing Resale Restrictions, the City Deed of Trust, and the Notice of Affordability Restrictions, and the approved financing for the Homebuyer,including the executed City Promissory Note. City's approval of the Homebuyer as an Eligible Household pursuant to this Section 4.6 shall not be unreasonably conditioned, withheld, or delayed. City shall have thirty (30) days to review a request to approve a proposed Homebuyer. 4.7 Selection of Homebuyer . 4.7.1 Developer shall select Homebuyers for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. 4.7.2 In selecting Homebuyers for the Affordable Units, Developer shall apply a preference for Santa Ana residents and workers to the extent permissible by law. Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy required by the State of California, the Developer shall give preference in purchasing the Affordable Units to households that live and/or work in the City of Santa Ana or who have an active Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority. 4.7.3 Qualified applicants for Affordable Units will be screened and"lotterized." A waiting list will be created from a lottery generated from the initial pool of qualified homebuyer applications. The waiting list will track applicant name and contact information, lottery number (or designated number after the initial lottery), household income, household size, status of application, and any other information deemed necessary. The waiting list will be maintained as Page 17 "Inn nnim�ncn�ntn�n City Council 19 — 29 7/7/2026 PLANNING COMMISSION DRAFT an electronic file and available for audit by the City of Santa Ana in accordance with resident selection procedures as set forth herein. 4.7.4 Not less than ninety (90) days prior to providing the City with a Notice of Intent to Transfer an Affordable Unit, Developer shall provide to the City a proposed form purchase sale agreement, and the City shall have thirty (30) days to review and approve the proposed agreement,or the proposed agreement shall be deemed disapproved. If the City approves the proposed form of purchase sale agreement (the "Form PSA"), then it shall provide written notice to Developer. 4.7.5 Prior to the sale of an Affordable Unit, Developer shall require the Homebuyer to execute a written purchase sale agreement substantially similar to the Form PSA, and a written certification from the Homebuyer verifying compliance with the requirements for an Eligible Household and all other eligibility requirements established for the Affordable Unit. Developer shall verify the income of the Homebuyer as set forth herein. 4.8 Income Verification and Certification. Developer shall verify income of prospective Homebuyers and certify the verification to the City; provided, however, that Developer shall not be liable for any fraud or mistake in perfon-ning its duties pursuant to this Section 4.8. In evaluating prospective Homebuyers, Developer shall consider the following sources of income in order of preference: (i) employment income; (ii) business income; (iii) income from Social Security, Supplemental Security Income (SSI), welfare, disability, or pension payments; and (iv) alimony or child support. To verify income, Developer shall comply with the procedures set forth in Section A-3 of the Administrative Procedures Manual. Subject to the foregoing preferences, Developer shall consider Gross Household Income from all adult Household members,which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. Within fifteen (15) days of delivery of an executed contract for purchase of an Affordable Unit by a prospective Homebuyer, Developer shall provide City with the Income Verification Form set forth in Exhibit F and the Certification of Continuing Occupancy set forth in Exhibit G. 4.9 DELETED 4.10 DELETED 4.11 Onsite Parking Management Plan. Developer shall construct the Project with onsite parking for residents and visitors of the Project and directly, or by imposing requirements on the Homeowners Association, actively monitor the parking demand of the Project site. Developer, or the Homeowners Association, as applicable, shall continually monitor and take the following measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way: (a) Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the onsite parking spaces for both residents and guests; (b) Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; and Page 18 ���nn nnim�ncn�ntn�n City Council 19 — 30 7/7/2026 PLANNING COMMISSION DRAFT (c) Policies for towing unauthorized vehicles, vehicles parked in unauthorized locations (such as fire lanes), vehicles parking in surface guest parking without a sticker, hang-tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed. (d) Routine garage inspections to ensure garages are available for vehicle parking. Prior to issuance of a Certificate of Occupancy(or equivalent approval from a final building inspection) for Unit within the Project, Developer shall submit and obtain approval from the City's Planning and Building Agency a Parking Management Plan(the"PMP")including those measures above. The approved PMP shall be implemented continuously, maintained onsite for City inspection, and updated by Planning Manager direction following parking complaints. In the event that the City determines, based on complaints, monitoring, or other information, that parking demand associated with the Project is resulting in adverse impacts to surrounding properties or the public right-of-way,the Homeowners Association shall,upon written notice from the City, meet and confer with the City to evaluate such conditions. The Homeowners Association shall work in good faith with the City to identify and implement reasonable measures, subject to City approval,to address such parking-related impacts. Such measures may include operational or management modifications, as deemed appropriate by the City and agreed to by the Homeowners Association. Any agreed-upon measures shall be incorporated into an updated Parking Management Plan, subject to approval by the Planning Manager, and shall be implemented by the Project within a timeframe reasonably established by the City. 4.12 Marketing and Resident Selection Plan. 4.12.1 Prior to issuance of a Certificate of Occupancy for any Unit in the Project, Developer shall prepare and obtain City's approval, which approval shall not be unreasonably conditioned, withheld, or delayed, of a marketing program and resident selection plan for the sale of the Affordable Units at the Project ("Marketing Program"). City shall have thirty (30) days to review a proposed Marketing Program. The sale of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City's prior written approval. Upon request, Developer shall provide City with periodic reports with respect to the sale of the Affordable Units. 4.12.2 The Marketing Program shall include marketing and community outreach activities, proposed Homebuyer selection criteria, occupancy standards, income requirements, timeline and details for outreach and marketing, data collection, record keeping and monitoring, procedures for complaints, and compliance assessment. Components of the resident selection plan shall include the application process, interview procedure, Affordable Unit offer and assignment for selected homeowners, rejected applications, and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program. Page 19 "Inn nnim�ncn�ntn�n City Council 19 — 31 7/7/2026 PLANNING COMMISSION DRAFT 4.13 Non-Discrimination in Housing. Developer, and any successors in interest, shall not discriminate any person or group of persons on account of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial or marital status, disability, veteran or military status, genetic information, political affiliation or opinion, medical condition, pregnancy or pregnancy-related condition, or condition of physical or mental disability or other handicap, age, or source of income or status with regard to public assistance in the transfer, use, occupancy, tenure or enjoyment of the Property or the Affordable Units, and the Developer,or any person claiming under or through it, shall not establish or permit any such practice of discrimination or segregation with reference to the selection, location,number,use or occupancy of any Homebuyer or resident of the Property or the Affordable Units. 4.14 Monitoring and Recordkeeping. Throughout the Term of this Agreement, on or before January 31 of each year, Developer shall annually complete or cause to be completed and submit to City the Annual Compliance Report in the form set forth in Exhibit G for each year until all Affordable Units are sold. Representatives of City shall be entitled to enter the Property if necessary after review of above documentation, upon at least forty-eight (48) hour notice, to monitor compliance with this Agreement, and shall be entitled to inspect the records of the Project relating to the Affordable Units and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City without a fee from the City. Developer agrees to cooperate with City in making the Property and the records of the Project relating to the Affordable Unit reasonably available for such inspection or audit. Developer agrees to maintain or cause for the maintenance of each record of the Project for no less than five (5) years after creation of each such record. 4.15 Developer shall allow the City to conduct annual inspections of the Affordable Units on the Property after the date of construction completion,with reasonable notice,which shall be at least twenty four(24) hours in advance, unless a shorter time is required in an emergency, to Developer for the Term of this Agreement. Developer shall commence to cure or cause the commencement to cure any defects or deficiencies found by the City while conducting such inspections within ten (10) business days of written notice thereof, or such longer period as is reasonable within the reasonable discretion of the City. This obligation shall cease on a unit-by- unit basis on the date that each Affordable Unit is transferred by Developer to an Eligible Household. 5. TERM OF THIS AGREEMENT 5.1 Term. This Agreement shall have a terin that commences upon the Effective Date and expires as follows: 5.1.1 Unrestricted Units. This Agreement expires as to each individual Unrestricted Unit on the date when the Developer conveys the Unrestricted Unit to a homeowner. This Agreement expires as to all of the Unrestricted Units on the date when the City has issued a Certificate of Occupancy for all of the Affordable Units. 5.1.2 Affordable Units. This Agreement expires as to the Affordable Units when the Affordability Term for each Affordable Unit expires. Page 20 ���nn nnim�ncn�ntn�n City Council 19 — 32 7/7/2026 PLANNING COMMISSION DRAFT 5.1.3 Common Ownership Interests; Common Areas. This Agreement shall continue in effect for the Term as to common ownership interests, if any, and any owner of the common areas of the Project, to the extent necessary to preserve and implement the provisions of this Agreement. 5.2 Continuing Obligation to Pay the City Share. Notwithstanding the expiration of the Term, the City shall have the right to receive payment for the City Equity Share, and enforce the Affordable Housing Resale Restrictions, the City Promissory Note, and the City Deed of Trust until satisfactory payment of the City Equity Share pursuant to the terms of those agreements. 6. DEFAULT AND TERMINATION; INDEMNIFICATION 6.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty(30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty(30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety(90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. 6.2 Remedies. 6.2.1 Any individual who sells or rents (including subleasing) an Affordable Unit in violation of the provisions of this Agreement shall be required to forfeit to City all monetary amounts so obtained. 6.2.2 City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Agreement, including but not limited to: (a) For legal actions or proceedings against the Developer, actions to revoke, deny or suspend any permits for the construction of any Units in the Project being constructed by Developer, except that such actions may not include the suspension or revocation of any issued permit or license for the construction of any unit or units in the Development that have been constructed and sold or are under construction and under contract for sale; (b) Applicable actions under the Affordable Housing Resale Restrictions, City Promissory Note, or City Deed of Trust executed by a Homebuyer; (c) Actions for injunctive relief, damages, or other monetary relief, and (d) Civil citations or penalties. Page 21 ���nn nnim�ncn�ntn�n City Council 19 — 33 7/7/2026 PLANNING COMMISSION DRAFT 6.3 Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 6.4 Waiver of Speculative, Consequential, or Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, in no event shall the City be liable for speculative, consequential,punitive or other indirect damages, and Developer waives any right to collect speculative, consequential, punitive or other indirect damages against the City. Developer acknowledges the protections of Civil Code Section 1542 relative to this waiver and release, which section reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. BY INITIALING BELOW, DEVELOPER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION. DEVELOPER'S INITIALS 6.5 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any claims, demands, or causes of action arising from or related to Developer's performance of its obligations under this Agreement, including the approval of this Agreement, except to the extent caused by the active negligence or willful misconduct of Indemnitees. 7. ASSIGNMENT; COVENANTS RUN WITH THE LAND 7.1 Assignment by Developer. 7.1.1 Prohibited Transfers or Assignments. Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, except as follows: (a) Permitted Transfers. Following recordation of this Agreement, Developer may make the following transfers ("Permitted Transfers"): Page 22 ���nn nnimncn�ntn�n City Council 19 — 34 7/7/2026 PLANNING COMMISSION DRAFT (i) Landowner may transfer the Property to Warmington Residential pursuant to the representation in Recital B of this Agreement. (ii) Warmington Residential may transfer the Property and Developer's rights under this Agreement to a limited partnership in which Warmington Residential has an ownership interest and is the sole general partner,provided that the transferee shall be subject to this Agreement. For a Permitted Transfer under this sub-paragraph (ii), the Developer shall provide the City with at least ten (10)business days written notice. The City shall not have approval rights, provided that the transfer complies with this Agreement. (iii) Developer may transfer the Unrestricted Units and Affordable Units in compliance with the requirements of this Agreement. (b) With the exception of Permitted Transfers set forth in sub-paragraph (a) of this Section 7.1.1, if Developer seeks to sell, transfer or assign the Property or Project, or any rights and obligations in this Agreement, Developer shall request City's written consent, and City shall respond within thirty (30) days with a written approval or denial, which City may determine in its reasonable discretion. City's failure to respond to the request within thirty (30) days shall be deemed an approval. 7.1.2 Sale or Conveyance of Property. Developer agrees and declares that the Property and the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold, and approved subject to all obligations set forth or incorporated in this Agreement in accordance with the terms of this Section 7.1 hereof, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on Developer and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Developer further understands and agrees that the approvals received for this Project have been made on the condition that Developer and all subsequent owners, or other successors and assigns of the Property and/or Project sell the Affordable Units in accordance with the covenants, conditions and restrictions of this Agreement. Notwithstanding anything to the contrary contained herein, in the event that Developer or any successor in interest elects not to construct the Project, or any portion thereof, this Agreement shall terminate as to and cease to be a burden on or encumbrance against the Property or such portion thereof upon expiration or earlier termination of the entitlements for the Project. 7.1.3 Subsequent Assi_n�. As used in this Agreement, the term"Developer" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement. 7.1.4 Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments. Page 23 ���nn nnim�ncn�ntn�n City Council 19 — 35 7/7/2026 PLANNING COMMISSION DRAFT 7.2 Covenants Run with the Land. The Property shall be used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein in accordance with the terms of this Section 7.1 hereof. The covenants, conditions,restrictions,reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property in accordance with the terms of this Section 7.1 hereof and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties,public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby. Developer hereby further declares its understanding and intent that the agreement provides a public benefit in furtherance of benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City. 7.3 Exemption from City's Inclusionary Housing Ordinance. Provided this Agreement remains in effect and imposes the covenants, conditions, and restrictions herein for the Term, then the Project fulfills the intent of the City's Affordable Housing Opportunity and Creation Ordinance in Santa Ana Municipal Code § 41-1900 et seq. (the "AHOCO"). The exemption from the AHOCO is conditioned on the application and enforceability of this Agreement. 8. MISCELLANEOUS 8.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the density bonus of the Project, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 8.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each party. The City Manager shall have the authority to make approvals,issue interpretations, execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City that further the intent of this Agreement. Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City's review of the request. Each alteration, change, or modification to this Agreement shall be recorded against the Property in the Official Records of Orange County, California. Page 24 "Inn nnim�ncn�ntn�n City Council 19 — 36 7/7/2026 PLANNING COMMISSION DRAFT 8.3 Notices. 8.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent,waiver,appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or(ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or(iv) one (1) day after deposit with a known and reliable next-day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next-day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider;; or (vi) upon transmission thereof (as evidenced by the recipient's reply to such notice or other competent evidence of actual receipt) if transmitted by electronic transmission (email), provided that a copy of such notice is concurrently sent by first-class mail postage prepaid. All notices shall be addressed as follows: If to City: City of Santa Ana Community Development Agency 20 Civic Center Plaza(M-26) P.O. Box 1988 Santa Ana, California 92702 Attention: Housing Manager Email: With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor(M-29) Santa Ana, California 92702 Email: If to Developer: Warmington Residential California, Inc. 3090 Pullman Street Costa Mesa, California 92626 Email: Page 25 ���nn nnim�ncn�ntn�n City Council 19 — 37 7/7/2026 PLANNING COMMISSION DRAFT 8.3.2 Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 8.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 8.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof 8.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 8.7 Singular and Plural. As used herein,the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates. 8.8 Joint and Several Obligations. If at any time during the term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers. 8.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 8.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business. 8.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 8.12 Non-Discrimination. In performing its obligations under this Agreement, Developer shall not discriminate because of race, color, creed, religion, sex, gender, gender identity, gender expression, marital status, sexual orientation, familial status, source of income, veteran or military status, age, national origin, ancestry, disability or genetic information, as Page 26 ���nn nnim�ncn�ntn�n City Council 19 — 38 7/7/2026 PLANNING COMMISSION DRAFT defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other related activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 8.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement. 8.14 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, pandemics as declared by federal, state, or local emergency resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party. If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance. 8.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 8.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and(c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof. 8.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 8.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or to the extent allowed by law, in the federal court district covering the City, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 8.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development,that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in Page 27 "Inn nnim�ncn�ntn�n City Council 19 — 39 7/7/2026 PLANNING COMMISSION DRAFT this Agreement. No partnership,joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property. 8.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and in the satisfaction of the Project and conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or the Project or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements or amendments to this agreement as may be reasonably necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City. 8.21 Estoppel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified(date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. 8.22 No Subordination. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the duration of the Term, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof, unless otherwise approved by City in writing. Developer expressly understands and acknowledges that state law requires preservation of Affordability Covenants in connection with the approval of this density bonus project. 8.23 Mortgagee Protections. Notwithstanding anything to the contrary set forth elsewhere herein, Developer may obtain financing for the development and construction of the Project, which financing may be secured by a lien or charge of a mortgage, deed of trust, or other security interest then of record made in good faith and for value (a"Morten ")without the City's consent; provided, however, that the Mortgage is subject to and subordinate to this Agreement unless otherwise approved by the City in writing, in its sole and absolute discretion. Upon the written request therefore by any holder of a Mortgage (a "Mortgagee"), the City shall provide such Mortgagee copies of any notice of default or demand to perform provided to Developer under Page 28 ���nn nnim�ncn�ntn�n City Council 19 — 40 7/7/2026 PLANNING COMMISSION DRAFT this Agreement substantially concurrently with its delivery to Developer and agrees that such Mortgagee may, but is under no obligation to, cure any such default pursuant to Section 6. In the event a Mortgage exists for which City has received notice from the Mortgagee pursuant to this Section, this Agreement shall not be amended, supplemented, restated or otherwise modified in any manner without the prior written consent of such Mortgagee, which shall not be unreasonably withheld, conditioned, or delayed. The City's rights pursuant to Section 6 shall be superior to, but shall not render invalid, any mortgage or deed of trust recorded against the Property or any portion thereof, including without limitation, any Affordable Unit. Notwithstanding any other provision in this Agreement to the contrary, this Agreement shall not diminish or affect the rights of the California Housing Finance Agency ("Ca1HFA"), HUD, the Federal National Mortgage Association ("FNMA"), or the Veterans Administration ("VA") under any mortgage recorded against the Property in compliance with the Declaration. The City further agrees to execute and deliver to Mortgagee such further and other documents as Mortgagee may reasonably require to effect the purpose and intent of this Section. 8.24 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party. 8.25 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder. {Signatures on following page) Page 29 "Inn nnim�ncn�ntn�n City Council 19 — 41 7/7/2026 PLANNING COMMISSION DRAFT IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: CITY OF SANTA ANA Jennifer Hall Alvaro Nunez City Clerk City Manager [For recording, signature requires notary acknowledgment] APPROVED AS TO FORM: Warmington Residential California,Inc., a California corporation By: Matthew Cody By- Best, Best, & Krieger Its: Special Counsel for the City RECOMMEND FOR APPROVAL: BDC Santa Ana, a California limited liability company Michael Garcia By: Executive Director Its: Community Development Agency [For recording, signature requires notary acknowledgment] Page 30 5 5394.00101\45074647.4 City Council 19 — 42 7/7/2026 PLANNING COMMISSION DRAFT IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: CITY OF SANTA ANA Jennifer Hall Alvaro Nunez City Clerk City Manager [For recording,signature requires notary acknowledgment[ APPROVED AS TO FORM: Warmington Residential California,Inc.,a Californi corporatio , G' By: Matthew Cody By_ `J Oftelie Best, Best, & Krieger Its: Pesident,California Land Development Special Counsel for the City RECOMMEND FOR APPROVAL: BDC Santa Ana, a California limited liability company A�Wyt'd� '1t Michael Garcia By: Executive Director Its: Community Development Agency [For recording,signature requires notary acknoiviedgn:entl Pace 30 Si 394.00101,45074647.4 City Council 19 — 43 7/7/2026 PLANNING COMMISSION DRAFT IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: CITY OF SANTA ANA i Jennifer Hall Alvaro Nunez City Clerk Clity Manager For recording, signature requires notary acknowledgment/ I APPROVED AS TO FORM: j armington Residential California,Inc., a jz alifornia corporation I By: Matthew Cody Best, Best, &Krieger ts: Special Counsel for the City RECOMMEND FOR APPROVAL: 3DC Santa Ana, a California limited iability company „r i � f I !� Michael Garcia y: i Executive Director ts: YY1[in t' Community Development Agency or recording, signature requires notary acknowledgntentj i I Page 30 55394.0010I W5074647.4 City Council 19 — 44 7/7/2026 PLANNING COMMISSION DRAFT EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Real property In the City of Senta Ana. C my of Cwan*e, Rate of Caldomra. -desveed as fiskmw That portvon of Pprcel 1 of Lit lone AdNstuwa No- 2 -01, Jn tf're Oty of Santa Am, Countyr.of Orange. Stye od Calif m.a, rmorded4nil 16. 21W in In uAnwt No. M02-0317826 Official %K[Nds 544 County, dvo"M>d ai 101 = 0eginrin1 at ttke Nortivast carrier of 5jid Parcel 10 Uri Adparneit 2M2-01, 52 corner 31 tx-iN Ow inter m v(to "i"g'M-of-w&V line or Mean Avenue(40 feet+der fdPrnieriyr T albirn Avenue) with ft Sumh"podoNation of Ow wiswxtion centerline of Ram SueK a5 said axtarumn o ne ks ih+diNrCl bang 6-00 feet til raef y of ttm Survey cenkerilne od FCC 9mm pw City ci Synth Ana 1+npWft"rwt PIM for Tr4d 82t10, e a s ld Souk nght'o+'' Y line od'stilton Avenue SWth W"'4;1'21"WWA 305,E (W, 0m!r ce ier4tnr3 Said So+ 0wily+ right-4f•wsy line of,fin Avenue Soul 01"00' 1 r Ebg 40.00 few W a point being VV:f+lo ttnwe-st oRrne,r of 1JUL PamOil of land as deyoribiW in Grant Doed reoordW February 19, 2021 as llnwur ont fac, 2071000118267 of{2ffK*3LI RtKords; CtwKL-wn!linuinq South 01°00' 17" Earl 41lonq the Wegerly of SW Oted 114-44 FM to a pCrnt LhM r5 Uw most NoM�h^corn&of +t lei of dwy6ed in Grar4 Died r=rded APO .15, 2023 al`Irustrument No, Z{]230OW94746 of Otir RoWrft 0b&K9 ring"d Westirdyr Im South 4611 59' ]IT Weg 13.16 Imo; t allIell to wid %I1 erty hne South 0111 t1t7' 17"Z82st 228.73 f ; Oxwjw parallel w I7 K— SquVxwly fine d QLid Deed North 8811 42' 26- 4133 f ; Ihw rr2 $64 parcel tf►71d QXwKe S 560 10' 13" Earl 12.84 f l; t11 parallof tO Sa4 So Uxmiyr fine-th{oO 88P 42`26 East 106.91 feel.; kt nCe kWv1 q SaKJ parcel IWW SDUOk 0 V" 1.3-057 EaSt 7.42 fW; therwA pbrallail to sadd SoiAt erlyr Itne Noil'h 884 42' 26' t 31.133 IW; a wa"said gall Lim Smtn 010 T 34" Eag 4.00 f Ownce par&W to sa4 SwUxmly Me- f110 M. " 42'ZV E4Wt 41,00 l UVM Ida said paradke kne NORA 370 54' OF 27,03 (OM t4 a polrr#on U*SWt IV line CO said pande!dagWted in Sw Deed UXO;e Noffth W 42'2W fag 28.95 fmt to a point on tthe Eaaberdyr line of SM PIs 1, %wd Point being tv b i ning of a nom4arVem1 oirvecondom Marty and havog a radkd of 1000.00 feiK a Fadial lirre to Sbid Point be 750 15' 46"EAFt, Ctxpm along sW curve a dk�or 2+47.T9 t tangent from said curve Nocth 01°M' 26'Wev :10.40 FeK to the Porn[0 BeqirWMQ. E1099UN Phan&rQn ttkat pWtron of PdKtr I Jrng NOVIedly and EB+te'riy oI the WOMrig deed Yr ' t omn-K-ring at the Noi-U)em axrw of Parcel t, therm a"the EWARdy lane the OOP Sfirlllh I]1 W 26' EM 53-97 feet to tt*True PcAnt or i nnM; Cfmm Smtfh ' 59' .34" West 32.00 feat; theme math sr w 2r west 21G'91 fact; ttratce amth w 444' 21"VYW 256.72 feel; Lhenm North 01*W 17" Wei 40.00 feet to tt Itrlt d t The above d demilption rs puma[ to the Not-ce of Mesge°r Fecwded SepterrAw It, 20241 as Inraruffwnt No. 2'0 40DO235WJ of WWI R,ect ds- (CONTINUED ON NEXT PAGE) Page 31 Exhibit A Legal Description of the Property cc�nn nnimncmntn�n City Council 19 — 45 7/7/2026 PLANNING COMMISSION DRAFT Excep'Unq ther frees me rlght to grant,and xransFar all or a pcftQn of thL,same, any and all undmgfo►nd i3t{:R, waW foghts, pll, qll r hlir rrrrreraLf. mkrwrrr l nqhkgr r U dR igas. n4M1 r 1i f r191% ,Ono Omer h'r`dnX&t*M tky wria '►" rkarript-knoomon and all d�hts ran, �toLherrn.Nl sL and-aIF proijkjO* do-rivt`d f 4kAy bF 04!For sing, M rroy be within br ur4&tho prbpftly, to its wllh Lh&p&p&W1 right tO drokki r pumprrx, mInIN, ecvwting, exp+)nirx1 ad operatIN thinrtlor bid sU ttng in and remyI g Ilse same from Lhhe propo"y air any oner propnty, irriu dim tte dgta to w>hlpstLxk or dlr tliom*climlr, oumR and m from prucerty otfvT than the prop, wativ,ail or gm lis, buw s and " s Ww4 thmugh or aum ttie subsurface of ft peoperLy, and Lo balSom such vMkvp=6ed co -dimly dnIled wells, tur,ndi and shafts under and bb*bth or beyond the eMCnw IImI13 thereof, and to r retWnel, eWkPr M41nt nr row dFr dnwn ,and op&We any %xh welk tunn or !shiit.%; pr€aided, L!tmre rer, that In rw4 evew dmigrantDr ar Granter's sucrussarsear asggm hAwe rhm right to drill, pump, rump or excavate l irawo the surf"or the upper 200 fast rf the subsuHace CK tht! property. PrWAed, however, that grantor shall hm m right to enter upW surfabt oaf the property, to dbpnvo the prc rty of structur-Al 5uppOrt or btherwM in+t&f In any war with grar'rte-di dfr(!lbprMvrtt construction Or bp!�ratiOn Of thy►proms for grantee's irltandm a&e hereof. APht_ 412-541,06-and Al2=541.1,0 Page 32 Exhibit A Legal Description of the Property <'nn Qn1Q144n7n4n7 n City Council 19 — 46 7/7/2026 PLANNING COMMISSION DRAFT EXHIBIT B FORM OF AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY SHARING, AND REGULATORY AGREEMENT RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702 Attn: City Clerk Free Recording pursuant to Government Code 6103&27383 AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY SHARING AND REGULATORY AGREEMENT WITH DECLARATION OF RESTRICTIVE COVENANTS (Address; APN [SPECIFY MODERATE OR VERY LOW INCOME HOUSEHOLD]) This AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY SHARING AND REGULATORY AGREEMENT ("Affordable Housing Resale Restrictions" or "Agreement") is made as of , by ("Homebuyer") in favor of the CITY OF SANTA ANA, a municipal corporation ("City"). RECITALS A. Homebuyer has purchased a single family house located at , Santa Ana, California, , as such real property is more particularly described in "Exhibit 1" attached hereto and incorporated herein ("Property"). B. In connection with Homebuyer purchasing the Property, Homebuyer acknowledged and received disclosures that the purchase was subject to a Density Bonus Housing Agreement with Declaration of Covenants, Conditions and Restrictions ("Density Bonus Agreement'), dated on or about , 2026, between the developer of the Property, ("Developer"). The Density Bonus Agreement required the Property to be sold to a Very Low or Moderate Income Household, subject to the provisions of this Affordable Housing Resale Restrictions, pursuant to which Developer imposed covenants upon the Property to be sold to Eligible Homebuyers at an Affordable Sales Price. Homebuyer hereby acknowledges and agrees that this Affordable Housing Resale Restrictions is intended to implement the requirements of the Density Bonus Agreement, and that the purchase, use and occupancy of the Property is subject to the conditions, covenants and restrictions contained herein. Capitalized Page 33 Exhibit B ���nn nnimncn�ntn�n City Council 19 — 47 7/7/2026 PLANNING COMMISSION DRAFT terms used herein and not otherwise defined shall have the same meaning as set forth in the Density Bonus Agreement. C. Homebuyer desires and intends to restrict the Property and the improvements thereon in accordance with this Affordable Housing Resale Restrictions. Homebuyer agrees and acknowledges that this Affordable Housing Resale Restrictions is intended to implement and further the intent of the Density Bonus Agreement, entered into between City and Developer of the Property,which was recorded against the Affordable Unit to impose the conditions, covenants, and restrictions as set forth herein. This Affordable Housing Resale Restrictions shall be construed in accordance with the Density Bonus Agreement. D. Homebuyer is a Moderate Income Household [or Very Low Income Household], as that term is defined in this Agreement. E. Homebuyer has represented to City that Homebuyer and Homcbuycr's household intend to reside in the Property as Homebuyer's principal residence at all times during Homebuyer's ownership of the Property. NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: 1. DEFINITIONS "Affordability Term" means that period of time commencing upon the Date of this Agreement and terminating on the date that is fifty-five (55) years from the date a Certificate of Occupancy was issued for the Property. The Certificate of Occupancy for the Property was issued on: ADD DATE. "Affordable Housing Cost" means the total Housing Costs paid by Homebuyers purchasing the Property, which shall not exceed the limits for a [Very Low Household] [Moderate Income Household] in accordance with California Health and Safety Code Section 50052.5, and implementing regulations of Sections 6920, 6924 and 6930 of Title 25 of the California Code of Regulations for Very Low and Moderate Income Households. [The Affordable Housing Cost for Moderate Income Households shall not exceed thirty-five percent (35%) times one hundred ten percent (110%) of the Orange County Median Income Adjusted for Family Size Appropriate for the Unit. For Moderate Income Households whose gross income exceeds 110% of Median Income, the Affordable Housing Cost shall not exceed thirty five percent (35%) of Gross Household Income.] [The Affordable Housing Cost for Very Low Income Households shall not exceed thirty percent (30%) times fifty percent (50%) of the Orange County Median Income Adjusted for Family Size Appropriate for the Unit]. "Affordable Sales Price"means a purchase price required under a written purchase sale agreement that does not exceed the sum of the Supportable Mortgage plus the Benchmark Down Payment. Affordable Unit" or"Property"means the individual dwelling unit restricted by this Agreement Page 34 Exhibit B ���nn nnim�ncn�ntn�n City Council 19 — 48 7/7/2026 PLANNING COMMISSION DRAFT "City"means the City of Santa Ana, California, a California municipal corporation, and the City's successors and assigns. "City Deed of Trust"means the City Deed of Trust, securing this Affordable Housing Resale Restrictions and the City Promissory Note, and dated on or about the same date hereof. "City Equity Share"means the amount that Homebuyers agree to pay to the City in accordance with the City Promissory Note. "City Promissory Note"means the City Promissory Note, evidencing Homebuyer's agreement to pay the City Equity Share and dated on or about the same date hereof. "County"means the County of Orange, California. "Date of this Agreement"means the date in the first paragraph of this Agreement. "Default"means the failure of a party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and opportunity to cure. The term default also includes an Ownership Default and a Maintenance Default as more fully defined and described herein. Notwithstanding the foregoing for purposes of acceleration of the City Promissory Note, or initiation of foreclosure proceedings there shall be a distinction between the types of default hereunder, including an "Ownership Default" and a "Maintenance Default." The term"Ownership Default"means the failure of Homebuyer to perform any action or covenant required by the Affordable Housing Resale Restriction related to ownership, owner-occupancy, lien priority, and restrictions on sale and resale of the Property subject to the notice and opportunity to cure provisions set forth herein. A default of any obligation secured by the First Lien shall be a cross-default and also constitute an Ownership Default. The term"Maintenance Default"means the failure of Homebuyer to perform any action or covenant required by this Agreement relating to a "Maintenance Deficiency," including the ongoing upkeep, maintenance, and use of the Property in decent, safe, sanitary, clean, and neighborly manner, subject to the notice and opportunity to cure provisions set forth herein (and expressly excluding an Ownership Default). "Developer"means [Insert name of developer entity]. "Eligible Household"means a Household whose income does not exceed the qualifying limits for a [Moderate Income Household] [Very Low Income Household], as defined herein. "First Lien"means the lien of the institution making the purchase money mortgage loan to Homebuyer for the purchase of the Property. "Homebuyer" means the person or persons set forth in the first paragraph of this Agreement, and their successors and assigns. "Housing Cost"means and includes all of the following costs associated with ownership of an Affordable Unit as defined in Title 25 of the California Code of Regulations Section 6920, and Santa Ana Municipal Code, including: (a) Principal and interest on a mortgage loan at the defined interest rate; Page 35 Exhibit B "Inn nnim�ncn�ntn�n City Council 19 — 49 7/7/2026 PLANNING COMMISSION DRAFT (b) Property tax and assessments; (c) Fire and casualty insurance covering replacement value of property improvements; (d) Property maintenance and repairs; (e) A reasonable utility allowance,as determined by the Orange County Housing Authority; and (f) Homeowner Association assessments and dues. "Legal Description"means the legal description of the Property which is attached hereto as Exhibit A and incorporated herein. "Median Income"means the area median income for Orange County PMSA, Adjusted for Family Size Appropriate to the unit pursuant to California Health and Safety Code § 50052.5(h), as periodically published by the California Department of Housing and Community Development. ["Moderate Income" and "Moderate Income Households" means moderate income households as defined in Health & Safety Code Section 50079.5, with Gross Income for the Household that does not exceed one hundred twenty percent(120%) AML] "Notice of Intent to Transfer"means a written notice from Homebuyer to the City that provides notice of an intent to Transfer the Property and all information required by this Agreement in connection with the proposed Transfer. "Permitted Transfer"means any Transfer which is permitted under this Agreement with the written consent of the City. "Prohibited Transfer" means any Transfer which is disapproved by the City or violates this Agreement. "Property"means that certain real property located at the street address set forth in Recital A and legally described in the Legal Description. "Purchase Agreement"means that certain agreement pursuant to which Homebuyer has agreed to purchase the Property from the Developer. "Request for Notice"means the Request for Notice of Default attached hereto as Exhibit I and incorporated herein. "Sales Price"means the sum to be paid by a Transferee for the Transfer of the Property. "Transfer" shall mean any sale, assignment, conveyance, lease or transfer, voluntary or involuntary, of any interest in the Property. Without limiting the generality of the foregoing, Transfer shall include (i) a transfer by devise, inheritance or intestacy; (ii) creation of a life estate; Page 36 Exhibit B ���nn nnim�ncn�ntn�n City Council 19 — 50 7/7/2026 PLANNING COMMISSION DRAFT (iii) creation of a joint tenancy interest; (iv) a gift of all or any portion of the Property; or (v) any voluntary conveyance of the Property. "Transferee"shall mean any natural person or entity who obtains ownership or possessory rights in the Property pursuant to a Transfer. ["Very low Income" and "Very Low Income Households" means very low income households as defined in Health & Safety Code Section 50079.5, with Gross Income for the Household that does not exceed fifty percent (50%) AMI.] 2. HOMEBUYER'S REPRESENTATIONS AND WARRANTIES AS TO THE SALE OF THE PROPERTY TO HOMEBUYER. 2.1 Homebuyer represents and warrants to City that the financial and other information which Homebuyer has provided to City with respect to Homebuyer's income and the purchase price of the Property was true and correct at the time such information was provided, and remains true and correct as of the Date of this Agreement. 2.2 Homebuyer agrees to occupy the Property as Homebuyer's primary residence. 3. COVENANTS OF HOMEBUYER AND RESTRICTIONS ON SALE OF PROPERTY. 3.1 Homebuyer covenants and agrees that during the Affordability Term, any resale of the Property shall be to an Eligible Household for an amount that does not exceed an Affordable Sales Price, in accordance with the Density Bonus Agreement. 3.2 Prior to any Transfer of the Affordable Unit, Homebuyer shall provide the City with a Notice of Intent to Transfer, in a form approved by the City, and the City shall have the right to approve or disapprove of any Transfer,which approval shall not be unreasonably withheld. 3.3 Permitted Transfers. Prior to any Transfer of the Property, Homebuyer shall obtain City's written consent pursuant to the requirements of Section 4 and 5, below, and subject to the following: (a) During the Affordability Term, the Homebuyer may Transfer the Property to an Eligible Household for an Affordable Sales Price. (b) Upon expiration of the Affordability Term,Homebuyer may sell the Property without the affordability restrictions of this Agreement, subject to the satisfaction of the City Promissory Note and City Deed of Trust. 3.4 Prohibited Transfers. Any Transfer of the Property without the City's written consent or in violation of this Agreement is a Prohibited Transfer. 3.5 Covenants Run With the Land. The Property shall be used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Homebuyer and all persons Page 37 Exhibit B "Inn nnimncn�ntn�n City Council 19 — 51 7/7/2026 PLANNING COMMISSION DRAFT having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Homeowner hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that Homeowner's interest in the Property is rendered less valuable thereby. Homeowner hereby further declares its understanding and intent that this Agreement provides a public benefit in furtherance of benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City. Homebuyer acknowledges and agrees that the requirements of this Agreement were imposed through the Density Bonus Agreement, as a condition for issuance of a building permit for Developer to construct the Property and improvements thereon. 4. HOMEBUYER PROCEEDS FROM SALE OF PROPERTY. 4.1 This Agreement implements the provisions of the Density Bonus Agreement for disbursement of funds from a sale of the Property, as further set forth below. 4.2 Permitted Transfers During the Affordability Term. During the Affordability Term, a Homebuyer retains the proceeds from a Permitted Transfer after payment of the First Lien, and reasonable closing costs and broker fees. The City Deed of Trust shall remain a lien on the Property, or the Transferee shall executed a new Affordable Housing Resale Restrictions, City Promissory Note, and City Deed of Trust. 4.3 Transfers Upon Expiration of the Affordability Term. Upon expiration of the Affordability Term, the City Equity Share shall become due and payable upon a Transfer, and the proceeds from a sale shall be used for payment of the City Equity Share in satisfaction of the City Promissory Note. 4.4 Prohibited Transfers. Homebuyer agrees and acknowledges that a Prohibited Transfer is a default of this Agreement and, in the event of such a default,the City shall be entitled to the greater of: (a) all amounts paid for the Property in excess of the Affordable Sales Price shall be forfeited to the City, or (b) the City Equity Share. 4.5 Equity Sharing Agreement. 4.5.1 Following the expiration of the Affordability Term, Homebuyer agrees to pay to the City the City Equity Share, as follows: 4.5.2 The City Equity Share shall be paid out of proceeds from a Transfer of the Property after the Affordability Term. Page 38 Exhibit B "IQ4 Q0JQJW9Q;4W;n City Council 19 — 52 7/7/2026 PLANNING COMMISSION DRAFT 4.5.3 The City Equity Share includes the following: (a) An amount equal to the difference between the fair market value of the Affordable Unit at the time of the initial purchase and the Affordable Sales Price (the "Initial Subsidy"). (b) An amount equal to the product of (1) the appreciation of the Affordable Unit, as measured by the increase in the fair market value of the Affordable Unit at the time of the sale to the Homebuyer and the resale of the Affordable Unit, and (2) the percentage that the initial subsidy represented of the fair market value of the Affordable Unit when it was purchased by the Homebuyer(the "Proportionate Share of Appreciation"). 4.6 The City Equity Share shall only be subordinate to a First Lien, as approved by the City at the time of the initial sale (or subsequent approval in the event of a refinance or resale during the Affordability Term), and amounts owed to Homebuyer for the value of improvements to the Property and the down payment paid by Homebuyer. 4.7 For purposes of determining the City Equity Share, at the time of the initial sale of the Property, and each re-sale during the Affordability Term, the fair market value shall be detennined as follows: 4.7.1 For the initial sale, Developer may propose to the City a fair market value based on a price per square foot that is based on comparable sales of other units within the Project. 4.7.2 Except as approved in writing by the City,prior to the sale of an Affordable Unit, a qualified appraiser shall conduct an appraisal of the Affordable Unit to determine fair market value without the restrictions of this Agreement. If the Developer or a prospective Homebuyer disputes the appraised value,then that party may pay for the costs of a second appraisal and, if there is still disagreement, the average of the two appraisals shall be used to determine the fair market value. 4.7.3 The fair market value of the Affordable Unit, as determined in accordance with the above, shall be provided to the City for approval or disapproval, which City shall provide within thirty (30) days of receipt of the proposed fair market value. If City does not provide a written response within such time period, then the proposed fair market value shall be deemed approved by the City. 5. PROCESS FOR TRANSFER OF THE PROPERTY. In the event that Homebuyer desires to Transfer the Property, the following procedure shall apply: 5.1 Notice to City. Prior to any Transfer, Homebuyer shall send a completed Notice of Intent to Transfer to City at the address set forth in Section 22. The Notice of Intent to Transfer shall include: (a)the identity of the proposed Transferee and contact information,including current address and phone number, (b) the proposed terms of the Transfer, (c) whether the Property is being sold to a purchaser that qualifies as an Eligible Household and supporting documentation, and (d) if during the Affordability Term, the proposed Affordable Sales Price and the resulting Monthly Housing Costs. If the proposed Transfer is upon expiration of the Affordability Term, Page 39 Exhibit B "Inn nnimncn�ntn�n City Council 19 — 53 7/7/2026 PLANNING COMMISSION DRAFT then the Notice of Intent to Transfer shall include the proposed sales price and a good faith estimate of the proceeds from the sale of the Property. The City may request additional information as reasonably necessary to evaluate the requested Transfer. 5.2 Qualification of Proposed Transferee. For a transfer during the Affordability Term, the proposed Transferee shall complete an Income Verification Form, in a form approved by the City,which shall include,without limitation,a certification as to the income and family size of the proposed Transferee. 5.3 Certificates from Parties. In the event the City approves the proposed Transfer, Homebuyer and proposed Transferee each shall certify in writing, in a form acceptable to City, that the Transfer shall be closed in accordance with the terms of the sales contract and other documents submitted to and approved by City and that all consideration delivered by the proposed Transferee to owner has been fully disclosed to City. The written certificate shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements arc made in any documents or certificate submitted to City for its approval of the Transfer, City shall have the right to file an action at law or in equity to make the parties tenninate and/or rescind the sales contract and/or declare the sale void notwithstanding the fact that the Transfer may have closed and become final as between Homebuyer and Transferee. 5.4 Requirements for Permitted Transfers. For a Permitted Transfer during the Affordability Term, the City will require: (1) an assignment and assumption agreement that is reasonably acceptable to City, or(2)the proposed Transferee execute a new City Promissory Note, City Deed of Trust, and Affordable Housing Resale Restrictions. Upon expiration of the Affordability Term, the City will require a closing statement setting forth the proceeds from a proposed sale, and shall have at least thirty(30) days to review and approve the sales documents. 5.5 Written Approval of City Required Before Transfer. The purchase sale agreement or other contract for Transfer of the Property, and the Income Verification Form, shall be provided to the City, which shall have at least thirty(30) days to review. The Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of City, which consent shall be given only if the Transfer is in accordance with the provisions of this Agreement. 5.6 Notice of Prohibited Transfer. Within thirty (30) days after receiving all information required by this Section 5, the City shall determine and give notice to Homebuyer as to whether the City consents to the Transfer as a Permitted Transfer, or if the City determines the proposed Transfer is a Prohibited Transfer.Any attempt to Transfer the Property without the City's written approval, or after the City has given notice of a Prohibited Transfer, shall be a Default of this Agreement, and the City may apply to a court of competent jurisdiction for specific performance of this Agreement, for an injunction prohibiting a proposed sale or Transfer in violation of this Agreement, for a declaration that the Prohibited Transfer is void, or for any such other relief as may be appropriate. 5.7 Delivery of Documents. Upon the close of the proposed Transfer,Homebuyer and Transferee, as applicable, shall provide the City with a copy of the final sales contract, settlement statement, escrow instructions, all certificates required by this Section 5 and any other documents Page 40 Exhibit B ���nn nnim�ncn�ntn�n City Council 19 — 54 7/7/2026 PLANNING COMMISSION DRAFT City may request. Homebuyer and Transferee may direct an escrow company to provide these documents to the City. 6. ENCUMBRANCES. 6.1 Subordination. Except as provided otherwise herein, the provisions of this Agreement, the Notice of Affordability Restrictions and the City Deed of Trust, the obligations herein and therein, shall be subordinate only to the First Lien on the Property and, if applicable, other loan(s) as approved by the City, including lien instruments that secure other Homebuyer purchase money and/or down payment assistance, including without limitation City, State of California, or federal affordable housing programs, which liens shall not impair the rights under the First Lien in the event of default under the First Lien by Homebuyer. Such remedies under the First Lien include the right of foreclosure or acceptance of a deed or assignment in lieu of foreclosure. 6.2 Request for Notice of Default. City may cause a Request for Notice to be recorded on the Property subsequent to the recordation of the First Lien deed of trust or mortgage requesting a statutory notice of default as set forth in California Civil Code Section 2924b. A form of a Request for Notice is attached hereto as Exhibit I and incorporated herein. 6.3 Further Encumbrances. Homebuyer agrees that it shall not record or cause the recordation of any deed of trust ("Further Encumbrance") securing a note having an original principal sum which, when added to the sum of the principal amount(s) of any notes secured by any deeds of trust against the Property as of the date of recordation of the Further Encumbrance, exceeds one hundred percent (100%) of the fair market value of the Property. 7. USES. Homebuyer covenants and agrees to devote, use and maintain the Property in accordance with this Agreement. All uses conducted on the Property, including, without limitation, all activities undertaken by Homebuyer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code,and the recorded documents pertaining to and running with the Property. 8. NONDISCRIMINATION COVENANTS. Homebuyer covenants by and for itself,its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or(d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. All deeds, leases or contracts relating to the Property, or any part thereof, shall contain or be subject to substantially the following non-discrimination or non-segregation clauses: Page 41 Exhibit B "Inn nnim�ncn�ntn�n City Council 19 — 55 7/7/2026 PLANNING COMMISSION DRAFT "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators,and assigns, and all persons claiming under or through them,that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." The covenants established in this Section 8 shall, without regard to technical classification and designation,be binding for the benefit and in favor of City and its successors and assigns, and shall remain in effect in perpetuity. 9. MAINTENANCE OF PROPERTY. Homebuyer shall maintain the improvements and landscaping on the Property in a manner consistent with community standards which will uphold the value of the Property, in accordance with the Santa Ana Municipal Code. Homebuyer also agrees to comply with all applicable federal, state and local laws. 9.1 Exterior Maintenance. Except as to be maintained by the Homeowners Association, as applicable, all exterior, painted surfaces of any structures located on the Property shall be maintained at all times in a clean and good condition. Any defacing marks shall be cleaned or removed within a reasonable period of time. 9.2 Front and Side Exteriors. Except as to be maintained by the Homeowners Association, as applicable, Homebuyer shall at all times maintain the front exterior, any visible side exteriors, and yards, if any, in a clean, safe and presentable manner. 9.3 Graffiti Removal. All graffiti and defacement of any type, including but not limited to marks, words and pictures, shall be promptly removed from the Property within two (2) days of the time they were made and any necessary painting or repair completed in a timely and expeditious manner after notice thereof, whichever is less. 9.4 No Nuisance. Homebuyer shall not maintain, cause to be maintained, or allow to be maintained on or about the Property any public or private nuisance, including without limitation, the conduct of criminal activities set forth in the nuisance abatement provisions of the Uniform Controlled Substances Act (Health & Safety Code Sections 11570, et seq.) or the Street Terrorism Enforcement and Prevention Act(Penal Code Sections 186.22 et seq.), or any successor statute or law. 10. OCCUPANCY STANDARDS. Page 42 Exhibit B "Inn nnim�ncn�ntn�n City Council 19 — 56 7/7/2026 PLANNING COMMISSION DRAFT The Property shall be used as the principal personal residence of Homebuyer and Homebuyer's immediate family/household and for no other purpose. Homebuyer shall not enter into an agreement for the rental or lease of all or any part of the Property. Homebuyer shall not rent out a room or rooms at the Property. Homebuyer may request a temporary waiver of the foregoing requirement in the event of extreme hardship requiring Homebuyer to move to another geographical area or to less expensive housing, including, for example and without limitation, transfer of job location, loss of job, or unexpected major expenses. City may approve or disapprove such request in its sole discretion, and may require as a condition of approval that Homebuyer only rent the Property to Eligible Households at an affordable rent (as defined in Section 50052.5 and 50053 of the California Health & Safety Code.) Subject to applicable state or federal law, the standard occupancy for the Property shall be consistent with the Regulatory Agreement. Homebuyer shall, upon demand by City, submit to City an affidavit of occupancy verifying Homebuyer's compliance with this Section 10. Such affidavit may be required by City on an annual basis. 11. EFFECT OF VIOLATION OF THE TERMS AND PROVISIONS OF THIS AGREEMENT. 11.1 In General. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City, its successors and assigns, as to those covenants which are for its benefit. The covenants contained in this Agreement shall remain in effect for the periods of time specified herein. The covenants against discrimination shall remain in effect in perpetuity. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. City shall have the right, if the Restriction or covenants are breached,to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. 11.2 Acceleration. The City shall be entitled to accelerate payments due under the City Promissory Note, and the amount required thereunder shall become due and immediately payable to City by Homebuyer upon the occurrence of any one of the following events of acceleration: 11.2.1 During the Affordability Term, Homebuyer Transfers the Property for a price in excess of an Affordable Sales Price or to a Transferee who does not qualify as an Eligible Household; 11.2.2 Homebuyer makes a Prohibited Transfer of title to or any interest in the Property without City's consent or in violation of this Agreement; 11.2.3 Homebuyer refinances any lien or encumbrance to which City Deed of Trust is subordinate (each such lien, a "First Lien") for a loan amount in excess of the then current loan balance secured by such lien or encumbrance and loan closing costs; Page 43 Exhibit B "Inn nnim�ncn�ntn�n City Council 19 — 57 7/7/2026 PLANNING COMMISSION DRAFT 11.2.4 Homebuyer fails to occupy the Property as Homebuyer's principal residence or is in Default of any other obligation under the Affordable Housing Resale Restrictions; 11.2.5 Homebuyer has an Ownership Default violating any affordable housing terms or provisions of this Agreement. 12. COMPLIANCE WITH LAWS, GOVERNING LAW. Homebuyer hereby agrees to comply with all applicable ordinances, rules, and regulations of City. Nothing herein is intended to be, nor shall it be deemed to be, a waiver of any City ordinance, rule, or regulation. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this declaration must be instituted in the Superior Court of the County of Orange, State of California,or in the Federal District Court in the Central District. 13. INDEMNIFICATION. Homebuyer shall pay for, defend, indemnify and hold harmless City and the City and their respective officers, officials, agents, employees, representatives, and volunteers from and against any loss, liability, claim, or judgment relating in any manner to Homebuyer's use of the Property or Homebuyer's violation of this Agreement. Homebuyer shall remain fully obligated for the payment of taxes, liens and assessments related to the Property. There shall be no reduction in taxes for Homebuyer, nor any transfer of responsibility to City to make such payments, by virtue of this Agreement. 14. INSURANCE. Homebuyer shall maintain, during the term of this Agreement, an all-risk property insurance policy insuring the Property in an amount equal to the full replacement value of the structures on the Property. The policy shall contain a statement of obligation on behalf of the carrier to notify the City of any material change, cancellation or termination of coverage at least thirty (30) days in advance of the effective date of such material change, cancellation or termination. Homebuyer shall transmit a copy of the certificate of insurance to City within thirty (30) days of the effective Date of this Agreement, and Homebuyer shall annually transmit to City a copy of the certificate of insurance, signed by an authorized agent of the insurance carrier setting forth the general provisions of coverage. The copy of the certificate of insurance shall be transmitted to City at the address set forth in Section 22 hereof. The form, content and issuer of any certificate of insurance approved by City. 15. DEFAULTS. Failure or delay by either party to perform any term or provision of this Agreement which is not cured within thirty(30) days after receipt of notice from the other party constitutes a default under this Agreement; provided, however, that if such default is of the nature requiring more than thirty(30) days to cure, the defaulting party shall avoid default hereunder by commencing to cure within such thirty(30)day period, and thereafter diligently pursuing such cure to completion. The party who so fails or delays must immediately commence to cure, correct or remedy such failure Page 44 Exhibit B ���nn nnim�ncn�ntn�n City Council 19 — 58 7/7/2026 PLANNING COMMISSION DRAFT or delay, and shall complete such cure, correction or remedy with diligence. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Except as required to protect against further damages,the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. 16. NON-WAIVER. Failure to exercise any right City may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default. 17. FURTHER ASSURANCES. Homebuyer shall execute any further documents consistent with the terms of this Agreement,including documents in recordable form,as City shall from time to time find necessary or appropriate to effectuate its purposes in entering into this Agreement. 18. GOVERNING LAW. Homebuyer hereby agrees to comply with all ordinances, rules and regulations of City . Nothing in this Agreement is intended to be, nor shall it be deemed to be, a waiver of any City ordinance, rule or regulation. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court where the City is located. 19. AMENDMENT OF RESTRICTION. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by Homebuyer and City. 20. CITY MAY ASSIGN. City may, at its option, assign its rights hereunder without obtaining the consent of Homebuyer. 21. HOMEBUYER ASSIGNMENT PROHIBITED. In no event shall Homebuyer assign or transfer any portion of this Agreement without the prior express written consent of City, which consent shall be given by City only in the event that City determines that the assignee or transferee is an Eligible Household, that the assignee's or transferee's monthly housing payments are at an Affordable Housing Cost, and that the assignee or transferee has expressly assumed this Agreement by execution of a written assignment document to be provided by City and recorded against the Property, or execution of new instruments by the transferee. This section shall not affect or diminish City's right to assign all or any portion of its rights hereunder. Page 45 Exhibit B "Inn nnimncn�ntn�n City Council 19 — 59 7/7/2026 PLANNING COMMISSION DRAFT 22. NOTICES. Any notices, requests or approvals given under this Agreement from one party to another may be personally delivered or deposited with the United States Postal Service for mailing,postage prepaid, registered or certified mail,return receipt requested to the following address: To Homebuyer: At the property address. To City: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Attn: City Clerk Either party may change its address for notice by giving written notice thereof to the other party. 23. ATTORNEYS' FEES AND COSTS. In the event that any action is instituted to enforce payment or performance under this Agreement, the parties agree the non-prevailing party shall be responsible for and shall pay all costs and all attorneys' fees incurred by such prevailing party in enforcing this Agreement. 24. ENTIRE AGREEMENT. This Agreement, together with the City Promissory Note and City Deed of Trust, and all attachments thereto and hereto, constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all prior negotiations, discussions and previous agreements between the City and Homebuyer concerning all or any part of the subject matter of this Agreement. [Signature block begins on follow page.] Page 46 Exhibit B �"'nn nnimncn�ntn�n City Council 19 — 60 7/7/2026 PLANNING COMMISSION DRAFT IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. HOMEBUYER: By: By: CITY: ATTEST: CITY OF SANTA ANA By: By: City Clerk City Manager Dated: Dated: Page 47 Exhibit B ���nn nnimncn�ntn�n City Council 19 — 61 7/7/2026 PLANNING COMMISSION DRAFT EXHIBIT 1 OF THE AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY SHARING, AND REGULATORY AGREEMENT LEGAL DESCRIPTION Page 48 Exhibit 1 of the Affordable Housing Resale Restrictions, et al. �"'nn nnimncnntn n City Council 19 — 62 7/7/2026 PLANNING COMMISSION DRAFT EXHIBIT C FORM OF CITY PROMISSORY NOTE City Equity Share [DATE] Santa Ana, CA 1. FUNDAMENTAL PROVISIONS. The following terms will be used as defined terms in this City Promissory Note (as it may be amended, modified, extended and renewed from time to time, this "Note"): Lender/Payee: City of Santa Ana, a California municipal corporation. Borrower/Maker. [HOMEBUYER] Principal Amount: City Equity Share, as defined in the Affordable Housing Resale Restrictions Interest Rate: None. Default Interest Rate: Eight percent per annum. Maturity Date: The date of a Transfer of the Property after expiration of the Affordability Term. Business Day: Any day of the year other than Saturdays, Sundays and legal holidays on which City's main office is closed. Property: [ADDRESS] Deed of Trust: The City Deed of Trust executed by Borrower, as "Trustor", for the benefit of City, as "Beneficiary," concurrently with this Note, and recorded against the Property. Affordable Housing Resale Restrictions: The Affordable Housing Resale Restrictions, Equity Sharing and Regulatory Agreement, dated on or about [DATE],. Loan: The agreement by Borrower to pay the Principal Amount to City, in accordance with the Affordable Housing Resale Restrictions and this Note. City Documents: This Note, the Affordable Housing Resale Restrictions, the City Deed of Trust Page 49 Exhibit C "IQ4 Q0JQJW9Q;4W;n City Council 19 — 63 7/7/2026 PLANNING COMMISSION DRAFT 2. PROMISE TO PAY. For value received, Borrower promises to pay to the City, at its office at 20 Civic Center Plaza(M-30), Santa Ana, CA 92702, or at such other place as the Lender hereof may from time to time designate in writing, the Principal Amount together with interest thereon, and all other sums due under and secured by the Deed of Trust. 3. SECURITY. This Note is secured by the City Deed of Trust. The holder of this Note will be entitled to the benefits of the security provided by the City Deed of Trust and will have the right to enforce the covenants and agreements of Maker contained therein and in the Affordable Housing Resale Restrictions 4. PAYMENTS. The City Equity Share is due upon a Transfer of the Property after expiration of the Affordability Term, or upon an event of Default as provided for herein or the Affordable Housing Resale Restrictions. Failure to declare such amounts due in any instance shall not constitute a waiver on the part of the City to declare them due in the future. Maker will pay to City all sums owing under this Note without deduction, offset, or counterclaim of any kind. 5. DEFAULT RATE OF INTEREST. If City Equity Share payable to City pursuant to the Affordable Housing Resale Restrictions and this Note are not paid to City within ten(10) days of the due date thereof, then interest shall accrue on such sum at a rate equal to the lesser of eight percent (8%) interest per annum, compounded annually, or the maximum rate permitted by law. 6. PREPAYMENT. This Note may not be prepaid in whole or in part. 7. TRANSFER. Maker shall not transfer, lease, sell, assign,refinance, encumber, convey or otherwise Transfer any interest in the Property without complying with all requirements of the Affordable Housing Resale Restrictions. Maker's failure to comply with the requirements of this paragraph shall be a Default under this Note. 8. DEFAULT. The occurrence of any one or more of the following shall constitute an event of default ("Default") hereunder. 8.1 The occurrence of a breach of any of Maker's covenants, warranties, or representations under this Note, the City Deed of Trust, or the Affordable Housing Resale Restrictions, including without limitation, any unauthorized refinancing, sale, conveyance, lease, assignment, encumbrance, or other Transfer of the Property, Maker's failure to occupy the Property as Maker's principal residence, any failure to pay amounts payable pursuant to this Note, and Maker's failure to maintain insurance on the Property as required pursuant to the City Deed of Trust. 8.2 The entry of an order for relief under federal bankruptcy laws as to Maker or the adjudication of Maker as insolvent or bankrupt pursuant to the provisions of any state or federal Page 50 Exhibit C "IQ4 Q0JQJW9Q;4W;n City Council 19 — 64 7/7/2026 PLANNING COMMISSION DRAFT insolvency or bankruptcy act, or Maker's consent to, acquiescence in, or attempt to secure the appointment of, any receiver for all or any substantial part of the Property. 8.3 The occurrence of an event of default under any loan secured by the Property and the continuance of such default beyond the expiration of all applicable cure periods such that the holder of such loan has the right to accelerate such loan. 9. Remedies. Upon the occurrence of a Default, the giving of any required notice thereof, and the expiration of any applicable cure period, City may, at its option, exercise any one or more of the following remedies: 9.1 Declare all of the sums payable under this Note to be immediately due and payable without further demand. 9.2 Pursue the exercise of the power of sale provided under the City Deed of Trust. 9.3 Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof(or any part thereof) and of any of the Security in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach, and notwithstanding the continuance in possession of the Property, the City shall be entitled to exercise every remedy provided by the City Documents or by law, upon the occurrence of any uncured breach. 9.4 Commence an action to foreclose the City Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants set forth in the City Documents. 9.5 Exercise its option to purchase the Property pursuant to the Affordable Housing Resale Restrictions. 9.6 Exercise all other rights and remedies provided herein or in any other City Document. 9.7 Exercise any other remedy provided by law or in equity. The rights and remedies of the City hereunder are cumulative, and the City's exercise or failure to exercise one or more of such rights or remedies shall not preclude City's exercise, at the same time or different times, of any other right or remedy for the same Default or any other Default. Page 51 Exhibit C <'nn Qn1n1j4n7n4n7 n City Council 19 — 65 7/7/2026 PLANNING COMMISSION DRAFT 10. Maker's Personal Liability. Maker will be fully and personally liable for all loss, cost, liability, damage, and expense (including without limitation attorneys' fees) suffered or incurred by City arising from any of the following: 10.1 Failure to pay taxes, assessments, and any other charges that could result in liens against any portion of the Property or any other Security. 10.2 Failure to pay and discharge any mechanics' liens, materialmen's liens, or other unpermitted liens against any portion of the Property or any other Security. 10.3 Maker's fraud or intentional misrepresentation with respect to any representations, warranties, or certifications made in the City Documents or in connection with Maker's application to participate in the City's affordable housing program. 10.4 Maker's retention of any rental income or other income arising with respect to any portion of the Property or any other Security subsequent to the date of City's delivery of any notice of a Default, or which, under the terms of the City Documents, should otherwise have been paid to City. 10.5 Maker's retention or use of insurance proceeds, condemnation awards, or other similar funds or payments attributable to the Property or any other Security that pursuant to the City Documents should have been paid to City or used for another purpose. 10.6 Waste of the Property, or any other failure to maintain, repair, or restore any portion of the Property or any other Security in accordance with the requirements of the City Documents. 10.7 The removal, demolition, damage or destruction of any portion of the Property or any other Security that is neither consented to in writing by City nor fully compensated for by insurance proceeds or condemnation awards. 10.8 The failure of the City Documents to constitute a lien or security interest, as applicable, on the Property or any other Security, subject only to those exceptions, if any, permitted by the City Documents or otherwise approved in writing by City. 10.9 Nothing in this paragraph will affect or limit the rights of City to enforce any of City's rights or remedies with respect to any portion of the Property or any other Security. 11. Maker's Waivers. Maker hereby expressly waives diligence,presentment,protest, and demand, and notice of protest, notice of dishonor and notice of nonpayment of this Note, and expressly waives any rights to be released by reason of any extension of time or change in terms of payment, or change, alteration or release of any security given for the payments hereof, and Page 52 Exhibit C ��nn nnim�ncn�ntn�n City Council 19 — 66 7/7/2026 PLANNING COMMISSION DRAFT expressly waives the right to plead any and all statutes of limitation as a defense to any demand on this Note. 12. Notices. All notices,requests, demands, reports or other communications regarding this Note shall be in writing and delivered: (i)personally; or(ii)by independent, reputable, overnight commercial courier; or (iii)by deposit in the United States mail,postage and fees fully prepaid, registered or certified mail, with return receipt requested; addressed as follows, or to such other address as specified in written notice delivered to the parties pursuant to this Section: To Maker: At the Property address. To City: City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702 Attn: City Clerk 13. Any notice that is personally delivered(including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of delivery thereof. 14. Assignment by Lender; Successors and Assigns. This Note shall be binding upon Maker and Maker's heirs, successors and assigns; provided however, Maker may not assign this Note without City's prior written consent except as may be permitted in accordance with the City Deed of Trust and the Affordable Housing Resale Restrictions. City may assign its rights to receive the proceeds under this Note to any person or entity without the consent of Maker, and upon notice to Maker of such assignment, all payments shall be made to the assignee. 15. No Joint Venture. The relationship of Maker and City under this Note is solely that of a participant and administrator of an affordable housing program, and in no manner are the City and the Maker partners or joint ventures, nor do any of the City Documents establish a principal and agent relationship between City and Maker. 16. Attorneys' Fees and Costs. If any legal action is filed to interpret or enforce this Note, the prevailing party shall be entitled to an award of its reasonable attorneys' fees, costs and expenses incurred therein. Maker agrees to pay all costs and expenses (including reasonable attorneys' fees) that City may incur in connection with enforcement of this Note and collection of sums payable hereunder whether or not suit is filed. 17. No Third-Party Beneficiaries. This Note shall not benefit or be enforceable by any person or entity except the City and the Maker and their respective successors and assigns. Page 53 Exhibit C "Inn nnim�ncn�ntn�n City Council 19 — 67 7/7/2026 PLANNING COMMISSION DRAFT 18. Entire A,aeement; Amendments. This Note, together with the Affordable Housing Resale Restrictions and the City Deed of Trust, sets forth the entire understanding between Maker and the City with respect to the subject matter hereof. Any previous representations, warranties, agreements, and understandings among the parties regarding the subject matter of the Affordable Housing Resale Restrictions, this Note and City Deed of Trust whether written or oral, are superseded by the terms of the Affordable Housing Resale Restrictions, this Note and the City Deed of Trust. This Note may be modified or amended only by a written instrument duly executed by City and Maker. 19. No City Waiver. Any waiver of any term or provision of this Note must be in writing. No waiver of any breach, default or failure of condition under this Note or any other City Document shall be implied from City's failure or delay in declaring a default or exercising any of City's rights or remedies with respect to such breach, default or failure, or from any previous waiver of any similar or unrelated breach, default or failure, nor shall acceptance by City of any payment hereunder constitute a waiver of City's right to require prompt payment of any remaining amounts owed. Without limiting the generality of the foregoing, City's failure or delay in declaring any amount due hereunder shall not constitute a waiver of City's right to declare such sum due for the same or any subsequent event that triggers Maker's payment obligations hereunder. 20. Severability. If any provision of this Note shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Note shall not be affected or impaired thereby. 21. Controlling Law and Venue. The terms of this Note shall be interpreted under the laws of the State of California without regard to principles of conflicts of law. This Note was entered into and is to be performed in the County of Orange, which is the exclusive venue for any action or dispute arising hereunder. 22. Captions. All captions and headings in this Note are for the purposes of reference and convenience and shall be disregarded for all other purposes, including the construction or enforcement of any of the provisions of this Note. 23. Joint and Several. The obligations of each signatory to this Note shall be joint and several. 24. Time of the Essence. Time is of the essence with regard to all matters contained in this Note. MAKER and HOMEBUYER: By: Page 54 Exhibit C ���nn nnim�ncn�ntn�n City Council 19 — 68 7/7/2026 PLANNING COMMISSION DRAFT EXHIBIT D FORM OF CITY DEED OF TRUST CITY DEED OF TRUST RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: City Clerk Free Recording pursuant to Government Code 6103&27383 CITY DEED OF TRUST,ASSIGNMENT OF RENTS AND SECURITY AGREEMENT THIS PERFORMANCE DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT ("Deed of Trust") is made as of , 20_, by and (collectively, "Trustor") as Trustor, to the City of Santa Ana, as Trustee and Beneficiary (hereafter, "Trustee", `Beneficiary," or"City"). The Trustor, in consideration of the promises herein recited and the trust herein created, irrevocably and unconditionally grants, transfers, conveys and assigns to Trustee, in trust for the benefit of City,with power of sale and right of entry and possession, all of Trustor's right,title and interest now held or hereafter acquired in and to the property located in the City of Santa Ana, Orange County, State of California, described in the attached Exhibit 1 and more commonly known as: (APN: ) (the "Property"); TOGETHER with the rents, issues, and profits of such Property, subject however, to the right,power, and authority granted and conferred on City in this Deed of Trust to collect and apply the rents, issues, and profits; and TOGETHER with all the improvements now or hereafter erected on the Property, and all easements, rights of way, and appurtenances thereto, and all fixtures now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this Deed of Trust; All of the foregoing, together with the Property, is herein collectively referred to as the "Security." TO HAVE AND TO HOLD the Security, together with acquaintances, to the Trustee, its successors and assigns forever; Page 55 Exhibit D ���nn nnimncn�ntn�n City Council 19 — 69 7/7/2026 PLANNING COMMISSION DRAFT TO SECURE to the City the payment of the sums, and the performance of the covenants and agreements of the Ti-ustor evidenced by (i) that certain Affordable Housing Resale Restrictions, Equity Sharing and Regulatory Agreement executed by and between Trustor and City, dated as of the date hereof and recorded substantially concurrently herewith(the"Affordable Housing Resale Restrictions"), and (ii) that certain City Promissory Note (the "Note") dated as of the date hereof and executed by Trustor for the benefit of City, pursuant to which Trustor is obligated to pay to City a City Equity Share, and all extensions, modifications, or renewals of the Note and the Affordable Housing Resale Restrictions. The Note and the Affordable Housing Resale Restrictions are incorporated herein by this reference; and TO SECURE the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust and the performance of the covenants and agreements of Trustor herein contained. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. Trustor's Estate. Trustor represents and warrants that Trustor is lawfully seized of the estate hereby conveyed, has the right to grant and convey the Security, and that other than this Deed of Trust, the Security is encumbered only by: (1)that certain deed of trust executed by Trustor and recorded against the Property substantially concurrently herewith to secure repayment of a loan made by (the "First Mortgage Lender") to assist Trustor in the purchase of the Property and evidenced by a promissory note executed by Trustor in favor of the First Mortgage Lender in the original principal amount of[Dollars] ($ )(the "First Mortgage Note"), and (2) the Affordable Housing Resale Restrictions. Trustor agrees to warrant and defend generally the title to the Security against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring the City's interest in the Security, and Trustor shall pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which City or Trustee may appear, and in any suit brought by City to foreclose this Deed of Trust. As used in this Deed of Trust, the term "First Mortgage Lender" shall include all successors and assigns of the First Mortgage Lender with respect to the First Mortgage Note. 2. Note and Affordable Housing Resale Restrictions. Trustor will promptly pay when due all sums payable pursuant to the Note and shall perform all of Trustor's covenants and obligations under the Note, the Affordable Housing Resale Restrictions, and this Deed of Trust. 3. Charges and Liens. Trustor will promptly pay when due, the interest, principal, and all other charges accruing under any deed of trust,mortgage, or other instrument encumbering the Property, and will pay when due directly to the payee thereof all taxes, assessments and other charges, fines and impositions affecting the Property. Upon request by the City, Trustor will promptly furnish to the City copies of all notices of amounts due described in this Section and evidence of payment of such amounts. Trustor shall pay when due each obligation secured by or reducible to a lien, charge or encumbrance which now does or later may encumber or appear to encumber all or part of the Property or any interest therein, whether or not such lien, charge or encumbrance is or would be senior or subordinate to this Deed of Trust;provided however,Trustor will not be required to discharge the lien of the deed of trust securing the First Mortgage Note (the "First Mortgage Deed of Trust"), and Trustor will not be required to pay any tax, charge, lien or Page 56 Exhibit D ���nn nnim�ncn�ntn�n City Council 19 — 70 7/7/2026 PLANNING COMMISSION DRAFT assessment described in this Section so long as Trustor is actively contesting its validity in good faith and by appropriate legal proceedings that will operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. Trustor shall post security for the payment of such contested claims as may be requested by the City. 4. Protection of Security. If Trustor fails to perform any of the covenants and agreements set forth in this Deed of Trust, or if any action or proceeding is commenced that materially affects City's interest in the Property, including, but not limited to, default under any senior lienholder document, eminent domain, insolvency, code enforcement, arrangements or proceedings involving a bankrupt or decedent, foreclosure of any mortgage secured by the Property or sale of the Property under a power of sale of any instrument secured by the Property, City, at its option, without releasing Trustor from any obligation hereunder, may upon notice to Trustor,make such appearance, disburse such sums and take such action as is necessary to protect City's interest,including, but not limited to,the purchase of insurance,disbursement of reasonable attorneys' fees and entry upon the Property to make repairs. Any amounts disbursed by City pursuant to this Section, with interest thereon, shall become additional indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and City agree to other terms of payment, such amounts shall be payable upon notice from City to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the highest rate permissible under applicable law. Nothing contained in this Section shall require City to incur any expense or take any action hereunder. 5. Inspection. The City may make, or cause to be made, reasonable entries upon the Property and inspections of the Security;provided that the City will give Trustor reasonable notice of inspection. 6. Title Insurance. At Trustor's expense, Trustor shall purchase a CLTA lender's policy of title insurance for the benefit of City, insuring this Deed of Trust as a secondary lien on the Property, with no delinquent taxes or assessment liens appearing as exceptions to title. 7. Hazard Insurance. Trustor shall keep the Property insured by a standard all-risk property insurance policy with endorsements for vandalism, malicious mischief, and special extended perils, in the full replacement value of the improvements, and with endorsements for increases in costs due to changes in code and inflation, with loss payable to City and any superior trust deed holder, as their interests may appear, and any other insurance required by the City. The insurance carrier providing such insurance shall be licensed to do business in the State of California and may be chosen by Trustor, subject to approval by City. All insurance policies and renewals thereof shall be in a form acceptable to the City, and shall include a standard mortgagee clause with standard lender's endorsement in favor of the holder of any senior lien and the City as their interests may appear and in a form acceptable to the City. Trustor shall provide City with copies of all policies and renewals thereof, certificates of insurance, all renewal notices and all receipts of paid premiums. In the event of loss, Trustor shall give prompt notice to the insurance carrier and the City or its designated agent. The City, or its designated agent, may make proof of loss if not made promptly by Trustor. The policies shall include an endorsement providing that City shall receive thirty (30) days' advance written notice of the cancellation, expiration or Page 57 Exhibit D <Inn Qn1 W Jcn7ntn7 n City Council 19 — 71 7/7/2026 PLANNING COMMISSION DRAFT termination or any material change in the coverage afforded by any of the insurance policies required under this Section. If the Property is acquired by the City, all right, title and interest of Trustor in and to any insurance policy and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition will pass to the City to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition, subject to the rights of the holder of any senior lien. Renewal policies and any replacement policies, together with premium receipts satisfactory to the City, shall be delivered to the City at least thirty(30)days prior to the expiration of existing policies.Neither Trustee nor the City shall by reason of accepting,rejecting, approving or obtaining insurance incur any liability for the existence, nonexistence, form or legal sufficiency of such insurance, or solvency of any insurer for payment of losses. The application of proceeds pursuant to this Section shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 8. Awards and Damages. Subject to the rights of senior lienholders, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of(a)taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (b) any damage to or destruction of the Property or any part thereof by insured casualty, and (c) any other injury or damage to all or any part of the Property, are hereby assigned to and shall be applied to the restoration or repair of the Property (if applicable) or paid to the City. The City is authorized and empowered (but not required) to collect and receive any such sums and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as the City shall determine at its option. The City shall be entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment.All or any part of the amounts so collected and recovered by the City may be released to Trustor upon such conditions as the City may impose for its disposition. Application of all or any part of the amounts collected and received by the City or the release thereof shall not cure or waive any default under this Deed of Trust. If the Property is abandoned by Trustor, or if, after notice by City or its designated agent to Trustor that the condemnor or insurer offers to make an award or settle a claim for damages, Trustor fails to respond to City within thirty (30) days after the date such notice is mailed, City or its designated agent is authorized to collect and apply the proceeds, at City's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust 9. Maintenance. Trustor shall maintain the Property and all structures and landscaping thereon in good condition and repair. Trustor agrees to complete installation of landscaping as approved by the City, and to diligently maintain and care for installed landscaping, using generally accepted methods of cultivation and watering. Trustor shall not remove or demolish any building located on the Property, and agrees to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor, and to comply with all laws affecting the Property or requiring any alterations or improvements to be made thereon. Trustor shall not commit or permit waste thereof, and shall not commit or permit any act upon the Property in violation of applicable laws. Trustor will comply with all applicable Page 58 Exhibit D "IQ4 Q0JQJW9Q;4W;n City Council 19 — 72 7/7/2026 PLANNING COMMISSION DRAFT laws, ordinances and governmental regulations affecting the Property or requiring any alteration or improvement thereof, and will not suffer or permit any violations of any such law, ordinance or governmental regulation, nor of any covenant, condition or restriction affecting the Property. If there arises a condition in contravention of this Section, and if the Trustor has not cured such condition within thirty (30) days after receiving a notice from City of such a condition, then in addition to any other rights available to City, City shall have the right (but not the obligation) to perform all acts necessary to cure such condition, and to establish or enforce a lien or other encumbrance against the Property to recover its cost of cure. 10. Occupancy. Trustor shall occupy the Property as Trustor's primary residence, and the Property shall be used as the primary residence of Trustor and Trustor's household and for no other purpose. The Property shall not be leased or rented by Trustor to any person or entity other than as expressly permitted by the Affordable Housing Resale Restrictions or consented to by City in writing. The City shall have the right to monitor whether the Property is owner-occupied by requesting that Trustor provide City with a written certification under penalty of perjury that the Property is owner-occupied, accompanied by supporting documentation reasonably satisfactory to the City. 11. Transfer. Trustor shall not allow any Further Encumbrance or Transfer of the Property (as such terms are defined in the Affordable Housing Resale Restrictions) any without complying with all requirements of the Affordable Housing Resale Restrictions. 12. Assiunment of Rents. Trustor hereby irrevocably, absolutely, presently and unconditionally assigns to City the rents, issues, revenue and profits of the Property. This is an absolute assignment and not an assignment for security only. Subject to the limitations on lease or rental of the Property as set forth herein and in the Affordable Housing Resale Restrictions, City hereby confers upon Trustor a license to collect and retain such rents, issues, revenue and profits, as they become due and payable prior to any Default hereunder. Upon the occurrence of any such Default, City may terminate such license without notice to or demand upon Trustor and without regard to the adequacy of any security for the indebtedness hereby secured, and may either in person,by agent, or by a receiver to be appointed by a court, enter upon and take possession of the Property or any part thereof, and sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, to any indebtedness secured hereby, and in such order as City may determine. City's right to the rents, issues, revenue and profits of the Property does not depend upon whether or not City takes possession of the Property. The entering upon and taking possession of the Property, the collection of such rents, issues, revenue and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. If a Default occurs while City is in possession of all or part of the Property and/or is collecting and applying rents as permitted under this Deed of Trust, City, Trustee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Deed of Trust and at law or in equity, including the right to exercise the power of sale granted hereunder. Regardless of whether or not City, in person or by agent, takes actual possession of the Property, City shall not be deemed to be a "mortgagee in possession," shall not be responsible for performing any obligation of the lessor under any lease, shall not be liable in any manner for the Property, or the use,occupancy, enjoyment Page 59 Exhibit D <Inn Qn1 W Jcn7ntn7 n City Council 19 — 73 7/7/2026 PLANNING COMMISSION DRAFT or operation of any part of it , and unless due solely to the willful misconduct or gross negligence of City, shall not be responsible for any dangerous or defective condition of the Property or any negligence in the management, repair or control of the Property. 13. Default.An event of default("Default") shall arise hereunder upon the occurrence of any one or more of the following and the expiration of any applicable cure period: a. Trustor fails to occupy the Property as Trustor's principal residence; b. The sale, conveyance, encumbrance, refinance, assignment, or other transfer of the Property including without limitation, the lease or rental of the Property in violation of the Affordable Housing Resale Restrictions; C. An event of default arises under the Note or the Affordable Housing Resale Restrictions, and such default remains uncured following the expiration of any applicable cure period; d. Trustor fails to pay when due any sum payable pursuant to the Note, the Affordable Housing Resale Restrictions or this Deed of Trust; e. The Property is refinanced or encumbered in violation of the Affordable Housing Resale Restrictions or this Deed of Trust; £ Trustor fails to maintain insurance on the Property as required by the Affordable Housing Resale Restrictions and this Deed of Trust, g. Subject to Trustor's right to contest the following charges, Trustor fails to pay prior to delinquency taxes or assessments due on the Property or fails to pay when due any other charge that may result in a lien on the Property, and Trustor fails to cure such default within twenty (20) days of date of delinquency, but in all events prior to the time that the holder of such lien has the right to pursue foreclosure thereon; h. Trustor declares bankruptcy or makes an assignment of assets for the benefit of creditors, or an order for relief is entered under federal bankruptcy laws as to Trustor, or Trustor is adjudicated as insolvent or bankrupt pursuant to the provisions of any state or federal insolvency or bankruptcy, or Trustor consents to, acquiesces in, or attempts to secure the appointment of, any receiver for all or any substantial part of the Property; i. The occurrence of an event of default under any loan secured by the Property and the continuance of such default beyond the expiration of all applicable cure periods such that the holder of such loan has the right to accelerate such loan. j. Trustor fails to observe or perform any other covenant, condition, or agreement to be observed or performed by Trustor pursuant to the Note, the Affordable Housing Resale Restrictions or this Deed of Trust. Page 60 Exhibit D <Inn Qn1 W Jcn7ntn7 n City Council 19 — 74 7/7/2026 PLANNING COMMISSION DRAFT 14. Remedies. Upon the occurrence of a Default, the giving of notice thereof and the expiration of any applicable cure period, City may, at its option, exercise any one or more of the following remedies: a. Declare all of the sums payable under the Note to be immediately due and payable without further demand. b. Pursue the exercise of the power of sale provided under this Deed of Trust. C. Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, enter upon, take possession thereof(or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom, or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach and, notwithstanding the continuance in possession of the Security, the City shall be entitled to exercise every right and remedy provided under the Note, this Deed of Trust, or the Affordable Housing Resale Restrictions, or by law upon occurrence of any uncured breach. d. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof. e. Exercise any option to purchase the Property, as authorized pursuant to the Affordable Housing Resale Restrictions. £ Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby. g. Exercise any other remedy provided by law or in equity. 15. Acceleration and Sale. a. Notice of Default. Upon Trustor's breach of any covenant or agreement of Trustor under the Note, the Affordable Housing Resale Restrictions or this Deed of Trust, City shall mail notice to Trustor as provided in Section 24 hereof specifying: (i)the nature of the breach; (ii) the action required to cure such breach; (iii) a date no less than thirty (30) days from the date the notice is mailed to Trustor by which such breach must be cured or such shorter cure period as may be provided in the Note, the Affordable Housing Resale Restrictions or this Deed of Trust; and(iv) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the loan and the sale of the Property. The notice shall further inform Trustor of Trustor's right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Trustor to acceleration and sale. If the breach is not cured on or before the date specified in the notice, City at City's option declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and/or pursue any other remedy provided herein or available under law. Page 61 Exhibit D <'nn Qn1n1j4n7n4n7 n City Council 19 — 75 7/7/2026 PLANNING COMMISSION DRAFT City shall be entitled to collect from the Ti-ustor, or from the proceeds of the sale of the Property, all reasonable costs and expenses incurred in pursuing the remedies provided hereunder,including, but not limited to, reasonable attorneys' fees. If a non-monetary default is not reasonably capable of being cured within thirty (30) days, the City, in its sole and absolute discretion, may grant the Trustor or the First Mortgage Lender such additional time as is reasonably necessary to cure the default provided that the Trustor or the First Mortgage Lender (i) initiates corrective action within said period, and (ii) diligently, continually, and in good faith works to effect a cure as soon as possible. Notwithstanding the cure periods established in this Section, in no event shall the City be precluded from sooner exercising any remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default or the default is not cured within ninety(90) days after the first notice of default or delinquency is given. b. Trustor's Right to Reinstate. Notwithstanding City's acceleration of the sums secured by this Deed of Trust, Trustor will have the right to have any proceedings begun by City to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of the judgment enforcing this Deed of Trust if: (a) Trustor pays City all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Trustor pays all reasonable expenses incurred by City and Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of Trust, including, but not limited to,reasonable attorneys' fees; Trustor cures all breaches of any other covenants or agreements of Trustor set forth in the Affordable Housing Resale Restrictions and this Deed of Trust; and (d) Trustor takes such action as City may reasonably require to assure that the lien of this Deed of Trust, City's interest in the Property and Trustor's obligation to pay the sums and perform the obligations secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred. C. Sale. After delivery to Trustee of a Notice of Default and Demand for Sale and after the expiration of such time and the giving of such notice of default and sale as may then be required by law, and without demand on Trustor, Trustee shall sell the Property at the time and place of sale fixed by it in said notice of sale, at public auction to the highest bidder for cash in lawful money of the United States of America,payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement. Any person, including Trustor, Trustee or the City, may purchase at such sale. Upon such sale by Trustee it shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of their truthfulness. Upon sale by Trustee and after deducting all costs, expenses and fees of Trustee, Trustee shall apply the proceeds of sale to the payment of the indebtedness hereby secured, including without limitation the indebtedness evidenced by the Note, any advances made or costs or expenses paid or incurred by City under this Deed of Trust, any indebtedness evidenced by any other instrument hereby Page 62 Exhibit D "IQ4 Q0JQJW9Q;4W;n City Council 19 — 76 7/7/2026 PLANNING COMMISSION DRAFT secured, and all other sums then secured hereby, including without limitation, interest as provided in the Note and the Affordable Housing Resale Restrictions, in such order as the City shall direct; and then the remainder, if any, shall be paid to the person or persons legally entitled thereto. 16. Remedies Cumulative; No Waiver. No exercise of any right or remedy by the City or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay or forbearance by the City or Trustee in exercising any such right or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof in any continued or subsequent default hereunder.All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded by law or equity, and may be exercised concurrently, independently or successively. No sale of the Property, forbearance on the part of City, or extension of the time for payment of the indebtedness hereby secured shall operate to release, discharge, waive, modify, change or affect the liability of Trustor either in whole or in part. 17. Indemnity. Trustor agrees to defend, indemnify, and hold the City, and its elected and appointed officers, officials, employees, and agents harmless from all losses, damages, liabilities, claims, actions,judgments, costs, and reasonable attorneys' fees that they may incur as a direct or indirect consequence of: (i) Trustor's failure to perform any obligations as and when required by the Note, the Affordable Housing Resale Restrictions, or this Deed of Trust; or(ii) the failure at any time of any of Trustor's representations or warranties herein or in the Affordable Housing Resale Restrictions or the Note to be true and correct. 18. Due on Transfer of the Property. If the Trustor sells, conveys, assigns, transfers, alienates, or otherwise disposes of its interest in the Property, either voluntarily or involuntarily or by operation of law, in part or in full, in violation of the Affordable Housing Resale Restrictions, the City may, at its option,require immediate payment in full of all sums due under the Note. 19. Reconveyance. Upon payment of all sums and satisfaction of all obligations secured by this Deed of Trust, including without limitation, payment of the City Equity Share as defined in the Affordable Housing Resale Restrictions, and upon the expiration or termination of the Affordable Housing Resale Restrictions, the City will provide a written request to the Trustee to reconvey the Security and will surrender this Deed of Trust and the Note to Trustee. The Trustee shall reconvey the Security without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. The recitals in the reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. 20. Trustee Substitution. The City, at its option and without prior notice, may from time to time, by written instrument, remove the Trustee and appoint a successor trustee pursuant to a written instrument executed by City and duly acknowledged and recorded in the Official Records of Orange. Such instrument shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the predecessor Trustee, succeed to all the title,estate,power and duties conferred upon the Trustee herein and by applicable law. Such instrument shall set forth the name of the Trustor, the original Trustee and the Beneficiary hereunder, the book and page where this Deed of Trust is recorded, and the name and address of the new Trustee. Page 63 Exhibit D <'nn Qn1 W Jcn7ntn7 n City Council 19 — 77 7/7/2026 PLANNING COMMISSION DRAFT 21. City's Rights to Release.Without affecting the liability of any person for payment of any indebtedness hereby secured (other than any person released pursuant hereto), including without limitation any one or more endorsers or guarantors, and without affecting the lien hereof upon any of the Property not released pursuant hereto, at any time and from time to time without notice: (a)City may in its sole discretion: (i)release any person now or hereafter liable for payment of any or all such indebtedness, (ii) extend the time for or agree to alter the terms of payment of any or all of such indebtedness, and(iii)release or accept additional security for such indebtedness, or subordinate the lien or charge hereof, and (b) Trustee, acting pursuant to the written request of the City, may reconvey all or any part of the Property, consent to the making of any map or plot of the and, join in granting any easement thereon, or join in any extension agreement of any agreement subordinating the lien or charge hereof. 22. Subordination. Absent the prior written consent of City, this Deed of Trust shall not be subordinated to any other deed of trust or encumbrance on the Property, except a First Lien, as allowed by the Affordable Housing Resale Restrictions. 23. Request for Notice. City requests that copies of any notice of default and notice of sale affecting the Property be sent to City at its address set forth herein. City shall record a Request for Notice of Default and Sale. 24. Notices.All notices,requests,demands,reports or other communications regarding this Deed of Trust shall be in writing and delivered: (i) personally; or (ii) by independent, reputable, overnight commercial courier; or (iii) by deposit in the United States mail,postage and fees fully prepaid, registered or certified mail, with return receipt requested, and addressed as follows, or to such other address as specified in written notice delivered to the parties pursuant to this Section: To Trustor: At the Property address. To City: City of Santa Ana 20 Civic Center Plaza(M-30) Santa Ana, CA 92702 Attn: City Clerk Any notice that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of delivery thereof. 25. Successors Bound. The terms of this Deed of Trust shall be binding upon the Trustor and the Trustor's heirs, legatees, devisees, administrators, executors, successors and assigns. 26. Attorneys' Fees and Costs. If any legal action is filed to enforce or interpret this Deed of Trust, or the interpretation or enforcement thereof, the prevailing party shall be entitled to an award of its reasonable attorneys' fees, costs and expenses incurred therein. Page 64 Exhibit D ���nn nnim�ncn�ntn�n City Council 19 — 78 7/7/2026 PLANNING COMMISSION DRAFT 27. No Waiver. Any waiver of any term or provision of this Deed of Trust must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Deed of Trust or applicable law. No failure or delay by City at any time to require strict performance of any provision of this Deed of Trust or to exercise any election contained herein or any right,power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. 28. No Third-Party Beneficiaries. This Deed of Trust shall not benefit or be enforceable by any person or entity except the City, the Trustee, and the Trustor and their respective successors and assigns. 29. Entire Agreement. This Deed of Trust, together with the Affordable Housing Resale Restrictions and the Note, sets forth the entire understanding between Trustor and the City with respect to the subject matter hereof. Any previous representations, warranties, agreements, and understandings among the parties regarding the subject matter of the Affordable Housing Resale Restrictions, this Deed of Trust and Note whether written or oral, are superseded by the terms of the Affordable Housing Resale Restrictions, the Note and this Deed of Trust. 30. Amendments. This Deed of Trust shall not be amended except by a written instrument duly executed by Trustor and Beneficiary and recorded in the Official Records of Orange. 31. Severability. If any provision of this Deed of Trust shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Deed of Trust shall not be affected or impaired thereby. 32. Controlling Law and Venue. The terms of this Deed of Trust shall be interpreted under the laws of the State of California without regard to principles of conflicts of law. This Deed of Trust was entered into and is to be performed in the County of Orange, which is the exclusive venue for any action or dispute arising out of this Deed of Trust. 33. Captions and Gender. All captions and headings in this Deed of Trust are for the purposes of reference and convenience and shall be disregarded for all other purposes, including the construction or enforcement of any of provisions thereof. Whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 34. Joint and Several. The obligations of each signatory to this Deed of Trust shall be joint and several. 35. Time of the Essence. Time is of the essence with regard to all matters contained in this Deed of Trust. Page 65 Exhibit D ���nn nnim�ncn�ntn�n City Council 19 — 79 7/7/2026 PLANNING COMMISSION DRAFT [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the date first written above. TRUSTOR: By: Print Name: By: Print Name: (Signatures must be acknowledged by notary) Page 66 Exhibit D ���nn nnimncn�ntn�n City Council 19 — 80 7/7/2026 PLANNING COMMISSION DRAFT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange) ss. On , 20 , before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person/s whose name/s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature/s on the instrument the persons, or the entity upon behalf of which the person/s acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. WITNESS my hand and official seal Signature of Notary Public Page 67 Exhibit D ���nn nnimncn�ntn�n City Council 19 — 81 7/7/2026 PLANNING COMMISSION DRAFT EXHIBIT 1 OF DEED OF TRUST LEGAL DESCRIPTION Page 68 Exhibit 1 of Deed of Trust (Legal Description) "IQ4 Q0JQJW9Q;4W;n City Council 19 — 82 7/7/2026 EXHIBIT E INCOME VERIFICATION FORM Affordable Unit Address: Head of Household (Print Name): Current Address (if different from above): Telephone Number: Home: Work: Cell: Email address: Date of Birth: Social Security# or TIN: Household Composition List All Household Members Living in the Affordable Unit Dependent Social Security# Name Sex Age (Y/N) or Taxpayer ID # List additional household members on a separate sheet of paper. Page 69 Fxhihit F 55394.00(g;ty( jjCII 19 — 83 7/7/2026 INCOME VERIFICATION FORM Monthly Gross Income * List All Sources of Income of All Household Members Living in the Affordable Unit Part 1: Earned Income Other Head of Household Household Members Total 1. Gross wages, before payroll deductions and $ $ $ including overtime pay, commissions, fees, tips and bonuses. 2. Net income from self employment, independent $ $ $ contractor work or a business. 3. Social security and any payments from annuities, $ $ $ insurance policies, pension/retirement funds, disability or death benefits received periodically. 4. Payment in lieu of earnings, such as $ $ $ unemployment, disability compensation, worker's compensation and severance pay. 5. Public assistance, welfare payments $ $ $ 6. Alimony, child support, other periodic allowances $ $ $ 7. Regular pay, special pay and allowances of $ $ $ members of the Armed Forces 8. Other $ $ $ Subtotal: Monthly Earned Income $ Total Monthly Earned Income x 12 = $ Total Annual Household Gross Earned Income INCOME VERIFICATION FORM Monthly Gross Income Page 70 FRxhihit R 5 5394.00(gffijC jjCII 19 — 84 7/7/2026 List All Sources of Income of All Household Members Living in the Affordable Unit Part 2: Investment Income Total Other Adult Household Head of Household Investment Household Members Income 1. Interest paid on Bank and Savings accounts $ $ $ 2. Dividends and other payments from stocks and $ $ $ bonds 3. Income from real property (i.e. rental property) $ $ $ 4. Other (describe) $ $ $ Subtotal: Monthly Investment Income: $ Total Monthly Investment Income x 12 = $ Total Annual Household Investment Income *Note: The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience. Page 71 Fxhihit F 55394.00(g;t-Y( jjCII 19 — 85 7/7/2026 INCOME VERIFICATION FORM Assets ** List the Current Value of All Assets of All Household Members Living in the Affordable Unit If the Asset generates income, that income must be specified In Part 2 above Other Adult Head of Household Household Members Total Value of Value Value Assets 1. Bank and Savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property (i.e. rental property) $ $ $ 4. Other (describe) $ $ $ Total Asset Value $ **Note: Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets. Collections of items for hobby, investment or business purposes must be included in household assets. If the total value of household assets exceeds $5,000, the calculation of the household's annual income shall include the greater of the actual amount of income, if any, derived from all of the household assets; or 10% of the total value of the assets. Page 72 Fxhihit F 55394.00(g;tyC jjCi1 19 — 86 7/7/2026 INCOME VERIFICATION FORM If the total asset value exceeds $5,000, perform the calculations in the following table. If the total asset value is less than $5,000, the amount of investment income to be included in annual household income is $0. Calculation of Investment Income to be Included in Annual Household Income 1. Total Annual Household Investment Income $ 2. Total Asset Value $ x 10% $ The Greater of#1 or#2 = Investment Income to be Included in Annual Household Income $ Calculation of the Household's Total Annual Income Total Annual Household Gross Earned Income $ Total Investment Income to be Included in Annual Household Income $ Total Household Income $ Documentation Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from three most recent pay periods Bank/Savings account verification Employment verification Self-employment verification Three years Income tax returns for Title Holders Unemployment verification Social security verification Welfare verification Alimony/child support verification Disability income verification Other (Describe) Page 73 Fxhihit,F 55394.00(g;ty jjCi1 19 — 87 7/7/2026 AFFIDAVIT This Affidavit is made with the knowledge that it will be relied upon by and the City of Santa Ana to determine maximum income for eligibility to purchase the Affordable Unit listed above. (1/we) warrant that all information set forth in this document is true, correct and complete and based upon information (1/we) deem reliable and based upon such investigation as (1/we) deemed necessary. (I/We) acknowledge that (1/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) purchase agreement and will additionally enable the seller to terminate the purchase contract and sell the Affordable Unit to another party. (I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the household which intends to occupy an Affordable Unit located at ,Santa Ana, California. Signature Date Printed Name Executed at , Santa Ana, California Signature Date Printed Name Executed at , Santa Ana, California Page 74 Exhibit E ��2nn nnimncn�n�n�n City Council 19 — 88 7/7/2026 EXHIBIT F CERTIFICATION OF CONTINUED OCCUPANCY Date: Owner(s) Name: Address: Santa Ana, CA We are the Owners of an Affordable Unit that was produced under the requirements of the City of Santa Ana Inclusionary Housing Ordinance. We understand and agree that the Affordable Unit must be used as our Primary Residence and for no other purpose. By this Certification, we declare under penalty of perjury that: 1. We currently occupy the Affordable Unit; and 2. We have occupied the Affordable Unit for at least ten (10) out of the past twelve (12) months; and 3. We have not used the Affordable Unit for any other purpose than as our Primary Residence; and 4. We are not renting or leasing any part of the Affordable Unit to another party. We have attached true and accurate copies of two utility bills or other documentation evidencing our continued occupancy of the Affordable Unit. We acknowledge that any intentional or negligent misrepresentation in this Certification may result in civil liability and/or criminal penalties including, but not limited to, fine or imprisonment, or both, and liability for monetary damages under the provisions of Title 18, United States Code, Section 100.1, et seq. Signed: Signed: Page 75 Exhibit F ���nn nnimncn�nGn�n City Council 19 — 89 7/7/2026 EXHIBIT G FORM OF NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: City Clerk Free Recording pursuant to Government Code 6103&27383 NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY This Notice of Affordability Restrictions on Transfer of Property (or "Notice of Affordability Restrictions") is executed and recorded pursuant to the Density Bonus Housing Agreement With Declaration of Covenants, Conditions, and Restrictions (the "Density Bonus Agreement"),recorded on or about , 2026, in the Official Records of Orange County, against that certain real property generally located at (APN: )in the City of Santa Ana, California ("City") as legally described in Exhibit 1 hereto ("Property"). The City of Santa Ana, a municipal corporation ("City"), and (collectively "Homebuyer") have entered into that certain Affordable Housing Resale Restrictions, Equity Sharing, and Regulatory Agreement, dated concurrently herewith ("Affordable Housing Resale Restrictions"). 1. The Affordable Housing Resale Restrictions provides for affordability restrictions and restrictions on the transfer of the Property, as more particularly set forth in the Affordable Housing Resale Restrictions. A copy of the Affordable Housing Resale Restrictions is on file with City as a public record and is deemed incorporated herein. Reference is made to the Affordable Housing Resale Restrictions with regard to the complete text of the provisions of such agreement and all defined terms therein, which provides for affordability restrictions and restrictions on the transfer of the Property. 2. The Affordable Housing Resale Restrictions contains restrictions on the sale of the Property and an equity sharing agreement for Homebuyer to pay to the City certain proceeds from the sale of the Property upon the expiration of the Affordability Term for the Property. Page 76 Exhibit G ���nn nnim�ncn�nGn�n City Council 19 — 90 7/7/2026 2. The Affordable Housing Resale Restrictions contains restrictions on the sale of the Property and an equity sharing agreement for Homebuyer to pay to the City certain proceeds from the sale of the Property upon the expiration of the Affordability Term for the Property. (A) For a period commencing upon the date on which the Property receives a Certificate of Occupancy, which occurred on [DATE], and terminating on the date that is ten (10) years later (the "Affordability Term"), the Property may only be transferred to another eligible, qualified [Moderate Income Household] [Low Income Household], at an Affordable Sales Price; such restrictions are set forth at greater length in the Density Bonus Agreement and the Affordable Housing Resale Restrictions. (B) Upon expiration of the Affordability Term, the City is entitled to an amount of the proceeds from any Transfer that is equal to the City Equity Share, which is secured by the City Deed of Trust. The City Equity Share is based on the following: (1) an amount equal to the difference between the fair market value of the Affordable Unit at the time of the initial purchase and the Affordable Sales Price (the "Initial Subsidy"), plus (ii) an amount equal to the product of(1)the appreciation of the Affordable Unit, as measured by the increase in the fair market value of the Affordable Unit at the time of the sale to the Homebuyer and the resale of the Affordable Unit, and (2) the percentage that the initial subsidy represented of the fair market value of the Affordable Unit when it was purchased by the Homebuyer (the "Proportionate Share of Appreciation"). The City Deed of Trust will not be released as an interest in the Property or otherwise reconveyed unless and until the City is paid the City Equity Share in accordance with the Affordable Housing Resale Restrictions. 3. Prior to a transfer of the Property, Homebuyer must comply with requirements of the Affordable Housing Resale Restrictions, including but not limited to the following requirements of Section 5: a. Notice to City. Homebuyer shall send the Notice of Intent to Transfer to City pursuant to Section of the Affordable Housing Resale Restrictions. b. Qualification of Proposed Transferee. During the Affordability Term, the proposed Transferee shall provide City with sufficient information in the form provided by City including without limitation, a certification as to the income and family size of the proposed Transferee, for City to determine if the proposed Transferee is a [Moderate Income Household] [Very Low Income Household], and the proposed Affordable Sales Price. C. Certificates from Parties. During the Affordability Term,Homebuyer and proposed Transferee each shall certify in writing, in a form acceptable to City, that the Transfer shall be closed in accordance with, and only with, the terms of the sales contract and other documents submitted to and approved by City and that all consideration delivered by the proposed Transferee to owner has been fully disclosed to City. The written certificate shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or certificate submitted to City for its approval of the Transfer, City shall have the right to file an action at law or in equity to make the Page 77 Exhibit G City Council 19 — 91 7/7/2026 parties terminate and/or rescind the sales contract and/or declare the sale void notwithstanding the fact that the Transfer may have closed and become final as between Homebuyer and Transferee. d. Written Consent of City Required Before Transfer. During the Affordability Term, the purchase sale agreement or other contract for Transfer of the Property, and the Income Verification Form, shall be provided to the City, which shall have at least thirty (30) days to review. The Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of City, which consent shall be given only if the Transfer is in accordance with the provisions of this Agreement The Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of City, which consent shall be given only if the Transfer is in accordance with the provisions of the Affordable Housing Resale Restrictions. e. Notice of Prohibited Transfer. Within thirty(30) days after receiving all information required by the Affordable Housing Resale Restrictions, the City shall determine and give notice to Homebuyer as to whether the City consents to the Transfer as a Permitted Transfer, or if the City determines the proposed Transfer is a Prohibited Transfer. Any attempt to Transfer the Property without the City's written approval, or after the City has given notice of a Prohibited Transfer, shall be a Default of this Agreement, and the City may apply to a court of competent jurisdiction for specific performance of this Agreement, for an injunction prohibiting a proposed sale or Transfer in violation of this Agreement, for a declaration that the Prohibited Transfer is void, or for any such other relief as may be appropriate. f. Delivery of Documents. Upon the close of the proposed Transfer, Homebuyer and Transferee, as applicable, shall provide the City with a copy of the final sales contract, settlement statement, escrow instructions, all required certificates, and any other documents City may request." 8. The Affordable Housing Resale Restrictions and the Density Bonus agreement both remain in full force and effect and are not amended or altered in any manner whatsoever by this Notice of Affordability Restrictions. 10. Capitalized terms shall have the meaning established under the Density Bonus Agreement or the Affordable Housing Resale Restrictions (including all Attachments or Exhibits thereto) excepting only to the extent as otherwise expressly provided under this Notice of Affordability Restrictions. 11. Persons having questions regarding this Notice of Affordability Restrictions, the Affordable Housing Resale Restrictions or the Density Bonus Agreement should contact City to obtain copies. HOMEBUYER: By: By: Page 78 Exhibit G ��2nn nnimncn�n�n�n City Council 19 — 92 7/7/2026 (Signatures must be acknowledged by notary) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange) ss. On , 20 , before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person/s whose name/s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature/s on the instrument the persons, or the entity upon behalf of which the person/s acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. WITNESS my hand and official seal Signature of Notary Public Page 79 Exhibit G ��2nn nnim�ncn�n�n�n City Council 19 — 93 7/7/2026 EXHIBIT 1 TO NOTICE OF AFFORDABILITY RESTRICTIONS LEGAL DESCRIPTION Page 80 Exhibit 1 to Notice of Affordability Restrictions (Legal Description) City Council 19 — 94 7/7/2026 Exhibit H FORM OF REQUEST FOR NOTICE OF DEFAULT RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: City Clerk Free Recording pursuant to Government Code 6103&27383 REQUEST FOR NOTICE UNDER CIVIL CODE SECTION 2924B In accordance with California Civil Code Section 2924b request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under the Deeds of Trust recorded as Instrument Nos. , and on in the Official Records of County of Orange, California, and describing land therein as: [See Exhibit 1 attached hereto] executed by , as Trustor/Borrower, in which the City of Santa Ana is named as Beneficiary and Trustee, be mailed to: City of Santa Ana, 20 Civic Center Plaza(M-30)P.O. Box 1988, Santa Ana, CA 92702,Attention: City Clerk. [Signature on next page] Page 81 Exhibit H ���nn nnimncn�nGn�n City Council 19 — 95 7/7/2026 ATTEST: CITY OF SANTA ANA Jennifer Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: By: [NAME] City Attorney Page 82 Exhibit H "IQ4 Q0j QjW9Q;4W;n City Council 19 — 96 7/7/2026 EXHIBIT 1 TO REQUEST FOR DEFAULT LEGAL DESCRIPTION Page 83 ���nn nnimncn�nGn�n City Council 19 — 97 7/7/2026 Exhibit I AFFORDABLE SALES PRICE Income criteria used to determine affordable sales price and affordable housing cost are based on standards imposed by the Ordinance and California Health and Safety Code Sections 50093 and 50052.5. Certain assumptions are used in calculating both the Affordable housing cost and the Affordable Sales Price for the Affordable Units in this Project. Affordable housing costs include reasonable costs associated with owning a housing unit. These include: • Principal and interest payments for the Affordable Unit with a 10% down payment • Private mortgage insurance (if applicable) • Property taxes and assessments • Homeowner's insurance • A reasonable allowance for utilities • A reasonable allowance for unit maintenance; and • Homeowners Association maintenance dues (HOA) The maximum Affordable Sales Price for an Affordable Unit is the total sales price a typical Moderate Income Household (up to 120% of median income), adjusted for the household size appropriate for the unit size, can afford to pay for housing.Accordingly,the Affordable Sales Price for the Affordable Units in this Project will be as set forth below unless the Household income of the Moderate Income Household exceeds 110% of Area Median Income adjusted for household size, in which case the Affordable Sales Price shall be recalculated in accordance with California Health and Safety Code ("HSC") Section 50052.5 and the actual income of the Homebuyer to calculate the Affordable Sales Price for that Homebuyer. Affordable Sales Price shall be recalculated quarterly and upon annual release of AMI for Orange County by HCD,in accordance with HSC Section 50052.5. Further, the calculation of the Affordable Sales Price will be based on actual unrestricted rate price estimates, the percentage of income allocated to housing pursuant to Health and Safety Code § 50052.5, actual homeowner's association dues, utility costs (based on similar projects)and a commercially reasonable interest rate at the time the Homebuyer enters into a Residential Purchase Agreement with Developer, or its successor in interest. In the event that the actual interest rate available for the Supportable Mortgage is less than the interest rate set forth herein, Developer may elect to recalculate Affordable Sales Price based on actual interest rate. The sale price below is based on a target income level established by Health and Safety Code Section 50052.5,not the income of the actual Homebuyer,except in the case of Homebuyers whose income exceeds 110% of area median income. The household size adjustment that is used in determining the income limit for the purpose of setting the maximum Affordable Sales Price is based on the number of bedrooms in the unit, not the size of the specific Homebuyer's household. These criteria are based on the California Health and Safety Code and allow the Affordable Sales Price to be set in advance of identifying a specific buyer. The Affordable Sales Price for each Page 84 ���nn nnim�ncn�nGn�n City Council 19 — 98 7/7/2026 Affordable Unit is determined by using three-bedroom unit and presumed household size of four and by using four-bedroom unit and presumed household size of five. AFFORDABLE SALES PRICE CALCULATIONS JANUARY 1-MARCH 31,2025 AH O CO CALCULATIONS:2024 I NCO M E STANDARDS ORANGE COUNTY,CALIFORNIA 11. Moderate Income.120%HCD Median Income-30%of Income Allotted to Housing Expenses 1-Bdrrn 2-Bdrm 3-Bdrm 4-Bdrm A. Income Benchmark Household Size 2 3 4 5 Household Income $123,040 $139,320 $154,800 $167,160 %of Income Atlocated to Housing 30% 30% 30% 30% Income Allotted to Housing $37,150, $41,800 $46,440 $5o,150 B. :Ongoing Expenses Utility Allowances ' $2,592 $3,396 $4,296 $5,268 HaAllnsurance/Maintenance 2,100 2,400 2,.700 3,000 Properly Taxes @ 1.16%of Affordable Price 4,220 4,681 5,128 5,445 Total Expenses $8,912 $10,477 $12,124 $13,713 C. Income Available for Mortgage $28,238 $31,323 $34,316 $36,437 D.Affordable Housing Price SupportabteMtg@7.23%Interest s $345,B00 $383,300 $420,000 $445,900 Home Buyer Down Pymt @ 5%Affordable Price 18,200 20,200 22,100 23,500 Maximum Purchase Price $363,800 $403,500 $442,100 $469,400 ' Based on the Orange County Housing Authority utilities allowances effective as of 1011124.Assumes:Electric Cooking;Electric Heating Electric Water Heater,Basic Electric,Air Conditioning;Water;Sewer,and Trash. 2 Based on a 50 basis points premium applied to the Freddie Mac monthly average,between February 2024 and January 2025 for a fixed interest rate mortgage loan with a 30-year amortization period.. Page 85 <'nn nnim�ncn7ntn7 n City Council 19 - 99 7/7/2026 City Clerk's Office 71 www.santa-ana.org/cityclerk Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Second Reading of Ordinance Dissolving Five Boards and Commissions AGENDA TITLE Second Reading and Adoption of Ordinance No. NS-3097 Dissolving the Arts and Culture Commission; Environmental and Transportation Advisory Commission; Historic Resources Commission; Parks, Recreation, and Community Services Commission; and Youth Commission First reading at the June 16, 2026 City Council Meeting and approved by a vote of 5-2. Published in the OC Reporter on June 19, 2026. RECOMMENDED ACTION Conduct a second reading and adopt an ordinance amending various sections of the Santa Ana Municipal Code to dissolve five commissions, to remove references to the dissolved commissions, and to reallocate certain powers and duties. ORDINANCE NO. NS-3097 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS) OF CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE TO DISSOLVE THE ARTS AND CULTURE COMMISSION, THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMISSION, THE HISTORIC RESOURCES COMMISSION, THE PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION, AND THE YOUTH COMMISSION; AND RELATED AMENDMENTS TO CHAPTER 30 (PLACES OF HISTORICAL AND ARCHITECTURAL SIGNIFICANCE), CHAPTER 33 (STREETS, SIDEWALKS AND PUBLIC WORKS), AND CHAPTER 41 (ZONING) TO REALLOCATE COMMISSION POWERS AND DUTIES AND TO REMOVE REFERENCES TO THE DISSOLVED COMMISSIONS GOVERNMENT CODE 484308 APPLIES: No DISCUSSION At the June 16, 2026 regular meeting, the City Council conducted a first reading and introduced an ordinance dissolving five boards and commissions as part of the Fiscal Year 2026/27 budget process. The ordinance was introduced by a vote of 5-2 (Mayor City Council 20 - 1 7/7/2026 Second Reading of Ordinance Dissolving Five Boards and Commissions July 7, 2026 Page 2 Pro Tern Penaloza and Councilmember Lopez dissenting) and requires a second reading. No changes to the ordinance were made by City Council. A copy of the ordinance for second reading and adoption is attached to this Report as Exhibit 1. Nothing precludes the City Council from evaluating the purpose of, or need for, any board or commission in the future and re-introducing them at a later date. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Approval of the ordinance aligns with the adopted FY2026/27 budget. EXHIBIT(S) 1. Ordinance Submitted By: Jennifer L. Hall, City Clerk Approved By: Alvaro Nunez, City Manager City Council 20 — 2 7/7/2026 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS) OF CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE TO DISSOLVE THE ARTS AND CULTURE COMMISSION, THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMISSION, THE HISTORIC RESOURCES COMMISSION, THE PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION, AND THE YOUTH COMMISSION; AND RELATED AMENDMENTS TO CHAPTER 30 (PLACES OF HISTORICAL AND ARCHITECTURAL SIGNIFICANCE), CHAPTER 33 (STREETS, SIDEWALKS AND PUBLIC WORKS), AND CHAPTER 41 (ZONING) TO REALLOCATE COMMISSION POWERS AND DUTIES AND TO REMOVE REFERENCES TO THE DISSOLVED COMMISSIONS WHEREAS, the City of Santa Ana currently has ten boards and commissions; WHEREAS, vacant board and commission member positions can be hard to fill; WHEREAS, all City boards and commissions need a quorum of their respective members to hold a meeting pursuant to the Brown Act; WHEREAS, several of the City boards and commissions have had difficulty keeping quorum due to absences and/or vacant positions; WHEREAS, City employees staff the boards and commissions in various capacities, prepare the agendas, and facilitate the meetings; and WHEREAS, during the budget process for FY26-27, the City Council determined that five commissions could be dissolved and their duties reassigned to other boards and commissions. THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. That Division 4 of Article IV of Chapter 2 of the Santa Ana Municipal Code be, and the same is hereby, repealed in its entirety, and that the Parks, Recreation, and Community Services Commission is hereby dissolved. Section 2. That Division 6 of Article IV of Chapter 2 of the Santa Ana Municipal Code be, and the same is hereby, repealed in its entirety, and that the Historic Resources Commission is hereby dissolved. Ordinance No. NS-XXXX Page IFt�jlfy'douncil 20 — 3 7/7/2026 Section 3. That Division 7 of Article IV of Chapter 2 of the Santa Ana Municipal Code be, and the same is hereby, repealed in its entirety, and that the Youth Commission is hereby dissolved. Section 4. That Division 8 of Article IV of Chapter 2 of the Santa Ana Municipal Code be, and the same is hereby, repealed in its entirety, and that the Arts and Culture Commission is hereby dissolved. Section 5. That Division 9 of Article IV of Chapter 2 of the Santa Ana Municipal Code be, and the same is hereby, repealed in its entirety, and that the Environmental and Transportation Advisory Commission is hereby dissolved. Section 6. That Section 2-621 of Division 12 (Community Development Commission) of Article IV of Chapter 2 of the Santa Ana Municipal Code be amended to read as follows: Sec. 2-621. — Commission created; composition. There is hereby created the community development commission, originally named the community redevelopment and housing commission, consisting of seven (7) members, except as otherwise provided in section 2-626. The community development commission shall serve in the capacity of a community redevelopment commission pursuant to Section 33201 and 33202 of the Health and Safety Code of the State of California, in the capacity of a housing commission pursuant to Section 34291 and 34292 of said Health and Safety Code, and as an advisory body to the city manager and the city council concerning arts and cultural issues in the city. Section 7. That Section 2-350.2 of Division 5 of Article IV of Chapter 2 is hereby amended to add subsections (f) through (m) and read as follows: Sec. 2-350.2 - Planning commission—Powers and duties. The planning commission shall have the power and be required to: a) Periodically review the city's general plan; b) Make studies and plans for future civic land use, including use as public recreation facilities; c) Annually review the city's capital improvement program solely for consistency with the general plan; d) Exercise such functions as to land subdivisions, zoning and other city planning as may be prescribed by ordinance; e) By its own motion, make such studies and investigations as it may deem necessary for the formulation of planning and land use policies and report its findings and recommendations to the city council or the city manager, or to both Ordinance No. NS-XXXX City Council 20 — 4 7�� 3 such authorities, as it may see fit; f) Consider all matters that may be referred to it by the city council or the city manager and shall render its recommendations, counsel and advice in regards thereto; g) Carry out those duties enumerated in chapter 30 of this Code regarding places of historical and architectural significance; h) Advise and make recommendations to the city council on applications for properties to be included in financial incentive programs participated in by the city for the preservation of historic resources; i) Advise and make recommendations to the city council and other city boards and commissions regarding historical projects and property; j) Recommend to the city council policies and regulations regarding the protection, reuse and rehabilitation of historical property; k) Recommend to the city council programs for the protection, retention and use of historic resources including utilizing federal, state, local and/or private funding sources and mechanisms, such as Certified Local Government Program, Mills Act Contracts, and the state Historic Building Code; 1) Recommend to the city council programs that confer recognition upon the owners of designated historic resources; and m) Encourage public understanding and involvement in historic and architectural heritage. Section 8. That Chapter 30 (Places of Historical and Architectural Significance) be amended to read as follows: Sec. 30-1. - Register of historical properties. The planning commission may, by resolution and at a noticed public hearing, designate as historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in section 30-2. The commission secretary shall maintain a register which shall consist of copies of each such resolution and which shall be known as the city register of historical properties. The planning commission may at any time repeal, revise, or modify any such resolution upon reconsideration of the historical or architectural importance of the places therein described. Ordinance No. NS-XXXX Page y ouncil 20 — 5 7/7/2026 Sec. 30-1.5. - Definitions. Certificate of appropriateness means the method by which the planning commission approves modifications to a historic property pursuant to section 30-6. Dangerous building shall have the same definition as the Uniform Code for the Abatement of Dangerous Buildings which may from time to time be amended. Historic property shall include a building, structure, object or site designated as having historical significance and listed on the federal, state or local register of historical properties, as well as those contributing properties located in an historic district. Local historic district means a collection or group of historic properties within a defined area. Modification means any change, alteration, restoration, remodeling, rehabilitation, construction, or relocation of the physical exterior of a historic structure. Modification shall not include painting. Register of historical properties means the official list of historic properties in the city. Sec. 30-2. - Criteria for selection. (a) Any person or group may request a building, or part thereof, structure, object or site, to be designated to be included on the city register of historical properties (called "register" in this section). The applicant must submit documentation that demonstrates how the nominated building, structure, object or site satisfies the criteria for designation. A building, structure, object, or site may be designated for inclusion on the register if the building, structure, object or site is fifty (50) or more years old and if the commission finds that one (1) or more of the following conditions are met: (1) Buildings, structures or objects with distinguishing characteristics of an architectural style or period, that exemplify a particular architectural style or design features; (2) Works of notable architects, builders, or designers whose style influenced architectural development; (3) Rare buildings, structures, or objects or original designs; (4) Buildings, structures, objects or sites of historical significance which include places: a. Where important events occurred; b. Associated with famous people, original settlers, renowned organizations and businesses; c. Which were originally present when the city was founded; or Ordinance No. NS-XXXX City Council 20 — 6 VMr2g3 d. That served as important centers for political, social, economic, or cultural activity. (5) Sites of archaeological importance; (6) Buildings or structures that were connected with a business or use which was once common, but is now rare. (b) The owner of a property(s) must be notified of its nomination upon receipt of an application by the planning and building agency. Upon adoption and placement of the property on the register, the resolution of designation shall be recorded with the county recorder's office pursuant to California Public Resources Code section 5029, as it may be amended from time to time. Sec. 30-2.1. - Criteria for selection; exceptions. A building, structure, object or site less than fifty (50) years old may be nominated provided that it can be proven to be of exceptional significance as outlined in subsections 30-2(a)(1)—(6). Sec. 30-2.2. - Categorization. The planning commission shall, by resolution and at a duly noticed public hearing, place all buildings, structures, objects, or sites on the city register of historical properties in one (1) of the following categories based upon the criteria for each category: (1) Landmark category. a. The building, structure, object or site is on the national register or appears to be eligible to be placed on the register; or b. The building, structure, object or site is on the state register or appears to be eligible to be placed on the register; or c. The building, structure, object or site has an historical/cultural significance to the city; or d. The building, structure, object or site has a unique architectural significance. (2) Key category. a. The building, structure, object or site has a distinctive architectural style and quality; or b. The building, structure, object or site is characteristic of a significant period in the history of the city; or c. The building, structure, object or site is associated with a significant person or event in the city. (3) Contributive category. The building, structure, object or site contributes to the overall character and history of a neighborhood or district and is a good example of period architecture. Ordinance No. NS-XXXX Page rR ity ouncil 20 — 7 7/7/2026 The planning commission may after a duly noticed public hearing revise, or modify any such categorization upon reconsideration of the historical or architectural importance of the places therein described. Sec. 30-2.3. - Removal from the city register of historical properties. (a) Any owner of a historic property may apply to the city for removal from the city register of historical properties. The planning commission shall by adoption of a resolution, following a duly noticed public hearing, remove the historic property from the city register of historical properties if the historic property meets one or more of the following: (1)The building, structure, object or site does not meet the criteria for being placed on the city register of historical properties; or (2) Discovery of information subsequent to placement on the register of historical properties regarding the significance of the building, structure, object or site, such that the criteria for placement on the city register of historical properties is not met; or (3) The building, structure, object or site has been substantially damaged or destroyed by a catastrophic event such that it no longer meets the criteria for placement on the city register of historical properties; or (4) There has been a loss of the integrity of the building, structure, object or site, provided the loss of integrity was not the result of any illegal act or willful neglect by the owner or agent of the owner; or (5) The owner proves that he/she would have no economically viable use of the property unless the building, structure, object or site is removed from the register of historic properties. (b) The planning commission shall give notice of its decision, which shall be final unless timely appealed pursuant to section 30-8. Sec. 30-2.4. - Same—Filing fees. Every application under this chapter to designate a building, or part thereof, structure, object or site for inclusion on the city register of historical properties or appeal to the city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee, except that all governmental agencies are exempt from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged, a copy of which shall be maintained in the office of the planning department. Sec. 30-3. - Application of state historical building code. Any building or structure designated as having historical or architectural importance by inclusion in the city register of historical properties shall be deemed a "qualified historical building or structure" for purposes of applying the state historical building code, as set forth in Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code of the State of California and Part 8 of Title 24 of Ordinance No. NS-XXXX City Council 20 — 8 7��/e2 3 the California Administrative Code. The city's building official is authorized to apply the said state historical building code to any such building or structure. Sec. 30-4. - Local historic districts. (a) The planning commission, after public hearing noticed and held in the manner prescribed by Section 37628 of the Health and Safety Code of the state, may, recommend that the city council designate an area within the city as a local historic district. (b) A local historic district shall be designated only if it meets one or more of the following standards: (1) The area constitutes a distinct section of the city and has special character, historical, architectural, or aesthetic interest and value. (2) The area provides significant examples of architectural values of the past or landmarks in the history of architecture. (3) The area serves as a reminder of past eras, events, or persons important in the history of the city, the county, the state or the United States of America or illustrates past living styles for future generations to observe, study, or inhabit. (4) The area is the site of a historically or culturally significant ground, garden, or object. (c) The city council, after receiving the recommendation from the planning commission, may by resolution designate the recommended area as a local historic district. At the time of the creation of the local historic district, the city council may adopt design guidelines for the district. Sec. 30-5. - Historical rehabilitation financing program. The standards set forth in sections 30-2 and 30-4 shall constitute criteria for selection of historical properties eligible for financing and criteria for the selection of historical rehabilitation areas, pursuant to the provisions of the Marks Historical Rehabilitation Act of 1976, as set forth in Part 10 (commencing with Section 37600) of Division 24 of the Health and Safety Code of the State of California, for the purposes of any historical rehabilitation financing program which may be undertaken pursuant to that act by the City of Santa Ana or the community redevelopment agency of the City of Santa Ana. Sec. 30-6. - Modification of historic properties. (a) No exterior physical modifications, other than those identified by the planning commission for administrative approval by city staff, shall be permitted with respect to an historic structure until the planning commission approves such request at a duly noticed public hearing and issues a certificate of appropriateness. The planning commission shall issue the certificate of appropriateness upon finding that the proposed modification(s) does not substantially change the character and integrity of the historic property. The minutes of the planning commission meeting shall serve as the official record. Ordinance No. NS-XXXX Page City ouncil 20 — 9 7/7/2026 (b) An application for exterior modification of a historic structure shall be accompanied, except for those subject to administrative approval by city staff pursuant to subsection (a), by payment of an application fee set in such amounts as shall be established by resolution of the city council. (c) The building official may determine a historic property is a dangerous building. Modifications as determined necessary by the building official to correct the dangerous building shall not require a certificate of appropriateness. Modifications shall be consistent with the overall architectural design and historic character of the structure and blend in with the surrounding environment. (d) The planning commission may impose and/or recommend conditions of approval deemed reasonable and necessary on applications that are subject to review and approval or recommendation by the planning commission. Sec. 30-7. - Demolition of historic properties. (a) An application of intent to demolish an historic property shall be submitted to the planning and building agency. At a duly noticed public hearing, the planning commission must review all applications for demolition permits for historic properties. The commission shall investigate all feasible alternatives to demolition. These alternatives include, but are not limited to: (1) Seeking private citizens, local trusts, and other financial sources who may be willing to purchase the structure for restoration or relocation. (2) Publicizing the availability of the structure for purchase for restoration or relocation purposes. (3) Exploring possible sites for relocation of the historic building if on-site preservation is not possible. Any structure relocated under this section shall not require a residential relocation permit, pursuant to section 41-620 of this Code. (4) Suggesting to the city council that the city purchase the structure when private preservation or relocation is not feasible. (b) All of the above items are to be completed within two hundred and forty (240) days from the date of application submittal. After two hundred and forty (240) days, or at the conclusion of the environmental review period, whichever is longer, a demolition permit must be issued. Prior to the issuance of the demolition permit, the applicant shall provide, to the reasonable satisfaction of the commission, and at the applicant's sole cost, complete photo-documentation of archival quality and historical profile of the structure to be demolished, prior to the scheduling of the demolition. (c) The building official may determine a historic property is a dangerous building. Such determination allows the waiver of planning commission review and the required review period for demolition if the historic property is declared a dangerous building. Ordinance No. NS-XXXX City Council 20 — 10 7��/e2 3 Sec. 30-8. - Appeals from decisions of planning commission. (a) An appeal from a decision or requirement of the planning commission may be made by any interested party, individual or group. (b) Any appeal made under the terms of this section shall be made within ten (10) calendar days following the date of the decision by the planning commission, and shall be accompanied by payment of an appeal fee set in such amounts as shall be established by resolution of the city council. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the decision by the planning commission. If such tenth calendar day ends on a Saturday, Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the next regular business day. The formal action by the planning commission shall become effective on the day following the first regularly scheduled council meeting after the ten-day appeal period, unless the city council, in compliance with section 41-643, section 41-644 or section 41-645, holds a public hearing on the matter, then the decision of the city council will become effective on the day following the hearing and decision by the city council. (c) All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the commission. Furthermore, a copy of such appeal shall be filed with the planning department and the city clerk. (d) Upon receipt of such appeal, the planning department shall set the matter for hearing by the council. (e) All appeals shall be heard in the same manner as prescribed for the original hearing. (f) Upon filing of an appeal, the planning department shall forward to the city clerk a copy of the written findings, maps, papers and exhibits upon which the decision of the planning commission was based. (g) The council may, after public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the city clerk, and the city planning department; one (1) copy thereof shall be sent to the applicant. Sec. 30-9-30-24. - Reserved. Section 9. That Section 30-27 (Authority) of Division 1 of Chapter 30 shall be amended to read as follows: Sec. 30-27. - Authority. The planning commission reviews and forwards recommendations for historic property preservation agreements to the city council for consideration. Ordinance No. NS-XXXX Page ity ouncil 20 — 11 7/7/2026 Section 10. That Section 33-185 of Article VII of Chapter 33 of the Santa Ana Municipal Code be amended to read as follows: Sec. 33-185 — Street tree species to be planted. The following list constitutes the official street tree species for the City of Santa Ana. Species other than those included in this list may be planted as street trees with the consent from the executive director of public works. COMMON NAME BOTANICAL NAME CATEGORY I* -Queen Palm •Arecastrum -Crape Myrtle •romanzoffianum •Lagerstroemia indica CATEGORY II** -Australian Willow •Geijera parviflora -New Zealand Christmas •Metorsiderso excelsus •Bradford Pear •Pyrus calleryanan -Lavender Bloom •Tabebuia ipe CATEGORY IIIt -Peppermint Tree •Agonis flexuosa -Bottle Tree •Brachychiton populneus -Modesto Ash •Fraxinus velutina -Jacaranda -Jacaranda mimosifolia -Magnolia-Samuel -Magnolia grandiflora -Summers •Pinus canariensis -Canary Island Pine •Platanus acerifolia -Sycamore, London •Platanus racemosa -Plane •Quercus ilex -Sycamore, California •Quercus agrifolia -Oaks, Holly •Tristania conferta -Oaks, Coastal Live Oak -Cassia leptophylla -Brisbane Box -Gold Medallion Tree CATEGORY IVJ -Camphor Trees •Cinnamomum camphora -Tulip Tree •Liriodenfron Tulipifera -Chinese Elm •Ulmus Parvifolia * 2'/,4 Foot Parkways * 4-5 Foot Parkways t 5-8 Foot Parkways $ 8 Foot or Larger Parkways Section 11. That Section 41-653 of Division 1 of Article V of Chapter 41 of the Santa Ana Municipal Code be, and the same is hereby, amended to read, in its entirety: Ordinance No. NS-XXXX City Council 20 — 12I/ 3 Sec. 41-653. - Same—Review. (a) Executive director review. An application for reasonable accommodation shall be reviewed by the executive director of the planning and building agency, or his or her designee, as appropriate. (b) Decision. Within sixty (60) days of acceptance of the application as complete, the executive director shall issue a written decision to grant, grant with modifications, or deny an application for reasonable accommodation in accordance with section 41-654 and shall notify the applicant of the decision. The written decision shall explain in detail the basis of the decision, including the executive director's findings on the factors stated in section 41-654. If necessary to reach a determination on the request for reasonable accommodation, the executive director may request additional information from the applicant consistent with the Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, specifying in detail the information that is required. If a request for additional information is made, the sixty-day period to issue a decision is stayed until the applicant responds to the request. (c) Referral to other reviewing authority. The executive director shall have the authority, upon his or her sole discretion, to refer any reasonable accommodation application to any other reviewing authority, including, but not limited to, the planning commission or the zoning administrator to review the reasonable accommodation application and make a determination on the same in accordance with the applicable sections. Section 12. That Table 1 A of Division 1 of Article XIX of Chapter 41 of the Santa Ana Municipal Code be amended to read as follows: Ordinance No. NS-XXXX Page I IF ity d6uncil 20 — 13 7/7/2026 REVIEW PROCESS OVER TICCOUNTER REVTA DEVELOPMENT PLAN REVIEW ............By"GKT............ ................................................... BY DISCPtTDqM ACTION .................................................... 7—14 1—IA --- I CUP AND—'�' —I—MOM-- 1.q -TgNI TO-- APPLIrATION ft O[*XUAW[ WECTFOCUPUUS MYNANas ZCN14GCODE MTN APPLCABU STANDAWS TRACT NAPS I PROPERTIES ZONE OOMAS GENERAL PLAN AWNOWNTS A—" 1—MIL PLANW4G COWAISSION Planning C)mmissio AU111M TY E CTTYCOLV' FPflA1T 11.E11 L Section 13. If any section, subsection, sentence, clause or phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause or phrase or portion thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase or portions be declared invalid or unconstitutional. Section 14. This ordinance shall become effective thirty (30) days after its adoption. Ordinance No. NS-XXXX City Council 20 - 14 13 Section 15. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this _ day of July, 2026. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: iaw'o- Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on July , 2026. Date: Jennifer L. Hall City Clerk City of Santa Ana Ordina+a^^ "'^ " I XXXX Page 1�WGouncll 20 — 15 7/7/2026 City Clerk's Office 71 www.santa-ana.org/cityclerk Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Voting Delegate for Cal Cities 2026 Annual Conference General Assembly AGENDA TITLE Designate a Voting Delegate and up to Two Alternates for League of California Cities (Cal Cities) 2026 Annual Conference General Assembly RECOMMENDED ACTION Designate a voting delegate and up to two alternates for the Cal Cities Annual Conference General Assembly on Friday, September 25, 2026. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The League of California Cities (Cal Cities) 2026 Annual Conference and Expo is scheduled to take place in Anaheim, California, September 23 — 25, 2026. Of particular significance at the conference is the General Assembly Meeting, where Cal Cities provides member cities, like the City of Santa Ana, an opportunity to consider and act on resolutions that establish Cal Cities policy. Cal Cities bylaws indicate that each city is entitled to one vote to take a position on matters affecting municipal or Cal Cities policy. To expedite the conduct of business, every city is required to designate a voting representative and up to two alternates who will represent the City at the League General Assembly (Exhibit 1). These designations must be made by City Council action prior to September 1, 2026. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. League of California Cities Correspondence — Designation of Voting Delegates and Alternates City Council 21 — 1 7/7/2026 Voting Delegate for Cal Cities 2026 Annual Conference General Assembly July 7, 2026 Page 2 Submitted By: Jennifer L. Hall, City Clerk Approved By: Alvaro Nunez, City Manager City Council 21 — 2 7/7/2026 LEAGUE OF CALIFORNIA CITIES Council Action Advised by September 1, 2026 DATE: Wednesday, May 13, 2026 TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference and Expo, Sept. 23-25, 2026 Anaheim Convention Center Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy. Taking place on Friday, Sept. 25, 2026 the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions. To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official. Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. Following council action, please submit your city's delegates through the online submission portal by Tuesday, Sept. 1, 2026. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates. Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration opens June 2. For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and LEAGUE OF CALIFORNIA CITI ES alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly. Please view Cal Cities' event and meeting policy in advance of the conference. Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official. Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. The voting delegate desk, located in the conference registration area of the Anaheim Convention Center, will be open at the following times: Wednesday, Sept. 23, 8:00 a.m.-6:00 p.m. and Thursday, Sept. 24, 7:30 a.m.-4:00 p.m. On Friday, Sept. 25, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for submitting your voting delegate and alternates by Tuesday, Sept. 1 . If you have questions, please contact Zach Seals at zseals@cal cities.org. Attachments: • General Assembly Voting Guidelines • Information Sheet: Cal Cities Resolutions and the General Assembly City Coun 7/7/2026 46 LEAGUE OF CALIFORNIA CITIES General Assembly Voting Guidelines 1 . One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy. 2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate. 6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. 7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly. City Coun •• K Street, - 400 - 8200 - calcities.org 7/2026 LEAGUE OF How it works: Cal Cities CALIFORNIA CITIES Resolutions and the General Assembly PriorDeveloping League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice.These policies directly guide Cal Cities' advocacy to promote local decision-making, and lobby against statewide policies that erode local control. The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here's how resolutions and the General Assembly work. - Annual Conference and Who's who Cal Cities policy General Resolutions Policy Committees development is a member- Sixty days before the • • • The Cal Cities informed process, Annual Conference President assigns grounded in the voices and and Expo, Cal Cities • • • general resolutions experiences of city officials members may submit to policy committees throughout the state. policy proposals on where members issues of importance review, debate, and recommend The Resolutions Committee to cities. The resolution must positions for each policy proposal. includes representatives have the concurrence of at least Recommendations are forwarded from each Cal Cities five additional member cities or to the Resolutions Committee. diversity caucus, regional individual members. division, municipal department, and policy ir committee, as well as individuals appointed by the Cal Cities president. Petitioned Resolutions Resolutions Committee The petitioned • • • The Resolutions Voting delegates resolution is an Committee considers are appointed by each alternate method • • • all resolutions. General member city; every city to introduce policy Resolutions approved' by has one voting delegate. proposals during either a policy committee the annual conference. The or the Resolutions Committee are next The General Assembly is a petition must be signed by considered by the General Assembly. meeting of the collective voting delegates from 10% of General resolutions not approved, or body of all voting member cities, and submitted to referred for further study by both a delegates—one from the Cal Cities President at least policy committee and the Resolutions every member city. 24 hours before the beginning Committee do not go to the General of the General Assembly. Assembly.All Petitioned Resolutions Seven policy committees are considered by the General meet throughout the year Assembly, unless disqualified.2 to review and recommend positions to take on bills and regulatory proposals. Policy committees include General Assembly members from each Cal • m Duringthe General Assembly, votingdelegates Cities diversity caucus, �•�• •�•' '' y' g Tonal division, and •aaa�a• debate and consider general and petitioned regional �•�• •�••� resolutions forwarded by the Resolutions municipal department, Committee. Potential Cal Cities bylaws as well as individuals amendments are also considered at this meeting. appointed by the Cal Cities president. The Resol Petitionece#IL(DOUTMj�e disqualified by the Resolutions Committee occording21Crul®ties Bylaws Article A.Sec.5(f). 7/7/2026 For more information visit www.calcities.org/general-assembly City Manager's Office 71 www.santa-ana.org/cm Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 7, 2026 TOPIC: Consider Ballot Measure to Remove Sunset on Local Sales Tax AGENDA TITLE Consider Ballot Measure to Remove Sunset on Local Sales Tax RECOMMENDED ACTION 1. Adopt a Resolution calling for the placement of a measure on the November 3, 2026 General Municipal Election ballot to remove the rate reduction and sunset on the local general sales transactions measure in Santa Ana. RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 3, 2026 AND CALLING FOR THE PLACEMENT ON THE BALLOT OF A MEASURE FOR SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING THE LOCAL GENERAL TRANSACTIONS AND USE TAX TO REMOVE THE RATE REDUCTION AND THE SUNSET PROVISION 2. Adopt a Resolution authorizing written arguments for or against the above- referenced measure. RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 3, 2026 GENERAL MUNICIPAL ELECTION REGARDING AMENDING THE LOCAL GENERAL TRANSACTIONS AND USE TAX TO REMOVE THE RATE REDUCTION AND THE SUNSET PROVISION GOVERNMENT CODE 484308 APPLIES: No DISCUSSION On November 6, 2018, the City's voters approved Measure X to impose a local 1.5-cent transactions and use tax (referred to as local sales tax) which became effective April 1, City Council 22 — 1 7/7/2026 Consider Ballot Measure to Remove Sunset on Local Sales Tax July 7, 2026 Page 2 2019. The voter-approved local sales tax Ordinance includes a rate decrease to 1-cent on April 1, 2029, and a complete sunset on April 1, 2039. Annual local sales tax collection peaked at $86.8 million in FY22-23 and has been decreasing towards an expected collection of$82.8 million in FY25-26. Local sales tax has funded park maintenance, graffiti removal, pothole repairs, 911 response, homelessness mitigation, City streets and sidewalks repairs, and much more. Local sales tax is an important revenue source for the City, as it currently accounts for 20% of the General Fund budget. There are 3 other cities in Orange County with a local sales tax add-on of 1.50% resulting in a total 9.25% sales tax rate: Los Alamitos (no sunset), Seal Beach (no sunset), and Westminster (1.00% sunsets in 2043 and 0.50% has no sunset). Cities in Los Angeles County have much higher sales tax rates, as the base countywide rate is 9.75%. Examples of cities with high rates include Long Beach (10.50%), Pasadena (10.50%), Santa Monica (10.75%), and Torrance (10.25%). On March 17, 2026, City Council approved the staff recommendation to prepare public information materials regarding local sales tax, develop a November 2026 ballot measure to eliminate the local sales tax rate reduction and sunset, and to conduct a tracking survey. The City's survey and ballot measure consultant worked with staff to prepare public information materials available in three languages on the City's website at: https://www.santa-ana.org/localfunding/. The tracking survey was conducted at the end of May with 508 completed surveys. The complete report is attached at Exhibit 3. Tracking-survey results vs. the December survey results follow. December 2025 Survey Tracking Survey Initial ballot test 64% definitely or probably 64% definitely or probably es yes After presenting positive 67% definitely or probably 64% definitely or probably arguments, ballot retest yes yes After presenting negative 63% definitely or probably 61% definitely or probably arguments, ballot retest yes yes A resolution with the proposed November 2026 ballot measure and Ordinance is attached to this staff report as Exhibit 1. The proposed November 2026 ballot measure to maintain the 1.5% local sales tax rate permanently requires a simple majority vote to pass. City Council 22 — 2 7/7/2026 Consider Ballot Measure to Remove Sunset on Local Sales Tax July 7, 2026 Page 3 Staff recommends the City Council adopt the proposed Resolution to ask Santa Ana voters to decide whether the rate reduction and sunset should be eliminated from the local sales tax. Additionally, Elections Code Section 9280 provides that the legislative body may direct the city elections official to transmit a copy of the Measure to the city attorney. The city attorney shall prepare an impartial analysis of the Measure showing the effect of the measure on the existing law and the operation of the Measure. The analysis shall be printed preceding the arguments for and against the Measure. The analysis shall not exceed 500 words in length. Pursuant to the requirements at Section 9282 of the California Elections Code, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure. In addition, Elections Code Section 9285 provides that the author or a majority of the authors of an argument relating to the Measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument. Any rebuttal statement shall be filed no later than ten (10) days after the final filing date for the primary argument. The second resolution provides City Council the ability to designate a member or members to author and file an argument in favor or against the Measure on behalf of the City Council. Arguments will be due no later than 5:00 P.M. on Monday, July 20, 2026. Rebuttal arguments will be due no later than 5:00 P.M. on Thursday, July 30, 2026. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The estimated election cost for the proposed ballot measure is up to $17,000. If City Council approves the staff recommendation, FY25-26 expenditure savings will be recommended for carryover to FY26-27 to fund the election cost at 01107031-62300. EXHIBIT(S) 1. Proposed Resolution to Place Measure on Ballot 2. Proposed Resolution Authorizing Written Arguments 3. True North Summary Report for Tracking Survey dated June 2026 Submitted By: Kathryn Downs, Assistant City Manager Approved By: Alvaro Nunez, City Manager City Council 22 — 3 7/7/2026 RESOLUTION NO. 2026-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 3, 2026 AND CALLING FOR THE PLACEMENT ON THE BALLOT OF A MEASURE FOR SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING THE LOCAL GENERAL TRANSACTIONS AND USE TAX TO REMOVE THE RATE REDUCTION AND THE SUNSET PROVISION WHEREAS, pursuant to California Elections Code Section 9222, the City Council has authority to place measures on the ballot to be considered at a General Municipal Election; and WHEREAS, pursuant to the law of the State of California, the City Council has, by Resolution No. 2026-021, called and ordered to be held in the City of Santa Ana, California, on Tuesday, November 3, 2026, a General Municipal Election; and WHEREAS, Revenue and Taxation Code Section 7285.9 authorizes the City of Santa Ana ("City"), subject to approval by a majority vote of the qualified voters of the City voting in an election on the issue, to levy a transactions and use tax pursuant to the Transactions and Use Tax Law at a rate of 0.125% or any multiple thereof for general purposes and projects; and WHEREAS, Section 2(b) of Article XIII C of the California Constitution, added by Proposition 218 effective November, 1996, requires that the measure proposing a general tax be submitted to the voters at an election consolidated with a regularly scheduled general election for members of the governing body of the local government; and WHEREAS, On November 6, 2018, Santa Ana voters approved Measure X to impose a local transactions and use tax rate of 1.5% that became effective on April 1, 2019, decreasing to 1.0% on April 1, 2029, and fully sunsetting on April 1, 2039; and WHEREAS, the City of Santa Ana desires to ask its voters to make the local transactions and use tax permanent at 1.5%, with no rate reductions, to preserve service levels; and WHEREAS, pursuant to California Constitution Article XIII C, Section 2 and Elections Code Section 10201, the City has determined to submit a proposition to the voters at the next regular election to amend the previously enacted ordinance approved by the voters to remove the rate reduction from 1.5% to 1% which was to be effective April 1, 2029 and to remove the sunset provision (April 1, 2039)from the local transactions and use tax. City Council 22 — 4 7/7/2026 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The City Council hereby finds and determines that the foregoing recitals are true and correct and are hereby incorporated by reference. Section 2. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters and the City Council of the City of Santa Ana desires, on its own motion, to submit to the voters of the City the following question at the General Municipal Election to be held on November 3, 2026 regarding a proposed amendment to the previously adopted Transactions and Use Tax in Chapter 35 of the Santa Ana Municipal Code: MEASURE # : SANTA ANA STREETS, PUBLIC SAFETY, Yes ESSENTIAL CITY SERVICES MEASURE To maintain city services, such as fixing potholes; keeping streets, sidewalks, parks, and playgrounds safe and clean; removing graffiti and litter; providing fire protection, paramedic, crime prevention, and No 911 emergency response, shall City of Santa Ana's ordinance be amended to maintain the 1.5 cent sales tax without sunset providing approximately $84,000,000 annually for services until ended by voters, with independent audits, resident oversight, and all money locally controlled? Section 3. That the text of the Ordinance amendment to be submitted to the voters is attached to this Resolution as Exhibit A and incorporated herein by this reference ("Ordinance"). Section 4. Should said measure be approved by the requisite vote, a majority of the votes cast on it at the election, the Ordinance amendment attached hereto as Exhibit A and incorporated by this reference shall be enacted. Section 5. That pursuant to Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Ordinance to the City Attorney to prepare an impartial analysis of the Ordinance which shall not exceed 500 words in length. The impartial analysis shall show the effect of the Ordinance on existing law and the operation of the Ordinance. It shall also include a statement indicating whether the Ordinance was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. The impartial analysis shall be filed no later than the deadline for direct arguments. City Council 22 — 5 7/7/2026 Section 6. In accordance with Sections 10002 and 10403 of the Elections Code, the Board of Supervisors of Orange County is hereby requested to consent to the Registrar of Voters rendering election services to the City as may be requested by the City Clerk of said City, the County of Orange to be reimbursed in full for such services as are performed. The Board of Supervisors of Orange County is also requested to consent and agree to the consolidation of the General Election with any other election occurring on November 3, 2026, and the City hereby consents to any such consolidation and to hold and conduct the consolidated election in the manner prescribed in Election Code Section 10418. Section 7. The election services which the City requests of the Registrar of Voters, or such other official as may be appropriate to perform, and which such officer is hereby authorized and directed to perform if the said Board of Supervisors consents, include: the preparation, printing, and mailing of sample ballots and voter information guides; the establishment or appointment of precincts, voting centers, and election officers; opening and closing of voting centers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths, and other necessary supplies or materials for voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk; and the performance of such other election services as may be requested by said City Clerk. Section 8. That the polls for the election shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to California Elections Code Section 10242 and Section 14212, except as provided in California Elections Code Section 14401 or any other provision of law. The precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote-by-mail procedures and timing, and election officers, an all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Orange. Section 9. All persons qualified to vote at municipal elections in the City on the day of the election herein provided for shall be qualified to vote on the Ordinance hereby submitted at the General Municipal Election. Section 10. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding general municipal elections in the City. Section 11. Notice of the time and place of holding the General Municipal Election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in the time, form and manner as required by law. Section 12. The City Clerk shall receive the canvass as it pertains to the General Municipal Election, and shall certify the results to this City Council, as required by law. City Council 22 — 6 7/7/2026 Section 13. If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other provision or applications, and to this end the provisions of this Resolution are declared to be severable. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional. Section 14. Pursuant to California Elections Code Section 9295, this Resolution and the attached Ordinance will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. Section 15. This Resolution shall take effect immediately upon its adoption by a majority of the City Council. Section 16. The City Clerk of the City of Santa Ana is hereby directed to certify to the passage and adoption of this Resolution and to file a certified copy of this Resolution with the Board of Supervisors of Orange County and the Registrar of Voters of Orange County at least eighty-eight (88) days before the date of the election. ADOPTED this day of July, 2026. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:Luy'o- Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers City Council 22 — 7 7/7/2026 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on July , 2026. Date: Jennifer L. Hall City Clerk, Elections Official City of Santa Ana City Council 22 — 8 7/7/2026 EXHIBIT A ORDINANCE NO. NS--XXXX MEASURE " " AN ORDINANCE OF THE PEOPLE OF THE CITY OF SANTA ANA AMENDING PORTIONS OF ARTICLE VII OF CHAPTER 35 OF THE SANTA ANA MUNICIPAL CODE RELATED TO A PREVIOUSLY ADOPTED TRANSACTIONS AND USE TAX ALREADY ADMINISTERED BY THE STATE BOARD OF EQUALIZATION The People of the City of Santa Ana do ordain as follows: SECTION 1. Authority. The People of the City of Santa Ana hereby adopt this ordinance amending portions of Article VII of Chapter 35 of the Santa Ana Municipal Code modifying a previously adopted Transactions and Use Tax in accordance with the authority granted to cities by Article XI, Section 7 of the California Constitution and Section 7285.9 of the California Revenue and Taxation Code (underlined language is added and stricken language is deleted in StFiketh rough.) SECTION 2. Section 35-204 of Article VII of Chapter 35 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 35-204. - Imposition of transactions and use tax—Rate. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the city at the rate of one and one half cents (1.5) of any gross receipts of the retailer from the sale of all tangible personal property sold at retail in the city on and after the operative date of this article ur` t-01 Marsh 39 `�!1cvz9 and then At th,_z Ka}o nee GeR /�T it Marsh 3 I 2039. SECTION 3. Section 35-206 of Article VII of Chapter 35 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 35-206. - Imposition of use tax—Use tax rate. An excise tax is hereby imposed on the storage, use, or other consumption in the city of tangible personal property purchased from any retailer on or after the operative date of this article, at the rate of one and one-half cents (1.5) of the sales price of the property subject to the tax URtil MaFGh 31, 2n'�d-then at the rate e GRe GeR sales Prino of the propertybjeGttG he tax unto! MaFGh 31 2039. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. City Council 22 - 9 7 6 SECTION 4. Section 35-213 of Article VII of Chapter 35 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 35-213. —Reserved. effnination SECTION 5. Section 35-217 of Article VII of Chapter 35 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 35-217. — Reserved. S inset nroiioion OR MaTGh 31, 2029, the rate of ono and ono half con�'1 5) will be roeaccdtO epeent (1)unto! MaFGh 31, 2039# r a-tetalef twenty (20) years. SECTION 6. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance. The People of the City of Santa Ana hereby declare that they would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced. SECTION 7. Pursuant to California Elections Code section 9222, this Ordinance must be approved by a majority of the eligible voters of the City of Santa Ana voting at the General Municipal Election of November 3, 2026. SECTION 8. This Ordinance shall become effective ten days (10) days after the City Council has certified the results of the General Municipal Election by resolutions. SECTION 9. Following the City Clerk's certification that the citizens of Santa Ana have approved this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall cause the same to be entered in the book or original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law. PASSED, APPROVED, and ADOPTED by the People of the City of Santa Ana this 3rd day of November, 2026. Mayor City Council 22 — 10 7ffl2bJ6 ATTEST: City Clerk City Council 22 — 11 7 6 RESOLUTION NO. 2026-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 3, 2026 GENERAL MUNICIPAL ELECTION REGARDING AMENDING THE LOCAL GENERAL TRANSACTIONS AND USE TAX TO REMOVE THE RATE REDUCTION AND THE SUNSET PROVISION WHEREAS, a General Municipal Election of the City of Santa Ana will be held on November 3, 2026, at which there will be submitted to the qualified electors of the City a ballot measure related to whether to amend the local general transactions and use tax to remove the rate reduction and the sunset provision ("the Measure"); WHEREAS, pursuant to the requirements at Section 9282 of the Elections Code of the State of California, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure; and WHEREAS, pursuant to Elections Code Section 9285, the author or a majority of the authors of an argument relating to the Measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument. Any rebuttal statement shall be filed ten (10) days after the primary argument. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, declares, and determines that, to the extent the City Council determines that, members of the City Council would like to author an argument in favor or against the Measure, the following member(s) of its body are authorized to file written arguments in favor of or against the Measure: Member Name In Favor: Against: 1. 2. 3. Section 2. The City Council, as the legislative body of the City of Santa Ana, hereby authorizes the City Clerk to give preference and priority to any member or members of the City Council (up to five members), then to voters as set forth in California Elections Code Section 9287, to file a written argument in favor of or against the Measure set forth above, and to change said argument until and including Monday, July 20, 2026, after which no arguments for or against said City Measure may be submitted. Arguments in favor of or against the measure shall not exceed 300 words. nn,)c vvv City Council 22 — 12 PaWA2026 Section 3. The City Council of the City of Santa Ana also finds that pursuant to Elections Code Section 9285, a rebuttal statement may be filed not to exceed 250 words until and including Thursday, July 30, 2026. Section 4. The argument(s) shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, The arguments shall be accompanied by the Form of Statement to be filed by the authors of the argument as provided for in Elections Code Section 9600. Section 5. The City Council for the City of Santa Ana finds that if more than one argument for or against the measure is submitted to the City Clerk within the time prescribed, the City Clerk shall give preference and priority, in the order set forth in Elections Code Section 9287, to the arguments in favor/against submitted by 1) the legislative body, or member(s) of the legislative body authorized by that body, 2) bona fide associations of citizens, 3) individual voters who are eligible to vote on the measure. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this day of July, 2026. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Naw'o- Laura A. Rossini Chief Assistant City Attorney nn')c vvv City Council 22 — 13 PaW�2026 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify that the attached Resolution No. 2026-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on July 2026. Date: Jennifer L. Hall City Clerk, Elections Official City of Santa Ana nn')c vvv City Council 22 — 14 PaW�2026 1 MEASURE X RENEWAL SUMMARY REPORT FOR TRACKING SURVEY PREPARED FOR THE CITY OF SANTA ANA v JUNE 2026 T T r� IL T i n "o T T i co_-) m r--..r u,�..., in i �� A �T �� G U 1 rl I ENCINITAS CA 92024 10"ll R E S E A R C H 760.632.9900 WWW.TN-RESEARCH.COM City Council 22 — 16 7/7/2026 T A B L E O F C O N T E N T S Table of Contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i Listof Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii Listof Figures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Motivation for Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Overview of Methodology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Organization of Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Disclaimer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 About True North. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 KeyFindings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Quality of Life & City Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Quality of Life. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Question2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Changes to Improve Santa Ana. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Question3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Overall Performance Rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Question4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Initial Ballot Test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Question5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Support by Subgroups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Reasons For Not Supporting Measure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Question6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Projects & Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Question7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Service Ratings by Initial Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Positive Arguments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Question8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Top Positive Arguments by Initial Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Interim Ballot Test. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Question9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Support by Subgroups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Negative Arguments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Question10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Top Negative Arguments by Initial Support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 FinalBallot Test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Question11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Changein Support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Background & Demographics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Methodology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Questionnaire Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Programming, Pre-Test & Translation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Sample. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Statistical Margin of Error. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Recruiting & Data Collection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Data Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Rounding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Questionnaire & Toplines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 64Y 1�004f a Ana 2-?rud North Research, Inc. L I S T O F T A B L E S Table 1 Demographic Breakdown of Support at Initial Ballot Test. . . . . . . . . . . . . . . . . . . . 12 Table 2 Top Projects & Services by Position at Initial Ballot Test. . . . . . . . . . . . . . . . . . . . . 15 Table 3 Top Positive Arguments by Position at Initial Ballot Test . . . . . . . . . . . . . . . . . . . . 18 Table 4 Demographic Breakdown of Support at Interim Ballot Test . . . . . . . . . . . . . . . . . . 20 Table 5 Negative Argument by Position at Initial Ballot Test. . . . . . . . . . . . . . . . . . . . . . . . 22 Table 6 Demographic Breakdown of Support at Final Ballot Test . . . . . . . . . . . . . . . . . . . . 24 Table 7 Movement Between Initial & Final Ballot Test. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Table 8 Demographics of Sample . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 64Y C-40504fa Ana 2-?rud$North Research, Inc. L I S T O F F I G U R E S Figure 1 Quality of Life by Study Year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Figure 2 Quality of Life by Years in Santa Ana, Child in Hsld & Home Ownership Status . . . . 7 Figure 3 Quality of Life by Age, Survey Language & Gender . . . . . . . . . . . . . . . . . . . . . . . . . 7 Figure 4 Changes to Improve City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Figure 5 Overall Satisfaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Figure 6 Overall Satisfaction by Years in Santa Ana, Child in Hsld & Quality of Life . . . . . . . . 9 Figure 7 Overall Satisfaction by Homeowner on Voter File, Age, Survey Language & Gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Figure 8 Initial Ballot Test. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 Figure 9 Reasons for not Supporting Measure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Figure 10 Projects & Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Figure 11 Positive Arguments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Figure 12 Interim Ballot Test. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Figure 13 Negative Arguments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Figure 14 Final Ballot Test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Figure 15 Margin of Error @ 95% Confidence Interval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 64y C-40504fa Ana 2-?rud$North Research, Inc. N T ROD U C T I ON Incorporated in 1886, the City of Santa Ana is Orange County's second largest city with more than 60 distinct neighborhoods. Currently home to a diverse population of 316,188 residentsl, the City has a dedicated team of full-time and part-time employees that provide a full suite of services to residents, visitors, and local businesses. To help keep Santa Ana safe, clean, and well-maintained, in 2018 voters approved a 1 .5 cent local sales tax (Measure X) to maintain funding for city services, such as keeping streets, side- walks, parks and public facilities safe, clean, and well-maintained, fixing potholes, removing graffiti/litter, and providing fire protection, paramedic, crime prevention, and 911 emergency response. Since its inception, every dime raised by the sales tax has been reinvested back into the community for these purposes. Unless renewed by voters, the local sales tax will be reduced by 0.5 cent in 2029, which will reduce funding for essential city services in Santa Ana by more than $25 million annually. The primary purpose of this tracking survey was to pro- duce an unbiased, statistically reliable, up-to-date evaluation of voters' interest in renewing the Measure X sales tax at the current rate (no increase) to continue funding for essential city ser- vices. Additionally, should the City decide to move forward with a renewal measure for the November 2026 ballot, the survey can guide how best to structure the measure so it is consis- tent with the community's priorities and expressed needs. Specifically, the study was designed to: Gauge support in the current environment for renewing the Measure X sales tax to continue funding general municipal services; Identify the types of services voters are most interested in funding, should the measure pass; Expose voters to arguments in favor of, and against, the proposed tax measure to assess how information affects support for the measure; and Estimate support for the measure once voters are presented with the types of information they will likely be exposed to during an election cycle. It is important to note at the outset that voters' opinions about tax measures are often some- what fluid, especially when the amount of information they initially have about a measure is lim- ited. How voters think and feel about a measure today may not be the same way they think and feel once they have had a chance to hear more information about the measure during the elec- tion cycle. Accordingly, to accurately assess the feasibility of renewing a local sales tax to fund municipal services, it was important that in addition to measuring current opinions about the measure (Question 5), the survey expose respondents to the types of information voters are likely to encounter during an election cycle, including arguments in favor of (Question 8) and opposed to (Question 10) the measure, and gauge how this type of information ultimately impacts their voting decision (Questions 9 & 11). 1. Source: US Census 2024 ACS 1-Year Estimate. 64y P40504fa Ana 4ruAorth Research, Inc. For a full discussion of the research methods and tech- niques used in this study, turn to Methodology on page 27. In brief, the survey was administered to a random sample of 508 voters in the City of Santa Ana who are likely to participate in the November 2026 election. The survey followed a mixed-method design that employed multiple recruiting methods (email, text, and telephone) and multiple data collection methods (telephone and online). Administered in English, Spanish and Vietnamese between May 26 and June 1 , 2026, the average interview lasted 16 minutes. This report is designed to meet the needs of readers who prefer a summary of the findings as well as those who are interested in the details of the results. For those who seek an overview of the findings, the section titled Key Findings is for you. It pro- vides a summary of the most important factual findings of the survey in a Question &Answer for- mat. For the interested reader, this section is followed by a more detailed question-by-question discussion of the results from the survey by topic area (see Table of Contents), as well as a description of the methodology employed for collecting and analyzing the data. And, for the truly ambitious reader, the questionnaire used for the interviews is contained at the back of this report (see Questionnaire & Toplines on page 30), and a complete set of crosstabulations for the survey results is contained in Appendix A. True North thanks the City of Santa Ana for the opportunity to assist the City in this important effort. The collective expertise, local knowledge, and insight pro- vided by city staff and representatives improved the overall quality of the research presented here. A special thanks also to Charles Heath (TeamCivX) for contributing to the design of the sur- vey. The statements and conclusions in this report are those of the authors (Dr. Timothy McLarney and Richard Sarles) at True North Research, Inc. and not necessarily those of the City of Santa Ana. Any errors and omissions are the responsibility of the authors. True North is a full-service survey research firm that is dedicated to providing public and private agencies with a clear understanding of the values, opinions, priori- ties, and concerns of their residents, voters, and customers. Through designing and implement- ing scientific surveys, focus groups, and one-on-one interviews as well as expert interpretation of the findings, True North helps its clients to move with confidence when making strategic deci- sions in a variety of areas—such as planning, policy evaluation, performance management, establishing fiscal priorities, passing revenue measures, and developing effective public informa- tion campaigns. During their careers, True North's Principals (Dr. McLarney and Mr. Sarles) have designed and conducted over 1 ,500 survey research studies for public agencies, including more than 500 rev- enue measure feasibility studies. Of the measures that have gone to ballot based on True North's recommendation, 93% have been successful. In total, the research that True North has con- ducted has led to over $42 billion in voter-approved local revenue measures. 64Y PP5110fa Ana 4raAorth Research, Inc. K E Y F I N D I N G S As noted in the Introduction, this tracking survey was designed to provide the City of Santa Ana with an up-to-date, statistically reliable understanding of voters' interest in renewing the Mea- sure X sales tax at the current rate to continue funding public safety, streets and infrastructure, and other essential city services. Whereas subsequent sections of this report are devoted to con- veying the detailed results of the survey, in this section we attempt to `see the forest through the trees' and note how the collective results of the survey answer some of the key questions that motivated the research. The following conclusions are based on True North's and TeamCivX's interpretations of the survey results and the firms' collective experience conducting revenue measure studies for public agencies throughout the State. Does a Measure X Yes. Santa Ana voters value the services they receive from the City, but renewal still appear fea- continue to see opportunities to improve the quality of life in Santa Ana sible for the November b addressing homelessness improving y improving 2026 ballot? y g p g public safety, im rovin the maintenance of city streets and infrastructure. Together, these senti- ments translate into strong natural support (64%) for renewing the Mea- sure X sales tax at the current 1 .5 cent rate to fund general city services, such as keeping streets, sidewalks, parks and public facilities safe, clean, and well-maintained, fixing potholes, removing graffiti/litter, and provid- ing fire protection, paramedic, crime prevention, and 911 emergency response. Moreover, despite the recent war in Iran, spiking fuel prices, and consumer sentiment reaching a record low in the past month, natu- ral support for the proposed sales tax has remained steady at 64%, unchanged from the level recorded in the baseline survey conducted in December 2025. The results of this tracking survey indicate that a Measure X renewal con- tinues to be feasible for the November 2026 ballot provided that it main- tains the existing tax rate (no increase), focuses on the projects and services that voters identify as their priorities, and is accompanied by robust community/opinion leader engagement, education, and commu- nication (more on this below). Having stated that a sales tax measure appears feasible, it is important to note that the measure's prospects will be shaped by external factors (not within the City's or an independent campaign's control) and that a recommendation to place the measure on the November 2026 ballot comes with several qualifications and conditions. Indeed, although the results are promising, all revenue measures must overcome challenges prior to being successful. The proposed measure is no exception. The following paragraphs discuss some of the challenges and the next steps that True North and TeamCivX recommend. 64y P40504fa Ana 2-?ru�4Vorth Research, Inc. Which services do Santa A general tax is "any tax imposed for general governmental purposes"2 Ana voters view as prior- and is distinguished from a special tax in that the funds raised by a gen- ities? eral tax are not earmarked for any specific purpose(s). Thus, a general tax provides a municipality with a great deal of flexibility with respect to what is funded by the measure on a year-to-year basis. Although the Santa Ana City Council would have the discretion to decide how to spend the revenues, the survey results indicate that voters are primarily interested in using the proceeds to fund public works and pub- lic safety, including fixing potholes and paving/maintaining city streets (88% strongly or somewhat favor), repairing infrastructure including storm drains, bridges, sidewalks, and public facilities (87%), keeping parks and playgrounds safe, clean, and well-maintained (86%), removing graffiti and cleaning up piles of trash and litter along streets, sidewalks, and in public areas (85%), providing fire protection and paramedic ser- vices (83%), and providing quick responses to 911 emergencies (82%). How might a public As noted in the body of this report, individuals' opinions about revenue information campaign measures are often not rigid, especially when the amount of information affect support for the resented to the public on a measure has been limited. Thus in addition proposed measure? p p ' to measuring current support for the measure, one of the goals of this study was to explore how the introduction of additional information about the measure may affect voters' opinions about the proposal. It is clear from the survey results that some voters' opinions about the proposed measure are somewhat sensitive to the nature—and amount— of information that they have about the measure. Information about the specific services that could be funded by the sales tax, as well as argu- ments in favor of the measure, were found by many voters to be compel- ling reasons to support the measure. However, voters also exhibited sensitivity to opposition arguments, which effectively cooled support for the proposed measure down to 61% at the Final Ballot Test. There is also a risk that some voters could be swayed by hyper-partisan campaigning during the 2026 election cycle. Accordingly, one of the keys to building and sustaining support for the measure will be the presence of an effec- tive, well-organized public outreach effort, as well as an independent campaign that focuses on the need for the measure as well as the many benefits that it will bring. How might changes to A survey is a snapshot in time—which means the results of this study the economic or politi- and the conclusions noted above must be viewed in light of the current cal climate alter support economic and political climates. On the one hand this should provide for the measure? p some reassurances to the reader that the proposed Measure X renewal is feasible for the November 2026 ballot. Even in a national environment marred by economic uncertainty, political instability, concerns about 2. Section 1, Article XIIIC, California Constitution. MY PP5110fa Ana 2-?rU�4ilorth Research, Inc. war, tariffs, and inflation, rising cost-of-living pressures, consumer senti- ment reaching record lows, and broader skepticism about government spending, 64% of voters were supportive of the proposed measure on the natural, which is approximately 14 percentage points above the sim- ple majority (50%+1) required for passage. On the other hand, the months leading up to the November 2026 elec- tion are likely to be punctuated with significant events on the economic and political fronts, both domestically and internationally. Exactly how these events unfold and may shape voters' opinions remains to be seen. Should the economy and/or political climate improve, support for the measure could increase. Conversely, negative economic and/or political developments (including escalation of the war in Iran, sustained high fuel prices, local opposition, and devolving into a hyper-partisan environ- ment), skewed voter turnout, and/or competing measures could dampen support for the measure below what was recorded in this study. 64Y PiD5NAa Ana 2-?ru� Vorth Research, Inc. Q U A L IT Y OF L I F E & C IT Y S E R V I C E S The opening section of the survey was designed to gauge voters' opinions regarding the quality of life in Santa Ana, their ideas for how it can be improved, as well as their assessment of the City's performance in providing municipal services. f At the outset of the interview, voters were asked to rate the quality of life in the City of Santa Ana using a five-point scale of excellent, good, fair, poor, or very poor. As shown in Figure 1 below, 45%voters shared favorable opinions of the quality of life in Santa Ana, with 5% reporting it is excellent and 40% stating it is good. Approximately 38% of voters sur- veyed rated the quality of life in the City as fair, whereas 1 5% used poor or very poor to describe the quality of life in Santa Ana and 2%were unsure or unwilling to answer the question. Question 2 How would you rate the overall quality of life in Santa Ana? Would you say it is excellent, good, fair, poor or very poor? FIGURE I QUALITY OF LIFE BY STUDY YEAR Prefer not to Not sure answer 1.2 0.5 Very poor Excellent 5.2 5.2 Poor 9.3 Good 40.2 Fair 38.4 Figures 2 and 3 on the next page show how ratings of the quality of life in the City of Santa Ana varied by length of residence, presence of a child in the household, homeownership status, age, survey language, and gender. When compared to their respective counterparts, positive quality of life ratings (excellent and good) were highest among voters who have lived in the City less than 5 years or for 10-14 years, and seniors (age 65 or older). Ratings were generally consistent by home ownership status, whether there was a child in the household, and gender. 64y C-40504fa Ana 4ruAorth Research, Inc. C �'�Q • FIGURE 2 QUALITY OF LIFE BY YEARS IN SANTA ANA, CHILD IN HSLD& HOME OWNERSHIP STATUS 70 60 s0 40 0 ... v 30 45.8 20 10 0 6 � Less than 5 5 to 9 10 to 14 15 or more Yes No Yes No Years in Santa Ana(Ql) Child inHsld(Q12) Homeowneron Voter File FIGURE 3 QUALITY OF LIFE BY AGE, SURVEY LANGUAGE& GENDER 70 60 so 40 0 a v 30 ce Good � 20 35.5 to , 0 18 to 29 30 to 39 40 to 49 50 to 64 6S orolder English Spanish Vietnamese Male Female Age Survey Language Gender The next question in this series asked voters to indicate the one thing that city government could change to make Santa Ana a better place to live, now and in the future. Question 3 was posed in an open-ended manner, allowing respon- dents to mention any aspect or attribute that came to mind without being prompted by or restricted to a particular list of options. True North later reviewed the verbatim responses and grouped them into the categories shown in Figure 4 on the next page. 64y Pio_gllka Ana 2-?ra North Research, Inc. C ��Q Question 3 If the city government could change one thing to make Santa Ana a better place to live now and in the future, what change would you like to see? FIGURE 4 CHANGES TO IMPROVE CITY Address homeless issues 20.3 Improve public safety 15.6 Clean up,beautify City(graffiti,landscaping) 8.7 Reduce traffic congestion 8.6 Improve infrastructure,roads 8.1 Not sure/Cannot think of anything 7.0 Address parking issues 6.1 Enforce traffic laws 5.8 Improve City-resident communication 5.1 Provide more affordable housing S.1 Improve parks,rec facilities 5.1 Enforce City codes 4.5 Provide more police presence,response -4.4 Address rent control issues 4.3 Reduce taxes,fees 3.6 Finish construction faster 3.5 Improve public transportation 3.1 Improve fiscal management,budget 2.8 Ban illegal fireworks 2.1 Reduce police funding 1.9 Address mental health issues 1.6 Improve street lighting 1.6 0 s 10 15 20 25 %Respondents Among specific changes desired, addressing homelessness (20%) and improving public safety 0 6%) were the most common, followed by cleaning up/beautifying the city (9%), reducing traffic congestion (9%), and improving roads/infrastructure (8%). Less than one-in-ten respondents could not think of a change to Santa Ana that they desired (7%) or stated flatly that no changes are needed/everything is fine (1 .S%).3 Given the purpose of this study, it is instructive that many respondents mentioned an issue (homelessness, public safety, streets/infrastructure, etc.) that had a direct nexus to the proposed measure. The final question in this series asked respondents to indicate if, overall, they were satisfied or dissatisfied with the job the City of Santa Ana is doing to provide city services. Because this question does not reference a specific program, facil- ity, or service and requested that the respondent consider the City's performance in general, the findings of this question may be regarded as an overall performance rating for the City. As shown in Figure 5 on the next page, just shy of six-in-ten voters surveyed indicated that they were satisfied with the City of Santa Ana's efforts to provide municipal services, with 1 3% saying they were very satisfied and 46% somewhat satisfied. Approximately 35% reported that they were dissatisfied with the City's overall performance, whereas 7% were unsure or unwilling to state their opinion. 3. The latter category is not shown in the graphic since it is below 1.6%. 64y Pia_gllka Ana 4raAorth Research, Inc. Question 4 Generally speaking, are you satisfied or dissatisfied with the job the City of Santa Ana is doing to provide city services? FIGURE 5 OVERALL SATISFACTION Prefer not to answer Not sure 0.3 Very satisfied 1 2 Very dissatisfied 6.4 .6 13.1 *1 Somewhat dissatisfied 21.8 Somewhat satisfied 45.6 For the interested reader, figures 6 and 7 display how the percentage of respondents satisfied with the City's overall performance varied across demographic subgroups. When compared to their respective counterparts, overall positive satisfaction ratings (very and somewhat satisfied) were highest among voters who have lived in the City between 5-9 years, those who rated the quality of life in Santa Ana (excellent or good), and respondents who took the survey in Vietnam- ese. FIGURE 6 OVERALL SATISFACTION BY YEARS IN SANTA ANA, CHILD IN HSLD& QUALITY OF LIFE 100 90 80 70 v 60 a 50 NSmwt 40 satisfied o\ 30 41.41 20 10 sati sfi e 1 1 1 . 1 0 16 Less than 5 5 to 9 10 to 14 15 or more Yes No Excellent, Fair Poor,very good poor Years in Santa Ana(Q1) Child in Hsld(Q12) Quality of Life(Q2) 64y PP5110fa Ana 2-?ra^orth Research, Inc. FIGURE 7 OVERALL SATISFACTION BY HOMEOWNER ON VOTER FILE,AGE, SURVEY LANGUAGE& GENDER 100 90 80 70 v 60 o SO a m 1 1 � 40 30 1 1 20 10 0 1 Yes No 18 to 29 30 to 39 40 to 49 SO to 64 65 or older English Spanish Vietnamese Male Female HomeowneronVoter Age Survey Language Gender File 64y PP-gllka Ana 2-?ra�Worth Research, Inc. N I T I A L BALLOT TEST The primary research objective of this tracking survey was to estimate voters' support for renew- ing the Measure X sales tax at the current 1.5 cent rate to maintain funding for city services, such as keeping streets, sidewalks, parks and public facilities safe, clean, and well-maintained, fixing potholes, removing graffiti/litter, and providing fire protection, paramedic, crime preven- tion, and 911 emergency response. To this end, Question 5 was designed to take an early assessment of voters' support for the proposed measure. The motivation for placing Question 5 near the front of the survey is twofold. First, voter support for a measure can often depend on the amount of information they have about a measure. At this point in the survey, the respondent has not been provided information about the proposed measure beyond what is presented in the ballot language. This situation is analogous to a voter casting a ballot with limited knowledge about the measure, such as what might occur in the absence of an effective campaign. Question 5, also known as the Initial Ballot Test, is thus a good measure of voter support for the proposed measure as it is today, on the natural. Because the Initial Ballot Test provides a gauge of natural support for the measure, it also serves a second purpose as a useful baseline from which to judge the impact of various information items con- veyed later in the survey on voter support for the measure. Question 5 Later this year, voters in Santa Ana may be asked to vote on a local ballot measure. Let me read you a summary of the measure. To maintain funding for city services, such as keep- ing streets, sidewalks, parks and public facilities safe, clean, and well-maintained; fixing pot- holes; removing graffiti/litter; and providing fire protection, paramedic, crime prevention, and 911 emergency response; shall City of Santa Ana's ordinance renewing the existing 7.5 cent sales tax be adopted at the current rate (no increase), providing approximately 84 million dollars annually for city services until ended by voters, with independent audits, citizen oversight, and all money locally controlled? If the election were held today, would you vote yes or no on this measure? FIGURE 8 INITIAL BALLOT TEST Figure 8 presents the results of the Initial Prefer not to Ballot Test among all respondents. Over- Not sure answ 2 ler all, 64% of likely November 2026 voters 8.5 surveyed indicated that they would sup- port the proposed Measure X renewal, Definitely yes whereas 25% stated that they would Definitely no 36.5 oppose the measure and approximately 18.9 11% were unsure or unwilling to share 25% their vote choice. For general taxes in Cal- 64% ifornia, the level of support recorded at Probably no the Initial Ballot Test is approximately 14 6.5 percentage points above the simple majority (50%+1) required for passage. Probably yes 27.5 64Y C-40504fa Ana 4ruAVorth Research, Inc. For the interested reader, Table 1 shows how support for the measure at the Initial Ballot Test varied by key demographic traits. The blue column (Approxi- mate % of Universe) indicates the percentage of the likely November 2026 electorate that each subgroup category comprises. Support for the proposed measure was widespread, exceeding a majority in nearly all identified subgroups and exceeding 60% in most. TABLE 1 DEMOGRAPHIC BREAKDOWN OF SUPPORT AT INITIAL BALLOT TEST ApproximaL of Voter % Probably or Universe Definitely Yes % Not sure Overall 100.0 64.0 8.5 Less than 5 1 5.1 81 .5 9.1 Years in Santa Ana (Ql) 5 to 9 1 1.5 68.7 7.0 10 to 14 9.0 61 .7 8.6 1 5 or more 64.4 60.4 7.8 Overall Satisfaction (Q4) Satisfied 62.5 76.1 7.9 Dissatisfied 37.5 41 .1 9.8 Child in Hsld (Q12) Yes 28.6 69.6 7.0 No 71.4 66.1 9.9 Excellent, good 46.2 79.8 4.6 Quality of Life (Q2) Fair 39.1 55.3 15.2 Poor, very poor 7 40.1 3.9 Registration Year Since June 2016 71 .2 1 1.2 Before June 2016 58.8 6.5 Homeowner on Voter File Yes 41 59.1 6.4 No 52 68.5 10.4 Likely to vote by mail Yes 79.L 65.8 9.3 No 20.4 56.9 5.5 18 to 29 24.6 77.5 13.3 30 to 39 19.6 62.9 15.1 Age 40 to 49 14.1 64.6 4.9 50 to 64 19.3 64.1 3.2 65 or older 22.4 49.8 4.3 Likely Jun 2026 Voter Yes 40.8 55.3 6.2 No 59.2 70.0 10.1 Likely Low Turnout Yes 25.5 61 .7 4.4 Election Voter No 74.5 64.8 9.9 Democrat 52.8 72.9 5.2 Party Republican 23.5 49.4 7.9 Other/ DTS 23.7 58.8 16.5 Single dem 25.5 68.8 5.3 Dual dem 18.9 75.7 7.3 Household Party Type Single rep 12.0 50.5 4.4 Dual rep 4.5 52.9 0.0 Other 16.8 64.5 10.3 Mixed 22.3 57.8 15.7 English 81.6 65.1 8.6 Survey Language Spanish 13.4 56.3 4.7 Vietnamese 5.0 66.5 16.2 Gender Male 49.8 62.7 9.9 Female 67.0 8.3 60 PiD5110fa Ana 2-?raAorth Research, Inc. Respondents who did not support the measure or were unsure at the Initial Ballot Test were subsequently asked if there was a particu- lar reason for their position. Question 6 was asked in an open-ended manner, allowing respon- dents to mention any reason that came to mind without being prompted by or restricted to a particular list of options. True North later reviewed the verbatim responses and grouped them into the categories shown in Figure 9. Among the reasons offered for not supporting the measure, the perception that city funds have been/will be mismanaged or misspent (36%), a belief that taxes are already too high (26%), and no stated reason/not sure (1 7%) were the most common. Question 6 Is there a particular reason why you do not support or are unsure about the mea- sure 1 just described? FIGURE 9 REASONS FOR NOT SUPPORTING MEASURE Money is misspent, mismanaged 36.2 Taxes already too high 26.0 Not sure /No particular reason 16.9 Money will go to employee salaries, pensions 8.1 Economic, inflation, cost of living concerns 7.8 Do not trust City 7.2 Need more information 7.1 Other ways to be funded 5.8 Reference to other cities with lower tax rates 5 4 .6 Money should not go to law enforcement .6 Illegal immigration issues 4.3 It will hurt local economy 4.0 Mentioned past ballot measure 2.4 Oppose some potential spending projects 1.6 0 5 10 15 20 25 30 35 40 Respondents Who Do Not Support Measure 64Y PP5110fa Ana 2-?ra Vorth Research, Inc. P R O J E C T S & S E R V I C E S The ballot language presented in Question 5 indicated that the proposed sales tax measure would be used to maintain funding for city services, such as keeping streets, sidewalks, parks and public facilities safe, clean, and well-maintained, fixing potholes, removing graffiti/litter, and providing fire protection, paramedic, crime prevention, and 911 emergency response. The purpose of Question 7 was to provide respondents with a full range of projects and services that may be funded by the measure, and to identify which of these projects voters most favored fund- ing with sales tax proceeds. After reading each project or service that may be funded by the measure, respondents were asked if they would favor or oppose spending some of the money on that particular item assum- ing that the measure passes. Descriptions of the projects tested, as well as voters' responses, are shown in Figure 10 below.4 Question 7 The measure we've been discussing will provide funding for a variety of services in your community. If the measure passes, would you favor or oppose using some of the money to: _____, or do you not have an opinion? FIGURE 10 PROJECTS & SERVICES ■Strongly favor ■Somewhat favor V a Fix potholes, pave/maintain city streets Repair aging infrastructure including storm drains, d bridges, sidewalks, public facilities a Keep parks, playgrounds safe,clean,well-maintained Remove graffiti,clean piles of trash,litter along streets, Cd sidewalks, in public areas Provide fire protection, paramedic services d Provide quick responses to 911 emergencies a Address homelessness Provide law enforcement services, including crime 01 prevention, investigations 0 10 20 30 40 50 60 70 80 90 100 %Respondents All projects and services tested were popular with Santa Ana voters, with more than seven-in-ten respondents indicating they would favor spending measure proceeds on seven of the eight items tested. That said, the services that resonated with the largest percentage of respondents were fixing potholes and paving/maintaining city streets (88% strongly or somewhat favor), repairing infrastructure including storm drains, bridges, sidewalks, and public facilities (87%), keeping 4. For the full text of the services tested, turn to Question 7 in Questionnaire& Toplines on page 30. 64Y C-40504fa Ana 4ruAorth Research, Inc. parks and playgrounds safe, clean, and well-maintained (86%), and removing graffiti and clean- ing up piles of trash and litter along streets, sidewalks, and in public areas (85%). BY INITLP Table 2 presents the top five services (based on the percentage of respondents who strongly favor each) by position at the Initial Ballot Test. Not surprisingly, individuals who initially opposed the measure were generally less likely to favor spending money on a given service when compared with supporters. Nevertheless, initial sup- porters, opponents, and the undecided did agree on three of the top five priorities for funding. TABLE 2 TOP PROJECTS& SERVICES BY POSITION AT INITIAL BALLOT TEST Position at Initial Ballot %Strongly Test(Q5) Item Project/Service Summary Favor Q7b Keep parks, playgrounds safe,clean,well-maintained 79 Q7g Address homelessness 77 Probably or Definitely Yes Q7a Remove graffiti,clean piles of trash,litter along streets, sidewalks, in public areas (n =325) Q7c Fix potholes, pave/maintain city streets 74 Q7e Repair aging infrastructure including storm drains, bridges, sidewalks, public 74 facilities Q7e Repair aging infrastructure including storm drains, bridges, sidewalks, public 45 facilities Q7f Provide fire protection, paramedic services 44 Probably or Definitely No Q7c Fix potholes, pave/maintain city streets 44 (n = 129) Q7a Remove graffiti,clean piles of trash,litter along streets, sidewalks, in public areas 42 Q7d Provide quick responses to 911 emergencies 40 Q7f Provide fire protection, paramedic services 63 Q7a Remove graffiti,clean piles of trash,litter along streets, sidewalks, in public areas 62 Not Sure (n =43) Q7c Fix potholes, pave/maintain city streets 60 Q7b Keep parks, playgrounds safe,clean,well-maintained 59 We Repair aging infrastructure including storm drains, bridges, sidewalks, public 58 facilities 64y PP5110fa Ana 4raAorth Research, Inc. POSITIVE ARGUMENTS If the City chooses to place a measure on an upcoming ballot, voters will be exposed to various arguments about the measure in the ensuing months. Proponents of the measure will present arguments to try to persuade voters to support a measure,just as opponents may present argu- ments to achieve the opposite goal. For this study to be a reliable gauge of voter support for the proposed sales tax measure, it is important that the survey simulate the type of discussion and debate that will occur prior to the vote taking place and identify how this information ultimately shapes voters' opinions about the measure. Question 8 What 1'd like to do now is tell you what some people are saying about the measure we've been discussing. Supporters of the measure say: ------ Do you think this is a very convinc- ing, somewhat convincing, or not at all convincing reason to SUPPORT the measure? FIGURE 1 1 POSITIVE ARGUMENTS ■very convincing ■Somewhat convincing City maintains 454 mi of streets,90 mi of storm drains,371 acres of parks,playfields;measure provides funding we need to keep streets,infrastructure,parks in good condition All money raised by measure will stay local to fund essential 0, services,facilities here in Santa Ana;by law,it can't be taken away by Federal Government,State or County V Fast emergency response times for 911 critical for saving lives; 00 measure ensures enough law enforcement officers,firefighters, paramedics to respond quickly to 91 1 emergencies tr Measure will help protect quality of life,keep Santa Ana a o' special place to live by keeping city safe,clean well-maintained City of Santa Ana has $900M in unfunded projects that need to °O be completed;the longer we wait to fix streets,infrastructure, O' facilities,the more expensive it will become Measure will not increase sales tax your hsld currently pays;it 00 simply removes sunset on sales tax approved by voters in 2018 at current rate to continue funding important city services Over past 6 yrs,City reinvested every dime of sales tax into cc, community to fix streets,infrastructure,public safety,graffiti, pay for services,voting yes will allow important source of funding to continue Most of sales tax generated locally goes to State,County; w measure ensures higher percentage of sales tax dollars stay in Santa Ana,we have local control over how those funds are spent s Measure includes a clear system of accountability incl citizen W oversight,independent audits,public disclosure of how all funds are spent In these uncertain times,we can't rely on State or Federal 00 government;measure provides stable,predictable funding for city services that is locally controlled Measure makes good financial sense;some money raised by 00 sales tax comes from people who visit or pass through Santa Ana,but don't live here 0 10 20 30 40 50 60 70 80 90 100 %Respondents 64Y C-40504fa Ana 2-?ruAorth Research, Inc. C �'�Q • The objective of Question 8 was thus to present respondents with arguments in favor of the pro- posed measure and identify whether they felt the arguments were convincing reasons to support it. Arguments in opposition to the measure were also presented and are discussed later in this report (see Negative Arguments on page 21). Within each series, specific arguments were admin- istered in random order to avoid a systematic position bias. Figure 1 1 on the previous page presents the truncated positive arguments tested, as well as vot- ers' reactions to the arguments. The arguments are sorted from most convincing to least con- vincing based on the percentage of respondents who indicated that the argument was either a `very convincing' or 'somewhat convincing' reason to support the measure. Using this methodol- ogy, the most compelling positive arguments were: The City maintains 454 miles of streets, 90 miles of storm drains, and 371 acres of parks and playfields. This measure provides the funding we need to keep our streets, infrastructure, and parks in good condition (74% very or somewhat convincing), All money raised by the measure will stay local to fund essential services and facili- ties here in Santa Ana. By law, it can't be taken away by the Federal Government, State or County(69%), and Fast emergency response times for 91 1 calls are critical for saving lives. This measure ensures that we have enough law enforcement officers, firefighters, and paramedics to respond quickly to 91 1 emergencies (69%). Table 3 on the next page lists the top five most convincing positive arguments (based on the percentage of respondents who cited it as very convincing) according to respondents' vote choice at the Initial Ballot Test. The most striking pattern in the table is that the positive arguments resonated with a much higher percentage of voters who were initially inclined to support the measure when compared to voters who initially opposed the measure or were unsure. Nevertheless, one specific argument was ranked among the top five most compelling by supporters, opponents, and the undecided. LEY PP5110fa Ana 2-?ru^orth Research, Inc. TABLE 3 TOP POSITIVE ARGUMENTS BY POSITION AT INITIAL BALLOT TEST Position at Initial Ballot %Very Test(Q5) Item Positive Argument Summary Convincing All money raised by measure will stay local to fund essential services,facilities here Q8a in Santa Ana; by law, it can't be taken away by Federal Government, State or County 54 City maintains 454 mi of streets, 90 mi of storm drains, 371 acres of parks, Q8b playfields; measure provides funding we need to keep streets, infrastructure, parks 49 in good condition Probably or Over past 6 yrs, City reinvested every dime of sales tax into community to fix streets, Definitely Yes Q8f infrastructure, public safety,graffiti, pay for services;voting yes will allow important 49 (n = 325) source of funding to continue Fast emergency response times for 911 critical for saving lives; measure ensures Q8c enough law enforcement officers,firefighters, paramedics to respond quickly to 911 47 emergencies In these uncertain times,we can't rely on State or Federal government; measure Q8d2 provides stable, predictable funding for city services that is locally controlled 47 Fast emergency response times for 911 critical for saving lives; measure ensures Q8c enough law enforcement officers,firefighters, paramedics to respond quickly to 911 12 emergencies Measure will not increase sales tax your hsld currently pays; it simply removes sunset Q8e on sales tax approved by voters in 2018 at current rate to continue funding 12 important city services Probably or In these uncertain times,we can't rely on State or Federal government; measure Definitely No Q8d2 provides stable, predictable funding for city services that is locally controlled 8 (n = 129) City of Santa Ana has $900M in unfunded projects that need to be completed;the Q8j longer we wait to fix streets, infrastructure,facilities,the more expensive it will 8 become All money raised by measure will stay local to fund essential services,facilities here Q8a in Santa Ana; by law, it can't be taken away by Federal Government, State or County 8 City maintains 454 mi of streets, 90 mi of storm drains, 371 acres of parks, Q8b playfields; measure provides funding we need to keep streets, infrastructure, parks 30 in good condition Fast emergency response times for 911 critical for saving lives; measure ensures Q8c enough law enforcement officers,firefighters, paramedics to respond quickly to 91 1 21 emergencies Not Sure Most of sales tax generated locally goes to State, County; measure ensures higher (n =43) Q8d1 percentage of sales tax dollars stay in Santa Ana,we have local control over how 18 those funds are spent Q8h Measure includes a clear system of accountability incl citizen oversight, independent 16 audits, public disclosure of how all funds are spent City of Santa Ana has $900M in unfunded projects that need to be completed;the Q8j longer we wait to fix streets, infrastructure,facilities,the more expensive it will 14 become 64y Pia-gllka Ana 4raAcirth Research, Inc. N T E R I M B A L L O T T E S T After exposing respondents to services that could be funded by the measure as well as the types of positive arguments voters may encounter during an election cycle, the survey again presented respondents with the ballot language used previously to gauge how support for the proposed sales tax measure may have changed. As shown in Figure 12, overall support among likely November 2026 voters remained steady at 64%, with 39% of voters indicating that they would definitely vote yes on the measure. Approximately 25% of respondents opposed the measure at this point in the survey, and an additional 10% were unsure or unwilling to state their vote choice. Question 9 Sometimes people change their mind about a measure once they have more infor- mation about it. Now that you have heard a bit more about the measure, let me read you a sum- mary of it again. To maintain funding for city services, such as keeping streets, sidewalks, parks and public facilities safe, clean, and well-maintained; fixing potholes; removing graffiti/litter; and providing fire protection, paramedic, crime prevention, and 911 emergency response; shall City of Santa Ana's ordinance renewing the existing 1.5 cent sales tax be adopted at the current rate (no increase), providing approximately 84 million dollars annually for city services until ended by voters, with independent audits, citizen oversight, and all money locally controlled? If the election were held today, would you vote yes or no on this measure? FIGURE 12 INTERIM BALLOT TEST Prefer not to answer Not sure 4.0 6.4 Definitely no 1 5.1 Definitely yes 39.1 25% � Probably no 64% 10.1 Probably yes 25.3 Table 4 on the next page shows how support for the measure at this point in the survey varied by key voter subgroups, as well as the percentage change in subgroup support when compared with the Initial Ballot Test. Positive differences appear in green, whereas negative differences in red. Support for the proposed sales tax measure increased or decreased by modest amounts (five percentage points or less) between the Initial and Interim Ballot Tests for most subgroups. Notable exceptions include those who have lived in Santa Ana for less than 5 years (+7%), dual Democrat households (-7%), and those who took the survey in Vietnamese (+10%) or Spanish (+7%). 64Y C-40504fa Ana 2-?ruAorth Research, Inc. TABLE 4 DEMOGRAPHIC BREAKDOWN OF SUPPORT AT INTERIM BALLOT TEST Change From of Voter % Probably or Initial Ballot Universe Definitely Yes Test (Q5) Overall 100.0 64.4 +0.4 Less than 5 15.1 88.8 +7.4 Years in Santa Ana (Q1) 5 to 9 11.5 73.8 +5.110 to 14 9.0 63.1 +1.4 15 or more 64.4 58.1 -2.3 Overall Satisfaction (Q4) Satisfied 62.5 77.5 +1.4 Dissatisfied 37.5 40.2 -0.9 Child in Hsld (Q12) Yes ?8.6 66.8 -2.8 No 71.4 66.9 +0.7 Excellent, good 46.2 77.5 -2.2 Quality of Life (Q2) Fair 58.6 +3.3 Poor, very poor 40.9 +0.8 Registration Year Since June 2016 42.2 73.8 +2.6 Before June 2016 5 7.8 57.5 -1.3 Homeowner on Voter File Yes 47.6 53.9 -5.2 No 52.4 73.9 +5.4 Likely to vote by mail Yes 79.6 66.3 +0.5 No 20.4 56.7 -0.2 18 to 29 24.6 82.6 +5.1 30 to 39 19.6 62.7 -0.2 Age 40 to 49 14.1 65.8 +1.1 50 to 64 19.3 64.7 +0.6 65 or older 22.4 44.6 -5.1 Likely Jun 2026 Voter Yes 40.8 57.3 +2.0 No 59.2 69.2 -0.8 Likely Low Turnout Yes 25.5 63.5 +1.8 Election Voter No 74.5 64.7 -0.1 Democrat 52.8 70.8 -2.1 Party Republican 23.5 51.4 +2.0 Other/ DTS 23.7 63.0 +4.2 Single dem 25.5 69.6 +0.7 Dual dem 18.9 68.8 -6.8 Household Party Type Single rep 12.0 54.4 +3.9 Dual rep 4.5 52.9 +0.0 Other 16.8 70.0 +5.4 Mixed 22.3 58.1 +0.3 English 81.6 63.9 -1.2 Survey Language Spanish 13.4 62.7 +6.5 Vietnamese 5.0 76.6 +10.1 Gender Male 49.8 63.5 +0.8 Female "' 67.0 -0.0 64y PP-gllka Ana 2-?raAorth Research, Inc. N EGATIVE ARGUMENTS Whereas Question 8 presented respondents with arguments in favor of the measure, Question 10 presented respondents with arguments designed to elicit opposition to the measure. In the case of Question 10, however, respondents were asked if they felt that the argument was a very convincing, somewhat convincing, or not at all convincing reason to oppose the measure. The arguments tested, as well as voters' opinions about the arguments, are presented in Figure 13. Question 10 Next, let me tell you what opponents of the measure are saying. Opponents of the measure say: ------ Do you think this is a very convincing, somewhat convincing, or not at all convincing reason to OPPOSE the measure? FIGURE 13 NEGATIVE ARGUMENTS ■Very convincing Somewhat convincing Residents,local businesses have been hit hard by 0o inflation, high interest rates,spiking gas prices,cost of Fy living increases; many are struggling to stay afloat; now is not the time to raise taxes There are no guarantees on how funds will be spent, o which means City can divert money to pet projects �y without any say from voters;we can't trust City with tax dollars;they will mismanage money Everyone is coming after us for tax increases, incl state o and county taxes, school bonds,other taxes that will be , �y on ballot next yr;enough is enough;we can't afford to keep raising taxes o Santa Ana has the highest sales tax of any city in Orange �y County. -a Santa Ana is an expensive place to live,especially for ? young families, seniors, and those on fixed incomes. d Passing this tax will make it even less affordable. 0 10 20 30 40 50 60 70 8o 90 100 Respondents Among the negative arguments tested, the most compelling were: Residents and local businesses have been hit hard by inflation, high interest rates, spiking gas prices, and cost of living increases. Many are struggling to stay afloat. Now is not the time to raise taxes (76% very or somewhat convincing), There are no guarantees on how funds will be spent, which means the City can divert the money to pet projects without any say from voters. We can't trust the City with our tax dollars. They will mismanage the money(68%), and Everyone is coming after us for tax increases - including state and county taxes, school bonds, and other taxes that will be on the ballot next year. Enough is enough. We can't afford to keep raising our taxes (67%). Table 5 on the next page ranks the top five negative arguments (based on % very convincing) according to respondents' vote choice at the Initial Ballot Test. 64Y C-40-04fa Ana 2-?rugWorth Research, Inc. TABLE 5 NEGATIVE ARGUMENT BY POSITION AT INITIAL BALLOT TEST Position at Initial Ballot %Very Test(Q5) Item Negative Argument Summary Convincing Q10e Santa Ana has the highest sales tax of any city in Orange County. 35 Residents, local businesses have been hit hard by inflation, high interest rates, Ql Oa spiking gas prices, cost of living increases; many are struggling to stay afloat; now is 34 not the time to raise taxes Probably or There are no guarantees on how funds will be spent,which means City can divert Definitely Yes Q10c money to pet projects without any say from voters;we can't trust City with tax 30 (n = 325) dollars;they will mismanage money Everyone is coming after us for tax increases, incl state and county taxes, school Q10b bonds, other taxes that will be on ballot next yr; enough is enough;we can't afford 27 to keep raising taxes Q10d Santa Ana is an expensive place to live,especially for young families, seniors,and 19 those on fixed incomes. Passing this tax will make it even less affordable. Residents, local businesses have been hit hard by inflation, high interest rates, Ql Oa spiking gas prices, cost of living increases; many are struggling to stay afloat; now is 76 not the time to raise taxes Everyone is coming after us for tax increases, incl state and county taxes, school Q10b bonds, other taxes that will be on ballot next yr; enough is enough;we can't afford 74 to keep raising taxes Probably or There are no guarantees on how funds will be spent,which means City can divert Definitely No Q10c money to pet projects without any say from voters;we can't trust City with tax 70 (n = 129) dollars;they will mismanage money Q10e Santa Ana has the highest sales tax of any city in Orange County. 69 Q10d Santa Ana is an expensive place to live,especially for young families, seniors,and 64 those on fixed incomes. Passing this tax will make it even less affordable. Residents, local businesses have been hit hard by inflation, high interest rates, Q10a spiking gas prices, cost of living increases; many are struggling to stay afloat; now is not the time to raise taxes There are no guarantees on how funds will be spent,which means City can divert Q10c money to pet projects without any say from voters;we can't trust City with tax 50 dollars;they will mismanage money Not Sure Ql Od Santa Ana is an expensive place to live,especially for young families, seniors,and 47 (n =43) those on fixed incomes. Passing this tax will make it even less affordable. Q10e Santa Ana has the highest sales tax of any city in Orange County. 45 Everyone is coming after us for tax increases, incl state and county taxes, school Q10b bonds, other taxes that will be on ballot next yr; enough is enough;we can't afford 42 to keep raising taxes 64y Pia-gllka Ana 4ruglVorth Research, Inc. F I N A L B A L L O T T E S T Voters' opinions about ballot measures are often not rigid, especially when the amount of infor- mation presented to the public on a measure has been limited. An important goal of the survey was thus to gauge how voters' opinions about the proposed measure may be affected by the information they could encounter during the course of an election cycle. After providing respon- dents with the wording of the proposed measure, projects and services that could be funded, and arguments in favor of and against the proposal, the survey again asked voters whether they would vote `yes' or `no' on the proposed sales tax measure. Question 1 1 Now that you have heard a bit more about the measure, let me read you a sum- mary of it one more time. To maintain funding for city services, such as keeping streets, side- walks, parks and public facilities safe, clean, and well-maintained; fixing potholes; removing graffiti/litter; and providing fire protection, paramedic, crime prevention, and 917 emergency response; shall City of Santa Ana's ordinance renewing the existing 1.5 cent sales tax be adopted at the current rate (no increase), providing approximately 84 million dollars annually for city services until ended by voters, with independent audits, citizen oversight, and all money locally controlled?If the election were held today, would you vote yes or no on this measure? FIGURE 14 FINAL BALLOT TEST Prefer not to answer Not sure 4.7 8.1 finitely yes 32.5 Definitely no 1 7.5 26% 1;4 Probably no 8.5 Probably yes 28.8 At this point in the survey, support for the measure was found among 61% of likely November 2026 voters surveyed, with 33% indicating they would definitely support the measure. Approxi- mately 26% of respondents opposed the measure at the Final Ballot Test, and 1 3% were unsure or unwilling to state their vote choice. 64Y C-40504fa Ana 4ruMorth Research, Inc. C H A N G E I N S U P P O R T Table 6 provides a closer look at how support for the proposed measure changed over the course of the survey by calculating the difference in support between the Initial, Interim, and Final Ballot Tests within subgroups of voters. The percentage of support for the measure at the Final Ballot Test is shown in the column with the heading % Probably or Definitely Yes. The col- umns to the right show the difference between the Final and the Initial, and the Final and Interim Ballot Tests. Positive differences appear in green, and negative differences appear in red. TABLE 6 DEMOGRAPHIC BREAKDOWN OF SUPPORT AT FINAL BALLOT TEST Approxin Change From Change From of Vote. %Probably or Initial Ballot Interim Ballot Universe Definitely Yes Test(QS) Test(Q9) Overall 100.0 61.3 -2.7 -3.1 Less than 5 15.1 86.6 +5.1 -2.2 Years in Santa Ana(Ql) 5 to 9 11.5 68.4 -0.4 -5.4 10 to 14 9.0 60.2 -1.5 -2.9 15 or more 64.4 55.2 -5.2 -3.0 Overall Satisfaction (Q4) Satisfied 62.5 76.6 +0.5 -0.9 Dissatisfied 37.5 36.2 -4.9 -4.0 Child in Hsld (Q12) Yes 28.6 66.3 -3.3 -0.5 No 71.4 63.3 -2.8 -3.5 Excellent, good 46.2 78.2 -1.6 +0.6 Quality of Life (Q2) Fair 51.1 -4.2 -7.5 Poor, very poor 38.2 -1.9 -2.7 Registration Year Since June 2016 42.2 67.5 -3.7 -6.2 Before June 2016 57.8 56.7 -2.1 -0.8 Homeowner on Voter File Yes 47.6 53.9 -5.2 +0.0 No 52.4 68.0 -0.5 -5.9 Likely to vote by mail Yes 79.6 65.6 -0.3 -0.7 No 20.4 44.5 -12.4 -12.2 18 to 29 24.6 73.9 -3.6 -8.8 30 to 39 19.6 59.7 -3.2 -3.0 Age 40 to 49 14.1 61.8 -2.8 -3.9 50 to 64 19.3 59.5 -4.6 -5.2 65 or older 22.4 50.1 +0.3 +5.4 Likely Jun 2026 Voter Yes 40.8 S4.1 -1.2 -3.2 No 59.2 66.2 -3.8 -3.0 Likely Low Turnout Yes 25.5 61.3 -0.4 -2.2 Election Voter No 74.5 61.3 -3.5 -3.4 Democrat 52.8 69.7 -3.2 -1.1 Party Republican 23.5 42.3 -7.1 -9.1 Other/DTS 23.7 61.4 +2.6 -1.6 Single dem 25.5 64.2 -4.6 -5.4 Dual dem 18.9 74.2 -1.4 +5.4 Household Party Type Single rep 12.0 37.4 -1 3.1 -1 7.0 Dual rep 4.5 50.9 -1.9 -1.9 Other 16.8 70.1 +5.5 +0.1 Mixed 22.3 55.3 -2.5 -2.8 English 81.6 61.1 -4.0 -2.8 Survey Language Spanish 13.4 59.3 +3.1 -3.4 Vietnamese 5.0 69.2 +2.7 -7.4 Gender Male 49.8 63.3 +0.6 -0.2 Female 50.2 60.6 -6.4 -6.4 64y C-40504fa Ana 4ruAorth Research, Inc. C /1,,io As expected, voters generally responded to the negative arguments with a reduction in their sup- port for the sales tax measure when compared with the levels recorded at the Interim Ballot Test. The general trend over the course of the entire survey (Initial to Final Ballot Test) was also one of waning support, averaging -3% overall. Even with this decline, support for the proposed sales tax measure at the Final Ballot Test (61%) remained 1 1% above the simple majority (50%+1) required for passage. Whereas Table 6 displays changes in support for the measure over the course of the interview at the subgroup level, Table 7 displays the individual-level changes that occurred between the Ini- tial and Final Ballot tests for the measure. On the left side of the table is shown each of the response options to the Initial Ballot Test and the percentage of respondents in each group. The cells in the body of the table depict movement within each response group (row) based on the information provided throughout the course of the survey as recorded by the Final Ballot Test. For example, in the first row we see that of the 36.5% of respondents who indicated that they would definitely support the measure at the Initial Ballot Test, 25.0% also indicated they would definitely support the measure at the Final Ballot Test. Approximately 9.7% moved to the proba- bly support group, 0.2% moved to the probably oppose group, 0.0% moved to the definitely oppose group, and 1 .7% stated they were now unsure of their vote choice. To ease interpretation of the table, the cells are color coded. Red shaded cells indicate declining support, green shaded cells indicate increasing support, whereas white cells indicate no move- ment. Moreover, within the cells, a white font indicates a fundamental change in the vote: from yes to no, no to yes, or not sure to either yes or no. TABLE 7 MOVEMENT BETWEEN INITIAL& FINAL BALLOT TEST Final Ballot Test(Ql 1) Definitely Probably Probably Definitely Initial Ballot Test (Q5) support support oppose oppose Not sure Definitely support 36.5% 25.0% 9.7% Probably support 27.5% —I 6.8% 16.6% 1 Probably oppose 6.S% — 2.8% 1.S1 Definitely oppose 1 8.9% + 3.1% 14.4% Not sure 10.6% — 4.9% As one might expect, the information conveyed in the survey had the greatest impact on individ- uals who either weren't sure about how they would vote at the Initial Ballot Test or were tentative in their vote choice (probably yes or probably no). Moreover, Table 7 makes clear that although the information did impact some voters, it did not do so in a consistent way for all respondents. Some respondents found the information conveyed during the course of the interview to be a reason to become more supportive of the measure, whereas a slightly larger percentage found the same information to be a reason to be less supportive. Despite 1 5% of respondents making a fundamentals shift in their opinion about the measure over the course of the interview, the net impact is that support for the measure at the Final Ballot Test (61%) was just three percentage point different than support at the Initial Ballot Test (64%). 5. This is, they changed from a position of support, opposition, or undecided at the Initial Ballot Test to a dif- ferent position at the Final Ballot Test. 64Y PP5110fa Ana 4rag North Research, Inc. B A C K G R O U N D & D E M O G R A P H I C S TABLE 8 DEMOGRAPHICS OF SAMPLE Total Respondents 5087 In addition to questions directly related to the pro- Years in Santa Ana(Q1) posed measure, the study collected basic demo- Less than 5 14.9 graphic information about respondents and their 5 to 9 11.3 households. Some of this information was gathered 10 to 14 8.9 1 5 or more 63.6 during the interview, although much of it was col- Prefer not to answer 1.3 lected from the voter file. The profile of the likely Child in Hsld (Q12) November 2026 voter sample represented in this Yes 26.8 No 66.7 report is shown in Table 8. Prefer not to answer 6.5 Gender Male 46.6 Female 47.0 Non-binary 0.3 Prefer not to answer 6.1 Party Democrat 52.8 Republican 23.5 Other/DTS 23.7 Age 18 to 29 24.6 30 to 39 19.6 40 to 49 14.1 50 to 64 19.3 65 or older 22.4 Registration Year Since June 2016 42.2 Before June 2016 57.8 Household Party Type Single dem 25.5 Dual dem 18.9 Single rep 12.0 Dual rep 4.5 Other 16.8 Mixed 22.3 Homeowner on Voter File Yes 47.6 No 52.4 Likely to Vote by Mail Yes 79.6 No 20.4 Likely Jun 2026 Voter Yes 40.8 No 59.2 Likely Low Turnout Election Voter Yes 25.5 No 74.5 Survey Language English 81.6 Spanish 13.4 Vietnamese 5.0 64y C-40504fa Ana 4ruAorth Research, Inc. C �'�Q • M E T H O D O L O G Y The following sections outline the methodology used in the study, as well as the motivation for using certain techniques. Dr. McLarney of True North Research worked closely with the City of Santa Ana to develop a questionnaire that covered the topics of interest and avoided possible sources of systematic measurement error, including position-order effects, wording effects, response-category effects, scaling effects, and priming. Several questions included multiple individual items. Because asking the items in a set order can lead to a system atic position bias in responses, items were asked in random order for each respondent. Some questions asked in this study were presented only to a subset of respondents. For exam- ple, only individuals who did not support the sales tax measure (or were unsure) at the Initial Bal- lot Test (Question 5) were asked Question 6 regarding their reasons for not supporting the measure. In some cases, two versions of a project or argument were tested to identify how word- ing or framing differences impact perception of the item. In such cases, half of the sample received the item with version 1 wording (e.g., Question 8, item D1) and the other half received version 2 (e.g., Question 8, item D2). The questionnaire included with this report (see Question- naire & Toplines on page 30) identifies the skip instructions that were used during the interview to ensure that each respondent received the appropriate questions. Prior to fielding the survey, the ques- tionnaire was CATI (Computer Assisted Telephone Interviewing) programmed to assist interview- ers when conducting telephone interviews. The CATI program automatically navigates skip patterns, randomizes the appropriate question items, and alerts the interviewer to keypunching mistakes should they occur. The survey was also programmed into a passcode-protected online survey application to allow online participation for sampled voters. The integrity of the question- naire was pre-tested internally by True North and by dialing into voter households in the City prior to formally beginning the survey. Once finalized, the questionnaire was professionally translated into Spanish and Vietnamese to allow for data collection in three languages. The survey was administered to a stratified and clustered random sample of regis- tered voters in the City who are likely to participate in the November 2026 general election, with a subset who are also likely to participate in the lower-turnout June 2026 primary. Consistent with the profile of this universe, the sample was stratified into clusters, each representing a com- bination of age, gender, and household party type. Individuals were then randomly selected based on their profile into an appropriate cluster. This method ensures that if a person of a par- ticular profile refuses to participate, they are replaced by an individual who shares their same profile. STATISTI' By using the probability-based sampling design noted above, True North ensured that the final sample was representative of voters in the city who are likely to participate in the November 2026 general election. The results of the survey can thus be used to estimate the opinions of all voters likely to participate in said election. Because not all voters participated in the study, however, the results have what is known as a sta- tistical margin of error due to sampling. The margin of error refers to the difference between 64Y C-40504fa Ana 4rugWorth Research, Inc. C l,,io what was found in the survey of voters for a particular question and what would have been found if all of the estimated 85,586 likely November 2026 voters identified in the city had been sur- veyed for the study. Figure 15 provides a graphic plot of the maximum margin of error in this study. The maximum margin of error for a dichotomous percentage result occurs when the answers are evenly split such that 50% provide one response and 50% provide the alternative response. For this survey, the maximum margin of error is ± 4.3% at the 95% confidence level. FIGURE 15 MARGIN OF ERROR @ 95%CONFIDENCE INTERVAL 14% - -7----1----T ,----I----T----I---- T---- 12% 10% ---L--- -- L---------- --1----L------------1----'--------- °1 6°� 508 Respondents g ± 4.3% 4% 2% --- -------- ------------ --------+--------L------------+------------- 0% 0 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 Sample Size (Number of Respondents) Within this report, figures and tables show how responses to certain questions varied by sub- groups such as age, gender, and partisan affiliation. Figure 15 is thus useful for understanding how the maximum margin of error for a percentage estimate will grow as the number of individ- uals asked a question (or in a particular subgroup) shrinks. Because the margin of error grows exponentially as the sample size decreases, the reader should use caution when generalizing and interpreting the results for small subgroups. RECRUITING' - � _�k COLLECT' The survey followed a mixed-method design that employed multiple recruiting methods (telephone, text, and email) and multiple data collection methods (telephone and online). Telephone interviews averaged 17 minutes in length and were conducted during weekday evenings (5:30PM to 9PM) and on weekends (1 OAM to 5PM). It is stan- dard practice not to call during the day on weekdays because most working adults are unavail- able and thus calling during those hours would likely bias the sample. Voters recruited via email and text were assigned a unique passcode to ensure that only voters who received an invitation could access the online survey site, and that each voter could com- 64Y PiD5110fa Ana 2-?rag North Research, Inc. plete the survey only one time. A total of 508 surveys were completed between May 26 and June 1 , 2026. DATA r'- -"CESSING Data processing consisted of checking the data for errors or inconsis- tencies, coding and recoding responses, weighting, and preparing frequency analyses and cross- tabulations. Numbers that end in 0.5 or higher are rounded up to the nearest whole num- ber, whereas numbers that end in 0.4 or lower are rounded down to the nearest whole number. These same rounding rules are also applied, when needed, to arrive at numbers that include a decimal place in constructing figures and tables. Occasionally, these rounding rules lead to small discrepancies in the first decimal place when comparing tables and charts for a given question. MY PP5110fa Ana 4rugWorth Research, Inc. Q U E S T I O N N A I R E & T O P L I N E S City of Santa Ana ---)T R U E N 0 R T H Sales Tax Tracking Survey I^\ R e s e A R c H Prelim Toplines(n=508) June 2026 Hi, may I please speak to------ My name is_____,and I'm calling from TNR on behalf of the City of Santa Ana.We're conducting a confidential survey of voters about important issues in the city and I'd like to get your opinions. If needed:This is a survey about important issues in your community. I'm NOT trying to sell anything and I won't ask for a donation. If needed:The survey should take about 12 minutes to complete. If needed:If now is not a convenient time, can you let me know a better time so I can call back? If the person asks why you need to speak to the listed person or if they ask to participate instead, explain:For statistical purposes,at this time the survey must only be completed by this particular individual. QualitySection 2: I'd like to begin by asking you a few questions about what it is like to live in Santa Ana. Ql How long have you lived in Santa Ana? 1 Less than 1 year 4% 2 1 to 4 years 1 1% 3 5 to 9 years 1 1% 4 10 to 14 years 9% 5 15 years or longer 64% 99 Prefer not to answer 1% Q2 How would you rate the overall quality of life in Santa Ana?Would you say it is excellent, good,fair, poor or very poor? 1 Excellent 5% 2 Good 40% 3 Fair 38% 4 Poor 9% 5 Very poor 5% 98 Not sure 1% 99 Prefer not to answer 0% True North Research,Inc.©2026 Page I 64Y C-40504fa Ana 4rugWorth Research, Inc. City of Santa Ana Sales Tax Tracking Survey June 2026 If the city government could change one thing to make Santa Ana a better place to live Q3 now and in the future,what change would you like to see?Verbatim responses recorded and later grouped into categories shown below. Address homeless issues 20% Improve public safety 16% Reduce traffic congestion 9% Clean up, beautify City(graffiti, landscaping) 99/0 Improve infrastructure, roads 8% Not sure/Cannot think of anything 79/6 Enforce traffic laws 6% Address parking issues 6% Provide more affordable housing 5% Improve parks, rec facilities 5% Improve City-resident communication 5% Reduce taxes,fees 4% Enforce City codes 4% Provide more police presence, response 4% Address rent control issues 4% Improve public transportation 3% Improve fiscal management, budget 3% Finish construction faster 3% Improve street lighting 2% Ban illegal fireworks 2% Reduce police funding 2% Address mental health issues 2% Generally speaking, are you satisfied or dissatisfied with the job the City of Santa Ana is Q4 doing to provide city services?Get answer, then ask:Would that be very (satisfied/dissatisfied)or somewhat(satisfied/dissatisfied)? 1 Very satisfied 13% 2 Somewhat satisfied 46% 3 Somewhat dissatisfied 22% 4 Very dissatisfied 13% 98 Not sure 6% 99 Prefer not to answer 0% True North Research,Inc.©2026 Page 2 64Y PiD5NAa Ana 2-?ruPWorth Research, Inc. City of Santa Ana Sales Tax Tracking Survey June 2026 III II :i Later this year,voters in Santa Ana may be asked to vote on a local ballot measure. Let me read you a summary of the measure. To maintain funding for city services, such as: • Keeping streets, sidewalks, parks and public facilities safe,clean, and well- maintained • Fixing potholes • Removing graffiti/litter • And providing fire protection, paramedic,crime prevention,and 9-1-1 Q5 emergency response shall City of Santa Ana's ordinance renewing the existing 1.5 (one point five)cent sales tax be adopted at the current rate(no increase), providing approximately 84 million dollars annually for city services until ended by voters,with independent audits, citizen oversight, and all money locally controlled?If the election were held today,would you vote yes or no on this measure?Get answer, then ask:Would that be definitely(yes/no) or probably( es/no)? 1 Definitely yes 37% Skip to Q7 2 Probably yes 27% Skip to Q7 3 Probably no 7% Ask Q6 4 Definitely no 1 9% Ask Q6 98 Not sure 8% Ask Q6 99 1 Prefer not to answer 2% Skip to Q7 Is there a particular reason why you do not support or are unsure about the measure I Q6 just described?If yes, ask:Please briefly describe your reason.Verbatim responses recorded and later grouped into categories shown below. Money is misspent, mismanaged 36% Taxes already too high 26% Not sure/No particular reason 1 7% Money will go to employee salaries, pensions 8% Economic, inflation, cost of living concerns 8% Need more information 7% Do not trust City 7% Other ways to be funded 6% Reference to other cities with lower tax rates 6% Money should not go to law enforcement 5% Illegal immigration issues 4% It will hurt local economy 4% Mentioned past ballot measure 2% Oppose some potential spending projects 2% True North Research,Inc.©2026 Page 3 64Y Pio-Uka Ana 4ruPlVorth Research, Inc. City of Santa Ana Sales Tax Tracking Survey June 2026 The measure we've been discussing will provide funding for a variety of services in your community. Q7 If the measure passes,would you favor or oppose using some of the money to------ or do you not have an opinion? Get answer, if favor or oppose, then ask:Would that be stron ly(favor/oppose)or somewhat(favor/oppose)? L N Randomize 0 ° v ° v a Q ° a 2 Q o a R 0 z o Remove graffiti and clean piles of trash and A litter along streets, sidewalks,and in public 65% 20% 3% 4% 3% 5% areas B Keep parks and playgrounds safe,clean,and 66% 21% 1% 5% 2% 5% well-maintained C Fix potholes and pave/maintain city streets 64% 24% 3% 4% 1% 4% D Provide quick responses to 9-1-1 emergencies 61% 21% 4% 6% 3% 5% Repair aging infrastructure including storm E drains, bridges, sidewalks, and public 64% 23% 2% 4% 2% 4% facilities F Provide fire protection and paramedic 62% 22% 4% 6% 3% 4% services G Address homelessness 63% 1 5% 2% 8% 5% 5% H Provide law enforcement services, including 46% 23% 8% 12% 6% 5% crime prevention and investigations Section 5:Positive Arguments What I'd like to do now is tell you what some people are saying about the measure we've been discussing. Q8 Supporters of the measure say:------ Do you think this is a very convincing, somewhat convincing,or not at all convincing reason to SUPPORT the measure? o v Randomize.Split Sample D11D2 v ,� a v c E c o c ❑ o m 0 0 o z 0 z a All money raised by the measure will stay local to fund essential services and facilities A here in Santa Ana. By law, it can't be taken 37% 32% 10% 14% 3% 3% away by the Federal Government,State or County. The City maintains 454 miles of streets,90 miles of storm drains, and 371 acres of parks B and playfields.This measure provides the 36% 38% 12% 9% 2% 4% funding we need to keep our streets, infrastructure and parks in good condition. True North Research,Inc.©2026 Page 4 64Y Pia-Mka Ana 2-?ruPJorth Research, Inc. City of Santa Ana Sales Tax Tracking Survey June 2026 Fast emergency response times for 9-1-1 calls are critical for saving lives.This measure C ensures that we have enough law 35% 34% 11% 14% 4% 3% enforcement officers,firefighters,and paramedics to respond quickly to 9-1-1 emergencies. Most of the sales tax generated locally goes to the State of California and Orange County. D1 This measure ensures that a higher 32% 33% 8% 1 8% 6% 4% percentage of our sales tax dollars stay here in Santa Ana and we have local control over how those funds are spent. In these uncertain times,we can't rely on the D2 State or Federal government.This measure 32% 30% 12% 1 5% 6% 5% provides stable and predictable funding for city services that is locally controlled. This measure will not increase the sales tax your household currently pays. It simply E removes the sunset on the sales tax approved 33% 33% 10% 1 5% 5% 4% by voters in 2018 at the current rate to continue funding important city services. Over the past six years,the City has reinvested every dime of the sales tax revenues back into the community to fix our F streets and infrastructure, improve public 34% 32% 10% 1 9% 3% 3% safety, remove graffiti, and pay for essential city services.Voting 'yes' on this measure will allow this important source of funding to continue. This measure will help protect our quality of G life and keep Santa Ana a special place to live 32% 36% 10% 14% 4% 3% by keeping our city safe, clean and well- maintained. The measure includes a clear system of H accountability including citizen oversight, 30% 32% 11% 1 9% 5% 3% independent audits,and public disclosure of how all funds are spent. This measure makes good financial sense. I Some of the money raised by the sales tax 20% 34% 1 7% 1 7% 6% 4% comes from people who visit or pass through Santa Ana, but don't live here. The City of Santa Ana has more than 900 million dollars in unfunded projects that need J to be completed.The longer we wait to fix 32% 36% 12% 1 3% 3% 4% our streets, infrastructure,and facilities,the more expensive it will become. True North Research,Inc.©2026 Page 5 64Y PiD5NAa Ana 4ruAorth Research, Inc. City of Santa Ana Sales Tax Tracking Survey June 2026 BallotSection 6:Interim Sometimes people change their mind about a measure once they have more information about it. Now that you have heard a bit more about the measure, let me read you a summary of it again. To maintain funding for city services, such as: • Keeping streets, sidewalks, parks and public facilities safe, clean, and well- maintained • Fixing potholes • Removing graffiti/litter • And providing fire protection, paramedic, crime prevention, and 9-1-1 Qg emergency response shall City of Santa Ana's ordinance renewing the existing 1.5 (one point five)cent sales tax be adopted at the current rate(no increase), providing approximately 84 million dollars annually for city services until ended by voters,with independent audits,citizen oversight, and all money locally controlled? If the election were held today,would you vote yes or no on this measure? Get answer, then ask:Would that be definitely( es/no)or probabl ( es/no)? 1 Definitely yes 39% 2 Probably yes 25% 3 Probably no 10% 4 Definitely no 1 5% 98 Not sure 6% 99 Prefer not to answer 4% Section 7. Negative Arguments Next, let me tell you what opponents of the measure are saying. Q1 Opponents of the measure say:------ Do you think this is a very convincing, somewhat convincing,or not at all convincing reason to OPPOSE the measure? Randomize > v o v oC, o z o z a Residents and local businesses have been hit hard by inflation, high interest rates, spiking A gas prices, and cost of living increases. Many 46% 29% 10% 6% 3% 5% are struggling to stay afloat. Now is not the time to raise taxes. Everyone is coming after us for tax increases -including state and county taxes, school B bonds,and other taxes that will be on the 40% 27% 1 5% 11% 4% 4% ballot next year. Enough is enough.We can't afford to keep raising our taxes. True North Research,Inc.©2026 Page 6 64Y Pia-Uka Ana 2-?ruP Vorth Research, Inc. City of Santa Ana Sales Tax Tracking Survey June 2026 There are no guarantees on how funds will be spent,which means the City can divert the C money to pet projects without any say from 42% 26% 1 3% 10% 5% 4% voters.We can't trust the City with our tax dollars.They will mismanage the money. Santa Ana is an expensive place to live, D especially for young families, seniors,and 33% 24% 18% 14% 7% 4% those on fixed incomes. Passing this tax will make it even less affordable. E Santa Ana has the highest sales tax of any 44% 20% 14% 8% 9% 4% city in Orange County. Section 8:Final Ballot Test Now that you have heard a bit more about the measure, let me read you a summary of it one more time. To maintain funding for city services, such as: • Keeping streets, sidewalks, parks and public facilities safe, clean, and well- maintained • Fixing potholes • Removing graffiti/litter • And providing fire protection, paramedic, crime prevention, and 9-1-1 Q1 1 emergency response shall City of Santa Ana's ordinance renewing the existing 1.5 (one point five)cent sales tax be adopted at the current rate(no increase), providing approximately 84 million dollars annually for city services until ended by voters,with independent audits,citizen oversight, and all money locally controlled? If the election were held today,would you vote yes or no on this measure?Get answer, then ask:Would that be definitely( es/no)or probabl ( es/no)? 1 Definitely yes 32% 2 Probably yes 29% 3 Probably no 9% 4 Definitely no 1 7% 98 Not sure 8% 99 Prefer not to answer S% True North Research,Inc.©2026 Page 7 64Y Pio-Mka Ana 2-?ruP�Vorth Research, Inc. C �'�Q • City of Santa Ana Sales Tax Tracking Survey June 2026 :i11AMM Thank you so much for your participation. I have just one background question for statistical purposes. Q1 2 Do you have children under the age of 18 living in your household? 1 Yes 27% 2 No 67% 99 Prefer not to answer 7% Those are all of the questions that I have for you.Thanks so much for participating in this important survey. S1 Gender 1 Male 47% 2 Female 47% 3 Non-binary 0% 4 Prefer not to answer 6% S2 Party 1 Democrat 53% 2 Republican 23% 3 Other 9% 4 DTS 15% S3 Age on Voter File 1 18 to 29 25% 2 30 to 39 20% 3 40 to 49 1 4% 4 50 to 64 1 9% 5 65 or older 22% S4 Registration Date 1 Since Nov 2020 20% 2 Jun 2016 to before Nov 2020 22% 3 Jun 2012 to before Jun 2016 14% True North Research,Inc.©2026 Page 8 64y Ciia-Uka Ana 2-?ruP9Vorth Research, Inc. City of Santa Ana Sales Tax Tracking Survey June 2026 4 Before June 2012 44% S5 Household Party Type 1 Single Dem 25% 2 Dual Dem 1 9% 3 Single Rep 1 2% 4 Dual Rep 5% 5 Single Other 1 2% 6 Dual Other 5% 7 Dem&Rep 4% 8 Dem&Other 10% 9 Rep&Other 7% 0 Mixed (Dem +Rep+Other) 1% S6 Homeowner on Voter File 1 Yes 48% 2 No 52% S7 Likely to Vote by Mail 1 Yes 80% 2 No 20% S8 Likely November 2026 Voter 1 Yes 100% 2 No 0% S9 Likely June 2026 Voter 1 Yes 41% 2 No 59% S1 0 Likely Low Turnout Election Voter 1 Yes 26% 2 No 74% True North Research,Inc.©2026 Page 9 64y Ciio-UfAa Ana 4ruP North Research, Inc. City of Santa Ana Sales Tax Tracking Survey June 2026 S11 Survey Language 1 English 82% 2 Spanish 13% 3 Vietnamese 5% True North Research,Inc.©2026 Page 10 64Y Pia-RDFAa Ana 2-?ruPWorth Research, Inc. CITY OFSANTAANA Council member-Requested Item Report DATE July 7, 2026 TOPIC Residential Permit Parking Program — Alternative Permit Format Evaluation COUNCILMEMBER-REQUESTED ITEM TITLE Discuss and Consider Directing the City Manager to Replace the Current Residential Parking Permit Sticker System with a Hanging Placard System Displayed from a Vehicle's Rearview Mirror and Take All Necessary Actions to Implement the Transition DISCUSSION The City's Residential Permit Parking Program currently requires residents to affix parking permit stickers to their vehicles. While effective for identifying authorized vehicles, the current system creates privacy and safety concerns by visibly identifying vehicles associated with specific residential permit parking districts. Additionally, residents have expressed concerns regarding the appearance of permanent decals on their vehicles and the inconvenience associated with transferring permits when vehicles are sold, replaced, or temporarily unavailable. A hanging placard system, like disabled parking placards, provides a practical and resident-friendly alternative while maintaining the City's ability to enforce permit parking regulations. Such a system eliminates the need for permanent vehicle decals, allows permits to be easily transferred between vehicles when appropriate, and improves the overall appearance of participating vehicles without compromising enforcement. This approach has already been implemented successfully by neighboring jurisdictions. The City of Orange utilizes a residential permit parking program that issues hanging placards to residents rather than requiring permanent vehicle decals. The program has operated effectively while continuing to support parking enforcement, and the city also administers permit registration and renewals through an established online system, demonstrating that a placard-based program is both practical and manageable. Adopting a similar model would align the city with a proven regional practice while providing residents with greater flexibility and convenience. Upon Council direction, the City Manager shall take the necessary steps to transition the Residential Permit Parking Program from adhesive vehicle stickers to a hanging placard system, including updating administrative procedures, coordinating enforcement, and preparing any Municipal Code amendments necessary to implement CITY ATTORNEY CITY MANAGER CITY CLERK Cnnia R Canialhn AIvarn Ni 16— _Iannifar I Hall City COUr1Cll 20 CIVIC CENTER PLAZA-P.O. BOX 1988, M?13 SA ANA, CALIFORNIA 92702 7�7�2026 TELEPHONE(714)647-6900-FAX(714)647-6954-www.santa-ana.org the new permit format. Staff shall return to the City Council only as needed to approve any required ordinance amendments or other actions necessary to complete implementation. SUBMITTED BY Mayor Pro Tern David Penaloza EXHIBIT(S) w x� FSTOPPING Tr 12AMAAM EXCEPT WITH VALID PERMIT s+.1 or nrn+me,:c c,: License Number: Permit Number:AP. 231379 Expiration Date: MAR.31,'23 0 0 PUBLIC WORKS AGENCY TRAFFIC AND TRANSPORTATION ENGINEERING Sample Colars ®M m� rvoc/samox-varvTorvc�ss<w-v,•orvc i,c m a®® CITY ATTORNEY CITY MANAGER CITY CLERK Cnnia R Canialhn AIvarn Ni 16— 2TA ANA,CALIFORNIA 92702 7/7/2026 I—nifar I Hall City Council 20 CIVIC CENTER PLAZA-P.O. BOX 1988, M13 SA N TELEPHONE(714)647-6900-FAX(714)647-6954-www.santa-ana.org DIRECTIONS FOR APPLICATION Clean surface, peel off backing da<e. x.To loosen adhesl c paper and apply to LEFT OF =°m °hlshumh and fngea acs sFmwng REAR BUMPER OR BOTTOM LEFT �.Place adhnire fslickyi side in EXTERIOR OF REAR WINDOW so lug<Iges. decal is visible from rear of vehicle. °.:RTo N�TGei;e a°m;W,a,° . CITY OF ORANGEJ "NEIGHBORHOOD/FDT AREA RJDICA. nv� Q� Permit Area A 34334 EXPIRES—12/31/2027 CITY ATTORNEY CITY MANAGER CITY CLERK Cnnia R ( nn/nihn AIvarn NI 16- 1—nif—I Hall City Council 20 CIVIC CENTER PLAZA-P.O. BOX 1988, M?13 SANTA ANA, CALIFORNIA 92702 7/7/2026 TELEPHONE(714)647-6900-FAX(714)647-6954-www.santa-ana.org CITY OF SANTA ANA a Councilmember Requested Item Report DATE July 7, 2026 TOPIC Southern California Edison Rate Affordability and State Legislative Reform COUNCILMEMBER-REQUESTED ITEM TITLE Discuss and Consider Directing the City Manager and City Attorney to Prepare a Resolution in Support of State Legislation to Lower Southern California Edison Rates and Protect Ratepayers and Evaluate Potential Intervention in California Public Utilities Commission Proceedings on Behalf of Santa Ana Residents DISCUSSION Background Southern California Edison (SCE) rates have more than doubled since 2016. Ten new SCE rate increases are currently pending before the California Public Utilities Commission (CPUC). Today, one in five SCE households is behind on their electric bill by an average of$829, reflecting a growing and unsustainable debt crisis across the communities SCE serves. In 2025, SCE's parent company, Edison International, reported $4.9 billion in profit, even as the utility was found responsible for the Eaton Fire, which killed 19 people and destroyed thousands of homes in Altadena and surrounding communities. The primary driver of these escalating bills is structural. Under the rate-of-return regulatory model, investor-owned utilities like SCE generate profit primarily by building and expanding physical infrastructure, including poles, wires, substations, and related equipment. State regulators allow utilities to charge ratepayers the full cost of construction plus a guaranteed return on investment of approximately 10 percent per project, for years into the future. This creates a perverse incentive: the more a utility spends, the more it earns. Critics and regulators have long noted that this model encourages "gold-plating": the practice of selecting more costly infrastructure solutions over more efficient alternatives because larger capital expenditures generate larger profits. This approach leaves ratepayers to foot the bill with no meaningful check on unnecessary spending. Santa Ana residents are directly and disproportionately affected by these structural problems. As a community with a high proportion of working families and renters, the burden of rising utility costs falls on the households least able to absorb them. The CPUC's own data confirm that utility debt and the share of customers qualifying for bill assistance programs have both grown significantly in recent years. CITY ATTORNEY CITY MANAGER CITY CLERK Cnnia R ('.anialhn AIvarn Ni lFi— _Ionnifar I Hall City COUr1Cll 20 CIVIC CENTER PLAZA-P.O. BOX 1988, M?14 SA TELEPHONE CALIFORNIA 92702 7�7�2026 TELEPHONE(714)647-6900-FAX(714)647-6954-www.santa-ana.org Councilmember Requested Item — Southern California Edison Rate Affordability and State Legislative Reform Page 2 State Legislative Reform Package The California Legislature is currently considering a package of bills during the active 2025-2026 regular session, with a floor vote deadline of August 31, 2026, that would address the structural causes of high utility bills. On June 16, 2026, the San Diego City Council voted unanimously to endorse ten of these bills (Exhibit A), making Santa Ana an opportunity to join a growing coalition of California cities formally on record in support of ratepayer reform. Collectively, the bills in this package are designed to: • Cap utility profits by tying allowable shareholder returns to objective benchmarks rather than open-ended rate-setting proceedings. • Curb overspending by requiring upfront CPUC approval before utilities draw on certain funding accounts, and mandating independent audits of wildfire mitigation expenditures before additional funds are approved. • Increase transparency by requiring public disclosure of the data and methodologies utilities use to calculate rates and fees, including the Power Charge Indifference Adjustment. • Protect families immediately by requiring large data centers to fund their own grid upgrades rather than shifting those costs to residential ratepayers. • Modernize the energy system by streamlining access to small-scale solar, enabling home batteries and EVs to function as virtual power plants, and supporting in-state manufacturing of grid components. Below are the 14 bills included in the legislative package. 1. AB 2338 (Ransom): Requires utilities to justify any General Rate Case increase that exceeds the annual Social Security Cost of Living Adjustment, placing the burden on the utility rather than ratepayers to demonstrate the need for above-inflation rate hikes. 2. AB 2463 (Petrie-Norris): Directs the CPUC to conduct a comprehensive review of the methodologies used to determine the cost of capital and authorized return on equity for electrical and gas corporations, bringing greater consistency and ratepayer protection to the rate-setting process. 3. SIB 905 (Becker): Reduces shareholder profits on safety investments, expands access to low- cost public financing of capital projects, ties executive compensation to reducing rate increases, and improves overall grid performance. 4. AB 1677 (Boerner): Caps the return on equity that investor-owned utilities may earn by tying the allowable shareholder profit limit to the long-term U.S. Treasury bond rate plus four percent. 5. SIB 1098 (Perez): Limits the use of balancing and memorandum accounts—funding mechanisms that allow utilities to spend now and seek ratepayer reimbursement later—by channeling more spending decisions into the General Rate Case process where they are subject to public scrutiny. 6. AB 1774 (Boerner and Harabedian): Requires independent audits of utility wildfire mitigation spending before the CPUC approves additional wildfire-related expenditures, ensuring funds previously allocated have been properly spent and accounted for. 7. SIB 868 (Wiener): Eliminates regulatory barriers for small plug-in and balcony solar devices by reclassifying them as household appliances exempt from utility interconnection requirements, making clean energy more accessible to renters and those without rooftop solar. 8. SIB 943 (Becker): Directs the CPUC to develop a more equitable methodology for calculating high-voltage transmission charges and authorizes rate adjustments for industrial customers who switch to clean electricity, supporting decarbonization while controlling costs. 9. AB 1761 (Rogers): Requires the CPUC and investor-owned utilities to publicly disclose all data and methodologies used to calculate the Power Charge Indifference Adjustment (PCIA), CITY ATTORNEY CITY MANAGER CITY CLERK Cnnia R ('.anialhn Dlvarn Mini— _Ionnifar I F-IaU City COUr1Cll 20 CIVIC CENTER PLAZA-P.O. BOX 1988, M31 -3ANTA-ANA,CALIFORNIA 92702 7�7�2026 TELEPHONE(714)647-6900-FAX(714)647-6954-www.santa-ana.org Councilmember Requested Item — Southern California Edison Rate Affordability and State Legislative Reform Page 3 a fee charged to customers who switch to community or self-generated power, to identify billing errors and improve accountability. 10. SIB 1138 (Padilla): Gives load-serving entities flexibility to meet up to 25 percent of their resource adequacy obligations through short-term market transactions rather than costly long- term contracts, reducing unnecessary procurement costs that are otherwise passed to ratepayers. 11. SIB 1359 (Stern): Directs the CPUC to create a standardized methodology for forecasting gas demand to support the managed wind-down of unnecessary gas infrastructure, and prohibits utilities from charging customers for avoidable gas leaks. 12. AB 2516 (Petrie-Norris): Establishes the California Grid Manufacturing Initiative to aggregate state demand, coordinate procurement of critical grid components such as large transformers, and incentivize in-state manufacturing—allowing bulk purchasing savings currently foregone by utilities acting independently. 13. SIB 886 (Padilla): Requires data centers to bear the full upfront cost of new transmission and distribution infrastructure and energy procurement needed to serve their operations, preventing those costs from being shifted to residential and small commercial ratepayers. Proposed Resolution This item requests that the City Council direct staff to prepare and agendize a resolution of the City Council formally supporting this legislative package. A formal resolution would place the City of Santa Ana on record in support of ratepayer protection before the Governor, the Legislature, and the CPUC, and would signal the City's legislative priorities on utility affordability and oversight. Transmitting the resolution to State representatives and the Governor's office, as similar to how the City of San Diego's resolution directed, would ensure it is made part of the official record of support for these bills during the critical remaining months of the legislative session. Potential Intervention in CPUC Proceedings Cities may seek party status in CPUC proceedings pursuant to the Commission's Rules of Practice and Procedure and are expressly recognized as potential participants under the Public Utilities Code's intervenor framework (see Pub. Util. Code §§ 1701, 18O2(d)). While SCE's 2025 General Rate Case (Application A.23-05-010) was resolved by CPUC decision in September 2025, authorizing base revenue requirement increases of$544 million in 2026, $522 million in 2027, and $447 million in 2028, increases that are now being passed through to Santa Ana residents' bills, SCE has continued to file additional rate increase applications before the Commission since that decision. Those subsequent proceedings represent potential opportunities for the City to seek party status and formally advocate for Santa Ana ratepayers before the CPUC. This item requests that the City Attorney evaluate which active SCE proceedings, if any, would be appropriate for the City to join; assess the applicable procedural requirements and deadlines; and report back to the City Council with findings and a recommendation, including the resource implications of participation. Conclusion Rising electric utility rates represent a direct and growing burden on Santa Ana families. While this item focuses on SCE as the primary electric utility serving Santa Ana, many of the structural reforms in this legislative package—including those addressing CPUC rate-setting methodology, utility overspending, and ratepayer accountability—would benefit customers across investor-owned electric and gas utilities statewide. A formal resolution of support and, if appropriate, participation in CPUC CITY ATTORNEY ACTING CITY MANAGER CITY CLERK Cnnia R ('. n1hn Dlvarn Mini— _Ionnifar I F-IaU City COUr1Cll 20 CIVIC CENTER PLAZA-P.O. BOX 1988, M31 - ANTA3ANA,CALIFORNIA 92702 7�7�2026 TELEPHONE(714)647-6900-FAX(714)647-6954-www.santa-ana.org Councilmember Requested Item — Southern California Edison Rate Affordability and State Legislative Reform Page 2 proceedings would position Santa Ana as an active advocate for its residents on one of the most pressing affordability issues facing the community today. SUBMITTED BY Councilmember Jessie Lopez EXHIBIT(S) 1. City of San Diego Draft Resolution in Support of Utility Affordability and Accountability Legislation, 2025-2026 Session (unanimously adopted by the San Diego City Council on June 16, 2026) CITY ATTORNEY CITY MANAGER CITY CLERK Cnnia R ('.—ni hn AIvarn Ni lFi— 2 _Ionnifar I Hall City Council20 CIVIC CENTER PLAZA-P.O. BOX 1988, M31 -SANTA4ANA, CALIFORNIA 92702 7�7�2026 TELEPHONE(714)647-6900-FAX(714)647-6954-www.santa-ana.org t�11�12,tD (R-2026-521) RESOLUTION NUMBER R-316 8 2 9 DATE OF FINAL PASSAGE J UN 18 2026 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN DIEGO SUPPORTING CALIFORNIA SENATE BILLS 905, 1098, 943, 1138, 1359, AND 913 AND ASSEMBLY BILLS 2463, 1761, 2516, AND 2493 RELATING TO UTILITY AFFORDABILITY AND ACCOUNTABILITY FOR THE 2025-2026 CALIFORNIA LEGISLATURE REGULAR SESSION. RECITALS The Council of the City of San Diego(Council) adopts this Resolution based on the following: A. Rising utility rates in California continue to increase the cost of living for millions of residents. Between 2020 and 2025, residential rates for the three largest investor-owned utilities increased at a rapid pace, far exceeding inflation. Pacific Gas and Electric Company rates increased by an average of 13.3% annually, Southern California Edison by 12.3%, and San Diego Gas & Electric Company(SDG&E)by 9.1%. In December 2024, the California Public Utilities Commission(CPUC) authorized an additional 18% revenue requirement increase for SDG&E. San Diego County currently maintains the highest electricity rates in the nation, with costs reaching $0.45/kWh, approximately 2.5 times above the national average, and an average monthly residential bill of$313. According to 2024 and 2025 CPUC reports, SDG&E maintains the highest electricity rates in the state, and utility debt in the region has increased by over$200 million since 2021, with nearly 30% of customers now qualifying for bill assistance programs. B. The following proposed legislation, currently pending in the 2025-2026 California Legislature Regular Session in both the Senate and Assembly(collectively, Utility Affordability and Accountability Legislative Package), aim to lower utility costs and hold investor-owned utility companies accountable: -PAGE 1 OF 4- City Council 24 — 5 7/7/2026 (R-2026-521) 1. Senate Bill 905, as amended June 1, 2026, seeks to reduce utility profits on wildfire investments, expand options for low-cost public financing of capital projects, tie executive pay to reducing rate increases, and improve grid capacity. 2. Senate Bill 1098, as amended March 24, 2026, limits the use of balancing and memorandum accounts to bring more spending decisions into General Rate Cases, reducing unlimited corporate overspending. 3. Senate Bill 943, as amended March 23, 2026, directs the CPUC to develop a more equitable methodology for calculating high-voltage transmission charges and authorizes rate adjustments for industrial customers who switch to clean electricity. 4. Senate Bill 1138, as amended April 9, 2026, gives load-serving entities flexibility to meet up to 25% of resource adequacy obligations through short-term transactions, reducing unnecessary procurement costs passed to ratepayers. 5. Senate Bill 1359, as amended May 14, 2026, directs the CPUC to rigorously review gas infrastructure investments over$10,000,000 to ensure non-gas pipeline alternatives are prioritized, and forces developers instead of ratepayers to pay all upfront costs for new natural gas line extensions starting in 2030. 6. Senate Bill 913, as amended May 14, 2026,proposes several policy changes to authorize and expand the use of aggregated distributed energy resources to satisfy resource adequacy requirements. 7. Assembly Bill 2463, as amended April 13, 2026, requires the CPUC to conduct a comprehensive, systemwide review of methodologies used to determine the cost of capital and authorized return on equity for electrical and gas corporations to bring greater consistency and ratepayer protection. City Council - = 6 7/7/2026 (R-2026-521) 8. Assembly Bill 1761, as amended March 19, 2026, requires the CPUC and investor-owned utilities to publicly disclose all data and methodologies used to calculate the Power Charge Indifference Adjustment to identify billing errors. 9. Assembly Bill 2516, as amended April 13, 2026, establishes the California Grid Manufacturing Initiative to aggregate demand, coordinate procurement of critical grid components, and incentivize in-state manufacturing. 10. Assembly Bill 2493, as amended April 13, 2026, helps prevent utility overspending by increasing independent oversight of transmission projects and enabling lower- cost alternatives instead of expensive infrastructure build outs. C. Collectively,passage of the Utility Affordability and Accountability Legislative Package will help lower costs, ensure fair electricity pricing, and advance equitable and affordable energy for residents across the state. D. The City of San Diego's (City) support for the Utility Affordability and Accountability Legislative Package is consistent with previous actions by the Council to ensure accountability by investor-owned utilities and reduce rates for San Diegans. For example, in November 2023, the Council adopted San Diego Resolution R-315214 (Nov. 14, 2023) calling on the CPUC to implement improvements to oversight of gas and electric rates. E. The Office of the City Attorney prepared this Resolution based on the information provided by City staff, including information provided by affected third parties and verified by City staff, with the understanding that this information is complete and accurate. City Council -PAGE 3 O§,�_ 7 7/7/2026 (R-2026-521) ACTION ITEMS Be it resolved by the Council of the City of San Diego: l. The Council declares its full support for the Utility Affordability and Accountability Legislative Package, as referenced in Recital B. 2. The Council requests the City's Government Affairs Department staff transmit this Resolution to the City's state lobbyists and other appropriate individuals to ensure this Resolution is received by state representatives and made part of the official record of support for the Utility Affordability and Accountability Legislative Package, as referenced in Recital B. APPROVED: EATHER FERBERT, City Attorney By Alma Robbins Deputy City Attorney AR:nj a April 23, 2026 Or. Dept: Council District—9 Doc. No. 4406721 I certify that the Council of the City of San Diego adopted this Resolution at a meeting held on JUN 7 a 2g9fi DIANA J.S. FUENTES City Clerk By IVAl t�iputy ity C1 Approved: v v (date) TODD GLORIA, Mayor Vetoed: (date) TODD GLORIA, Mayor City Council -PAGE 4 W=. 8 7/7/2026 JUN 1 62026 b the following vote: Passed by the Council of The City of San Diego on y g Councilmembers Yeas Nays Not Present Recused Joe LaCava 0 Jennifer Campbell 0 0 Stephen Whitburn 0 0 Henry L. Foster III 0 0 0 Marni von Wilpert Kent Lee 0 0 0 Raul A. Campillo 0 0 Vivian Moreno 0 0 Sean Elo-Rivera 0 0 0 Date of final passage SUN 1 g 2026 (Please note: When a resolution is approved by the Mayor, the date of final passage is the date the approved resolution was returned to the Office of the City Clerk.) TODD GLORIA AUTHENTICATED BY: Mayor of The City of San Diego, California. DIANAJ.S. FUENTES (Seal) City Clerk of The City of San Diego, California. By , Deputy Office of the City Clerk, San Diego, California Resolution Number R- 316629, City Council 24 — 9 7/7/2026