Agenda packet — Costa Mesa City Council, April 19, 2022

City of Costa Mesa

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, April 19, 2022
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
The City Council meetings are presented in a hybrid format, both in-person at City Hall and virtually via Zoom Webinar. Pursuant to the State of California Assembly Bill 361(Gov. Code §54953(b)(3)) the City Council Members and staff may choose to participate in person or by video conference.

You may participate via the following options:

1. Attending in person: It is recommended that all persons regardless of vaccination status continue to wear a mask while indoors at City Hall or the Council Chambers.

2. Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.

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Agenda April 19, 2022

3. Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
https://us06web.zoom.us/j/98376390419?pwd=dnpFelc5TnU4a3BKWVIyRVZMallZZz09 Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 983 7639 0419/ Password: 905283
• If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically.
• Select “Join Audio via Computer.”
• The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins.
• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 983 7639 0419/ Password: 905283 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

4. Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected]. Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.

5. Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.

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Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting.

Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.

All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.

Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.

As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.

A minimum number of hard copies of the agenda will be available in the Council Chambers.

For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing.

The City of Costa Mesa aims to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is currently provided, the Clerks office will attempt to accommodate in a reasonable manner. Note, Closed Captioning is available via the Zoom application. Please contact the City Clerk’s office 24 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible 714-754-5225 or at [email protected].

El objetivo de la Ciudad de Costa Mesa es cumplir con la ley de Estadounidenses con Discapacidades (ADA) en todos los aspectos. Si como asistente o participante en esta junta, usted necesita asistencia especial, más allá de lo que actualmente se proporciona, la oficina del Secretario de la Ciudad intentara de complacer en una forma razonable. Favor de comunicarse con la oficina del Secretario de la Ciudad con 24 horas de anticipación para informarnos de sus necesidades y determinar si alojamiento es realizable al 714-754-5225 o [email protected].

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Agenda April 19, 2022
CLOSED SESSION - 4:00 P.M.

CALL TO ORDER

ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.

CLOSED SESSION ITEMS:

1. PUBLIC EMPLOYMENT WORKERS' COMPENSATION CLAIM
Pursuant to California Government Code Section 54956.9 (b)(1) WCAB NO. ADJ12260822

2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa v. Ohio House, LLC, a California limited liability corporation; Richard Perlin, Nancy Perlin, Dolores Perlin, and Brandon Stump as individuals, Orange County Superior Court Case No. 30 2018 01006173 CU OR NJC.

3. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Katherine Sherouse individually and doing business as Camp Lila v.

City of Costa Mesa, et al., United States District Court, Central District of California, Civil Action No. 8:22-cv-00756-JVS-ADSx

4. CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION - ONE CASE Pursuant to California Government Code Section 54956.9(d)(2), Potential Litigation

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HOUSING AUTHORITY
Agenda April 19, 2022

REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
APRIL 19, 2022 – 6:00 P.M.

JOHN STEPHENS
Mayor

MANUEL CHAVEZ ANDREA MARR
Council Member - District 4 Mayor Pro Tem - District 3

JEFFREY HARLAN LOREN GAMEROS
Council Member - District 6 Council Member - District 2

ARLIS REYNOLDS DON HARPER
Council Member - District 5 Council Member - District 1

KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager

CALL TO ORDER

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
MOMENT OF SOLEMN EXPRESSION - Led by John Begin
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]

ROLL CALL

CITY ATTORNEY CLOSED SESSION REPORT

PRESENTATIONS

1. Proclamation: Armenian Genocide Remembrance 22-662
Armenian Genocide RemembranceAttachments:

2. Proclamation: Let's Be Kind Month 22-658
Let's Be Kind MonthAttachments:

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Agenda April 19, 2022

3. Proclamation: National Public Safety Telecommunications Week 22-656 Public Safety Telecommunications WeekAttachments:

4. Proclamation: Arbor Day and Earth Day 22-657
Arbor Day and Earth DayAttachments:

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments are limited to 3 minutes, or as otherwise directed.

Comments on Consent Calendar items may also be heard at this time.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 4 minutes. Additional comments will be heard at the end of the meeting.

1. Council Member Chavez

2. Council Member Gameros

3. Council Member Harlan

4. Council Member Harper

5. Council Member Reynolds

6. Mayor Pro Tem Marr

7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR (Items 1-6)
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.

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Agenda April 19, 2022

1. PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY

OF ALL ORDINANCES AND RESOLUTIONS
22-598
RECOMMENDATION:

City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.

2. READING FOLDER 22-621
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Camp Lila; Sohelia Nasiri.

3. ADOPTION OF WARRANT RESOLUTION 22-655
RECOMMENDATION:

City Council approve Warrant Resolution No. 2678
Summary Check Registar Week of 3.28.2022
Summary Check Registar Week of 4.4.22
Attachments:

4. ADOPTION OF A RESOLUTION TO ALLOW MEMBERS OF THE CITY

COUNCIL, COMMISSIONS AND COMMITTEES TO PARTICIPATE IN

THE MEETINGS REMOTELY, AS NEEDED, DUE TO HEALTH AND

SAFETY CONCERNS FOR THE MEMBERS AND THE PUBLIC
22-626
RECOMMENDATION:

Staff recommends the City Council adopt Resolution 2022-xx to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:
· The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City ’s legislative bodies to meet safely in person; and
· Federal, State and /or local officials continue to impose or recommend measures to promote social distancing.

1. Resolution No. 2022-xxAttachments:

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Agenda April 19, 2022

5. SERVICE AGREEMENT AMENDMENTS WITH TYLER

TECHNOLOGIES AND PARK CONSULTING PERTAINING TO
IMPLEMENTATION OF THE CITY ’S LAND MANAGEMENT SYSTEM
(LMS) UPDATE
22-654
RECOMMENDATION:

Staff recommends the City Council:

1. Authorize the City Manager and City Clerk to execute Amendment No. 2 with Tyler Technologies, increasing the total compensation to a not-to-exceed amount of $1,060,856, in substantially the form as attached and in such final form as approved by the City Attorney.

2. Authorize the City Manager and City Clerk to execute Amendment No. 3 with Park Consulting Group, increasing the total compensation to a not-to-exceed amount of $393,250.

3. Authorize the City Manager to approve future amendments to the agreement with Park Consulting Group in an amount not- to-exceed $100,000.

1. Amendment 3 to Tyler Technologies

2. Amendment 2 to Park Consulting
Attachments:

6. MONTHLY UPDATE OF STRATEGIC PLAN GOALS AND

OBJECTIVES
22-645
RECOMMENDATION:

Staff recommends the City Council approve the April 2022 update to the City of Costa Mesa’s Strategic Plan Goals and Objectives.

1. Strategic Objectives Update April 2022Attachments:

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR
------------------------------END OF CONSENT CALENDAR------------------------------- PUBLIC HEARINGS: None
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) OLD BUSINESS: None

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Agenda April 19, 2022
NEW BUSINESS:

1. PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL

KITCHEN OPERATION AND MEAL SERVICES FOR THE COSTA

MESA BRIDGE SHELTER
22-631
RECOMMENDATION:

Staff recommends the City Council:

1. Award a Professional Services Agreement (PSA) to Bracken’s Kitchen, for a term of 1 year with 3 one-year renewal options, in an amount not to exceed $327,600 annually for commercial kitchen operation and meal services for the Costa Mesa Bridge Shelter.

2. Authorize the City Manager and the City Clerk to execute the agreement and any future amendments to the agreement.

PSA with Bracken's KitchenAttachments:

2. AWARD OF CONTRACT FOR CITYWIDE LANDSCAPE

MAINTENANCE SERVICES
22-638
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the proposed Maintenance Services Agreement (MSA) with Brightview Landscape Services, Inc. for citywide parks and landscape maintenance services, in an amount not to exceed $2,364,061 annually, for an initial term of three ( 3) years with two ( 2) optional one-year extensions for a total of five years.

2. Approve a 10% contingency annually for irrigation and landscape repairs and other unforeseen costs and approval for Consumer Price Index (CPI) escalation and de-escalation.

3. Authorize the City Manager and City Clerk to execute the MSA and future amendments to the agreement within Council authorized limits with Brightview Landscape Services, Inc.

1. Maintenance Services AgreementAttachments:

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

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Agenda April 19, 2022

ADJOURNMENT

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10 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-662 Meeting Date: 4/19/2022
TITLE:

Proclamation: Armenian Genocide Remembrance
DEPARTMENT: City Manager’s Office

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13 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-658 Meeting Date: 4/19/2022
TITLE:

Proclamation: Let’s Be Kind Day
DEPARTMENT: City Manager’s Office

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-656 Meeting Date: 4/19/2022
TITLE:

Proclamation: National Public Safety Telecommunications Week DEPARTMENT: Click or tap here to enter text.

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-657 Meeting Date: 4/19/2022
TITLE:

Proclamation: Arbor Day and Earth Day
DEPARTMENT: City Manager’s Office

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20 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-598 Meeting Date: 4/19/2022
TITLE:

PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY OF ALL ORDINANCES AND

RESOLUTIONS
RECOMMENDATION:

City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.

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21 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-621 Meeting Date: 4/19/2022
TITLE:

READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Camp Lila; Sohelia Nasiri.

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22 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-655 Meeting Date: 4/19/2022
TITLE:

ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: Finance Department
PRESENTED BY: Carol Molina, Finance Director
CONTACT INFORMATION: Carol Molina at (714) 754-5243
RECOMMENDATION:

City Council approve Warrant Resolution No. 2678
BACKGROUND:

In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.

FISCAL REVIEW:

Funding Payroll Register No. 22-07 On Cycle for $ 2,796,214.68, 22-06 “A”for $1,244.70 and City operating expenses for $2,223,660.90

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-626 Meeting Date: 4/19/2022
TITLE:

ADOPTION OF A RESOLUTION TO ALLOW MEMBERS OF THE CITY COUNCIL, COMMISSIONS

AND COMMITTEES TO PARTICIPATE IN THE MEETINGS REMOTELY, AS NEEDED, DUE TO

HEALTH AND SAFETY CONCERNS FOR THE MEMBERS AND THE PUBLIC DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, (714) 754-5221 RECOMMENDATION:

Staff recommends the City Council adopt Resolution 2022-xx to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:
· The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and · Federal, State and/or local officials continue to impose or recommend measures to promote social distancing.

BACKGROUND:

Pursuant to AB 361, the City Council will need to declare every 30 days that the City’slegislative bodies and individual members can continue to meet remotely, as needed, in order to ensure the health and safety of the members and the public.

On September 17, 2021 the Governor signed into law AB 361, which allows local legislative bodies to continue to meet remotely, and waive certain posting requirements if:
· The local agency holds a meeting during a declared state of emergency; · State or local health officials have imposed or recommended measures to promote social distancing; and
· Legislative bodies declare the need to meet remotely due to present risks to the health or safety of all attendees.

ANALYSIS:

The City meets the requirements of AB 361 to continue holding meetings remotely in order to ensure the health and safety of the members, public and its employees. Both the California Department of

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the health and safety of the members, public and its employees. Both the California Department of Public Health and the County of Orange Public Health Officer have issued recommendations that members of vulnerable populations (such as older adults and those persons with an elevated risk due to certain medical conditions) continue to practice social distancing. The City cannot ensure social distancing requirements are always met inside the Council Chambers and/or Conference Rooms where the City Council, Commissions, and Committees meet, making it difficult for members of these bodies, City staff, and members of the public to consistently socially distance from each other with absolute certainty.

Staff recommends that the City Council adopt the proposed resolution making the required findings that the City Council, Commission and Committee meetings can continue to meet remotely, as needed, pursuant to the requirements of AB 361.

ALTERNATIVES:

City Council may choose not to hold City Council, Commission and Committee meetings remotely via Zoom. The City would then be required to hold all public meetings in-person.

FISCAL REVIEW:

There is no fiscal impact associated with this item.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this agenda report, has prepared the proposed Resolution, and approves them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life.

CONCLUSION:

Staff recommends the City Council adopt Resolution 2022-xx to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:
· The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and · Federal, State and/or local officials continue to impose or recommend measures to promote social distancing.

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ATTACHMENT 1
Resolution No. 2022-xx Page 1 of 2

RESOLUTION NO. 2022-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKING

THE LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC” MEETINGS DURING THE STATE OF

EMERGENCY

THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS:

WHEREAS, on March 4, 2020, pursuant to California Gov. Code Section 8625, the Governor declared a state of emergency;
WHEREAS, on September 17, 2021, Governor Newsom signed AB 361, which bill went into immediate effect as urgency legislation;
WHEREAS, AB 361 added subsection (e) to Section 54953 to authorize legislative bodies to conduct remote meetings provided the legislative body makes speci fied findings;
WHEREAS, as of September 19, 2021, the COVID -19 pandemic has killed more than 67,612 Californians;
WHEREAS, social distancing measures decrease the chance of spread of COVID- 19;
WHEREAS, this legislative body previously adopted a resolution to authorize this legislative body to conduct remote “telephonic” meetings; WHEREAS, Government Code 54953(e)(3) authorizes this legislative body to continue to conduct remote “telephonic” meetings provided that it has timely made the findings specified therein.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Costa Mesa does hereby declare that it has reconsidered the circumstances of the state of emergency declared by the Governor and at least one of the following is true: (a) the state of emergency, continues to directly impact the ability of the members of this legislative body to meet safely in person; and/or (2) state or local officials continue to impose or recommend measures to promote social distancing.

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ATTACHMENT 1
Resolution No. 2022-xx Page 2 of 2

PASSED AND ADOPTED this __ day of ___, 2022.

___________________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

________________________ ___________________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2022-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the ___ day of ___, 2022, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this __ day of __, 2022.

_________________________________

BRENDA GREEN, CITY CLERK

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-654 Meeting Date: 4/19/2022
TITLE:

SERVICE AGREEMENT AMENDMENTS WITH TYLER TECHNOLOGIES AND PARK CONSULTING PERTAINING TO IMPLEMENTATION OF THE CITY’S LAND MANAGEMENT

SYSTEM (LMS) UPDATE
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING

DIVISION
PRESENTED BY: DANIEL INLOES, ACTING PRINCIPAL PLANNER / ECONOMIC

DEVELOPMENT ADMINISTRATOR
CONTACT INFORMATION: DANIEL INLOES, AICP 714-754-5088;
[email protected]
RECOMMENDATION:

Staff recommends the City Council:

2. Authorize the City Manager and City Clerk to execute Amendment No. 3 with Park Consulting Group, increasing the total compensation to a not-to-exceed amount of $393,250.

3. Authorize the City Manager to approve future amendments to the agreement with Park Consulting Group in an amount not-to-exceed $100,000.

BACKGROUND:

On October 1, 2019, the City Council approved $1,974,693 for the City’s comprehensive LMS update, including approving a contract with Tyler Technologies for the new Energov software and the associated implementation services. The link to the staff report is provided here:
<http://ftp.costamesaca.gov/costamesaca/council/agenda/2019/2019-10-01/NB-2.pdf>. The new LMS software will replace “Permits+”, which was originally acquired in 1996 and is antiquated, inefficient, and no longer supported by the vendor.

The implementation of the LMS system is a multi-year, multi-departmental effort and will take place in five stages. The City and Tyler Technologies have completed Stages 1 and 2 (“Initiateand Plan”and “Assess and Define”), and are currently advancing through Stage 3 (“Build and Validate”). On its current trajectory, the LMS will “go live” in mid-2023. Refer to Graphic 1 for a summary of the

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implementation stages.

While each stage has been the culmination of a substantial amount of work and input from multiple departments, the continual use of in-house staff to build and configure the required workflows, reports, and automations on the agreed upon schedule is not feasible given staffing vacancies and department workload. Therefore, staff is seeking to reallocate specific work items from in-house staff to Tyler Technologies and Park Consulting in order to expedite this important launch and remain on schedule.

Upon completion, the new LMS will provide improved customer service, staff efficiency, and transparency including:
· An integrated City-wide land information system which will serve all departments that process applications, permits, licenses, and citations;
· Data conversion so that all records from multiple databases, from 1998 to the present, will be consolidated and stored in the new system;
· A one-stop shop central data location to store and retrieve all property information in the City, both public and private;
· A spatially-based database, which allows for permits, licenses, etc. to be geocoded and integrated with the City’s GIS system;
· A new online permit application portal allowing customers to search the database and track their project status;
· A paperless process with online submittal and electronic plan review, which will be more environmentally-friendly, and time and resource-efficient; and · Field staff applications that allow for information to be viewed and added in real time, while staff is in the field.

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Graphic 1 - General Implementation Summary

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ANALYSIS:

Amendment for Tyler Technologies
The original agreement with Tyler Technologies for the implementation of a new LMS included software, technical services, and administrative expenses totaled $901,606. The City has already paid the full cost of the software in the amount of $387,306 and the remaining funds of $514,300 were allocated to fund a shared-service implementation model based on a time and materials agreement. The City has paid Tyler Technologies for the completion of Stages 1, 2 and part of 3. The proposed amendment of $159,250 is required to fund the remaining implementation services and project management costs necessary to complete the final stages of the implementation. Staff also is retaining the $100,000 contingency fund approved in 2019 by City Council to address any future services or software modules needed from Tyler Technologies for implementation.

Amendment for Park Consulting
The current agreement with Park Consulting totals $99,500 and included limited technical services intended to offset in-house staff time commitments to LMS. A $293,750 contract amendment is requested to expand Park Consulting’sscope to include completion of work for independent technical processes that help process, issue, automate and report the licenses, applications, permits, plan checks, requests, and citations the system will process citywide. This work would have otherwise been completed by in-house City staff in addition to their existing work duties. Additionally, staff seeks to allow for future amendments not to exceed $100,000 to be approved by the City Manager.

These funds would be to cover any additional processes, reports, or automations that are needed to be built by Park Consulting.

ALTERNATIVES:

The City Council could decide not to approve one or both of the proposed contract amendments.

However, staff does not recommend this course of action. Such actions would result in the continuation of the current shared service implementation model whereby in-house staff (approximately 40 existing personnel) will be responsible for completing LMS work tasks concurrently with existing workloads. This model will result in significant delays in the LMS launch and additional contract costs with Tyler Technologies due to project delays.

FISCAL REVIEW:

Funding for the above-mentioned agreements and any future amendments are available in the Information Technology Replacement Fund (ITRF), under the FY2021-22 Land Management System (LMS) Project Budget (Project #20086).

LEGAL REVIEW:

The City Attorney’s Office has prepared the subject agreement amendments and reviewed and approved this report as to form.

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File #: 22-654 Meeting Date: 4/19/2022
CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

Staff recommends the City Council:

2. Authorize the City Manager and City Clerk to execute Amendment No. 3 with Park Consulting Group, increasing the total compensation to a not-to-exceed amount of $393,250.

3. Authorize the City Manager to approve future amendments to the agreement with Park Consulting Group in an amount not-to-exceed $100,000.

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1 Tyler Technologies, Inc.

Amendment Two

AMENDMENT TWO
TO TYLER TECHNOLOGIES, INC. LICENSE AND SERVICES AGREEMENT THIS AMENDMENT TWO TO TYLER TECHNOLOGIES, INC. LICENSE AND SERVICES AGREEMENT (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc., with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the City of Costa Mesa, with offices at 77 Fair Drive, Costa Mesa, CA 92626 (“Client”).

WHEREAS, Tyler and the Client are parties to a License and Services Agreement dated October 30, 2019 relating to the acquisition and implementation of a new land management system for the Client (“Agreement”); and
WHEREAS, Tyler and Client amended certain terms of the Agreement through Amendment One to the Agreement, which Amendment One was effective as of May 4, 2020; and WHEREAS, the extension of stages 1 and 2 of the project significantly exceeded budgeted hours; and
WHEREAS, Tyler and Client desire to amend the terms of the Agreement to provide for the additional time, hours and compensation needed to complete the final stages of the project.

NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows:

1. Exhibit A (Investment Summary), EnerGov Professional Services , is hereby amended to reflect the following changes to the Professional Implementation Services and Professional Management Services line items:

Description Hours/Units Unit Price Extended Price
Professional Implementation Services 1,972 $175.00 $345,100.00 Professional Management Services 664 $175.00 $116,200.00

2. Exhibit A (Investment Summary), EnerGov Professional Services, is hereby amended to reflect the following total:

TOTAL: $639,550.00

3. Exhibit A (Investment Summary), Summary, is hereby amended as follows:

Summary One-Time Fees Recurring Fees
Total SaaS $0.00 $17,608.00
Total Tyler Software $487,306.00 $118,092.00
Total Tyler Services $639,550.00 $0.00
Total 3rd Party Hardware, Software and Services $0.00 $0.00 Contract Summary Total $1,026,856.00 $135,700.00
Estimated Travel Expenses $34,000.00
Contract Total $1,060,856.00
ATTACHMENT 1
117

2 Tyler Technologies, Inc. Amendment Two
Recurring Fees Year 1 $17,608.00 Year 2 $142,485.00 Year 3 $149,609.00 4. Exhibit E (Statement of Work), Section 1.3, is hereby amended as follows: Initiate & Plan October 2019 – November 2020 Assess & Define November 2020 – December 2021 Build & Validate December 2021 – December 2022 Final Testing & Training December 2022 – November April 2023 Production Cutover (Go Live) April 2023 – May 2023 Closure June 2023 5. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement. 6. Except as expressly indicated in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS.] 118

3 Tyler Technologies, Inc. Amendment Two
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below. TYLER TECHNOLOGIES, INC. CITY OF COSTA MESA, CA By: By: Name: Name: Title: Title: Date: Date: ATTEST: Brenda Green City Clerk APPROVED AS TO FORM: Kimberly Hall Barlow City Attorney 119
1 Park Consulting Group, Inc. Amendment Three
Rev. 05-20

AMENDMENT NUMBER THREE

TO PROFESSIONAL SERVICES AGREEMENT
WITH
PARK CONSULTING GROUP, INC.

THIS AMENDMENT NUMBER THREE (“Amendment”) is made and entered into this 19th day of April, 2022 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and PARK CONSULTING GROUP, INC. , a California corporation (“Consultant”).

WHEREAS, City and Consultant entered into an agreement dated September 24, 2021 for Consultant to provide consulting services (the “Agreement”); and WHEREAS, City and Consultant amended Consultant’s maximum annual compensation through Amendment Number One to the Agreement, dated December 13, 2021; and WHEREAS, City and Consultant amended the Scope of Services and increased Consultant’s maxi mum annual compensation through Amendment Number Two t o the Agreement, dated March 21, 2022; and
WHEREAS, City and Consultant now desire to amend the Scope of Services to include the additional services set forth in Exhibit “A,” attached hereto and incorporated herein; and WHEREAS, City desires to amend the Agreement to reflect that Consultant’s maximum compensation shall not exceed Three Hundred Ninety -Three T housand Two Hundred Fifty Dollars ($393,250.00); and
WHEREAS, City and Consultant desire to amend Section 4.1 of the Agreement as set forth herein.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. The Scope of Services shall be amended to include the additional services set forth in Exhibit A. City agrees to pay Consu ltant for such additional services in accordance with the fee schedules set forth in Exhibit A.

2. Section 2.1 of the Agreement shall be amended to read as follows:

2.1. Compensation. Consultant’s total compensation shall not exceed Three Hundred Ninety-Three Thousand Two Hundred Fifty Dollars ($393,250.00).

3. Section 4.1 of the Agreement shall be amended to read as follows:

4.1. Term. This Agreement shall commence on the Effective Date and continue through December 31, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4. All terms not defined herein shall have the same meaning and use as set forth in the Agreement.

ATTACHMENT 2
120
2 Park Consulting Group, Inc. Amendment Three Rev. 05-20

5. All other terms, conditions, and provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect. 6. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first written above. CITY OF COSTA MESA ________________________________ Date: __________________________ City Manager CONSULTANT ________________________________ Date: __________________________ Signature ________________________________ Name and Title ATTEST: ________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Date: __________________________ City Attorney APPROVED AS TO INSURANCE: ________________________________ Date: __________________________ Risk Management 121
3 Park Consulting Group, Inc. Amendment Three Rev. 05-20 APPROVED AS TO CONTENT: ________________________________ Date: __________________________ Project Manager DEPARTMENTAL APPROVAL: ________________________________ Date: __________________________ Economic and Development Services Director APPROVED AS TO PURCHASING: ________________________________ Date: __________________________ Finance Director 122

EXHIBIT A ADDITIONAL SERVICES
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SCOPE OF SERVICES AND COST PROPOSAL

The following is Park Consulting Group’s (PCG) proposed approach of the consulting services needed to support the City of Costa Mesa for the LMS Implementation Project – Sprint 4 Back-Office Configuration, Reports and Forms Design and Development, and Automations (I/O) Configuration:

SPRINT 4 BACK-OFFICE CONFIGURATION:

A. Park Consulting Group is responsible for the following tasks related to the completion of configuration and development detailed in Attachment 1:

• PCG will be responsible for the configuration of the Business Process Tracker items identified in Attachment 1, from the Tyler Tech EnerGov Project Sharepoint Site – Business Process Tracker. The original (first) ‘Final -signed’ Business Process Questionnaire .pdf attachments for each Business Process Tracker item will be the sole reference source for the configuration. Configuration will be performed in EnerGov v2021.

• PCG will facilitate reviews with the City’s functional leads who are responsible to validate configuration that matches the Business Process Questionnaires and exiting configuration guide, Configuration Standardization Guide_vk2 0220314.docx, which itemizes some configurations already implemented within previous sprints and necessary for consistency or proper configuration.

• PCG will resolve configuration corrections identified by the City’s functional leads b ased on non-matching configuration in comparison to the Questionnaires.

• PCG will facilitate reviews for correction validation with the City’s functional leads who are responsible to validate configuration that matches the Business Process Questionnaires.

• PCG will provide a lead functional consultant for the project along with an additional functional consultant in order to achieve on-time delivery of milestones in Section C.

B. Key Assumptions
• City will provide a primary project contact available daily throughout the duration of services to successfully deliver PCG services. If the primary project contact is not available for a particular day, a back-up will be provided by the City.

• City will provide process leads and subject matter experts to serve as project team members that are sufficiently available throughout the duration of services to successfully deliver PCG services in a timely, efficient, and productive manner.

• In order to meet timelines, City SMEs will answer questions and provide feedback and 124

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responses in a timely manner (within 2 business days).

• City estimates PCG should have the full ability to deliver the project remotely with no on- site visits and/ or incurred travel costs. If travel is required, PCG will seek approval from the City on travel expense reimbursement.

• Remote access and full system administrator access to EnerGov will be needed upon the start of work. This includes, and is not limited to, access to VPN/virtual desktop logins, Google Chrome and Internet Explorer, EnerGov Application, EnerGov Application Server, EnerGov Services Server, EnerGov Database and DB Server, and Tyler Tech Project Sharepoint.

• Configuration will be performed based on approved Business Process Questionnaires (in scope inventory provided in Attachment 1). If any changes are required or requested beyond the documentation in the Business Process Questionnaires, City will be responsible to track these as change requests. PCG may provide configuration changes based on the hourly rates provided in Section C. Hourly work must be approved by City’s project manager in advance.

• Excluded sections of Business Process Questionnaires for configuration:
o Automations Section – Excludes automations and georules configuration. o Reports Section – Excludes reports / forms development. o CSS Configuration – Excludes CSS or online-related configuration. This includes, and is not limited to: CSS Admin Case Type Creation, Online Custom Field Layouts, CSS Electronic Signatures, etc.

• Unconfigurable items - Business Process Questionnaires are based on the EnerGov system available at the time of PCG’s configuration work and will have the ability to enable the functionality as specified in the Business Process Questionnaires. Any functionality that is not able to be configured and/or results in system errors will be excluded as required for milestone sign-off.

• Incomplete specifications - Business Process Questionnaires are complete and configurable by the City and Tyler Tech. Any gaps in specifications that prevent configuration completion will be excluded as required for milestone sign-off.

• Conflicting Configuration Work – Tyler Tech and City activities in the EnerGov system will not conflict with the PCG’s configuration work. Any rework created by conflicting configuration work, such-as updates/ changes/ overwriting, will exclude the applicable Business Process components as required for milestone sign-off. The City may request rework to be completed by PCG based on the hourly rates provided in Section C.

• Dependent Global Configuration and Sprint 1 & 2 Configuration - The City and Tyler Tech are responsible for the configuration and setup of global configuration listed in 125

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Client Questionnaire Results > Department = All Department and the planned Sprint 1 & Business Processes (provided on Feb 24, 2022). Global Configuration and Sprint 1 & 2 configuration that the Business Process Questionnaires are dependent on will be complete by the time PCG begins configuration activities. Any gaps in required configuration that prevent PCG’s configuration completion will be excluded as required for milestone sign-off.

• Existing Configuration Clean-up – PCG will not be responsible for clean-up of existing configuration created by Tyler Tech or the City to complete configuration work. The City may request clean-up to be completed by PCG based on the hourly rates provided in Section C.

• Milestone schedule – The following ‘Sprint’ schedule provided by the City, in agreement with Tyler Tech, is based on the current project timeline. Fixed-price compensation is based on the Sprint schedule. If start dates and/or end dates of Sprints are adjusted by the City or Tyler Tech, a change order and additional compensation will be required to continue to secure PCG resources through the adjusted duration of the Sprint schedule.

Sprint Start Date End Date
Sprint 3 03/21/22 04/29/22
Sprint 4 05/02/22 06/17/22
Sprint 5 06/20/22 08/04/22
Sprint 6 08/05/22 09/23/22

• PCG will provide up to 2 hours review configuration with functional leads for each unique process. All taxonomies are included within the 2 hours for each unique configured process.

• Status meetings will be scheduled on an ad-hoc basis with the City as configuration progress is made. PCG will not be required to attend Tyler Tech meetings and other project meetings.

• PCG will proceed with this scope of work after Sprint 3 back-office configuration process items are completed.

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C. Total not-to-exceed budget and duration of services:
• Total Not to Exceed: $79,000
• Duration of Services: April 19, 2022 – June 30, 2022
• PCG’s services are proposed with a fixed-price compensation approach tied to the following/ milestones and deliverables. Each will be billed based on the back-office configuration completion of the following processes:

Milestones ID Process Name Amount
Milestone 1
35 City Projects_Planning
$19,750 31 Appeal_Planning
11 Banner Permit_Planning
Milestone 2
40 Screenings_Planning
$19,750
30 Antenna_Planning
9 Group Home Permit_Code
21 Public Entertainment Permit_Code
Enforcement
Milestone 3
15 CIP_Engineering
$19,750
27 Subdivison Map_Engineering
28 Vacation-Abandonment Right-of-
Way_Engineering
29 WQMP_Engineering
Milestone 4
16 Construction Permit_Fire
$19,750 24 SingleEventPermit_Fire
6 Film Permit_Transportation
TOTAL AMOUNT $79,000
*Cancellation of initiated milestones will result in full payment amount of the initiated milestone.

• Park Consulting Group provides a broad range of Building and Permitting System implementation, advisory, and development services. City may request additional services outside of the scope of services and will be considered based on the established hourly rates below:

PCG Resources 2022-23
Rates
LMS Configuration &
Report Development
LMS Principal Consultant $225/ hour
LMS Lead Functional Consultant $195/ hour
LMS Functional / Configuration Consultant $175/ hour
Reports / Stored Procedure Developer $175/ hour
GIS
GIS Principal Consultant $195/ hour
GIS Senior Consultant $175/ hour
GIS Consultant $150/ hour
Server/ Network
Server/ Network Principal Consultant $195/ hour
Server/ Network Consultant $175/ hour
Server/ Network Technician $150/ hour
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ATTACHMENT 1
Business Process Tracker - Configuration Inventory
PCG will be responsible for the completion of the following Business Process Tracker items identified in the Tyler Tech EnerGov Project Sharepoint Site – Business Process Tracker. The original (first) ‘Final-signed’ .pdf attachment will be the reference source for the configuration.

ID Process Name Division
35 City Projects_Planning Planning
31 Appeal_Planning Planning
11 Banner Permit_Planning Planning
40 Screenings_Planning Planning
30 Antenna_Planning Planning
9 Group Home Permit_Code Code Enf
21 Public Entertainment Permit_Code Enforcement Code Enf 15 CIP_Engineering Engineering
27 Subdivison Map_Engineering Engineering
28 Vacation-Abandonment Right-of-Way_Engineering Engineering 29 WQMP_Engineering Engineering
16 Construction Permit_Fire Fire
24 SingleEventPermit_Fire Fire
6 Film Permit_Transportation Transportation

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REPORTS & FORMS DEVELOPMENT:

Duration of services: April 1, 2022 – December 31, 2024 D. Park Consulting Group will provide the City of Costa Mesa with the services associated with the City’s EnerGov implementation project such as those listed below:

Reports and Forms Design and Development:
• Provide report and form development services to design, develop, and deploy City- assigned non-standard forms and statistical reports generated from EnerGov. List of reports to be delivered are provided in Attachment 2.
• Reports and Forms will be developed with SSRS unless City approves the use of Crystal Reports.
• Park Consulting Group will own and perform the following services related to reports and forms design and development:
• Review specifications document and provide feedback as required to ensure requirements are fully understood for development
• Design and develop templates required for reports and forms (the City may have the opportunity to design and develop templates to conserve hours for PCG report and form development. This will be determined on a case-by- case basis by PCG)
• Develop stored procedures and queries required for reports and forms • Prepare and stored procedures development package to be sent to Tyler Tech
• Send and stored procedures/ queries as required by Tyler Tech and cc: City (PCG can also manage this process through a City facilitated process) • Attend meetings with City and Tyler Tech related to design, development, and deployment of reports and forms
• City of Costa Mesa will own and perform the following activities related to reports and forms design and development in an effort to create a more seamless transition for the City’s staff to self-support the reports after Go-Live:
• Provide a prioritized list of reports and forms to be developed before Go-Live • Information gathering and specifications of reports and forms required to be developed with comments in PDF or Word doc format detailing the filters, EnerGov module, case types and workclasses, standard and custom fields, workflow steps, workflow actions, activities, etc. (If configuration is not complete when PCG report and form design and development work begins, additional hours and effort will be required to address delays and rework) • Populate all sample data (and all process variations) related to the required reports and forms in applicable EnerGov environment(s). This is to ensure queries return expected data during development, QA, and testing • Test deployed reports within all applicable modules and case types and provide feedback and issues to PCG
• City of Costa Mesa will work with Tyler Tech to provide the following for PCG:
• Access to Tyler Tech Sharepoint Site and Report Tracker • Regular database backups of the EnerGov environment with the most up-to- date configuration and all related populated test data
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• Database backups to be transferrable to PCG technical environments to develop reports and forms
E. Key Assumptions
• City will provide a primary project contact available daily throughout the duration of services to successfully deliver PCG services. If the primary project contact is not available for a particular day, a back-up will be provided by the City.

• In order to meet timelines, City SMEs will answer questions and provide feedback and responses in a timely manner (within 2 business days).

• Reports and forms will be developed within the best practices established by Tyler Technologies, SSRS, and Crystal Reports. If limitations exist in requested method of development (SSRS), then Crystal Reports may be utilized to meet the requests of the reports/ forms requirement after approval from the City’s project manager is given.

• Configuration will be performed based on approved reports and forms specifications uploaded into Tyler Tech Sharepoint. If any changes are required or requested beyond the documentation in the approved specifications, City will be responsible to track these as change requests. PCG may provide configuration changes based on the report estimates and hourly rates provided in Section F.

• Undevelopable items – Specifications are based on the EnerGov system and database available at the time of PCG’s configuration work and will have the ability to enable the approved specifications. Any intended configuration that is not configured and results in delays of completing report and form development at the time report and form development has begun, may be excluded from the report and form development and result in a change order for additional report and form development. Additionally, if requested report / forms functionality is not available in SSRS, Crystal Reports, and/or 130

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Tyler Technologies systems, then report/ form may be descoped from development.

• Incomplete specifications – Any gaps in approved specifications that prevent configuration completion may result in a change order for report and form development.

• Conflicting configuration and development work – Tyler Tech and City activities in the EnerGov system will not conflict with the PCG’s report and form development work. Any rework created by conflicting report and form development work, such-as updates/ changes/ overwriting Business Process components and/or developed report and form development work by the City or Tyler Tech. The City may request rework to be completed by PCG based on the hourly rates provided in Section F.

• Dependent Global Configuration and Sprint 1 & 2 Configuration - The City and Tyler Tech are responsible for the configuration and setup of global configuration listed in Client Questionnaire Results > Department = All Department and the planned Sprint 1 & Business Processes (provided on Feb 24, 2022). Global Configuration and Sprint 1 & 2 configuration that the report specifications are dependent on will be complete by the time PCG begins report and form development activities. Any gaps in required configuration that prevent PCG’s report and form development completion may impact timeline to complete reports and forms and result in a change order for report and form development.

• Existing Configuration Clean-up – PCG will not be responsible for clean-up of existing configuration created by Tyler Tech or the City to complete report and form development. The City may request clean-up to be completed by PCG based on the hourly rates provided in Section F.

• Status meetings will be scheduled on an ad-hoc basis with the City as configuration progress is made. PCG will not be required to attend Tyler Tech meetings and other project meetings.

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F. Total not-to-exceed budget and duration of services:
• Total Not to Exceed: $171,000 (est. $2,850 per report). PCG will work with the City to select 60 reports from Attachment 2.
• Duration of Services: April 19, 2022 – December 31, 2024 • PCG’s services are proposed with a time and materials compensation approach and reports and forms development services will be considered based on the established hourly rates below and report estimates:

PARK CONSULTING GROUP

ATTACHMENT 2
Report Tracker
PCG will be responsible for the completion of 60 of the following Report Tracker items identified in the Tyler Tech EnerGov Project Sharepoint Site – Report Tracker. The original (first) ‘Final-signed’ .pdf specifications document attachment will be the reference source for the report and form development.

ID Report/ Form Title Description Department Project Priority 1 Special Event Permit
Parks and Recreation permit for
special events. Parks and Recreation 1 - High
2 Film Permit Film Permit Transportation 1 - High
3 Operators Permit Operators Permit Finance 3 - Low
4 Renewal Notice First Renewal Letter Finance 1 - High 5 Past Due Renewal Notice Second Renewal Notice Finance 1 - High 6 Delinquent- Final Renewal Notice Final renewal notice Finance 1 - High 7 Bingo Permit Bingo Permit Finance 3 - Low
8 Christmas Tree Lot/Fire Work stand permit
Christmas Tree Lot/Fire Work stand
permit Finance 3 - Low
9 Business Report Permit Time Tracking Report Finance 3 - Low 10 Solicitation Permit
Permit Snapshot Report, Standard
Permit License Finance 3 - Low
11 Approved Applicants - List of all approved permits by year Project Listing Finance 3 - Low 12 Business License Standard Business License Finance 1 - High 13 Professional License Professional License Finance 3 - Low 14 Operational Permit Operational Permit Fire Safety 1 - High 15 FSEC - Permit FSEC - Permit Fire Safety 3 - Low
16 Inspection Card Inspection Card Fire Safety 3 - Low
17 Placard/Permit Card Permit card Fire Safety 3 - Low 18 Inspection Result/Correction List Linked Permit Inspection History Fire Safety 1 - High 19 Plan Review Comment Letter Plan Check status Engineering 3 - Low 133

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ID Report/ Form Title Description Department Project Priority 20 Construction Access Permit
Construction access permit:

Conditions can go under the
description Engineering 1 - High
21 Encroachment Permit Encroachment Permit Engineering 1 - High 22 Refund Form Refund form Engineering Engineering 3 - Low 23 Standard Condition Report
Conditions can go on this with the
permit details on snapshot and the
signature is on the standard permit
license Engineering 3 - Low
24 Annual WQMP Report by Approval and Inspection Date
Annual WQMP Report by Approval
Date Engineering 3 - Low
26 Information Card Charitable Solicitation (Identification Card) Finance 3 - Low 27 Storage Permit Storage Permit Engineering 3 - Low
28 Plan Review Letter Plan Review Letter Building 1 - High 29 30 Days to Plan Check Expiration 30 day plan check expiration Building 1 - High 30 30 Days to Permit Expiration Notice 30 Days to Permit Expiration Notice Building 1 - High 31 Certificate of Occupancy Certificate of Occupancy Building 1 - High 32 Temporary Certificate of Occupancy
Temporary Certificate of
Occupancy Building 1 - High
33 Fire Damage inspection report Fire Damage Inspection Report Building 3 - Low 34 Placard Placard Building 3 - Low
35 Change of Address Letter Change of Address Letter Planning & Zoning 1 - High 36 Zoning Verification Letter Zoning Verification Letter Planning & Zoning 1 - High 37 Withdraw Application Letter Withdraw Application Letter Planning & Zoning 1 - High 38 Second Story Notification Second Story Notification Planning & Zoning 1 - High 39 Land Use Restrictions Land Use Restrictions Planning & Zoning 3 - Low 40 Public Notice Certification form Public Notice Certification form Planning & Zoning 3 - Low 41 Extension Letter Granted Extension Letter Granted Planning & Zoning 3 - Low 42 Temporary Use Permit Approval Letter: Food Truck
Temporary Use Permit Approval
Letter: Food Truck Planning & Zoning 3 - Low
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ID Report/ Form Title Description Department Project Priority 43 Temporary Use Permit Approval Letter: Outdoor Dinning Temporary Use Permit Approval
Letter: Outdoor Dinning Planning & Zoning 3 - Low
44 Temporary Use Permit Approval Letter: Other Uses
Temporary Use Permit Approval
Letter: Other Uses Planning & Zoning 3 - Low
46 Inter Office Memo Inter Office Memo Code Enforcement 3 - Low 47 Office Conference – Prosecution Office Conference – Prosecution Code Enforcement 3 - Low 48 Incident Report Narrative Incident Report Narrative Code Enforcement 3 - Low 49 Violation Code Sheet Violation Code Sheet Code Enforcement 3 - Low 50 Contact Sheet Contact Sheet Code Enforcement 3 - Low 51 Incident Report Face Sheet Incident Report Face Sheet Code Enforcement 3 - Low 52 Live Entertainment Permit Live Entertainment Permit Code Enforcement 3 - Low 53 Live Entertainment Permit Expiration Notice
Live Entertainment Permit
Expiration Notice Code Enforcement 3 - Low
54 Live Entertainment Permit Renewal Live Entertainment Permit Renewal Code Enforcement 3 - Low 55 Notice to Proceed Notice to Proceed Code Enforcement 1 - High 56 Inspection Correction Notice
Building Inspection Correction
Sheet/Notice Building 1 - High
57 Plan Check Extension Letter Plan Check Extension Letter Building 1 - High

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AUTOMATIONS CONFIGURATION:

Duration of services: April 19, 2022 – December 31, 2024 G. Park Consulting Group is responsible for the following tasks related to the completion of configuration and development detailed in Attachment 1:

• PCG will be responsible for the configuration of the Automation (Intelligent Object) items identified in Attachment 3, from the Tyler Tech EnerGov Project Sharepoint Site – Automation Tracker. The original (first) ‘Final -signed’ Automation Questionnaire .pdf attachments for each Automation Tracker item will be the sole reference source for the configuration. Configuration will be performed in EnerGov v2021.

• PCG will facilitate reviews with the City’s functional leads who are responsible to validate configuration that matches the Automation Questionnaires.

• PCG will resolve configuration corrections identified by the City’s functional leads based on non-matching configuration in comparison to the Questionnaires.

• PCG will facilitate reviews for correction validation with the City’s functional leads who are responsible to validate configuration that matches the Automation Questionnaires.

H. Key Assumptions
• City will provide a primary project contact available daily throughout the duration of services to successfully deliver PCG services. If the primary project contact is not available for a particular day, a back-up will be provided by the City.

• In order to meet timelines, City SMEs will answer questions and provide feedback and responses in a timely manner (within 2 business days).

PARK CONSULTING GROUP

• Configuration will be performed based on approved Automation Questionnaires identified as Intelligent Objects (in scope inventory provided in Attachment 3). If any changes are required or requested beyond the documentation in the Automation Questionnaires, City will be responsible to track these as change requests. PCG may provide configuration changes based on the hourly rates provided in Section I.

• Unconfigurable items – Automation Questionnaires are based on the EnerGov system available at the time of PCG’s configuration work and will have the ability to enable the functionality as specified in the Automation Questionnaires. Any functionality that is not able to be configured based on best practices and/or results in system errors will be excluded.

• Incomplete specifications – Automation Questionnaires are complete and considered configurable by the City and Tyler Tech. Any gaps in specifications that prevent configuration completion may result in a change order.

• Conflicting Configuration Work – Tyler Tech and City activities in the EnerGov system will not conflict with the PCG’s configuration work. Any rework created by conflicting configuration work, such-as updates/ changes/ overwriting, will exclude the applicable Business Process and Automation components as required for milestone sign-off. The City may request rework to be completed by PCG based on the hourly rates provided in Section I.

• Dependent Global Configuration and Sprint 1 & 2 Configuration - The City and Tyler Tech are responsible for the configuration and setup of global configuration listed in Client Questionnaire Results > Department = All Department and the planned Sprint 1 & Business Processes (provided on Feb 24, 2022). Global Configuration and Sprint 1 & 2 configuration that the Automation Questionnaires are dependent on will be complete by the time PCG begins configuration activities. Any gaps in required configuration that prevent PCG’s configuration completion may result in a change order.

• Status meetings will be scheduled on an ad-hoc basis with the City as configuration progress is made. PCG will not be required to attend Tyler Tech meetings and other project meetings.

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I. Total not-to-exceed budget and duration of services:
a. Total Not to Exceed: $43,750 (est. $875 per automation) PCG will work with the City to select 50 Automations (Intelligent Objects) from Attachment 3. b. Duration of Services: April 19, 2022 – December 31, 2024 c. PCG’s services are proposed with a time and materials compensation approach and automations services will be considered based on the established hourly rates below and automation estimates:

Optional Task

The completion of additional reports and automations may be added to this contract for an amount not to exceed $76,250. All additional reports and automations will be estimated per the rates identified within this proposal; $2,850 per Report and $875 per Automation. 138

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ATTACHMENT 3
Automation Tracker - Configuration Inventory
PCG will be responsible for the completion of 50 selected Intelligent Objects from the Automation Tracker items identified in the Tyler Tech EnerGov Project Sharepoint Site – Automation Tracker. The original (first) ‘Final-signed’ .pdf attachment will be the reference source for the configuration.

ID Priority Title
1 3 - Low Change status to Planner Assigned
2 3 - Low Change status to Application Returned
3 3 - Low Change status to In Review- Multiple
4 3 - Low Change status to Application Complete - multiple 5 3 - Low Change status to Additional Info Required
6 3 - Low Change status to Continued to Specified Date (Planning Commission) 7 3 - Low Change status to Continued to Unspecified Date (Planning Commission) 8 3 - Low Change status to Continued to Specified Date (City Council Hearing) 9 3 - Low Change status to Continued to Unspecified Date (City Council Hearing) 10 3 - Low Change status to Continue to City Council
11 3 - Low Notification to Planner - Change status of Plan Case (City Council Action) 12 3 - Low Notify Planner about Review Expiration
13 3 - Low Change status to Application Submitted
14 3 - Low Change status to Application Complete- Multiple screening 15 3 - Low Change status to Additional Info Required – Multiple Screening 16 3 - Low Change status to Preparing for Decision Date 17 1 - High Email/Change status to Public Hearing Date Scheduled 18 3 - Low Change Status to Continue to City Council
19 2 - Medium EMAIL – Receipt of Application (Includes Reports) 20 2 - Medium EMAIL – Pay Invoice (Includes Reports)
21 3 - Low Change status to Scheduled for Decision
22 3 - Low Plan Check Expiration – Change status
23 3 - Low Plan Check Expiration – Alert building staff 24 1 - High Plan Check Expiration – Send 30 days to Plan Check Expiration letter (Plan Check) 25 2 - Medium Automatic email invoice to billing contacts (Includes Reports) 139

PARK CONSULTING GROUP

ID Priority Title
26 3 - Low Change status to Review Expired
27 3 - Low Change status to Allowed to Proceed
28 3 - Low Change status to Continued
29 3 - Low Change status to In Appeal Period
30 3 - Low Notify Planner Appeal Period has ended
31 3 - Low Notify Planner - Change status to Appealed/Called up for Review 32 2 - Medium Automatically email Receipt of Application (Includes Reports) 33 2 - Medium Automatically email invoice (Includes Reports) 34 2 - Medium Automatically email Decision Date (Includes Reports) 35 3 - Low Change status to Public Hearing Date Scheduled- 36 3 - Low Automatically change status to Approval Expired 37 3 - Low Automatically change status to Complete
38 3 - Low Change status to In Review
39 3 - Low Change status to Preparing for Decision Date* 40 1 - High Email/Change status to Public Hearing Date Scheduled* (Includes Reports) 41 3 - Low Change status to Public Hearing Date Scheduled- City Projects 42 3 - Low Change status to Continued to Unspecified Date (Planning Commission)- 43 1 - High
Change the status of the license record to Renewal on the first of the month of the license expiration month and the license has not been renewed.
44 1 - High
Change the status of the license record to Past Due if 2 months and 15 days elapses past the expiration date and the license has not been renewed.
45 1 - High
Change the status of the license record to Delinquent if 3 months and 15 days elapses past the expiration date and the license has not been renewed.
46 1 - High
Email past due document and attach to email to licensee if 2 months and 15 days elapses past the expiration date and the license has not been renewed. (Includes Reports) 47 1 - High
Email delinquent document and attach to email to licensee if 3 months and 15 days elapses past the expiration date and the license has not been renewed. (Includes Reports) 48 3 - Low Change status of contractor license for inside CM 49 3 - Low Change status of contractor license for outside CM contractor 50 3 - Low Notify finance staff on overdue
51 3 - Low Email a notification to designated Planning staff if their reviews (tasks) are overdue 52 1 - High Email business license report (Includes Reports) 140

PARK CONSULTING GROUP

ID Priority Title
53 2 - Medium Notify designated staff when specified tasks are assigned in the workflow 54 3 - Low Change the status of the license record to issued when the Issue License workflow action is passed. 55 2 - Medium
Email the Business License report to all contacts on the business license record when the Issue License workflow action is passed. (Includes Reports)
56 1 - High
Change the status of the license record to Closed if 1 year elapses past the expiration date and the license has not been renewed.
57 2 - Medium
Email the applicant that a previous application has been closed and in order to proceed with application they will need to pay the previous year’s fees. (Includes Reports) 58 2 - Medium
Email 60 days prior to expiration date advising him/her that they must apply for a new license/permit prior to 30 days before expiration date.(Includes Reports)
59 3 - Low Change status to In Appeal Period- Multiple DRC-WTUP 60 3 - Low Notification to Planner- multiple
61 3 - Low Change status to Preparing for Decision Date-DRC Review-WTUP 62 3 - Low Change status to Additional Info Required-OTC 63 3 - Low Change status to Preparing for Decision Date 64 3 - Low Change status to Continued- Planning Commission-WTUP 65 3 - Low Change status to In Appeal Period- Planning Commission 66 3 - Low SET VALUE: Permit Status to ‘Complete’
67 3 - Low Plan Check Expiration – Auto populate date
68 1 - High Email/Change status to Public Hearing Date Scheduled- Screening (Includes Reports) 69 3 - Low Change status to Review Expired- Screening
70 3 - Low Notification to Planner/Users
71 3 - Low Change status to Application Complete- Zoning 72 3 - Low Change status to In Appeal Period
73 3 - Low Plan Check Expiration – Auto populate
74 1 - High Plan Check Expiration – Change status
75 1 - High
Plan Check Expiration – Alert building Automatically send an email to designated building staff if the permit record is within 30 days of the staff
76 2 - Medium Automatic email invoice to billing contacts (Includes Reports) 77 3 - Low Change status to Application Submitted- Cannabis Business Permit 78 3 - Low Change status to In Review- Cannabis Business Permit 79 3 - Low Change status to In Appeal Period- Cannabis Business Permit 141

PARK CONSULTING GROUP

ID Priority Title
80 3 - Low Automatically change status to NTP Issue
81 3 - Low Automatically change status to CBP Denied
82 3 - Low Automatically change status to Issued –
83 3 - Low Automatically change status to Denied
84 3 - Low Notify planner when Drywall inspection is complete 85 3 - Low Automatically change status to Closed
86 2 - Medium Automatically email permit to Police Department (Includes Reports) 87 3 - Low Automatically notify staff when a transportation permit is submitted online 88 2 - Medium Automatically email contacts when status of permit record is changed to Denied (Includes Reports) 89 2 - Medium Automatically email external agencies
90 3 - Low Automatically notify staff when a Single Event (Fire) permit is applied for 91 1 - High Plan Check Expiration
92 3 - Low Update Final Expiration Date
93 3 - Low Final Expire Permit
94 2 - Medium
Automatically email review comments to the owner, engineer, and/or surveyor when the reviews are complete (Includes Reports)
95 2 - Medium
Automatically notify designated Planning staff when the Planning Commission and/or City Council hearing are scheduled
96 2 - Medium Email notification applicant 30 days prior to permit expiration. (Includes Reports) 97 1 - High Plan Approved Expired
98 3 - Low
Automatically change the status of the permit record to Final when the Close Permit workflow action is passed (turned green).
99 3 - Low Agreement recording alert/reminders
100 3 - Low Email people assigned to reviews
101 3 - Low Update Expiration Date
102 3 - Low Application Expiration
103 3 - Low
Automatically change the status of the permit record to Plan Approval Expired if it is not issued within 2 weeks of the apply date.
104 3 - Low Automatically notify designated City Staff when the permit is issued. 105 2 - Medium
Automatically change the status of the permit record to Plan Approval Expired if 360 days elapses from the date in the inherent Apply Date field and the permit record is still in a status of In Review, Submitted, or Submitted - Online.
142

PARK CONSULTING GROUP

ID Priority Title
106 3 - Low Permit Expiration – Auto populate date
107 1 - High Permit Expiration - 30 days to Permit Expiration Notice (Includes Reports) 108 1 - High Expiration/warning notice
109 2 - Medium Extend expiration date 180 days after approved inspection 110 2 - Medium Permit Expiration Extension (inspections) 111 1 - High Non-residential Permit Expiration – Auto populate date 112 1 - High Residential Permit Expiration – Auto populate date 113 1 - High Permit Expiration – Auto populate date
114 1 - High Set expiration date on permit issuance
115 3 - Low Permit Expiration - Alert Building Staff
116 2 - Medium Automatically email the job card (Includes Reports) 117 2 - Medium EMAIL: Send Inactivity Report (Includes Reports) 118 3 - Low EMAIL/NOTIFICATION: Citation on Hold (Includes Reports) 119 3 - Low SET VALUE: Set Code Case Status to ‘In Compliance 120 2 - Medium EMAIL: Send 45 Expiration Letter to the applicant when the permit is 45 days from expiration. (Includes Reports) 121 2 - Medium EMAIL: Send 60 Expiration Letter to the applicant when the permit is 45 days from expiration (Includes Reports) 122 3 - Low Set Value: Change status to ‘Complete’ when Case Closeout action is passed. 123 1 - High
EMAIL: Email a copy of the Live Scan Form to the applicant when the ‘Issue Request for Live Scan Form’ is passed. Reminder to applicant to upload signed copy.
124 3 - Low
EMAIL: When a new document has been uploaded to CSS. Notify the Assigned To. If possible, notify when the ‘Signed Live Scan Form’ file category is uploaded.
125 3 - Low Set Value: Change License Status to Passed if Case Closeout action is passed. 126 3 - Low Set Value: Change License Status to Failed if Case Closeout action is Failed. 127 2 - Medium
EMAIL: Send Notification Reminder to Applicant 10 days after ‘Issue Request for Live Scan Form’ action is passed if ‘Confirm Completed Live Scan’ action is not initiated. 128 3 - Low
HOLD: Place a hold on any Renewals pending the status of the business’s Cannabis Business Permit application. Hold will be manually removed if okay to proceed. 129 3 - Low Change status to Planner Assigned
130 3 - Low Change status to Application Returned
131 3 - Low Change status to In Appeal Period
132 2 - Medium
EMAIL: Send Hearing Date Letter document to Applicant when ‘Violator Notified of Hearing’ action is completed.

It is in two separate steps. (Includes Reports)
143

PARK CONSULTING GROUP

ID Priority Title
133 2 - Medium
EMAIL: Send Continuance of Hearing Date document to Applicant when ‘Violator Requests Extension’ action is completed. It is in two separate steps. (Includes Reports) 134 2 - Medium
EMAIL: Send Financial Hardship Letter document to applicant when the ‘Financial Hardship Hearing’ has a status of ‘Granted’ or ’Denied’. The report will be dynamic based on the decision made. (Includes Reports) 135 2 - Medium
EMAIL: Send Notice of Decision document to applicant when the ‘Citation Contest Administrative Hearing’ has a status of ‘Approved’ or ’Denied’. The report will be dynamic based on the decision made. (Includes Reports) 136 3 - Low SET VALUE: Plan status to ‘Complete’ when the Close Case action has been passed. 137 3 - Low Change status to Processed for plan case Pre-Application Review

144
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-645 Meeting Date: 4/19/2022
TITLE:

MONTHLY UPDATE OF STRATEGIC PLAN GOALS AND OBJECTIVES
DEPARTMENT: CITY MANAGER’S OFFICE
PRESENTED BY: LORI ANN FARRELL HARRISON, CITY MANAGER
CONTACT INFORMATION: ALMA REYES, ASSISTANT TO CITY MANAGER RECOMMENDATION:

Staff recommends the City Council approve the April 2022 update to the City of Costa Mesa’s Strategic Plan Goals and Objectives.

BACKGROUND:

On October 16, 2021, the City Council adopted new Goals and Objectives for the 2021-2024 Three Year Strategic Plan and created a new six-month work plan covering the October 2021 through March 2022 period. The new Six Month Objectives (Attachment 1) were developed at the September 27, 2021 Strategic Planning retreat. During the workshop, the City Council developed key priorities and objectives for the next six months with staff input. Staff will continue to provide status updates to the City Council via the detailed work plan attached to this report, which is updated on a monthly basis.

A future Strategic Planning session will be scheduled where the current goals and objectives will be evaluated, and the City Council will identify new key priorities as well as new objectives for the following six months.

ANALYSIS:

The September 27, 2021 Strategic Planning Retreat included breakout groups where each of the five City Council Goals were discussed individually. Additionally, each breakout group developed key objectives for the next six-month period for each Goal, covering the October 2021 through March 2022 period. The matrix provides a detailed work plan with specific deliverables for each Goal including timeframes for project completion that will be updated and monitored monthly.

Page 1 of 2 ends

145
File #: 22-645 Meeting Date: 4/19/2022
THREE-YEAR GOALS AND PRIORITIES:

The Three Year Goals approved by the City Council are as follows (in no priority order):
· Recruit and Retain High Quality Staff
· Achieve Long-Term Fiscal Sustainability
· Strengthen the Public’s Safety and Improve the Quality of Life · Diversify, Stabilize and Increase Housing to Reflect Community Needs · Advance Environmental Sustainability and Climate Resiliency ALTERNATIVES:

The City Council can provide alternate direction to staff regarding the Strategic Plan update.

FISCAL REVIEW:

Many of the stated priorities and action steps are already funded within the FY 21-22 Adopted Budget, and if needed, will be included in the Proposed Budget for FY 22-23.

LEGAL REVIEW:

The City Attorney reviewed and approved this report as to form.

CONCLUSION:

The City Council in collaboration with the City’sleadership team revised the Three Year Goals at the September 2021 retreat, and established new objectives for the next six months. Staff recommends that the City Council approve the April update to the Strategic Plan.

Page 2 of 2 ends

146

C I T Y O F C O S T A M E S A

S I X - M O N T H S T R A T E G I C O B J E C T I V E S THREE-YEAR GOAL: RECRUIT AND RETAIN HIGH QUALITY STAFF

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET

REVISED

1. Dec. 1, 2021 HR Manager Initiate the process to map and evaluate the employee recruitment process to innovate and modernize recruitment and commence development of the succession plan and present to the City Manager.

X Succession Plan Contract awarded
to CPS Consulting Services for the
development of the Citywide
Succession Plan and
modernization of recruitment and
hiring practices. Work is underway.

2. Dec. 1, 2021 City Manager Present to the City Council for consideration the first phase of hard- to- fill positions requiring a market adjustment based on current data.

X
City Council approved Phase
1 and Phase 2 of the hard-to-
fill and hard-to-retain
compensation adjustments.

3. June 1, 2022 City Clerk Perform a market analysis of City Council compensation for comparable agencies and special districts within the county and report results to the City Manager.

X Preliminary Council Compensation
Survey has been provided to the
City Manager and due diligence
review is in progress. Results will
be presented to the City Council
during the FY 2022-23 Budget
making process.

4. June 1, 2022 HR Manager Launch the Costa Mesa University Wellness, Leadership, Training and Mentorship Program for all city employees.

X Finalizing initial phase of training
offerings for Costa Mesa “U” in
conjunction with implementation
of Neogov “Learn” module.

5. March 15, 2022 HR Manager Develop HR staffing recommendations for inclusion in the mid- year budget to be presented to the City Council for consideration.

X 3/8/22 - Staffing recommendations
finalized and presented to the City
Council for consideration during
the Mid-Year Budget Study
Session. Agenda report with
recommended changes will be
presented on March 15, 2022.

A 1
147

6. June 1, 2022 HR Manager, in
concert with the IT
Director
Update and begin implementation of the online employee onboarding, training and evaluation processes by updating the NeoGov System.

X NeoGov contract signed.

Implementation process initiated
for NEOGOV “Onboard”, “Learn”
(Training) and “Perform”
(Evaluation) modules.
“Learn” module in implementation
process and scheduled to go “live”
in June 2022.
“Onboard” implementation in
progress to be followed by
“Perform.”
A 2
148
THREE-YEAR GOAL: ACHIEVE LONG-TERM FISCAL SUSTAINABILITY

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET

REVISED

1. Dec. 15, 2021 Finance Director Develop and define a quarterly report format, including financial metrics, to improve fiscal transparency and
report to the City Council and FIPAC
X Distributed the FY 2021/2022 1st
and 2nd Quarter Financial Reports
to the City Council and FiPAC,
and posted to the City’s website.

2. June 1, 2022 Economic and
Development Services
Director, working with
the City Attorney
Secure a consultant for the Economic Development
Strategic Plan.

X The Request for Proposals
has been prepared. On target
for consultant selection in
June.

3. March 15, 2022 IT Director, working
with the Police Chief
and Finance Director
Procure and implement an upgrade of the public
safety systems, subject to Dept. of Justice approval,
and citywide database servers.

X Working with PD to implement
MDCs.

Began installation of Phase 3
PC Refresh for PD, Fire and
PS.

4. March 15, 2022 Finance Dir., working with
the Development Services
Director
Provide an update to the City Council regarding the
state of retail cannabis implementation, including revised revenue projections.

X Mid-Year Budget Study Session
provided to City Council with an
update on all General Fund
revenues including Retail
Cannabis for current year budget.

Additional updates to be provided
in context of FY 2022-23 Budget.

B1
149
THREE-YEAR GOAL: STRENGTHEN THE PUBLIC’S SAFETY AND IMPROVE THE QUALITY OF LIFE

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET

REVISED

1. Weekly Asst. City Manager (lead),
working with the
Communications Team
Enhance the Communications and Engagement Plan to
support the public’s health, safety and quality of life and present results to the City Manager.

X Weekly communication plan
presented to City Manager.

Additional contract resources may
be acquired in order to expand
existing communications during
pandemic

2. June 30, 2022 Public Services Dir., working
with the Police Chief and a
consultant
Present a plan to reduce collisions and injuries on
roadways, including providing 3-5 options for City
Council direction.

X
11/2/21 - Third (3rd) Stakeholder
working group held to review safety
countermeasures for case study
locations, counter measure toolbox,
and best practices.
11/17/21 -Public outreach
meeting scheduled.

Consultant preparing draft Local
Road Safety Plan with traffic safety
countermeasures and applications
to reduce collisions and injuries on
roadways.
1/5/22 - Draft report is under review
by City staff.
3/8/22- Revised report sent to
Stakeholder Working Group for
review in February and comments
due on March 15. Consultant to
incorporate Stakeholder Working
Group comments and submit Local
Road Safety Plan by March 31.
4/6/22: Stakeholder comments
received on March 18. Consultant
incorporated Stakeholder Working
Group comments and submitted
Local Road Safety Plan (LRSP) on
April 4. Presentation of LRSP
scheduled for May meeting of
Active Transportation Committee.

C1
150

3. March 15, 2022 Police Chief – lead, Asst.

City Manager, Parks and
Community Services Dir.,
and Fire Chief
Engage the community to obtain feedback on the
community’s sense of safety and well-being and
present results to the City Council
X I/P: Police Dept. developing a
community survey and
potential platforms and
channels of distribution.
1/5/22- Survey draft has been
completed and shared with
department directors for feedback
and finalization. Numerous Meet
and Greet opportunities have been
held for new Police Chief to
discuss public safety goals and
measures with community groups
with additional potential meetings
underway.
3/2/22 – Finalized draft community
survey submitted to City Manager.

Currently, the Office of the Mayor
and City Council and the Police
Department are working on
scheduling of a series of community
Listening Tours with Police Chief for
all Costa Mesa Districts.

4. March 15, 2022 Parks and Community
Services Director
Update the City Council on the Open Space Master Plan,
with a focus on access to parks.

X 12/7/21 - City Council approved an
agreement with RJM Design Group to
complete the Open Space Master Plan
(not-to-exceed $56,600).

Staff had a kickoff meeting with
the consultant in January.

The Consultant is preparing
documents to send out to the
Stakeholders, as well as preparing
for community phone surveys. The
update process is expected to be
complete in fall 2022.
151

5. May 15, 2022 Asst. City Manager Present options to the City Council for a behavioral health response model.

X 1/20/22 – Made contact with 3 cities
for potential opportunities to
collaborate.
2/25/22 – Reviewing best practices
and conducting outreach to
potential providers.

Made contact with 3 cities for
potential opportunities to
collaborate and exploring available
funding streams.
3/21/22 - Plan to convene
stakeholders to map current
resources and gaps in system;
identify potential funding sources to
support implementation strategies –
extend goal date to May 15.

C 2
152

6. FUTURE OBJECTIVE
_______, 2022
Asst. City Manager, working
with the Communications
Team
Identify, develop and implement a measurement tool(s) to determine the effectiveness of the City’s communications and public engagement with all segments of the
community.

C 3
153
THREE-YEAR GOAL: DIVERSIFY, STABILIZE AND INCREASE HOUSING TO REFLECT COMMUNITY NEEDS

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET

REVISED

1. Dec. 1, 2021 Asst. City Manager – lead,
Development Services Dir.,
City Attorney
Present to the City Council opportunity sites for
potential motel conversions with site control options.

X 11/16/21- Two proposed sites
approved by the City Council.
12/14/21 – County Board of
Supervisors approved one site
(Motel 6) for submission to the
State by the deadline of 1/31/22.
4/19/22 – Pending Award on Motel
6 site.

2. Dec. 15, 2021 City Attorney and the
Development Services Dir.

Present to the City Council for action necessary
code amendments to address SB 8, 9, and 10.

X 12/7/21 - City Council adopted an
urgency ordinance adopting
changes to Title 13 (Zoning) relating
to the implementation of Senate Bill
9 for the creation of two residential
units per lot and urban lot splits in
single family residential zones; and
declaring the ordinance an urgency
measure to take effect immediately.

3. Dec. 15, 2021 City Manager, working
with the City Council
Initiate and convene a Citizens Advisory Group to discuss Measure Y and Housing Element compliance.

X 10/19/21 – The City Council
approved formation of a Housing Ad
Hoc Committee to lead community
outreach efforts and deliberations
regarding Housing Element
Compliance and Measure Y.
1/11/22 – Community Forum was
held by Ad Hoc Committee to
seek input from the public.

D 1
154

4. Feb. 1, 2022 Development Services Dir. Present to the City Council for action the Housing Element. X 11/8/21 - The initial Housing Element presentation to the Planning
Commission took place. On target
for City Council discussion in
January 2022 and final adoption on
February 1st
2/1/22- The City Council adopted
a Resolution approving the City of
Costa Mesa’s 2021-2029 (Sixth-
Cycle) Housing Element.

5. June 1, 2022 Development Services Dir.
and City Attorney
Present to the Planning Commission a draft Inclusionary Housing Ordinance.

X Keyser Marston Associates, the
City’s inclusionary housing
consultant, has completed the first
draft of the required technical
report. On target for presentation of
options to the City Council and
Planning Commission in June 2022.

6. FUTURE OBJECTIVE
_______, 2022
Development Services Dir.
and City Attorney
Initiate a draft STR Ordinance and an evaluation of
program implementation options.

X 11/2/21 – City Council approved an
urgency ordinance prohibiting STR’s
(except for home sharing). Staff will
investigate opportunities for a
permitting system and return to
Council in 2022.

7. FUTURE OBJECTIVE
_______, 2022
Development Services
Dir. and the City Attorney,
working with Jamboree
Housing
Present to the City Council for consideration a development plan and land use documentation for affordable senior
housing at the Senior Center site.

X Jamboree Housing has initiated
meetings with staff to move forward
with an application for a senior
housing project on the City Senior
Center site in mid-2022. The City
Manager has approved an extension
of the ENA to that effect.

D 2
155
THREE-YEAR GOAL: ADVANCE ENVIRONMENTAL SUSTAINABILITY AND CLIMATE RESILIENCY

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET

REVISED

1. May 15, 2022 Public Services Director Present the Pedestrian Master Plan update to the City Council for direction.

X 10/6/21 – 2nd Public
Outreach meeting held.
12/1/21 – Draft recommendations
and draft Pedestrian Master Plan
recommendations presented to
the Bikeway and Walkability
Committee.
1/5/22 – A special meeting of the
Bike and Walkability Committee
is scheduled for January 19th to
focus on the Pedestrian Master
Plan.

Public outreach meeting
planned for February.
3/8/22 - Draft recommendations
and plan being revised to
incorporate and address
comments. Public outreach to be
scheduled for late April to review
draft plan.
4/6/22 - Draft plan submitted on
April 6. Public outreach
scheduled for April 27 to review
draft plan. Draft Plan to be
uploaded to City website.

E1
156

2. Feb. 15, 2022 Public Services Director,
working with the City
Manager
Develop a scope of work for the Climate Action and
Adaptation Plan and present to the City Council for action.

X Staff is currently conducting
research on best practices in
CAAP development, including
detailed review of climate action
plans of several cities in California.

Staff has also developed a draft
community survey titled “Climate
Ready Costa Mesa: Community
Survey” to gauge Costa Mesa
residents’ concerns and priorities
in climate change. The survey is
expected to be launched in early
2022.
1/5/22 – Staff has completed
research on best practices and
lessons learned, and is
currently working on developing
a draft scope of work for Costa
Mesa.
3/8/22 - City staff has developed
a draft Climate Action and
Adaptation Plan (CAAP) and it is
currently being reviewed by the
City Manager.

The CAAP will be submitted to
Council in April/May 2022.

E 2
157

3. March 1, 2022 Public Services Director Provide an update of the Stormwater Management Master Plan to the City Council.

X Existing Conditions Assessment
Phase:

Data Collection _ Record
Information: completed
Site Assessment and Inspection:

Ongoing
Base maps Development: Ongoing
Existing Hydrologic/Hydraulic
Analysis (EHH): Near completion
I/P: Draft Existing Conditions
Assessment Report (ECAR)
Analysis (EHH): Completed
Comments from City Attorney and
staff are being incorporated by
consultant
Next phase: Development of Storm
Drain System Master Plan Update.

Memo with Existing Conditions
Assessment Report to be
provided by April 15, 2022.

E3
158

4. May 1, 2022 Public Services Director,
working with the
Development Services Dir.

Re-evaluate the existing Municipal Sustainable Policy,
including landscape, organic waste and infrastructure
planning and present the results to the City Council for action.

X Staff has mobilized a Costa Mesa
Green Team (representatives from
Public Services and Development
Services) to review existing policy
developed in 2007 and conduct
research on ways to advance
sustainability at City owned
facilities and infrastructure.

Staff is recruiting members of
‘Sustainability Working Group’,
representatives from all City
Departments to provide
suggestions to improve the
Sustainable Municipal Green
Policy.
1/5/22 – The Costa Mesa Green
Team has conducted research
on best practices in municipal
sustainability and has developed
preliminary goals.

The Sustainability Working Group
members, representing all City
Departments, have been
identified and the first internal
workshop to review the policy will
be held in early January.
3/8/22 - City staff has completed
the draft Sustainable Municipal
Green Policy (SMGP) update and it
is currently being reviewed by the
City Manager and other
Departments.

The SGMP update will be
transmitted to Council by April/May
2022.

E4
159
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-631 Meeting Date: 4/19/2022
TITLE:

PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL KITCHEN OPERATION AND

MEAL SERVICES FOR THE COSTA MESA BRIDGE SHELTER
DEPARTMENT: CITY MANAGER’S OFFICE
PRESENTED BY: SUSAN PRICE, ASSISTANT CITY MANAGER
CONTACT INFORMATION: LORI KARAGUEZIAN, SENIOR MANAGEMENT ANALYST, (714) 593-5347
RECOMMENDATION:

Staff recommends the City Council:

2. Authorize the City Manager and the City Clerk to execute the agreement and any future amendments to the agreement.

BACKGROUND:

In April 2021, the City of Costa Mesa opened the Permanent Bridge Shelter at 3175 Airway Avenue.

The Costa Mesa Bridge Shelter (Bridge Shelter) has a full-service commercial kitchen onsite which was designed to function as a mechanism for community engagement in the solutions to homelessness. The Bridge Shelter kitchen was initially being run by City staff and volunteers. During the Covid-19 pandemic, health and safety guidelines and requirements during the COVID-19 pandemic prevented volunteers from being onsite to provide assistance to City staff. In an effort to find a short-term solution to this challenge, the Bridge Shelter Operator Mercy House contracted with the former catering company from the temporary Lighthouse Shelter. City staff reached out to various community partners in an effort to identify an operator that could provide meal services during the pandemic, given the workforce challenges within the restaurant/food industry. In December 2021 Bracken’sKitchen began delivering breakfast, lunch, and dinner to the Bridge Shelter on a daily basis, prepared from their remote kitchen in a neighboring City.

In January 2022, the City issued a RFP for a permanent commercial kitchen operator with the goal of finding a partner that, in addition to meal services, could integrate marketing, volunteerism, mentorship, donation, and sponsorship opportunities. Some of the key components of the City’s Request for Proposals (RFP) included the ability to accept and utilize surplus foods in compliance with the State’snew SB 1383 organic waste disposal reduction and surplus edible food recovery requirements and oversight of a vocational skills training program for kitchen staff. The commercial

Page 1 of 3 ends

160
File #: 22-631 Meeting Date: 4/19/2022
requirements and oversight of a vocational skills training program for kitchen staff. The commercial kitchen at the Bridge Shelter was designed with a passion for community engagement. It was the City’sintent and desire to bring in a partner who could provide both meal services and a community benefit.

ANALYSIS:

In December 2021 Bracken’sKitchen assisted the shelter by delivering three ready-to-heat and/or serve meals a day with a cost of $7.00 per day, per person plus $75 in delivery fees per week. With this service, Bracken’sKitchen did not have staff on-site, and reheating of meals and cleanup was completed by City and Mercy House staff. The annual cost of this service is about $190,000.

In response to the City’sRFP for permanent commercial operations, the sole proposal received was from Bracken’sKitchen. The proposal from Bracken’sKitchen meets all of the City’srequirements for successful kitchen operations in partnership with City and Mercy House staff. Bracken’sKitchen has the capacity and ability to accept and use surplus food items in their meal planning and preparation services in compliance with the State’snew SB 1383 organic waste disposal reduction and surplus edible food recovery requirements. The proposal quotes a price of $12.50 per day, per person. This price is inclusive of procurement of ingredients, kitchen supplies and labor costs for trained and certified staff who will be onsite to cook or reheat food items. Bracken’sKitchen will work alongside City and Mercy House staff in the areas of marketing, community outreach and engagement, donor and sponsor relations, and volunteer recruitment and training. The Bracken’sKitchen proposal also includes their one-of-a-kind onsite vocational skills training program, offering members of the community the opportunity to get hands-on culinary training and experience in kitchen operations and food preparation. Bracken’sKitchen will also provide their food truck to Costa Mesa events to feed and nourish the community.

The cost estimate submitted by Bracken’s Kitchen is $327,600. This figure assumes year-round, maximum 70 bed capacity, without consideration for the periodic meal donations from local restaurants. Meal donations significantly reduce costs and City staff have been successful in securing partnerships with various local restaurants, businesses and community organizations for reoccurring donations to help reduce costs. If awarded this contract, Bracken’sKitchen will have up to 60 days to continue providing meal delivery services while they hire and train staff for on-site kitchen management. This time period will yield a small savings in labor costs. Furthermore, Bracken’sKitchen will be billing the City based on actual weekly Bridge Shelter census numbers. To date, the occupancy levels of the shelter have on average been around 60 persons.

ALTERNATIVES:

The alternative to awarding the permanent commercial kitchen operation contract to Bracken’s Kitchen is to continue with their delivery services.

This alternative would not include trained and certified staff preparing meals onsite, volunteer coordination through Bracken’sKitchen’svolunteer database, a vocational skills training program, full use of the commercial kitchen with a community benefit, or the use of the Bracken’sKitchen food truck at community events.

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File #: 22-631 Meeting Date: 4/19/2022
FISCAL REVIEW:

Funding for this professional services agreement is available in the FY 2021-22 and FY 2022-23 operating budget.

LEGAL REVIEW:

The City Attorney’soffice has reviewed this report, prepared the Professional Services Agreement, and approves them both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council goals:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:

Staff Recommends City Council:

2. Authorize the City Manager and the City Clerk to execute the agreement and any future authorized amendments to the agreement.

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CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT
WITH
BRACKEN’S KITCHEN INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 19th day of April, 2022 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and BRACKEN’S KITCHEN INC., a California nonprofit corporation (“Contractor”).

W I T N E S S E T H :

A. City proposes to utilize the services of Contractor as an independent contractor to provide food and commercial kitchen management services at the City’s Homeless Shelter, located at 3175 Airway Avenue, Costa Mesa, as more fully described herein; and B. Contractor’s mission is to serve and support the underserved in its communities suffering from both the ongoing effects of food insecurity and the larger issue of living in poverty in America; and
C. Contractor represents that it holds all necessary licenses to practice and perform the services herein contemplated; and
D. City and Contractor desire to contract for the specific services described in Exhibits “A” and “B” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
E. No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONTRACTOR

1.1. Scope of Services. Contractor shall provide the food and commercial kitchen management services described in the Scope of Work, attached hereto as Exhibit “A,” and Contractor’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.

1.2. Professional Practices. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor’s performance of this Agreement.

1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
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(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Compliance with All Laws and Regulations. Contractor shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages, occupational health and safety, fair employment and employment practices, workers’ compensation insurance and safety in employment; all applicable laws and regulations relating to food safety; all Health Permit requirements; and all other Federal, State and local laws, ordinances and regulations applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws or regulations, which may be incurred by reason of Contractor’s performance under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code.

1.6. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor’s sole cost and expense.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth below, as detailed in Exhibit B. Contractor’s annual compensation shall not exceed Three Hundred Twenty-Seven Thousand Six Hundred Dollars ($327,600.00).

Description Rate for Breakfast, Lunch and
Dinner
Delivery Fee
Interim Meal Service (prepared off
site and delivered by Contractor)
$7.00 per person per day $75.00 per week
Full Meal Service (prepared on site
by trained and certified staff)
$12.50 per person per day N/A
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2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Contractor’s Proposal unless the City Manager or designee, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Contractor may submit invoices to the City for approval every two (2) weeks. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within thirty (30) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the date of performance. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Contractor’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. City and Contractor agree that Contractor shall fully staff the shelter kitchen with certified and trained personnel and commence providing full meal service from the shelter kitchen by no later than June 18, 2022.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.
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4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of one (1) year, ending on April 18, 2023, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by three (3) additional one (1) year periods upon mutual written agreement of the parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Contractor.

The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
(a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage.
(c) Workers’ compensation insurance as required by the State of California.

Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a 4 Bracken’s Kitchen Inc.

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“claims made” policy, the retro date shall be prior to the start of the contract work. Contractor shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “The Contractor’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.”
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.
(e) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the 5 Bracken’s Kitchen Inc.

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parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.

Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONTRACTOR: IF TO CITY:

Bracken’s Kitchen
13941 Nautilus Dr.

Garden Grove, CA 92843
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 554-1923 Tel: (714) 754-5099
Attn: Bill Bracken Attn: Susan Price
Courtesy copy to:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing

6.5. Drug-Free Workplace Policy. Contractor shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “C” and incorporated herein by reference. Contractor’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6 Bracken’s Kitchen Inc.

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6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

6.8. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.

6.9. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the negligent acts or omissions or willful misconduct of Contractor, its employees, and/or authorized subcontractors in the performance of this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect.

6.10. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any 7 Bracken’s Kitchen Inc.

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and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.11. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

6.13. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict of Interest. Contractor and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090.

During the term of this Agreement, Contractor and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 8 Bracken’s Kitchen Inc.

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6.15. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.

6.16. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.17. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.18. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which 9 Bracken’s Kitchen Inc.

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determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CONTRACTOR
__________________________________ Date: __________________________ Signature
__________________________________
[Name and Title]

CITY OF COSTA MESA
__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
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APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Ruth Wang
Risk Management
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________ Susan Price
Assistant City Manager
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________ Carol Molina
Finance Director
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EXHIBIT A

SCOPE OF WORK
174

SCOPE OF WORK
3175 Airway Avenue – Costa Mesa Bridge Shelter Commercial Kitchen Management In April of 2021, the City of Costa Mesa opened its permanent bridge shelter with 72 beds at 3175 Airway Avenue. The shelter operator is Mercy House Living Centers. Mercy House Living Center has operated the shelter since April 2019, when it was temporarily located at the Lighthouse Church, with 50 beds. The Commercial Kitchen at Airway was designed with a passion for community engagement at the shelter. We view this as the opportunity to integrate volunteerism and mentorship, through meal preparation and service, to improve the hope and resilience of the residents we serve.

The project is a partnership of many agencies, most of whom are active members of the Network for Homeless Solutions in Costa Mesa. The City of Newport Beach is a partner in the project, with 20 beds for referrals from their outreach team. We know it takes a village to solve homelessness, and we are seeking the right partner to participate in these efforts to lift up our community, assist the most vulnerable among us and do whatever it takes to reach our fullest potential, together.

The City understands that procuring staffing for this scope of work may need to be incremental; Therefore, the proposer should provide a start date for the meal service, including preparation, delivery and a timeline for full operational staffing for the kitchen on site during the contract term.

Primary Role for the Principal Operator:

Operate the Commercial Kitchen in compliance with Public Health Permit requirements, related to equipment, storage and rotation of foods, serving residents, kitchen cleanliness etc.

Ensure all kitchen personnel are properly trained, certified and have volunteer waivers on file for all workers.

The principal staff working within the kitchen must possess Public Health Safe Food Handling certification, and operate the kitchen in compliance with Public Health guidelines.

Develop and implement a menu plan for Breakfast, Lunch and Dinner, 365 days per year for 72 bed emergency bridge shelter for homeless individuals, with meal options to accommodate dietary restrictions/preferences.

General in house meal times are as follows:

Breakfast 6 am – 8 am Continental
Lunch 11a – 1pm hot and/or cold (to go options)
Dinner 5pm to 7pm hot and/or cold
Procure all food supply ingredients and kitchen supplies to deliver this food service for the shelter residents.

Create an Integrated Community Kitchen:

Participate in the development and implementation of marketing materials to engage the broader community for volunteer, donor and sponsorship opportunities to ensure the Costa Mesa (and Newport Beach) community can contribute to homelessness solutions.
175
Support opportunities to accept and utilize surplus foods from catered events, and restaurants (Abound Food Care, formerly Waste Not OC).

Participate in the development and oversight of a training and orientation program for kitchen workers, including certifications required for Safe Food Handling, coordinate and calendar of volunteers’ recruitment, training, retention and supervision, recognitions etc.

Innovation:

Open to innovative business model development related to workforce/internship programs, engagement with OCC culinary arts programs, OC food bank, Abound Food Care, formerly Waste Not OC, development of single serve meal delivery for other community needs namely street outreach, disabled and/or senior citizens.

The homeless shelter residents certainly do appreciate opportunities to have BBQ meals, delivery by lunch truck, local restaurant sponsoring meals, sack lunches for street outreach and those that are at work during meal times. These are just some examples of the dynamic opportunity to engage our residents in the program design and delivery model.
176

EXHIBIT B
CONTRACTOR’S PROPOSAL
177
February 18, 2022
Mrs. Susan Price
Assistance City Manager
77 Fair Drive,
Costa Mesa, CA, 92626
Dear Susan,
We hope this letter and proposal finds you well.

We are truly grateful for the opportunity to learn of the great works the City of Costa Mesa and your team have done with the community’s most vulnerable population.

We are honored for the RFP invitation and excited to present this proposal for food services at the Airway Shelter.

Bracken’s Kitchen will commit to delivering complete, high quality, ready-to-serve, tasty and nutritious meals for breakfast, lunch, and dinner to the new shelter beginning April 15th, 2022.

A minimum of one hot meal will be provided daily with to-go options at lunch. The Kitchen will also provide fully trained and certified staff or volunteers at the shelter.

With 16 fully trained culinary staff and an army of over 450 recurring volunteers led by four reputable and experienced chefs, we are confident in our ability to develop and implement a menu plan for Breakfast, Lunch, and Dinner for 72 homeless individuals, 365 days a year. Our senior chefs and leadership come to us from premier restaurants including The Peninsula of Beverly Hills, Island Hotel of Newport Beach, Charlie Palmer restaurant groups, and Wolfgang Puck catering services.

With a skilled chef instructor on staff, we recently re-launched our Culinary Training Program, which will graduate students into hospitality careers. Students will have the opportunity to serve at the Airway Shelter with a paid internship while honing their skills for career success in the food industry.

By engaging the community to come alongside us through our Food Truck and Community Feeding program, we inspire and provide a safe and meaningful experience for volunteers to serve the community. We are fully committed to cultivate a variety of opportunities to serve the community in Costa Mesa through street outreach, single serve packaged meal offering for the senior and disabled communities and hot meals programs for children after school programs.
13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org 178
179
process will be incremental while the off-site Kitchen continues to prepare and deliver ready to be heated meals. Placement of fully trained staff for in-shelter kitchen for the scope of work begins no later than 60 days from start of contract.

Until in-shelter kitchen is fully staffed, delivery of meals will be provided with the food held in disposable aluminum pans and placed inside insulated Cambro containers to maintain temperature.

Shelter Management will be responsible for all food service equipment needed to ensure both proper food safety and proper portion control of food served. Bracken’s Kitchen will provide all serving and portion control guidelines to ensure staff is aware of proper portions for all meals.

To better manage food costs this period of supply constraints the Kitchen will work diligently through its Rescued Food Program to provide fresh and quality food product for meal production with partners such as Abound Food Care, OC Food Bank, Second Harvest Food Bank, Chef to End Hunger, Vesta Food Services, Solution of Urban Agriculture and other food suppliers and processors. The Kitchen has 8 years of experience in rescuing and repurposing almost 2 million pounds of unused edible food into 5 million tasty nutritious meals for the community living in food insecurity. Over 75 community and agency partners such as Trellis, OCC and Saint Joachim Catholic Church in Costa Mesa and 12 homeless shelters in Orange County and Los Angeles County collaborate with our Community Feeding Program to bridge the food gap for the less fortunate.

With 16 fully trained culinary staff and an army of over 450 recurring volunteers led by four reputable and experienced chefs, we are confident in our ability to develop and implement a menu plan for Breakfast, Lunch, and Dinner for 72 homeless individuals, 365 days a year. Our senior chefs come to us from premier restaurants including The Peninsula of Beverly Hills, Island Hotel of Newport Beach, Charlie Palmer restaurant groups, and Wolfgang Puck catering services.

We recognize that work force training is critical as restaurants and hospitality venues slowly rebuild staff and regain their footing as Covid restrictions recede. With a skilled chef instructor on staff, we recently re-launched our Culinary Training Program, which will graduate students into hospitality careers.

The Culinary Training Program provides our underserved students the introductory skills needed for employment in a professional kitchen. The training program entails learning the skills needed to prepare, cook, and serve food with menus that fluctuate around our rescued food inventory. By combining all of our programs we are building the framework to create a long term self-sustaining program that provides a hand up not just a hand out. Students will have the opportunity to serve at the shelter with a paid internship while honing their skills for career success in the food industry.
13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org 180

As with many non-profits, our volunteer program is the core of our operation. We provide opportunities for the community to contribute to socially equitable causes including ending hunger using their time, talent, and treasure. Our Food Truck Feeding Program provides a unique approach to serve the community at the point of need. It allows meals to be served directly to families, seniors, and others with limited mobility and geographic restrictions. It also provides opportunities for volunteers and staff to meet and build community with those we serve.

It is in our best interest to engage volunteers alongside with the city coordinators of Costa Mesa to serve the shelter clients during meal services while in-shelter kitchen staff ensures the preparation and production of meals. Our volunteer engagement program with its user-friendly software will provide a streamlined sign-up process to manage scheduling and utilization.

Founder and Culinary Director Chef Bill Bracken is a nationally renowned chef with over 40 years of experience in the 5 Star 5 Diamond luxury hotel industry. He oversees all kitchen operations with two other Culinary Institute of America (CIA) alums; Director of Food Services Chef Michael Owens, and Program Chef Kris Kirk.

Chef Michael Owens has over 25 years culinary experience and followed Chef Bill from the Peninsula Hotel of Beverly Hills to the Island Hotel of Newport Beach. Chef Michael manages, mentors, and leads the day-to-day food procurement operations, maintains expectations in food and labor costs, and is a certified manager on food handling safety. With the experience in his most recent ventures in managing and providing packaged food products to establishment such as Disneyland who requires strict quality control and inspection, Chef Michael brings professional expertise to the team and coordinates and facilitates all incoming food donations as well as the outgoing distribution of meals and product to our many community agency partners.

Chef Kris Kirk manages our daily menu and food production. He began his life-long journey in the hospitality industry as a dishwasher then advanced to kitchen manager while earning his BA in Communications from USC. He later graduated from the CIA and honed his skills at Wolfgang Puck's Spago Beverly Hills, Charlie Palmer’s Aureole Las Vegas and was instrumental in building the team for Michael Mina’s Aqua at the St. Regis Monarch Beach Resort. He excelled as Executive Chef at premier restaurants including Sage on the Coast, Ecco at the Camp, and DIVBAR in Newport Beach, where he worked under Chef Bill’s leadership. Chef Kris has a passion for sustainable cuisine and takes great pride in providing nutritious healthy meals to clients especially at Sapphire Catering Services who provide meal services for charter and private schools and corporate offices.
13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org Key Personnel:
181
Our culinary leadership applies the same high food safety standards and exceptional food quality from their collective experience to now serve thousands living with food insecurity. The only difference is for the first time in Orange County surplus safe and edible food is rescued and used in our menu planning. Our professional chefs and their culinary staff deploy their innovative culinary skills to cook delicious and nutritious meals at very low cost.

Running a nonprofit is no different than other businesses; operational infrastructure is crucial to maintain production efficiency and sustainability. Given Bracken’s Kitchen’s rapid expansion, Caterina Richards joined the team in 2018 as Director of Operations to develop and implement the organization's strategic plan and daily operations. Honored as one of OC METRO's "Top 40 under 40" entrepreneurs and nominated for the OC Business Journal's Businesswoman of the Year Award multiple times, and recently awarded Congressman Lou Correa's "Women of the Year Award". Caterina has over 20 years of entrepreneurship experience and managed successful woman and minority owned business ventures in the LED lighting optics industry. Ms. Richards leads the operation and program teams ensuring all program needs are met and a sustainable business model is properly cultivated and maintained.

Chef Charlie Negrete is a graduate of CSCA and began as Sous Chef and is now our Chef Instructor. He has climbed the ranks from dishwasher to executive chef and chef instructor. He worked under Michelin Starred Chefs and premier establishments such as the Peninsula Hotel of Beverly Hills, Terranea Resort, and Portofino Hotel & Yacht Club. With his new calling to empower society’s underserved, Chef Charlie spent two years at the LA Kitchen before it was closed in 2018. Charlie was instrumental in developing the culinary training program at LA Kitchen and carries those experiences into our own Culinary Training Program.

We meet our mission by helping you provide a healthy and wholesome foundation of quality food to the shelter clients enabling them to be ready to improve their current life situation.

BREAKFAST:

Continental options include fresh breakfast pastries, baked goods, fruit, cereals, or oatmeal. Two hot breakfast options weekly may include eggs, breakfast meat options, breakfast casserole, pancake or French toast.

LUNCH and DINNER:

Meal options include ready to reheat hot meal, seasonal entrée salad, cold sandwiches, and pasta salad. Items might be available as to-go option.
13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org Food Services Options:
182

• Pork Carnitas with Spanish Rice and Beans, Crispy Coleslaw • Ham Salad Sandwiches with Orzo Salad, Fresh Fruit
• Chicken Parmesan Sandwich on a Potato Bun with a Classic Caesar Salad • BBQ Chicken Salad with Mixed Greens, Black Beans and Corn, BBQ Ranch Dressing A minimum of one ready to reheat or hot meal will be provided daily. The meal will consist of one hot entrée and a combination of a hot starch or vegetable and a cold salad or fruit. The hot entrée and starch may be combined as one meal such as a pasta or braised beef stew.

Examples of menu items may include:
• Creole Chicken Pasta with Tomatoes and Herbs, Served with Garden Salad • Spanish Beef Picadillo and a Leafy Green Salad
• BBQ Chicken with Roasted Potatoes, Classic Coleslaw
• Turkey A LA King over Egg Noodles, Fruit Compote
Please find below our proposed subsidy per meal period. Client will agree to a minimum number of meals to be made and delivered and an agreed advance notice of any census changes in guest count. Subsidized cost based on a minimum of 50 meals per meal period. The Kitchen reserved the right to minimize staffing on site, should census reach below 50 meals per meal period.

Estimated cost per tasty and nutritious meal is as follows:

Breakfast: $3 per person
Lunch: $5 per person
Dinner: $6 per person
Breakfast/Lunch/Dinner Combo Discount: $12.50/day per person Interim Service without staffing on site: (reheating required by City or Shelter Staff) Daily: 72 ppl x $7 per = $504.00 per day
Weekly: 7 days = $3,528.00 per week
Annual: 52 weeks = $183,456.00 per annual
Delivery fees: weekly @ $75.00 = $3,900.00 annual
Full Service with trained and certified staffing:

Daily: 72 ppl x $12.50 per = $900.00 per day
Weekly: 7 days = $6,300.00 per week
Annual: 52 weeks = $327,600.00 per annual
13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org PRICING:
183

Begin no later than 60 days from start of service
Knowing that the food industry has been hit the hardest during the pandemic all the way up the “food chains”, we see a decline in in-kind food donations. While we leverage our relationships with our partners from our Rescue Food Program and In-Kind donation, we carry the financial burden to provision for supplemental and fresh products, which has a big impact with our meal production. In order to moderate and minimize food cost, we seek and forge new partnerships to broaden our rescued food supply chain, such as local farmers, distributors, wholesalers, food processors, and mass food production manufacturers. However, we will continue to meet these challenges as the economic impact continues in the foreseeable future. With cost in mind, we adjust our menu weekly and sometimes pivot throughout the week to best utilize what we have on hand from rescue food program along with economical purchases.

Bi-Weekly invoice will be submitted for payment.

Upon credit approval customer will be given Net 30 terms.

Invoices not paid within terms are subject to a 1.5% monthly finance charge.

Program contact information is as followed:

Caterina Richards, Director of Operations: (949) 861-1706 or [email protected] Michael Owens, Director of Food Services (626) 710-8196 or [email protected] 13941 Nautilus Drive, Garden Grove, CA, 92843 |. www.brackenskitchen.org PAYMENTS:

CONTACT INFORMATION:
184
RFP 22-03
Cost Proposal
Estimated cost per meal is as follows:

MEALS COST PER DAY FOR 1 PERSON
Breakfast
Lunch
Dinner
Breakfast /Lunch /Dinner Combo Discount
Other_______________________________

FULL CAPACITY
$ 3.00 / day per person
$ 5.00 / day per person
$ 6.00 / day per person
$12.50 / day per person
$______ / day per person
Daily: 72 people
Weekly: 7 days
X $ 12.50
X $ 900.00
= $ 900.00 per day
= $6,300.00 per week

Page 1 of 1 ends

185

EXHIBIT C
CITY COUNCIL POLICY 100-5
186

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE
1 of 3

PURPOSE
It is the purpose of this Policy to:

1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.

2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.

POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.

1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:

A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub-grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;
B. Establishing a Drug-Free Awareness Program to inform employees about:
187

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE
2 of 3

1. The dangers of drug abuse in the workplace;

2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation and employee assistance programs; and

4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:

1. Abide by the terms of the statement; and

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;
F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:

1. Taking appropriate personnel action against such an employee, up to and including termination; or

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; 188

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE
3 of 3
G. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.

2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:
a. Contractor and/or sub-grantee has made a false certification under paragraph 1 above;
b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub-grantee has failed to make a good faith effort to provide a drug-free workplace.

3. Should any contractor and/or sub-grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub-grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.
189
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-638 Meeting Date: 4/19/2022
TITLE:

AWARD OF CONTRACT FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES DEPARTMENT: PUBLIC SERVICES DEPARTMENT/MAINTENANCE SERVICES

DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR CONTACT INFORMATION: ROBERT RYAN, MAINTENANCE SERVICES MANAGER, (714) 327-7499
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the proposed Maintenance Services Agreement (MSA) with Brightview Landscape Services, Inc. for citywide parks and landscape maintenance services, in an amount not to exceed $2,364,061 annually, for an initial term of three (3) years with two (2) optional one- year extensions for a total of five years.

2. Approve a 10% contingency annually for irrigation and landscape repairs and other unforeseen costs and approval for Consumer Price Index (CPI) escalation and de- escalation.

3. Authorize the City Manager and City Clerk to execute the MSA and future amendments to the agreement within Council authorized limits with Brightview Landscape Services, Inc.

BACKGROUND:

The City of Costa Mesa is responsible for the maintenance of over 226 acres of landscape within 29 parks, 5 sports fields, and 13 facilities as well as numerous parkways, bike trails and medians. On July 1, 2017, the City entered into a three (3) year agreement with two (2) additional one-year renewal periods with Marina View Landscape, now known as Brightview Landscape Services, Inc., to provide comprehensive parks and landscape maintenance services. The final one-year extension period ends on June 20, 2022.

The general scope of work includes complete turf maintenance, weeding and edging of ground cover, preventing and controlling weeds in turf, planters and hardscape, trimming of shrubs, the cleaning and maintenance of hardscape areas, litter collection and disposal, and other activities normally associated with maintenance of municipal parks, recreational facilities and landscaped areas.

As the maintenance service contract term is ending, the work needed to be re-bid and a new contract

Page 1 of 3 ends

190
File #: 22-638 Meeting Date: 4/19/2022
As the maintenance service contract term is ending, the work needed to be re-bid and a new contract established.

ANALYSIS:

On November 10, 2021, the Purchasing Division advertised a Request for Proposal (RFP) No. 22-10 for Parks and Landscape Maintenance as required by the City of Cost Mesa Municipal Code. The RFP was posted on the Planet Bids website.

In response to the RFP, six (6) bids were received. The proposals were initially screened by the Purchasing Division to confirm that they met the requirements of the RFP, after which they were evaluated separately by two (2) City staff and a municipal landscape maintenance superintendent from the City of Newport Beach. On January 19, 2022, the independent results were compiled by the Purchasing Division. It was the consensus of the three (3) raters that Brightview Landscape Services, Inc. (Brightview) was the most qualified company and submitted the highest rated proposal (Attachment 2). The raters determined that Brightview has the resources to provide the high level of service the City is looking for and had the most experience maintaining the types of municipal facilities found in Costa Mesa.

The Purchasing Division contacted multiple references for each proposer as part of the review process and found that all of the references for Brightview were very positive about all areas involved in the inquiry. The references confirmed that Brightview had provided the high quality work required, and that they successfully performed services of a similar scope and magnitude locally to not only Costa Mesa, but also to other agencies including Anaheim, Lake Forest, Newport Beach and San Juan Capistrano. In addition to financial and insurance review, staff also verified Brightview’srequired licenses to perform the work.

ALTERNATIVES:

The City Council could reject the bid and redirect staff to re-advertise the work. However, staff believes that this alternative would not result in locating a higher rated company with more competitive pricing than those received in the initial process.

FISCAL REVIEW:

Funding for this contract will be included in the Fiscal Year 2022-23 Public Services Department operation budget in the amount of $2.6 million. After the first year, Brightview may increase its fees annually in an amount not to exceed 5% based on CPI for the Los Angeles-Long Beach-Anaheim area.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this report, prepared the Maintenance Services Agreement, and approves them both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Strengthen the public’s safety and improve the quality of life

Page 2 of 3 ends

191
File #: 22-638 Meeting Date: 4/19/2022
CONCLUSION:

Staff recommends the City Council:

1. Approve the proposed Maintenance Services Agreement (MSA) with Brightview Landscape Services, Inc. for citywide parks and landscape maintenance services, in an amount not to exceed $2,364,061 annually, for an initial term of three (3) years with two (2) optional one- year extensions for a total of five years.

2. Approve a 10% contingency annually for irrigation and landscape repairs and other unforeseen costs and approval for Consumer Price Index (CPI) escalation and de- escalation.

3. Authorize the City Manager and City Clerk to execute the MSA and future amendments to the agreement within Council authorized limits with Brightview Landscape Services, Inc.

Page 3 of 3 ends

192

1 Brightview Landscape Services, Inc.

Form Rev. 11-18-21

CITY OF COSTA MESA

MAINTENANCE SERVICES AGREEMENT
WITH
BRIGHTVIEW LANDSCAPE SERVICES, INC.

THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into this 19th day of April, 2022 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and BRIGHTVIEW LANDSCAPE SERVICES, INC. , a California corporation (“Contractor”).

W I T N E S S E T H :

A. City proposes to utilize the services of Contractor as an independent contractor to provide landscape maintenance services, as more fully described herein; and

B. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and

C. City and Contractor desire to contract for the services and desire to set forth their rights, duties and liabilities in connection with the performance of such services; and

D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and cond itions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONTRACTOR

1.1. Scope of Services. Contractor shall provide the services described in the Scope of Work, attached hereto as Exhibit “A ,” and Contractor’s Proposal, attached hereto as Exhibit “B,” both incorporated herein (the “Services”) . Contractor shall provide the Services at the locations set forth in Exhibit “C,” attached hereto and incorporated herein.

1.2. Prevailing Wage Requirements.

(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailin g Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This project is a “maintenance” project and requires compliance with the Prevailing Wage Laws. Contrac tor 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.

(b) Payment of Prevai ling Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or ATTACHMENT 1
193

2 Brightview Landscape Services, Inc. Form Rev. 11-18-21 classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s). (c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty-Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code. (d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5. (e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. (f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR. 1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of City. Evaluations of the work will be done by City’s Maintenance Services Manager or his or her designee. If the quality of work is not satisfactory, City in its 194

3 Brightview Landscape Services, Inc. Form Rev. 11-18-21 discretion has the right to: (a) Meet with Contractor to review the quality of the work and resolve the matters of concern; (b) Require Contractor to repeat the work at no additional fee until it is satisfactory; (c) Issue a Performance Deficiency Notification, in substantially the form as set forth in Attachment 1 to Exhibit A, and withhold payment if Contractor fails to correct the deficiencies identified, as further detailed below; and/or (d) Terminate the Agreement as hereinafter set forth. In the event Contractor fails to correct the deficiencies identified in a Performance Deficiency Notification within the timeframes set forth in such notification, City may deem the period from the date on which the deficiencies are identified through the date on which the deficiencies are corrected to City’s satisfaction to be a “period of noncompliance.” During a period of noncompliance, the City may, in its discretion, withhold any payments which may be due or become due to Contractor and/or deduct from any payments which may be due or become due a pro-rated amount of Contractor’s monthly compensation. Such pro-rated amount will be calculated based on Contractor’s total monthly compensation divided by the number of working days during the period of noncompliance. 1.4. Compliance with Applicable Law. Contractor shall perform the services required by this Agreement in compliance with all applicable federal and state employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other applicable federal, state and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement. 1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code. 1.6. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other contractors for services similar to the Services in this Agreement or may have its own employees perform services similar to those Services contemplated by this Agreement. 1.7. Delegation and Assignment. Contractor may not delegate or assign this Agreement, in whole or in part, to any person or entity without the prior written consent of City. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor’s sole cost and expense. 195

4 Brightview Landscape Services, Inc. Form Rev. 11-18-21

2.0. COMPENSATION AND BILLING 2.1. Compensation. City agrees to pay Contractor a monthly fee of One Hundred Ninety-Seven Thousand Five Dollars and Five Cents ($197,005.05) in accordance with the fee schedule set forth in Exhibit C. Contractor’s annual compensation shall not exceed Two Million Three Hundred Sixty-Four Thousand Sixty Dollars and Sixty Cents ($2,364,060.60). 2.2. Fee Increases. Contractor shall not increase its fees during the first year of the term of this Agreement. Thereafter, Contractor may increase its fees on an annual basis using the Consumer Price Index for All Urban Consumers for the Los Angeles–Long Beach–Anaheim area (CPI). The adjustment will be determined using the April index for the current year and the April index for the preceding year. However, in no event shall the increase in Contractor’s fees exceed five percent (5%). If Contractor desires to increase its fees as set forth herein, Contractor shall provide written notice to the City by June 1 of the year in which the increase will take effect, which notice shall include reference to the CPI index, the percentage CPI increase, and Contractor’s revised fees based on such CPI increase. Any increase to Contractor’s fees and corresponding increase in Contractor’s maximum annual compensation will be reflected in an amendment to this Agreement and effective on July 1. No increase in Contractor’s compensation will be retroactive. 2.3. Additional Services. Contractor shall not receive compensation for any services provided outside the Scope of Services set forth in this Agreement without amending this Agreement as provided herein. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.4. Method of Billing. Contractor may submit invoices to the City for approval on a monthly basis. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the Services performed and the date of performance. 2.5. Records and Audits. Records of Contractor’s Services shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times throughout the term of this Agreement through three (3) years after its termination. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. Contractor shall commence providing the Services on July 1, 2022 (“Commencement of Work”). The Services shall be performed in strict compliance with the schedule set forth in Exhibits A and B. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 196

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4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of three (3) years from the Commencement of Work, ending on June 30, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by two (2) additional one (1) year periods upon written agreement of the parties. 4.2. Notice of Termination. City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event City terminates this Agreement due to nonperformance or substandard performance by Contractor, City may contract or cause to be done any work not completed or satisfactorily completed at the time of termination. In such event, final payment to Contractor will be reduced by the total cost of such work. 4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and Services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City: (a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. (c) Workers’ compensation insurance as required by the State of California. Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, 197

6 Brightview Landscape Services, Inc. Form Rev. 11-18-21 employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. 5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of Contractor pursuant to its contract with City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor.” (b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.” (c) Other insurance: “Contractor’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.” (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (e) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.5. Non-limiting. The insurance provisions contained in this Agreement shall not be construed as limiting in any way, the indemnification provisions contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior 198

7 Brightview Landscape Services, Inc. Form Rev. 11-18-21 writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement. Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONTRACTOR: IF TO CITY: Brightview Landscape Services, Inc. 1960 S. Yale Street Santa Ana, CA 92704 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Tel: (714) 546-7843 Tel: (714) 754-7499 Attn: Darin Sherlock Attn: Robert Ryan Courtesy copy to: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Attn: Finance Dept. | Purchasing 6.5. Drug-free Workplace Policy. Contractor shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “D” and incorporated herein. Contractor’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection 199

8 Brightview Landscape Services, Inc. Form Rev. 11-18-21 with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 6.8. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, and hold harmless the City, its elected officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect. 6.10. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to 200

9 Brightview Landscape Services, Inc. Form Rev. 11-18-21 indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.11. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require. 6.13. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this Agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 6.14. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect. 6.15. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 201

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6.17. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns. 6.18. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.19. Headings. Headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.20. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.25. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. [Signature page follows.] 202

11 Brightview Landscape Services, Inc. Form Rev. 11-18-21 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CONTRACTOR __________________________________ Date: __________________________ Jeff Herold COO/President CITY OF COSTA MESA __________________________________ Date: __________________________ Lori Ann Farrell Harrison City Manager ATTEST: __________________________________ Brenda Green City Clerk APPROVED AS TO FORM: __________________________________ Date: __________________________ Kimberly Hall Barlow City Attorney APPROVED AS TO INSURANCE: __________________________________ Date: __________________________ Ruth Wang Risk Management APPROVED AS TO CONTENT: __________________________________ Date: __________________________ Robert Ryan Project Manager 203

12 Brightview Landscape Services, Inc. Form Rev. 11-18-21 DEPARTMENTAL APPROVAL: __________________________________ Date: __________________________ Raja Sethuraman Public Services Director APPROVED AS TO PURCHASING: __________________________________ Date: __________________________ Carol Molina Finance Director 204

EXHIBIT A SCOPE OF WORK
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SCOPE OF WORK SECTION 1 - GENERAL SPECIFICATIONS LANDSCAPE AND TURF MAINTENANCE SPECIFICATIONS 1. GENERAL PROVISIONS A. Scope of Work: The scope of work consists of the complete landscape, irrigation and specialty maintenance of parks, parkways, sports fields, lakes, and facilities within the City of Costa Mesa. The work consists of complete turf maintenance, weeding and edging of ground cover, preventing and controlling weeds in turf, planters and hardscape, trimming of shrubs, application of pesticides, cleaning and maintenance of restrooms, hardscape areas, litter collection and disposal, and other activities normally associated with full service maintenance of municipal parks, recreational facilities and landscaped areas. B. Locations: See Detailed Pricing Sheets C. Quality of Work: The Director of Public Services, or his designated representative, shall be the sole judge as to the adequacy and quality of maintenance. Where the Director of Public Services is mentioned in these General Provisions, it shall be noted that his designated representative may act in his behalf regarding administration of this agreement. To ensure consistent quality of the work being performed, the City representative may inspect all areas covered by this contract within 24 hours after work is scheduled to be performed for the month. Any deficiencies shall be recorded on the Performance Deficiency Notification form, see Attachment 1, and submitted to the contractor for review and corrective action. After the correction period allowed in the Performance Deficiency Notification form has passed, the City represent shall re-inspect the deficient work and complete and submit a Performance Deficiency Status Memo, see Attachment 1, to the Contractor. Any deficiencies not corrected shall result in the value of the work deducted from the monthly payment to the Contractor. The bid prices quoted by the contractor in the Service Area and/or Extra Work Pricing Sheets shall be used to determine the dollar value of any deficiencies. D. Definitions: All references herein to “City” shall mean the City of Costa Mesa or City’s Authorized Representative. 2. CONTRACTOR’S RESPONSIBILITY A. Experience: Prior to contract award, the successful Proposer for this contract shall be required to demonstrate to the City that he/she can successfully perform maintenance work of the type involved in this contract and possesses suitable equipment to perform the work. 206

B. Local Office: The Contractor shall maintain a local office with a competent representative who can be reached during normal working hours or emergencies who is authorized to make decisions on matters pertaining to this contract with the City. Field facilities that support daily operations must be within fifteen (15) miles of the City. C. Equipment List: All Proposers must provide a list of equipment they will use to fulfill the contract. The list must include the make, model, year of equipment and whether the equipment is owned or leased. The City reserves the right to determine the capability of the equipment and to reserve acceptance or rejection of deficient equipment. D. Licenses and Permits: The Contractor shall, prior to submitting a Proposal and during contract period, possess all licenses and permits required for the performance of the work required by this contract. Contractor must possess a Business License for Pest Control and must possess or employ person(s) possessing a valid Pest Control Advisers License and a valid Qualified Applicators License in the required categories. In addition, all persons performing pest control and handling pesticides shall possess a valid Qualified Applicator’s Certificate in the applicable category. No Proposal shall be considered from a Proposer who, at the time the Proposal is submitted, is not licensed (C-27) to contract for this project in accordance with the law under provisions of Division 3, Chapter 9, of the Business and Professions Code of the State of California. In the event of a dispute as to the classification of the license required, the opinion of the Contractor’s State License Board shall prevail. This requirement is not a mere formality, and it shall not be waived. All vehicle operators performing work on this project shall have a valid State of California driver’s license for the class of vehicle being operated and while working in the City have signage on two sides of each truck stating “Authorized Contractor for the City of Costa Mesa”; with Name of Company, Phone number(s) of Company and State Contractor’s license number(s). The Contractor shall have a valid City of Costa Mesa business license prior to starting work. The Proposer shall provide a copy of all required licenses, in their Proposal except for City Business License. E. Contractor is an Independent Contractor: The Contractor shall act under the contract as an independent contractor vis-à-vis the City of Costa Mesa and shall not be an agent or employee of the City. The Contractor shall not represent or otherwise hold out itself or any of its subcontractors, directors, officers, partners, employees or agents to be an agent or employee of the City. F. Indemnification: The Contractor shall indemnify and otherwise hold harmless the City, and its officials, officers, employees, agents and other representatives, from all liability, loss or damage, including reasonable attorney’s fees and other costs of defense resulting from damage or injury to persons or property caused, or claimed to have been caused, by acts or omissions of the Contractor or of any of its agents in the course of or in connection with the Contractor’s performance under the contract. The parties agree to cooperate fully in the resolution of any claims for such liability, loss, or damage. G. Compliance with the Law: The Contractor agrees that his performance under the contract shall comply with all applicable laws of the State of California, and any political 207

subdivision of such state, including without limitation the County of Orange, and the City of Costa Mesa. H. Equal Employment Opportunity: The Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in imposition of penalties referred to in Labor Code Section 1735. I. Personnel – Minimum staffing levels, Supervision & Certifications: The Contractor shall furnish a minimum of thirty (30) regular maintenance staff members, three (3) irrigation technicians and two (2) supervisors, Monday through Friday and six (6) maintenance staff members on weekends and Holidays, to complete all work required under this contract during the regular and prescribed hours; and to the standards deemed acceptable to the City’s Representative. All such personnel shall be physically able to perform the required work. The Contractor and his employees shall conduct themselves in a proper and efficient manner at all times and shall cause the least possible annoyance to the public. They shall be fully clothed in matching, well-maintained, company uniforms; with name of company and employee clearly visible. The City may require the contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of the City. All personnel working on the City contract must be capable of communicating effectively with City Representative and the public in English. The Contractor shall notify the City’s Representative at least forty-eight (48) hours prior to any staffing level changes that may arise due to training, employee issues, functions or meetings. Regular staffing shall include the following: 1. Supervision: The Contractor shall assign adequate supervisory personnel to be on site each working day, working regular working hours, for the duration of this contract. The Contractor and the supervisor shall have expertise and experience in comprehensive maintenance of a wide range of municipal facilities, including but not limited to: plant care, irrigation management, pest control, soils, fertilizers, and plant identification. The supervisors must be fluent in the English language (written and spoken), and must be able to communicate effectively with City Representative, the public and subordinate staff. There shall be regular meetings on site with the Contractor and the City to determine progress and to establish areas requiring attention to meet specifications. City shall retain the right to schedule meetings at any frequency. 2. Certification: A Certified Irrigation Technician that will be responsible for irrigation testing, identifying and making any necessary irrigation repairs as well as recommending/requesting specific irrigation scheduling changes. Employees making recommendations or applying pesticides shall be certified by the State of 208

California Department of Pesticide Regulation and have the required licenses or certificates and Orange County registrations to conduct pesticide application operations. J. Scheduling of Work: On a monthly basis or more frequently if the City determines it is necessary, the Contractor shall provide a comprehensive schedule for the work to be conducted during the next work period. The schedule shall be of the calendar type and shall list the tasks to be accomplished per site and the number of employees and man-hours that shall be dedicated to the work. The schedule shall also indicate any special work assignments i.e. pesticide application, tree trimming, playground inspections, pressure washing, etc. that shall be conducted. The schedules shall be submitted to the City five (5) working days prior to the first working day of the month or work period. Failure to submit schedules within the time frame specified shall result in a penalty of $100 per occurrence, per schedule for each calendar day until schedules are received. The Contractor shall accomplish all normal work required under this contract between the hours of 7:00 a.m. and 3:00 p.m., Monday through Sunday including Holidays. The City may grant, on an individual basis, permission to perform contract maintenance at other hours. K. Underground Alert: The Contractor shall comply with the requirements of Assembly Bill 73. The law states that, “…every person planning to conduct any excavation is required to contact a regional notification center at least 2 days prior to excavation” Assembly Bill 73 defines excavation as, “any operation in which earth, rock, or other material in the ground is moved, removed or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, digging, ditching, drilling, auguring, tunneling, scraping, cable or pipe and driving, or any other way. L. Payment: 1. Monthly Reports: The Contractor shall be paid monthly for work performed satisfactorily under this contract. At the completion of each month, the Contractor shall submit a detailed report of maintenance performed. This report shall be accompanied by a billing in accordance with the contract price for the work performed and shall become the basis for payment. The annual contract amount shall be divided into 12 equal payments. This is a prevailing wage contract. All Contractor employees must be paid in compliance with all applicable laws and prevailing wage determinations applicable at the time of award or otherwise mandated by changes in laws and/or regulations by Federal and/or State entities with authority over the classifications of workers for this contract. Certified payroll reports for all employees performing work on the contract during the billing period, shall be submitted with each invoice. The Contractor must meet all applicable State and Federal requirements and must be registered with the State Department of Industrial Relations for this project. 209

2. Payment Withheld: The City may withhold payment to such extent as may be necessary to protect the City from loss due to: • Work required in the specifications, which is defective, incomplete, or not performed. • Claims filed or reasonable evidence indicating probable filing of claims. • Failure of the contractor to make payments properly to subcontractors for materials and labor. A reasonable doubt that the contract may be completed for the balance then unpaid. Failure to submit required reports or other documents required by the contract. 3. CONTRACT SITES See Detailed Pricing Sheets 4. ADDITIONS/DELETIONS The addition or deletion of areas to be maintained may be made by the City with thirty (30) days written notice to the Contractor. To expedite any changes, the Contractor is to complete the Extra Work Bid Form, itemizing all applicable labor and material costs. Any and all such changes shall only be made upon written notification in the form of a change order approved by the Director of Public Services, which shall clearly state the effective date of the change, the adjusted contract amount and the scope of any changes. The contract amount shall be adjusted to reflect the additions or deletions. 5. EMERGENCY CALLS The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City may be referred to the Contractor for immediate response. • Contractor shall respond to emergency calls within two (2) hours from time of notification and shall notify the City Representative upon completion of the call out and the work performed. • Contractor shall designate a person(s) who shall be available to respond to emergency calls 24 hours per day. • Contractor shall submit telephone number(s) to the City that can be used to obtain emergency service on a 24-hour basis. Upon arriving at an emergency situation, it shall be the responsibility of the Contractor to eliminate all unsafe conditions which would adversely affect the health, safety or welfare of the public or notify the City Representative if that is not possible. Failure to respond within two (2) hours of attempt to contact shall result in a $300 penalty per incident. Failure to respond to an emergency when contacted, shall subject Contractor to any primary or secondary cost arising from said emergencies and may result in termination of contract. 210

6. SAFETY REQUIREMENTS All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public, and where applicable, comply with all laws, regulations, and applicable safety standards required by CAL-OSHA, the Work Area Traffic Control Handbook (W.A.T.C.H.) and the State of California Manual of Traffic Controls. The City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. A. Hazardous Conditions: The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his operations, shall be immediately reported to the City. B. Spills/Leaks: The Contractor must submit a written plan for the emergency clean-up of any leaks or spillage of hydraulic fluid, oils, pesticides and any other potentially hazardous materials. C. Traffic Control: During the progress of the work, adequate provision shall be made by the Contractor to accommodate normal traffic over public streets and park roadways so as to cause a minimum of inconvenience to the general public, and shall hold the City harmless from all claims arising from any act or omission on his/her part pertaining to any injury, death or damage to any person or property by reason of any use of any street by anyone while the Contractor is working or has any equipment or barricades thereon. Means of ingress and egress for occupants of property or buildings shall be provided at all times unless otherwise approved by City. Contractor shall notify City Representative of intent to begin work at least five (5) days before work is begun if the work shall include the closure of any traffic lane. The Contractor shall cooperate with local authorities and all other City departments relative to handling traffic through the area and shall make his/her arrangements relative to keeping the working area clear of vehicles. If the work is of a re-occurring nature, a one-time submittal of a traffic control plan shall be completed and approval received prior to the initiation of the work. When entering or leaving roadways carrying traffic, the Contractor’s equipment, whether empty or loaded, shall in all cases yield to public traffic. All traffic delineation and work area protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) and the State of California Manual of Traffic Controls. All lane closures shall require the completion and City approval of a traffic control plan prior to conducting work. Contractor shall provide a flashing sign arrow board for all lane closures. The 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 crossing through the construction area (W.A.T.C.H.). 211

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 shall be allowed therefore. 7. SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances, which apply to any work performed pursuant to the contract. No pruning operations, use of equipment or tools shall begin before 7:00 a.m. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. 8. WASTE DISPOSAL City shall provide a refuse and green waste transfer collection area within the City for the handling of all waste generated by this contract. Contractor shall be responsible for the collection, removal and disposal of all trash, debris and green waste generated by landscape maintenance activities as per specifications. The Contractor shall deposit general trash and green waste each day from the contract at the City’s transfer site. Additionally, the Contractor shall deposit all generated waste into the appropriate refuse container as provided by the City. The City will coordinate the emptying and tracking of such waste. Contractor shall keep refuse transfer area clean and free of any debris on the ground. 9. PROTECTION AND PRESERVATION OF PROPERTY The Contractor shall be held responsible for the preservation of all public and private property along and adjacent to the work area, and shall be required to exercise due caution to prevent any damage or injury, thereto, as a consequence of his/her operation. All trees, shrubs, ground covers, fences, warning signals, street signs, walks, walls, structures, stairways or other property shall be adequately protected and should not be removed or disturbed without permission from the City. Any damages resulting from Contractor neglect shall be repaired/replaced at the Contractor’s expense. The Contractor shall be responsible for repairing/replacing any existing plant material or irrigation systems in public or private landscapes damaged during maintenance operations, to their original condition at Contractor expense. Any damage to landscape areas shall be reported to the City immediately. 10. PUBLIC RELATIONS Contractor shall maintain good public relations at all times. The work shall be conducted in a manner that shall cause the least possible interference or annoyance to the public. 212

The City of Costa Mesa reserves the rights to contract for and perform other or additional work on or near the work covered by these specifications. When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with his contract and shall protect and hold harmless the City of Costa Mesa from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project. 11. INSPECTIONS Inspections may be performed by representatives of the City at specified times and/or random visits; during or following times when the Contractor is on site. All inspections requested by the Contractor shall be requested from the City Representative a minimum of forty-eight (48) hours prior to the anticipated inspection. All work shall meet the approval of the City, or be rectified by the Contractor to a condition that meets acceptance, at no additional cost to the City. If the Contractor calls for inspections and is not ready for the inspections, he/she shall be charged hourly, including travel time for all members of the team of inspectors involved. 12. GENERAL CLEAN-UP The Contractor is required to insure that all grass clippings, debris, etc. resulting from the landscape maintenance practice shall be thoroughly cleaned up and removed from the work site at the conclusion of the work day. The facility shall be left in an acceptable condition to the City. In the event the site is left in an unsatisfactory condition, the Contractor shall be required to return to the site and correct the unsatisfactory condition. In the event the Contractor does not correct the condition in a reasonable amount of time, City forces shall be dispatched and the Contractor shall be charged for the work. Repeated violations of this section shall result in termination of the contract. No debris may be left on site or placed in a roadway or drainage structure that is part of or drains to the City’s storm water collection system. 13. INCLEMENT WEATHER During the periods when inclement weather hinders or prevents normal maintenance operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather as listed below: The Contractor shall clean drains, gutters, or other drainage structures within contracted maintenance service areas or perform other activities as needed to address weather 213

related issues. The Contractor shall make available to the City, adequate personnel to assist in any storm related response or damage repair to sites in this contract. The Contractor shall not work or perform any operations during inclement weather that may cause damage to any landscaped area within the scope of this contract. The Contractor shall the contact City Representative by 7:00 a.m. on any work day when conditions shall/may result in no scheduled work to be performed. The Contractor shall immediately notify the City Representative when the work force has been removed from the job site due to inclement weather or other reasons. SECTION 2 – SPECIAL PROVISIONS 1. GENERAL LANDSCAPE MAINTENANCE Landscape maintenance shall include but not be limited to turf, shrub, groundcover areas, drainage structures and hard surface areas. Maintenance includes the routine mowing, pruning or trimming of turf, shrubs, and groundcover to maintain a neat appearance. Remove weeds that are not controlled by herbicides before size or abundance becomes a cause of complaint. Generally, weeds that exceed 3 inches to 5 inches in height or predominate in a bare area are unacceptable and shall be removed. Keep all areas in a neat, clean, and well maintained condition at all times. Animal feces, broken glass, sharp objects or other materials detrimental to human health shall be removed daily. Maintain all drainage structures to avoid obstruction at all times. Keep sidewalks and other hard surface areas free of obstructions, water, mud, algae, slime, silt, or other potentially hazardous debris at all times. Keep adjacent plant material from encroaching on to public right-of-way. 2. PLANT GUARANTEE AND/OR REPLACEMENT POLICY Existing plants shall be replaced by Contractor if they die due to Contractor's negligence. All replacement plants shall be inspected and approved by City prior to installation. All landscape improvements or repairs shall conform to the City of Costa Mesa Landscape Specifications and Details. 3. IRRIGATION A. Irrigation Repairs: The Contractor shall be responsible for repair of all site irrigation downstream from the water meter beginning with the customer service valve; all pressure main lines, or any equipment in line (flow meters, master valves, etc.), through lateral lines and sprinkler heads; including all irrigation controllers, rain gauges, control and communication wiring. The Contractor shall make all repairs using parts approved by the City’s Representative and in accordance with the City’s Irrigation Standards found in Attachment 3. Contractor shall notify City Representative of any main line failure within twenty-four (24) hours of occurrence. Non-functioning and unrepairable components (controllers, devices, gear driven rotor sprinkler heads) shall be replaced by the 214

Contractor at cost of the device plus 15%. The City Representative shall approve all repairs in advance. The Contractor shall not backfill any repairs without inspection by the City, unless authorized by the City Representative. Damage to irrigation systems caused by the Contractor shall be the responsibility of the Contractor to repair within 48 hours of occurrence, self-discovery or notification by the City. All replacement parts and materials are to be same type and model as original installation, unless a substitute is approved by City Representative. Failure to do so shall result in correction by the Contractor at no additional cost to the City. B. Irrigation Scheduling and Water Management: The City shall be responsible for the programming of irrigation controllers that are part of the City’s Rainmaster or Rain Bird centralized systems. The Contractor shall be responsible for programming all other irrigation controllers. For changes to irrigation schedules controlled by the City’s central irrigation systems, the Contractor shall submit proposed irrigation schedules or a request to change a schedule to the City Representative, two (2) working days in advance of the needed change. City Representative, using information provided by the contractor, shall program the change by the date requested. The Contractor shall perform inspections and repairs of all irrigation systems within contracted sites on the following schedule: 1. Facilities, Fire Stations, Medians, Parkways, Parks: • monthly 2. Sports Fields: • 1x/month October thru February • 2x/month March thru September All inspections shall be included in the work schedule and be performed in the presence of the City Representative unless otherwise authorized. All stations on any given controller shall be operated automatically, with the performance of every sprinkler observed and deficiencies noted in writing on a form provided by or approved by the City. The Contractor shall be responsible for programming each non-centralized irrigation controller in the “off” position during inclement weather. The controller shall be placed in the “off” position the last working day prior to a rain prediction of 40% or greater. Failure to do so shall result in a penalty of $100 per occurrence per irrigation controller for those observed to not be in the “off” position. The City shall have final determination as to the appropriate programming of irrigation controllers. Upon discovery, the Contractor shall immediately report any irrigation system malfunctions, vandalism or damage to the City Representative. The Contractor shall be responsible for necessary repairs to irrigation controllers. The City Representative shall inspect and confirm any proposed repairs to irrigation controllers prior to commencement 215

The Contractor shall furnish the City with copies of all invoicing, with both pricing and quantities listed, for any purchases of Rainbird and/or Hunter Industries Products monthly. C. Backflow Prevention Devices: The Contractor shall be responsible for testing, repairs and annual re-certification of all backflow prevention devices associated with landscape irrigation systems within their areas of responsibilities. The Contractor shall adhere to the timelines designated by Irvine Ranch Water District (I.R.W.D) and Mesa Consolidated Water District (M.C.W.D) for testing and repairs of each backflow preventer. The City Representative shall inspect and approve all repairs and testing, prior to payment to the Contractor. The Contractor must perform all tests and repairs with an Orange County Certified Backflow tester and a Licensed Plumber. Additionally, all devices must be tested and re-certified whenever a backflow device is installed or repaired. A yearly certification test must be performed on all devices. The Contractor is responsible for all required testing and repairs, along with required documentation maintained for a period three (3) years, with documentation provided to the City. Repair costs may be invoiced to the City with maximum 15% markup on parts and labor per the Extra Work Pricing. Testing costs are included in the base contract and shall not be invoiced. D. Irrigation Special Provisions: • Water Management: The Contractor shall manage irrigation water applied to City landscape maintenance areas included in this contract at a rate and quantity which closely matches the actual demands of plant material with little or no runoff. All turf areas shall be irrigated only as required to maintain acceptable growth and appearance without excess usage. Any irrigation water restrictions imposed by the water provider shall be strictly adhered to. Any penalties or fines imposed by the water provider due to the failure of the Contractor to follow restrictions shall be paid by the Contractor All components of the irrigation system shall be maintained in proper working order, as per manufacturer specifications and this specification. Contractor shall inspect irrigation systems regularly, at a minimum, per the requirements above. In addition, observations shall be made during regular maintenance activities for any apparent concerns; such as broken and/or malfunctioning heads and shall report observations and areas that need repair to the City Representative. All system problems observed shall be repaired immediately upon discovery or within 48 hours if immediate repairs are not practical. More detailed inspections of system equipment and performance shall be conducted per the specifications throughout the year with a summary report recorded in the maintenance log located within the controller. The maintenance log shall be discussed with the City Representative once per month at the scheduled walk-through/inspection. 216

This shall comprise all irrigation components that includes but is not limited to back flow prevention devices, main pressure lines, lateral lines, master valves, flow meter valves, sprinkler heads, pressure regulators, pumps, controllers, valves, wiring and rain guards if installed. • Irrigation/Operation and Maintenance: Contractor shall keep all controllers in continuous working order. Contractor shall repair and clean the irrigation controllers as needed to insure good working performance. Contractor shall keep all controller enclosures in good working order. This includes cleaning door panels, vacuuming interiors, pest prevention-eradication, lubrication of hinges, locks, etc. Contractor is responsible for securing the controller cabinet door at all times. • Contractor shall adjust all aspects of the irrigation systems in order to: o Provide optimum coverage of landscaped areas. o Prevent or minimize runoff and/or erosion. o Prevent or minimize water on roadways, facilities (tennis, basketball and handball courts, walkways, trails, fences, private property or other non-landscaped surfaces). o Prevent, eliminate and/or limit hazardous conditions. o Prevent “flood irrigation”; over irrigating one area to account for coverage deficiency in another area. All system malfunctions, damage, and obstructions shall be recorded and timely corrective action taken. In addition to specified routine irrigation system testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported; daily, if needed. Contractor shall correct deficient irrigation systems and equipment as necessary following notification from the City Representative. The Contractor shall turn off irrigation systems immediately or as directed the City Representative during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices. This is to include weekends and holidays when inclement weather is experienced or predicted. Contractor shall notify the City Representative immediately any time an irrigation system is shut down for any reason. The Contractor shall monitor, inspect and change or fill barrels for the fertilizer injection systems at the Jack Hammett Sports Complex and at Tewinkle Bark Park on a weekly basis or as directed by the City Representative, to ensure proper operation. The Contractor shall notify the City if the fertilizer injector needs to be serviced or repaired. Repairs will be coordinated by an authorized vendor at City expense. All fertilizer materials will be supplied by the City. 217

The Contractor shall have full responsibility to ensure watering requirements are met within each City site. Contractor’s staff shall be capable of performing repairs, installations and modifications of existing irrigation systems to adequately irrigate all landscaped areas. The Contractor shall ensure that sprinkler heads are in good operational order, filters are cleaned regularly, drip lines flushed and nozzles are replaced when worn or inadequate coverage occurs. Any minor changes such as riser extensions (vertically or horizontally) sprinkler head exchanges, and filter replacements shall be considered as included in the contract price and no additional compensation shall be allowed therefore. All electrically operated valves shall close completely at the conclusion of the station-watering program. As needed, valves shall be cleaned, repaired and/or replaced promptly to restore proper operation. As part of the base bid, valve boxes shall be kept clean of rocks, soil, debris, and silt to a depth of 2” below the bottom of the valve. The Contractor shall exercise all valves and quick couplers at each site on a monthly basis. • Materials: All replacement materials shall be in accordance with the City’s Irrigation Standards found in Attachment 3, unless a substitute is approved by the City Representative. Contactor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems. Contractor shall implement repairs in accordance with all warranties. Cost of materials invoiced to the City shall be no greater than the Contractor’s actual cost plus a 15% markup. 4. PESTICIDE USE SPECIFICATIONS The Public Services Department of the City of Costa Mesa solicits and encourages the use of effective alternative pest control measures. Contractor shall follow the City’s Integrated Pest Management Plan. The purpose of this integrated pest management (IPM) plan is to guide the use of environmentally sensitive pest management strategies and least harmful control methods in the City of Costa Mesa to enhance the health and safety of the general public; and to protect the environment. The Goals of the IPM Program for the City of Costa Mesa: 1. Protect human health and the surrounding environment by employing a range of preventative strategies and using least harmful products for pest control and eradication. 2. Inspect and monitor pest populations to enhance control strategies. 3. Minimize the quantity and toxicity of chemicals used for pest management. 4. Minimize environmental impacts by using species-specific pesticides and targeting application areas carefully. 5. Establish clear criteria for acceptable circumstances in which using a pesticide other than a least harmful pesticide is necessary; toxic pesticides shall only be used when there is a threat to public health and safety, or to prevent economic or environmental damage. City-wide Pest Management Guiding Principles for the City of Costa Mesa:
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1. Emphasize use of effective organic pesticides in and on all City properties whenever practical. 2. Limit exposure to any pesticides where children and the general public congregate. 3. Use EPA Level pesticides in a targeted manner, and only if deemed necessary to protect public health and economic impact by a licensed pest control adviser and City staff, when pests cannot be managed by other methods. All pesticide applications are to be made by a licensed pesticide applicator holding a QAL with the appropriate category for the application at hand. Said person or company is to be currently registered to conduct a pest control business in the State of California and the County of Orange. Pesticide applications are to be made in strict compliance with the product label directions, restrictions, and precautions as well as with any other requirements deemed necessary by any county, state or federal regulatory agency, or the Public Services Department of the City of Costa Mesa. Within thirty days of the award of contract, and/or prior to the actual start of work, Contractor shall supply to the City a list of all chemicals proposed to be used in the fulfillment of said contract. No “generic” chemicals shall be allowed for substitution purposes, unless approved by the City Representative. The most current specimen labels and Material Safety Data Sheets for all listed chemicals shall be supplied at this time and copies of both the P.C.A. recommendations and applicable Pest Control Advisor and Qualified Applicator Licenses or Qualified Applicator Certificates, shall be submitted, as well as documentation of Orange County registration. All above-mentioned items shall be resubmitted in January of each year the Contract is in effect. City shall be notified in writing of any changes or deviations from the above list. Application of deviated materials shall not be made prior to approval by the City. A five working day notice in writing shall be given to the City prior to any pesticide application. Notice shall include; name of chemical, area to be treated, rate of chemical, method of application, date and time of day application is to be performed City must give written consent prior to application of any Category I, or restricted use, pesticide. A. Required Reports: Contractor shall be responsible for the filing of all required records and reports, including but not limited to Notice of Intent to Apply, and Pesticide Use Reports, as specified by all county, state and federal agencies. Said reports shall contain accurate and valid information. Copies of all records and reports shall be submitted to the City and Agricultural Commissioner monthly, with the exception of the Notice of Intent 219

to apply, which shall be submitted prior to application of pesticide. Contractor shall record and maintain accurate records of all pesticide applications. Records to include date, time of day, location, type of chemical, quantity chemical, method of application, and environmental data. A copy of this report shall be submitted to the City by the tenth of each month. Site shall be monitored for pests on a continual basis. Upon discovery, a report shall be submitted to the City. This report shall include the site number, date, identification, extent, and location of pest problems, record of previous control measures, name of inspecting personnel, and proposed control measures if deemed necessary. The City shall be notified verbally within 48 hours and in writing within 5 working days of the discover of any new pest problems previously unreported and observed by the Contractor. B. Weed Control of Paved Surfaces: Contractor shall be responsible for controlling, by mechanical or chemical means, weeds growing in cracks, or expansion joints, within the work site and areas contiguous to the work site (sidewalks or other hardscape). Hardscape Areas: All designated hardscape shall be inspected and maintained weekly. The Contractor shall maintain all hardscape surfaces “weed and trash free”. Should weeds be discovered in excess of a height of 2” the control shall be immediate manual or mechanical removal of the weed. The removal of cigarette butts, sand, bubble-gum, dirt, trash, etc. shall occur for each hardscape during the weekly maintenance. 5. WEED AND PEST CONTROL IN LANDSCAPED AREAS Control of horticulturally damaging plant pests (insects, diseases, vertebrates, mites, etc.) shall be the responsibility of the Contractor. Contractor shall treat areas within the contract on an as needed basis with EPA registered pesticides to control insects, diseases and/or snails and slugs, as determined by the City and in accordance with the City’s IPM program. Written recommendations by a licensed California Agricultural Pest Control Adviser are required to be submitted to the City prior to any application of pesticides. “Control” shall mean the prevention or eradication of any pest to the satisfaction of the City. The City may determine an acceptable level of impact by a pest and adjust the pest control program of the Contractor accordingly. Proper cultural practices shall be a part of the Contractor’s pest control program. Failure to prevent, treat, or manage any pest infestation that results in loss of plant material or creates a risk to public health and safety may be remedied by the City at Contractor’s expense in the form of a reduction in payment. Posting of the site prior to pesticide applications will be required. Contractor shall supervise the site for the duration of any required re-entry interval or until product is dry, whichever is greater. Posting materials, locations and verbiage shall be approved in advance by City. A. Landscaped Areas (shrub and ground cover):
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Weed control: All landscaped areas shall be treated with an appropriate pre-emergent and post-emergent herbicides herbicide per the Pre-Emergent Schedule, Attachment 2. All areas within boundaries of site, which are not landscaped, shall be treated monthly to eliminate weeds. Rodent Control: Contractor shall monitor all contracted areas for rodent activity. The Contractor shall apply City approved rodenticides as needed to manage populations to a level acceptable to the City Representative. Contractor is required to provide written Pest Control Recommendations for each product applied within the City that has an E.P.A. registration number and per DPR Regulations. Contractor shall submit to the City and maintain a copy on-site during any pesticide application, a Material Safety Data Sheet (MSDS) for each product as required by Labor Code Sections 6832 and 6390, General Industrial Safety Order Section 5194 and Title 8, California Administrative Code. Applicators must follow all DPR requirements for posting, personal protective equipment, label information, service container marking, required on-site information, etc., when transporting, mixing/loading, applying or equipment cleaning. CONTRACTOR IS REQUIRED TO SUPPLY ALL PESTICIDES (INSECTICIDES, MITICIDES, RODENTICIDES, HERBICIDES, ETC.) AND FERTILIZERS NECESSARY TO MEET THE SPECIFICATIONS OF THIS CONTRACT. B. Shrub Maintenance: Pruning: All shrubs to be trimmed in a rounded natural shape and proportion, and shall be trimmed so as not to interfere with vehicular and pedestrian clearance, visibility and access, unless otherwise directed by the City Representative. Prune shrubs to encourage healthy growth habits, natural form and proportion, symmetrical appearance and proper vertical and horizontal clearance. Pruning shall be performed as frequently as necessary to maintain shrubs at a height determined by the City Representative, but not less than monthly during periods of active growth. Shearing: Only those plants specifically designated by the City Representative may be sheared. These plants may also require additional thinning to maintain a healthy look and condition. No square, decorative, ‘poodle cuts’, bonsai or other unnatural shapes shall be permitted. Fortnight lilies may not be cut with shears. Dead or dying leaves shall be removed individually with hand pruners. Shearing of plants not designated by the City Representative that results in substantial damage or unsightly results shall result in a penalty of $100 per occurrence and the replacement of the plant(s) with a 15 gallon-size plant of the same genus and species at the Contractor’s expense. 221

C. Ground Cover Maintenance: Trimming: All ground cover is to be trimmed so as not to interfere with irrigation operation or to encroach on to private property, hardscape or right-of-way. All dead, diseased and unsightly branches or other growth shall be removed as they develop. All ground cover areas shall be pruned to maintain neat edges. All ground cover is to be kept a minimum of 6" from, but not limited to, all trees, shrubs, walls and fences. Unless otherwise directed by City Representative. D. Fertilizer: Fertilize all ground cover and shrub beds per Fertilizer Schedule, see Attachment 2. Frequency of Maintenance: The Contractor shall maintain all shrub and groundcover areas per the above specifications, but not less than once each month. Planters are to be maintained in “weed free” condition at all times. This section does not authorize the Contractor to ignore any other required maintenance activity as stated in this specification. If there is a conflict in specifications, the higher level or more frequent maintenance requirement shall apply. E. Mulching: The contractor shall be responsible for the addition and maintenance of mulch to all planters and designated areas on a quarterly basis or as directed by the City Representative. This includes the loading, delivery and placement. City to provide mulch at the City Corporation Yard. F. Turf Maintenance: Mowing: The Contractor shall mow all turfgrass with properly sharpened and maintained equipment in a manner that ensures a smooth surface without ridges, depressions or scalping. Mowing patterns shall be alternated monthly. Frequency: Turfgrass shall be mowed one (1) time per week during the months of January through September. Turfgrass shall be mowed every other week during the months of October through December. Height: All warm season turfgrasses (except hybrid bermudagrass or seeded hybrid cultivars) shall be cut at 2" throughout the year. Hybrid Bermuda shall be cut at ¾” or as directed by City. All cool season turfgrasses shall be cut at 2" throughout the year. Turfgrass mowing heights may be adjusted by the City during turfgrass renovations, special events, or if deemed necessary to promote the health and vigor of the grass. In general, turf shall be mowed at a height of 2” where a specification is unclear or turf type is in question. Machine Type: Hybrid and seeded hybrid Bermudagrass cultivars shall be mowed with a reel type mower with a minimum of nine blades, unless otherwise approved by the City Representative. Warm/cool season turf blends may be mowed with rotary or reel type mowers. All Kikuyugrass shall be cut with rotary type mowers, unless otherwise 222

approved by City. All cool season turfgrasses shall be cut with rotary type mowers. The City encourages the use of mulching mowers whenever possible. Flail mowers may be used on larger turf areas with approval of the City. The use of rotary mowers with clipping collection systems are required for all City facilities (community centers, Civic Center, or other City buildings, medians, parkways or areas where mulching mowers leave an unacceptable amount of clippings behind. The Contractor shall schedule sharpening of reels, back lapping of reels and reel adjustments, on a quarterly basis at a minimum, or more frequently if needed to maintain a high-quality cut. Clippings: Grass clippings shall be efficiently mulched to leave no visible trace or picked up and removed. At no time shall unsightly clippings be left following mowing operation. Failure to remove excessive clippings on the same day shall result in the issuance of a Deficiency Notice and possible reduction in payment. Edging: All edges of turf shall be mechanically edged. Turfgrass edging and trimming shall be performed weekly at the time of mowing. All clippings shall be removed before vacating the site. All edging shall be done with a power edger equipped with a steel blade. In certain situations where a string trimmer may be more effective, the City may allow its use. Edging shall be vertical, with no severe angling of the edge or excessive trimming with a string trimmer. String Trimming: String trimming shall be performed on the same frequency as mowing. Mechanically trim growth using string trimmers around buildings, valve boxes, lamp fixtures, walls and signage, or other items located within turf areas. Extreme care shall be exercised with regard to use of string trimmers to prevent damage to improvements and/or plant material. The contractor shall be responsible for any and all damages caused by the use of string trimmers. String trimmers may not be used around trees. Where trees and shrubs occur in the turf areas, all grass shall be trimmed at a level equal to the mow height. Complete removal of grass may be allowed around the base of trees, but shall not exceed more than 18” from the trunk of the tree and away from the dripline of shrubs. Weeds: All turfgrass areas shall be kept free of weeds at all times. Weed removal shall consist of complete removal of all weeds including top growth and roots. G. Fertilizer: Fertilize all turf areas per fertilizer schedule in Attachment 2. Fertilizer: Fertilizer type and application requirements are listed in Fertilizer Schedule (Attachment 2). This is a minimum requirement. Turfgrass shall be fertilized as needed to maintain a healthy, vigorously growing condition with horticulturally acceptable growth and color, as determined by the City. The Contractor may be required to determine plant nutrient requirements by appropriate methods including soil and/or leaf analysis. The Contractor shall notify the City in writing five (5) working days prior to any fertilizer application. This notification shall include the following: • Location and date the fertilizer application shall be performed. 223

• Type of fertilizer along with the application rate and method of application to be used. The Contractor shall immediately irrigate after each fertilizer application, unless otherwise directed by City and not required by label. All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application. All fertilizer shall be removed from hardscape and other non-target areas immediately following application. Any damage or streaking of turf shall be repaired at no cost to City. No fertilizer may enter the street or any storm water system. H. Rodent Control: The Contractor shall monitor rodent activities and control populations in the most efficacious and humane way possible. The Contractor shall notify the Orange County Agricultural Commissioner’s Office and the City prior to any use of restricted materials. I. Turf Reseeding and Restoration of Bare Areas: Contractor shall overseed all damaged or bare areas of turf to re-establish turf to an acceptable quality on a continual basis. This task shall be performed at no additional cost to the City. Reseeded areas shall receive supplemental water by hand or portable sprinkler as needed to establish turf. Topdress, seed and application rate shall be as approved by the City. J. Renovation: The renovation of approximately 85 acres of turfgrass shall be performed 1 time per year. Median and sports turf shall be the primary areas of service unless otherwise specified by the City representative. Renovation shall be performed during the period between June and August. Turf renovation shall consist of aerification, vertical mowing (dethatching) and fertilization. Ruts, holes, low areas that do not drain, settling and any condition which may be hazardous shall be corrected as part of the renovation process. This task shall be performed at no additional cost to City. K. Tree Maintenance: Trees fifteen feet (15’) or less in height within areas included in this specification shall be maintained by the Contractor. All tree pruning shall be performed per ANSI 9000 standards. Trees shall be pruned once every three years, beginning with Year 1 of the contract, and as needed to address specific concerns. Regardless of pruning cycle; raise trees (remove low limbs) no higher than seven (7) feet above the ground to allow for necessary clearance of pedestrian and to twelve feet (12’) when adjacent to a roadway to allow for vehicular circulation. Broken limbs shall be removed by Contractor within 24 hours of notification. Limbs broken in the canopy of trees fifteen feet (15’) or less in height shall be removed by the Contractor the same day when notified by the City. The Contractor shall trim all trees as per the City’s trimming policy. The Contractor shall follow all W.A.T.C. H. requirements when working in the public right of way and when deemed appropriate by the City Representative. The Contractor, at times, will be contacted to remove trees/limbs/debris during inclement weather, before and after Contract hours and during normal work hours. All trimmings shall be returned and 224

disposed of in the ‘Green Waste bin’ located in the City yard. This work is not restricted to trees of fifteen feet (15’) or less. Under no circumstances will stripping of lower branches (raising up) of younger trees be permitted. When trimming is necessary, lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote caliper trunk growth (tapered trunk). Lower branches may be removed only after the tree is able to stand erect without staking or other support. All sucker growth at bases of trees or growing from trunk(s) shall be continuously removed as a part of routine maintenance, not only at the time of tree pruning. Remove suckers and/or water sprouts cleanly using the appropriate tool with a sharp blade. The Contractor shall be responsible for the removal of dead trees with a diameter at standard height (DSH) of 0’ to 6’ within the maintenance areas. The City’s Representative shall be notified of any potential dead trees. The City’s Representative shall approve the removal of any tree prior to removal. The Contractor shall be responsible for the replanting of trees within the City. Trees will be 15-gallon or 24” box container size. The Contractor shall be responsible for the protection of any existing irrigation. The Contractor will immediately repair any damage to existing irrigation using materials as proscribed in the City’s Irrigation Standards. Trees shall be double or triple staked depending upon the location of the planting. The Contractor shall be responsible for irrigating the trees for four (4) months following the planting of the tree. The City shall provide the tree(s), stakes, ties and nails. Tree stakes, ties, and arbor guards shall be checked at least monthly and corrected as needed. Ties shall be adjusted to prevent girdling. Remove stakes, ties, and arbor guards as soon as they are no longer needed. Replace broken stakes as required. On an as-needed basis, but not less than bi-weekly from May through September, the contractor shall provide supplemental water to newly planted trees within the City that are not on an irrigation system. SECTION 3 – SPECIAL PROVISIONS PARKS, SPORTSFIELDS, LAKES, AND RECREATIONAL FACILITY MAINTENANCE PARK MAINTENANCE All landscape specifications and special provision in above sections shall apply to the maintenance of City parks. Contractor shall perform specified park maintenance activities to thirty (30) parks, to provide a safe and well maintained site for all who visit Costa Mesa Parks according to the specification and frequencies stated in the following sections. 225

Unlock entry gates at Canyon Park, Wakeham Park and Fairview Park by 7:00 a.m. daily. Unlock gates to Jack Hammett Sports Complex, TeWinkle Athletic Complex, Bark Park and Skate Park on a schedule as directed by City Representative. Clean, inspect and unlock all park restrooms by 8:00 a.m. daily. Inspect restrooms thoroughly to insure all restroom fixtures and drains are functioning properly. Inspect daily, all playground equipment, playground surfacing, tot lot sand, shelters, picnic tables, sports courts and walkways to identify any unsafe condition. Report any damage or vandalism or necessary repairs immediately to the appropriate staff person. Secure area with caution tape and install proper signage to warn public of damaged park amenities or dangerous conditions. Remove daily; sand, glass, debris, or other obstructions from walkways, shelters, playground equipment areas (tot-lots & exercise equipment) and turf. Remove and dispose of daily, trash receptacle liner from all trash receptacles; pick up litter around trash cans. Replace liner for each trash receptacle throughout the parks system and evaluate each trash can for replacement purposes and relocation of the trash can within the same area to reduce the damage to the turf underneath each trash can. Prior to the on-set of inclement weather, Contractor shall keep drainage channels and inlet grates within all contract areas clean and free of any debris that might block natural flow of water. During inclement weather the Contractor shall place sand bags in areas that erosion is or may occur, at the direction of the City Representative. Playground Inspections: The Contractor shall inspect and certify all playground areas in City parks annually, utilizing a certified National Playground Safety Inspector (NPSI) and shall maintain accurate and current documents and records for the duration of the contract. Specified park maintenance activities to be performed at the frequency stated below: Daily Tasks (Includes Weekends and Holidays): • Turf: inspection, debris and trash removal. • Planters: inspection, debris and trash removal. • Graffiti: inspection and reporting. • Litter Removal: pick up and remove litter. • Trash Receptacle Service: check daily; remove and replace can liner and remove all trash in proximity to can; clean trash can as needed. 226

• Shelters: inspect and remove any stickers, tape or staples. Repair when materials become damaged or unsafe to the public. • Permit Holders: daily inspection; contact City Representative to report damage • Barbeque Grills: daily inspection; clean as needed; contact City Representative when damaged or unsafe. • Hot Coal Containers: inspect daily and clean as needed. • Homeless Encampments: remove and dispose of trash and debris; contact City Representative. • Playground Equipment: visual inspection daily; report graffiti; contact City Representative when damaged or unsafe. • Exercise Equipment: inspection, contact City Representative when damaged or unsafe. Tanager and Wimbledon Parks – See Scope of Work – ‘Miscellaneous Facility Maintenance - Special Provisions’. • Playground Surfacing: inspection, report graffiti; contact City Representative. • Playground Sand or Wood Chips: inspection and remove trash and debris. • Monument Signs: inspection, report graffiti. • Drinking Fountains: inspection, report graffiti, clear drains, repair when damaged or unsafe. • Restrooms: open and close at specified times; inspection, reporting graffiti, clean fixtures, stock supplies remove trash. • Restroom Fixtures: inspection; contact City Representative when damaged or unsafe. • Restroom Doors/Gates: inspection, contact City Representative when damaged or unsafe. • Restroom lights: inspection, contact City Representative when damaged or unsafe to the public. • Concrete Walkways & Surfaces: inspection, blow off if needed for safety. • Drainage Grates: inspection, contact City Representative when damaged or unsafe. • Kiosks: inspection, contact City Representative when damaged or unsafe. • Entry Gates/Locks: inspection, contact City Representative when damaged or unsafe. Weekly Tasks: • Bollards: repair or replace when damaged or unsafe, City will provide bollards. 227

• Basketball Backboards, Rims and Nets: inspection, contact City Representative when damaged or unsafe. • Flags: inspect, contact City Representative when they become faded or damaged. • Holes in ground: fill in with top soil and tamp down at all parks. • Light Poles: inspect bulbs, lens covers, ballasts, photo cells or fixtures. Contractor to notify the City Representative when damaged or unsafe. Repairs by City. • ‘Mutt Mitt’ Dog Waste Bag Dispensers: re-stock, repair or replace when damaged or unsafe – labor included, City will provide dispensers and ‘Mutt Mitts’. • Park Benches: inspection, contact City Representative when damaged or unsafe. • Pedestrian Wooden Bridges: safety inspection, City will coordinate repairs as needed. • Picnic Tables: inspection, replace when damaged or unsafe. City will provide tables. • Signs and Sign Posts: inspection, contact City Representative when they become damaged or unreadable due to fading. • Trash Receptacles: repair or replace when damaged or unsafe, City will provide trash cans. • Tewinkle Skate Park: inspect, remove stickers as needed. Report graffiti, cracked concrete, broken fence or other safety issues to the City Representative. • Concrete Walkways & Surfaces: blow off. • Volleyball Nets: inspection, contact City Representative when damaged or unsafe. • Tewinkle Lakes: Sweep and clear all waterfowl feces from the walking paths surrounding the Tewinkle Lake System and adjacent paths. Monthly Tasks: • Sports Lighting – tests and repairs by City. • Metal Grates in Parks: Inspect replace when damaged or unsafe, City will provide grates. • Roto-till, rake, add material to fill low spots, redistribute evenly all playground sand and/or wood chips as needed. The City shall supply the material. The Contractor shall be responsible for the loading and transportation of the material from the City Yard to the site. • Inspect Fences: minor repairs as needed; major repairs by City. 228

• Trash Can Enclosures: remove litter and broom clean interiors. Annual Tasks: • Playground Sand (placement only) for all playground areas. • Playground Wood Chips (placement only) for all playground areas. • The City shall supply all the material. The Contractor shall be responsible for the loading and transportation of the material from the City Yard to the site. A Front End Loader may be stored at the City Yard for that purpose. SOFTBALL AND BASEBALL FIELD MAINTENANCE Daily Tasks (Includes Weekends and Holidays as Scheduled): • Contractor shall complete the reoccurring tasks below daily, except when fields are closed due to inclement weather, or otherwise as directed by the City Representative. • All necessary drag vehicles, equipment (screen drag, rakes, hoses, quick coupler, nozzles, etc.), shall be provided by the Contractor. The City will provide batter’s box templates, bases, pitching rubber, chalk, field lining paint, equipment to apply chalk and paint, drying agent, brick dust and mound mix. • Review scheduled events and determine proper distance of bases for each activity. • Inspect all fields and adjacent areas for safety concerns. • Remove any item that may potentially be a safety concern; i.e. broken glass, debris, rocks, etc. • Report any damage, vandalism or necessary repairs immediately to the City Representative. • City Representative will provide a weekly schedule for field preparation. Contractor shall prepare only those fields that are to be used each day, and be completely finished with all specified tasks, 1 hour prior to the start of the program. Fields will only be prepared by the Contractor once each day, unless otherwise required by City Representative. Additional field preparation shall be an Extra Charge. • Hand rake loose material into worn or low areas and smooth (batter’s box, base paths, etc.) 229

• Utilizing in-ground irrigation heads; water infields sufficiently to obtain proper moisture levels for dragging and to prevent the infield mix from getting too dry. • Screen drag each skinned infield and warning track areas utilizing a utility cart, field groomer or other similar light duty maintenance vehicle. • Dragging should be performed in figure eight patterns from base to base on softball fields initially, then followed with a circular pattern of increasing radius until the field has been completely groomed. Dragging should only be completed to a distance of 18” from adjacent turf. At the conclusion of dragging, no material shall be pulled into turf; but should be removed with a rake and scoop and disposed of. • For baseball fields, dragging shall be performed carefully on base paths to insure no infield mix is moved into the turf. Home plate area shall be groomed manually with rakes. Larger area of infield mix on the baseball field shall be dragged in circular motions and upon completion, all dragged material removed as per above. Base lines and turf edges shall be brushed or washed periodically to remove any accumulated brick dust from turf. Monthly minimum frequency. • Retrieve bases from storage container. Install bases for appropriate distance for each event. • Apply chalk lines on all skinned infields in a clean, straight, uniform, professional, manner utilizing a guide line anchored at each of the two bases between which the line is to be formed. • Apply batter’s box outlines utilizing forms provided by City. • Paint foul lines on all turf outfields utilizing appropriate paint materials manufactured for that purpose. • Lines shall be straight, uniform and of a professional appearance. Paint/chalk provided by City and equipment City provided. • Lock field gates when preparation is complete. Monthly • Scarify all skinned areas with City-approved scarifier manufactured for that purpose. Other Intervals • Bases/Base Pegs repair or replace when damaged or unsafe • Pitching Rubbers: repair or replace when damaged or unsafe. 230

• Laser Leveling/Grading: annually for each field. Labor assistance only. City to provide specialty service. • Addition of Infield Mix: annually or as needed. Ballfield Perimeter Maintenance Ballfield perimeter maintenance shall be performed daily. Ballfield perimeter maintenance shall be defined as all areas outside the field of play and sideline/dugout areas where coaches, players and others associated with the game gather. Ballfield perimeter maintenance areas shall include but are not limited to bleacher, areas around concession stands, fence lines, warm-up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas/hosing down areas using a high pressure nozzle to remove brick dust, stains and/or all other foreign material, such as sunflower seeds, peanut shells, or other food items, so that all areas, including pavement and landscape areas, are clean. Daily Outfield Maintenance Contractor shall conduct a visual check of irrigation to insure that irrigation heads are retracted and are at the proper grade to avoid injury to players who may fall on them and that no “slippery” areas exist. Fill in divots, depressions and all uneven areas with # 20 white silica sand, organic compost mixed with Stover Seed Company “Princess 77” hybrid Bermuda grass seed or other hybrid Bermuda grass seed approved by the City’s Representative at the TeWinkle Sports Complex and “La Prima” Bermuda grass seed or other hybrid Bermuda grass seed approved by the City’s Representative at The Jack Hammett Sports Complex during the spring/summer and Stover Seed Company “Pro Sportsfields Saline” or other seed approved by the City’s Representative for all other sports turf during the fall/winter to re-establish damaged turf areas. Level the grade of infield mix along fence line areas. Weekly Maintenance Contractor shall mechanically edge the turf along fence lines and warning tracks to achieve a consistent, straight line and a smooth arc where the infield mix abuts the turf. Level and drag warning track areas using nail drag followed by finishing drag mats. Contractor shall apply new brick dust to fence lines and warning tracks as necessary to maintain consistent ½” layer of brick dust in these areas. Inclement Weather Following inclement weather, the Contractor shall work diligently to make fields playable and be reopened for play, soon as possible. The Contractor shall use City provided ‘Diamond Dry’ or an approved equal as directed by the City Representative to address small wet areas in the field of play. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain standing water off the field following inclement weather, to speed drying. 231

Note: The Contractor will be allowed to store materials and equipment directly related to the maintenance of the ballfields within the maintenance compound at TeWinkle Park. SPORTS TURF MAINTENANCE The Contractor shall be responsible for removal of all litter and debris prior to mowing of any and all turf areas. All debris or litter caused by or worsened by the mowing operation shall be removed prior to the crew leaving the site. Failure to do so shall result in the issuing of a Deficiency Notice and a deduction from the monthly payment the cost to clean up the debris. The Contractor shall conduct soil sampling and provide analysis on an annual basis at all City Sports Fields: Davis Field (at Lions Park), Balearic Fields (at Balearic Community Center), Fairview Development Center Fields, Jack Hammett Sports Complex, Tewinkle Athletic Complex. The tests shall be conducted using Simplot Partners or other City approved testing facility and the actual results shall be provided to the City’s Representative along with recommendations. Mowing Equipment: All sports fields, except the Jack Hammett Sports Complex and the TeWinkle Athletic Complex, shall be mowed with a rotary or flail-type mower. The fields #1, #2, #5 and #6 at the Jack Hammett Sports Complex and all of the Tewinkle Athletic Complex shall be mowed with a reel-type mower that is to be dedicated to those sites. Fields #3 and #4 at the Jack Hammett Sports Complex shall be mowed with a separate dedicated reel-type mower. Maintenance staff for the Los Angeles Chargers shall have access to the dedicated mower during their annual training camp held at the site. All reel-type mowers shall be equipped with minimum nine (9) bladed reels and variable hydrostatic controls, except for the commercial walk behind reel-type mowers used for edge mowing. The infield and wing areas at the Tewinkle Athletic Complex shall be mowed with a walk behind reel-type mower. All mowers shall be sharp and adjusted properly to provide a clean, even cut at the specified height. All mowers must be thoroughly cleaned prior to arrival on the site. This is to prevent transportation and introduction of noxious weeds into the sports turf. The contractor shall schedule sharpening of reels, back lapping of reels and reel adjustments, on a quarterly basis. Height of Cut: The City shall determine the height of cut for the particular type of turf, time of season and the amount of use the facility receives. Typically, the height of cut for hybrid Bermuda grass shall be ½ to ¾ inch or as specified by the City representative. Typically, the height of cut for all other sports turf shall be 1.5 inches. The approved cutting height shall not be changed without authorization of the City Inspector or representative. 232

This specification shall take precedence for sports turf mowing where a conflict may be found with another section. Mowing Pattern and Speed: The Contractor shall change the direction and pattern of mowing each time the facility is mowed. The Contractor shall monthly provide a copy to the City, a calendar with alternate mow patterns, for each mowing. At no time shall the Contractor use the same pattern in consecutive mowing. Ground speed shall be maintained at a level sufficiently slow to prevent Marcelling Effect. Mowing Frequencies Unless otherwise specified or directed by the City Representative, mowing frequencies shall be as listed below: The Jack Hammett Sports Complex and TeWinkle Athletic Complex: • 2x/month December thru February • 2x/week March thru September – Tewinkle Athletic Complex • 3x/week March thru September – Jack Hammett Sports Complex • 1x/week October thru November All Other Sports Fields Turf Areas: • 1x/week January through September • 2x/month October through December Disposal of Clippings Clippings shall be collected and removed at the end of each mowing. No excess clippings shall be left to accumulate on top of any turf areas. Failure to remove excessive clippings on the same day shall result in the issuance of a Deficiency Notice and possible reduction in payment. Mulching mowers may be used upon prior approval by the City Representative. Edging Edging shall be performed at the same frequency as the mowing operations, with a power edger equipped with a steel blade. All hardscape edges adjacent to turfgrass shall be edged with a power edger as described above. The City may grant permission to use a string trimmer in certain situations where it may be deemed appropriate. The contractor shall remove all clippings and clean all hard surface areas prior to leaving the facility. Blowing debris into shrub or planter areas is permitted. No debris may be blown back on to the freshly mowed turf, into the roadway or any drainage structure that is part of or drains to the City’s storm water collection system. 233

String Trimming String trimming shall be performed at the same frequency as the mowing operations. Mechanically trim turf growth using string trimmers around buildings, valve boxes, lamp fixtures, walls and signage. Extreme care shall be exercised with regard to use of string trimmers to prevent damage to improvements and/or plant material. The contractor shall be responsible for any and all damages caused by the use of string trimmers. String trimmers may not be used around trees. Where trees and shrubs occur in the turf areas, all grass shall be trimmed at a level equal to the mow height, if complete removal of grass is allowed it shall not exceed more than 18” from trunks of the trees and away from the dripline of shrubs. String trimming should not result in the turf being removed to the soil. If such damage occurs, the Contractor shall be responsible for re-seeding, topdressing and manually watering those areas until turf is re-established at no additional cost to the City. Rodent Control Same requirements as general landscape areas. JACK HAMMETT SPORTS COMPLEX – SPECIAL PROVISIONS Annual Turf Renovation The Contractor shall be responsible for the renovation of the turf at the Jack Hammett Sports Complex once each year on an annual basis. Tasks to occur during scheduled Renovation Closure Times. Closure times to be determined by the City’s Representative. The Contractor shall be responsible for the following tasks: • Changing of all locks at the facility – locks to be provided by the City. • Removal of all trash cans and soccer goals - from the playing surface. Soccer goals and trash cans shall be removed from the field and secured in an on-site location to be determined by the City’s Representative. • Rope off all open access points to the sports fields using yellow rope and orange flagging tape. • Dethatch – Approximately 14.7 acres of turf in and around the Complex. • Deep Tine Aerate - approximately ten (10) acres of playing surface one (1) time per year using equipment and methodology approved by the City’s Representative. The schedule will coincide with the Rest and Renovation Schedule to be provided by the City’s Representative and will include: o Pre and post irrigation inspections o Painting/marking of all irrigation components prior to service • Top Dress - approximately ten (10) acres of playing service with an 80/20 sand/organic mix that must be approved by the City’s Representative. 234

• Re-Sod - up to 12,000 square feet (areas to be determined by the City’s Representative). Including: o Turf removal o Soil preparation/leveling/grading o The purchase of up to 12,000 square feet of hybrid Bermuda sod. The sod must be approved by the City’s Representative. o Installation of up to 12,000 square feet of sod. o The scheduling of irrigation and hand watering to ensure establishment of newly sodded areas. • Overseed – up to 12,000 square feet (areas to be determined by the City’s Representative). Including: o Soil preparation/leveling/grading o The purchase of hybrid Bermuda seed and top dressing material to cover up to 12,000 square feet. The seed and top dressing material must be pre-approved by the City’s Representative. o Application of Bermuda seed and additional top dressing material. o The scheduling of irrigation and hand watering to ensure establishment of newly seeded areas during the duration of the Renovation Closure and until the new seed has been established. TEWINKLE ATHLETIC COMPLEX – SPECIAL PROVISIONS Annual Turf Renovation The Contractor shall be responsible for the renovation of the turf at the Tewinkle Athletic Complex on an annual basis. Tasks to occur during scheduled Renovation Closure Times. Closure times to be determined by the City’s Representative. The Contractor shall be responsible for the following tasks: • Changing of all locks at the facility – locks to be provided by the City. • Dethatch – approximately five (5) acres of turf in and around the Complex. • Deep Tine Aerate - approximately five (5) acres of playing surface two (2) times per year using equipment and methodology approved by the City’s Representative. The schedule will coincide with the Rest and Renovation Schedule to be provided by the City’s Representative and will include: o Pre and post irrigation inspections o Painting/marking of all irrigation components prior to service • Top Dress - approximately five (5) acres of playing surface with an 80/20 sand/organic mix that must be approved by the City’s Representative. 235

• Re-sod - up to 4,000 square feet around infield, base paths, and foul lines (areas to be determined by the City’s Representative). Including: o Old turf removal o Soil preparation/leveling/grading o The purchase of up to 4,000 square feet of hybrid Bermuda sod. The sod must be approved by the City’s Representative. o Installation of up to 4,000 square feet of sod. o The scheduling of irrigation and hand watering to ensure establishment of newly sodded areas. • Over Seed - approximately 2,000 square feet (areas to be determined by the City’s Representative). Including: o Soil preparation/leveling/grading o The purchase of hybrid Bermuda seed and top dressing material to cover up to 2,000 square feet. The seed and top dressing material must be pre-approved by the City’s Representative. o Application of Bermuda seed and additional top dressing material. o The scheduling of irrigation and hand watering to ensure establishment of newly seeded areas. DAVIS FIELD, FAIRVIEW DEVELOPMENT CENTER FIELDS AND BALEARIC SOCCER FIELDS SPECIAL PROVISIONS Annual Turf Renovation The Contractor shall be responsible for the renovation of the turf at Davis Field, Fairview Development Center Fields and the Balearic Soccer Fields on an annual basis. Tasks to occur during scheduled Renovation Closure Times. Closure times to be determined by the City’s Representative. The Contractor shall be responsible for the following tasks: • Changing of all locks at the facilities – locks to be provided by the City. • Removal of all trash cans and soccer goals from the playing surface. Soccer goals and trash cans will be removed from the field and secured in an on-site location to be determined by the City’s Representative. • Dethatch – Approximately sixteen and one-half (16.5) acres of turf. • Deep Tine Aerate - approximately sixteen and one-half (16.5) acres of turf one (1) time per year. Schedule will coincide with the Rest and Renovation Schedule to be provided by the City’s Representative and will include: o Pre and post irrigation inspections 236

o Painting/marking of all irrigation components prior to service • Top Dress - approximately sixteen and one-half (16.5) acres of playing surface with an 80/20 sand/organic mix that must be approved by the City’s Representative. • Over Seed - approximately 10,000 square feet (areas to be determined by the City’s Representative). Including: o Soil preparation/leveling/grading o The purchase of hybrid Bermuda seed, perennial rye seed, annual rye seed and top dressing material to cover up to 10,000 square feet. The seed and topdressing material must be pre-approved by the City’s Representative. o Application of seed and additional topdressing material. o The scheduling of irrigation and hand watering to ensure establishment of newly seeded areas. FAIRVIEW PARK TURF – SPECIAL PROVISIONS The Contractor shall conduct soil sampling and provide analysis on an annual basis. The tests shall be conducted using Simplot Partners or a City-approved methodology and testing facility and the actual results shall be provided to the City’s Representative along with recommendations. Annual Turf Renovation The Contractor shall be responsible for the renovation of the turf at Fairview Park on an annual basis. Annual Turf Renovation Tasks to occur following special events. Dates to be determined by the City’s Representative. The Contractor shall be responsible for the following tasks: • Dethatch – Up to eleven and one half (11.5) acres of turf. • Deep Tine Aerate - Up to eleven and one half (11.5) acres of turf one (1) time per year. Schedule to be provided by the City’s Representative and will include: o Pre and post irrigation inspections o Painting/marking of all irrigation components prior to service • Topdress - Up to eleven and a half (11.5) acres of turf with an 80/20 sand/organic mix that must be approved by the City’s Representative. 237

• Over Seed - approximately 5,000 square feet (areas to be determined by the City’s Representative). Including: o Soil preparation/leveling/grading o The purchase of improved common Bermuda seed, perennial rye seed, annual rye seed and top dressing material to cover up to 5,000 square feet. The seed and top dressing material must be pre-approved by the City’s Representative. o Application of seed and additional top dressing material. o The scheduling of irrigation and hand watering to ensure establishment of newly seeded areas. GATE AND RESTROOM UNLOCKING - SPECIAL PROVISIONS Pedestrian and vehicle gates accessing the following parks shall be opened daily by the time specified, unless otherwise directed by the City Representative: • Canyon Park: 8:00 a.m. • Fairview Park: 7:00 a.m. • Wakeham Park: 8:00 a.m. • Jack Hammett Sports Complex (by Recreation Staff) • TeWinkle Athletic Complex (gates by Recreation and restrooms by Brightview Staff) • Bark Park Pedestrian gates (4): 7:30 a.m. (closed Wednesdays) • Skate Park Pedestrian gates 7:30 am daily, 11 am on Tuesdays • All park restrooms shall be opened by 8:00 a.m. Restrooms to be unlocked daily at the following locations:

• Del Mesa Park • Estancia Park • Fairview Park • Heller Park • Lions Park Main restroom • Lions Park at Davis Field (by Recreation staff) • Shiffer Park • Smallwood Park • TeWinkle Park, Four (4) restroom buildings (Restroom #2 to be opened on weekends only) • The Jack Hammett Sports Complex (by Recreation staff) • Vista Park • Wakeham Park • Wilson Park 238

MISCELLANEOUS FACILITIES MAINTENANCE – SPECIAL PROVISIONS City Hall – Scope of Work Daily Tasks (Monday thru Friday only): • Pick up and remove litter • Blow or sweep all walkways surrounding the building to remove debris, leaves and trash. • Check communication status from irrigation controllers (3) to Rainbird Centralized System • Shut off isolation valves and backflow devices as needed for Special Events Weekly Tasks: • Remove sucker growth and water sprouts from all trees • Water plants and trees in distress by hand • Remove leaves and debris from glass pond and hand tamp to even out surface • Adjust all irrigation programs as needed on the centralized computer and the onsite battery operated controllers (2) Monthly Tasks: • Inspect and maintain juvenile trees: inspect tree stakes, ties, arbor guards, raise, remove dead wood, aerate, fertilize and water as needed • Trim shrubs, plants and ground cover in Demonstration Gardens around building • Full irrigation system inspection • Adjust, repair or replace irrigation sprinkler heads and nozzles • Remove all weeds from planters, walkways and hardscapes Quarterly: • Fertilize Demonstration Gardens • Manage the canopy on the Yellow Bells trees on the East side of Council Chambers and the Orchid trees on the Southwest corner of City Hall below the overhead ceiling. 239

Yearly: The Contractor shall be responsible for the renovation of the turf at City Hall one time, on an annual basis. Annual Turf Renovation Tasks to occur following special events. Date to be determined by the City’s Representative. The Contractor shall be responsible for the following tasks: • Scalp cut and remove clippings for approximately 21,750 sq. ft. (1/2 acre) of turf. Include haul away of any clippings and debris to the City Yard. • Aerate in two (2) directions approximately 21,750 sq. ft. (1/2 acre) of turf using a City approved aerator, with ½” hollow tines. Contractor shall mark all irrigation components and other potential hazards prior to the aeration. • Overseed approximately 21,750 square feet (1/2 acre) Including: o Soil preparation/leveling/grading o The purchase of hybrid Bermuda seed, perennial rye seed, annual rye seed and top dressing material to cover up to 21,750 square feet. (1/2 acre) The seed and top dressing material must be pre-approved by the City’s Representative. o Application of seed and additional top dressing material. o The scheduling of irrigation and hand watering to ensure establishment of newly seeded areas. o Top dress up to 21,750 sq. ft. (1/2 acre) of turf with an 80/20 mix (80% sand and 20% organic material). Labor and material. Material is to be approved by the City’s Representative. TeWinkle Skate Park Special Provisions Daily (Includes weekends and Holidays): The tasks below are to be performed inside the perimeter fence of the Skate Park: Unlock facility for use by public by: 7:30 a.m. daily, except Tuesday – open at 11:00 a.m. Prior to opening: • Pick-up and dispose of litter • Blow clean, the entire facility, with leaf blower. • Remove any remaining debris and dispose of. • Check landscape conditions; report any problems to City Representative • Empty trash cans. • Inspect facility for standing water, glass or other debris. • Inspect for Graffiti; report any discovered to City Representative. • Inspect for Stickers, remove; report any discovered to City Representative. 240

• Inspect for concrete damage; report any discovered to City Representative. • Inspect fence for any damage or safety concerns; report problems to City Representative. • Skate surface shall be maintained free of dirt, weeds, debris, etc. on a daily basis. • Complete City provided inspection log. If water is observed in the skate area; Contractor shall remove the water prior to opening to the public. If the quantity or area of water is too large to effectively mitigate; Contractor shall notify the City Representative immediately for direction and should not open the facility to the public until authorized to do so. Report any problems or deficiencies to the City Representative. Monthly: • On the first Tuesday of each month Contractor shall high pressure wash all concrete surfaces inside the fence. • On the first Tuesday of each month Contractor shall high pressure wash all concrete surfaces around the immediate exterior fence; including the perimeter sidewalks and bleachers to remove dirt, gum, food stains. • Contractor shall insure the entire park is dry and safe prior to opening. AT&T CABINET SITES – SPECIAL PROVISIONS • Contractor shall water all plants, at non-irrigated sites – weekly April through October • Contractor shall water all plants, at non-irrigated sites – monthly November through March • Contractor shall trim all plants bi-monthly or as needed to maintain clear of sidewalks and no taller than six inches (6”) above the cabinets they are screening • Contractor shall replace dead plants (as needed). • Contractor shall remove all weeds mechanically or chemically (as needed). • Contractor shall fertilize plants – every three (3) months with the appropriate fertilizer. • Contractor shall perform rodent control (as needed). • Contractor shall replenish mulch at all sites (as needed). • Contractor shall replace damaged weed control fabric (as needed). • Contractor shall report any damage or issues on a weekly basis. • Contractor shall be responsible for reporting graffiti to the City Representative • Contractor shall be responsible for weeding, fertilization, plant removal and installation, mulch installation and graffiti reporting at sixty (60) AT&T Cabinet Sites. 241

Note: Replacement plants shall be Ligustrum japonicum - fifteen (15) gallon container size Special Events Support The Contractor shall provide labor for special events within the City on an as-needed basis. The amount and skill level is dependent upon the needs of the events. It is estimated that there may be up to fifteen (15) special events requiring approximately 200 man-hours of labor. Contractor shall provide an hourly rate and bid amount based on 200 man-hours. PLAYGROUND MAINTENANCE– SPECIAL PROVISIONS The Contractor shall inspect each piece of play and/or exercise equipment in all City parks where applicable (twenty-six locations), annually for compliance with International Playground Equipment Manufacturers Association (IPEMA) and Consumer Product Safety Commission (CPSC) guidelines. Inspections and documentation shall be completed by a National Recreation and Parks Association (NRPA) Certified Playground Inspector. Documentation of required inspection for each piece of playground and exercise equipment shall be furnished to the City Representative by February 1st of each year. Necessary repairs, upgrades or required alterations to playground equipment shall comply with the regulations mandated by state law and shall be compensated by the City at the hourly labor rate provided in the Attachment B, Cost Proposal, Detailed Pricing Sheet Extra Work, with all parts to be invoiced to the City at Contractor’s cost plus an additional 15% mark up. Below is a list of all playground structures located in the City’s Parks: 1. Balearic Center – 2 playground structures. 2. Brentwood Park – 1 playground structure. 3. Canyon Park – 1 playground structure. 4. Del Mesa Park – 1 playground structure. 5. Gisler Park – 1 playground structure. 6. Harper Park – 1 playground structure. 7. Heller Park – 1 playground structure.. 8. Jordan Park – 1 playground structure 9. Ketchum-Libolt Park – 1 playground structure. 10. Lindbergh Park – 1 playground structure. 11. Lions Park –2 playground structure. 242

12. Marina View Park – 1 playground structure. 13. Mesa Verde Park – 1 playground structure. 14. Moon Park – 1 playground structure. 15. Perez Park – 1 playground structure. 16. Pinkley Park – 1 playground structure. 17. Shalimar Park – 1 playground structure. 18. Shiffer Park – 2 playground structures. 19. Smallwood Park – 1 playground structure. 20. Tanager Park – 1 playground structure. 21. TeWinkle Park – 1 playground structure. 22. Vista Park – 1 playground structure. 23. Wakeham Park – 1 playground structure. 24. Wimbledon Park – 1 playground structure. 25. Wimbledon Park – 9 exercise equipment. 26. Wilson Park – 1 playground structure. Exercise Equipment – Scope of Work for Tanager and Wimbledon Parks Daily Tasks (Includes weekends and Holidays): • Inspect for visible cracks, bending, warping, rusting, sharp edges, loose nuts or bolts or any other visible safety hazard of equipment component or hardware and report to City Representative. • Broken equipment shall be taken out of service immediately, post signs and secure using caution tape, barricades or delineators and report to City Representative. • Remove trash or broken glass, tripping hazards such as roots, rocks or holes • Report graffiti to City Representative. Weekly Tasks: • Inspect for exposed ends on exercise and play equipment with missing caps or covers • Inspect for and repair visible concrete footings around equipment that may be cracked or loose in the ground • Inspect tread on steps, worn or loose seats 243

Monthly Tasks: • Inspect and recommend replacement of any worn or deficient equipment and hardware SPORT COURT MAINTENANCE – SPECIAL PROVISIONS Contractor shall clean all sport courts (concrete courts with or without coatings and/or painted lines) located in City parks. Surface shall be cleaned of debris (blown with leaf blower) daily, Monday through Friday only. Courts and fence lines shall be maintained free of dirt, weeds, debris, etc. Below is a list of all sports courts located in City parks: 1. Balearic Center Basketball courts – Asphalt 2. Del Mesa Park Basketball court – Surfaced 3. Del Mesa Park Volleyball court – Sand 4. Gisler Park Volleyball court – Sand 5. Shiffer Park Basketball court – Surfaced 6. Shiffer Park Handball court – Surfaced 7. Tanager Park Basketball courts – Surfaced (2) 8. Tanager Park Volleyball court – Sand 9. Tanager Park Volleyball court – Surfaced 10. Wakeham Park Basketball court – Surfaced 11. Wimbledon Park Basketball court – Surfaced 244

OPEN SPACE VEGETATION MANAGEMENT– SPECIAL PROVISIONS Contractor shall provide open space vegetation mowing on scheduled and on an as-needed basis. A flail type cutting unit or a rotary brush cutting unit may be utilized. Cutting height shall be no greater than six inches (6”) unless otherwise directed by City Representative. Pricing shall be included in the Extra Work Bid Pricing in Attachment ‘B’. Scheduled Flail Mowing: The Contractor shall be responsible for the mowing of approximately seventy (70) acres of open areas per the locations listed below. This work shall be performed twice per year. Scheduling shall be determined by the City’s Representative. • Fairview Park – mow all open areas north of the Train Station on east side and north of the channel on West side. Approximately fifty (50) acres. • Canyon Park – mow all open meadow areas. Approximately twenty (20) acres. MEDIANS 1. All specifications previously listed for Shrub, Groundcover and General Turf Maintenance shall apply to Median Service Areas. In addition to landscape and turf maintenance the Contractor is responsible for the maintenance of all hard surface areas such as curbs, gutters, concrete safety strips, sidewalks and patterned concrete surfaces, which are part of the median. 2. All hard surface areas on all medians shall be inspected weekly and maintained in a neat, clean, and safe condition at all times. The hard surface areas shall be kept “weed free” at all times. 3. All hard surface areas shall be cleaned monthly to remove all deposits of litter, silt, sand, dirt, weeds, grass or other debris. The use of vacuums is required for the monthly service on all hardscape areas on the medians. All materials shall be removed from the site and be properly disposed of by the Contractor. 4. Plant material shall not be allowed to obstruct any site line of vehicular traffic, and shall be kept below thirty-six (36”) in height as measured from the road surface in any area where traffic site lines may be impacted. City Representative may provide direction as requested for proper maintenance. 5. Contractor shall be responsible for controlling, by mechanical or chemical means, weeds growing in turf, planters, cracks, curbs and gutters, or expansion joints, and areas contiguous to the City landscape. 245

6. All maintenance personnel shall wear safety vests while working in the public right-of-way and when working on medians, and at no time shall work be performed in the roadway without City approved Traffic Control Plan and all required traffic control signage in place. 7. Contractor is responsible for insuring that all median maintenance is performed in a safe manner and that no hazard is created by such operation. MISCELLANEOUS AREAS – SPECIAL PROVISIONS 1. All general landscape maintenance specifications shall apply to the maintenance of Miscellaneous Areas where applicable, unless otherwise specified below. 2. Special Work Provisions for each site below are listed under Item #3 this section: o Limited Landscape Maintenance Joann Street Bike Trail and Cornerstone Bike Trail – Placentia Ave. to north of Merrimac Way. In addition to the general landscape maintenance specifications, the Joann Bike Trail and Cornerstone Bike Trail area must be serviced daily: • Inspect trail for graffiti, large item debris and report to the City Representative • Inspect bollards and report any broken or missing bollards to the City Representative • Inspect all fences and report any issues to the City Representative • Remove litter, trash, debris, dog feces throughout the site. • Service any trash cans. Remove and replace liners • Maintain DG portions of the trail. Replace and compact DG as needed. Arlington Bike Trail – Arlington Avenue, south side from Fairview Road to Newport Boulevard. In addition to the general landscape maintenance specifications, the Arlington Bike Trail area must be serviced daily: • Inspect trail for graffiti and report to the City Representative • Remove litter, trash, debris, dog feces from the trail and throughout the site. • Service any trash cans. Remove and replace liners • Maintain DG portions of the trail. Replace and compact DG as needed. 246

Adams Ave. – Santa Ana River Bridge to approx. 500’ before Mesa Verde Dr. East Sidewalk (south side) & Unpaved right-of-way and sidewalk (north side) Maintenance Contractor shall remove litter, leaves or other debris and weeds from the sidewalk and blow clean with a leaf blower once per month. No material may be deposited in the street. Contractor shall remove litter, leaves, sucker growth, debris and weeds from the unpaved right-of-way on the north side of the street twice per month. No leaf blower shall be used. Fairview Rd. – Wilson St. to north end of I-405 overpass Sidewalk maintenance (east & west side) Contractor shall remove litter, leaves or other debris and weeds from the sidewalk and blow clean with a leaf blower twice per month. No material may be deposited in the street. Contractor shall inspect and service the stand alone trash can near the northeast corner of Fairview Road and El Camino/Adams Avenue three (3) times per week. • Trash can liner shall be removed and replaced with a new liner. • Inspect can for any missing components, damage or graffiti. Report issues to City Representative. • Replace any missing components. City to provide components. Placentia Avenue. – Swan Drive/Swan Circle to Adams Avenue Sidewalk and dirt parkway maintenance (east & west side) Contractor shall remove litter, leaves or other debris and weeds from the sidewalk and dirt parkway and blow clean with a leaf blower twice per month. No material may be deposited in the street. Sunflower Avenue – Fairview Road to Bear Road Sidewalk maintenance (both sides of the street) Contractor shall remove litter, leaves or other debris and weeds from the sidewalk and blow clean with a leaf blower twice per month. No material may be deposited in the street. Whittier Avenue. – 19th Street to Parkhill Drive (West side) Sidewalk cleanup as needed. 247

Contractor shall remove litter, leaves or other debris and weeds from the sidewalk and blow clean with a leaf blower twice per month. No material may be deposited in the street. Wilson Street – Republic to Governor Sidewalk and vine maintenance (north side) Contractor shall remove litter, leaves or other debris and weeds from the sidewalk and tree wells and blow clean with a leaf blower twice per month. The plant material on the wall will be trimmed once per month. No material may be deposited in the street. Fairview Rd. – North & East of I-405 off ramp Unpaved right-of-way maintenance (slope area) One time each month Contractor shall remove litter, debris and string trim or otherwise cut weeds to a height not to exceed four inches (4”). Debris generated from weed abatement shall be removed at the time of service. Clean any debris from the sidewalk adjacent to the site and blow clean with a leaf blower. No material may be deposited in the street. As an alternative to string trimming, appropriate herbicides may be utilized to control weeds at a height not to exceed four inches (4”). AT&T Cabinet Locations • Contractor shall perform weeding, fertilization, dead plant removal and new plant installation, mulch installation and graffiti reporting at fifty-five (55) AT&T Cabinet sites. • Contractor shall water all plants, at non irrigated sites weekly April through October or as needed. • Contractor shall water all plants, at non irrigated sites monthly November through March or as needed. • Contractor shall shear plants as needed to maintain height below five feet (5’) and to maintain acceptable appearance. • Contractor shall replace dead plants as needed. Replacement plants shall be Ligustrum japonicum - Fifteen (15) gallon container size. • Contractor shall remove all weeds mechanically or chemically. • Contractor shall fertilize plants – every three (3) months with the appropriate fertilizer. • Contractor shall perform rodent control as needed to eradicate pests. • Contractor shall replenish mulch as needed to maintain 100% coverage of the soil. • Contractor shall replace damaged black weed fabric as needed. • Contractor shall report to the City Representative any damage, vandalism, graffiti or other maintenance issues on a weekly basis. 248

AT&T Locations: Site# Location Site# Location 1 619 W. 18th St. 30 1510 Orange Ave. 2 201 E. 19th St. 31 1600 Orange Ave. 3 850 W. 19th St. 32 1829 Orange Ave. 4 183 W. 20th St. 33 2035 Orange Ave. 5 278 W. 20th St. 34 2158 Orange Ave. 6 290 22nd St. 35 2204 Orange Ave. 7 217 23rd St. 36 2348 Orange Ave. 8 1886 Anaheim Ave. 37 740 Paularino Ave. 9 1912 Anaheim Ave. 38 910 Paularino Ave. 10 295 Avocado St. 39 993 Paularino Ave. 11 1302 Baker St. 40 565 Plumber St. 12 1639 Baker St. 41 1825 Pomona Ave. 13 1446 Bristol St. 42 2701 Presidio Ave. 14 105 Fair Dr. 43 1678 Santa Ana Ave. 15 108 Fair Dr. 44 1775 Santa Ana Ave. 16 371 Fair Dr. 45 1801 Santa Ana Ave. 17 372 Fair Dr. 46 162 Santa Isabel 18 2511 Fairway Dr. 47 378 Santa Isabel 19 2603 Fairway Dr. 48 970 South Coast Drive 20 1240 Gisler Ave. 49 1792 Tustin Ave. 21 1654 Gisler Ave. 50 522 Victoria St. 22 1735 Gisler Ave. 51 2095 Westminster 23 1735 Gisler Ave. 52 465 W. Wilson St. 24 1768 Gisler Ave. 53 528 W. Wilson St. 25 2240 Meyer Pl. 54 562 W. Wilson St. 26 2995 Mesa Verde Dr. 55 3498 Wimbledon 27 1901 Monrovia Ave. 28 196 Monte Vista Ave. 29 1542 Nutmeg Pl. Cadillac Bicycle Trail Limited Landscape Maintenance One time each month Contractor shall remove litter, debris and weeds. Debris generated from weed abatement shall be removed at the time of service. Clean any debris from the bicycle trail and sidewalk adjacent to the site, blow clean with a leaf blower. No material may be deposited in the street. 249

As an alternative to string trimming, appropriate herbicides may be utilized to control weeds at a height not to exceed three inches (3”). Contractor shall shear plants as needed to maintain height below five feet (5’) and to maintain acceptable appearance. Elden Avenue Right-of-way Limited Landscape Maintenance One time each month Contractor shall remove litter, debris and weeds from right-of-way. Debris generated from weed abatement shall be removed at the time of service. Clean any debris from the street adjacent to the site and blow clean with a leaf blower. No material may be deposited in the street. Apply mulch (City provided) as needed to maintain 100% soil coverage. Site may be treated with a pre-emergent or post-emergent herbicide at the Contractor’s expense to reduce required work, but will not result in reduced maintenance frequency. One time each month Contractor shall cut all shrubs, vines or other vegetation back to the vertical extension of the curb face. Trees are excluded. All debris shall be removed per above paragraph. Monaco Terrace Limited Landscape Maintenance One time each month Contractor shall remove litter, debris and weeds from site. Debris generated from weed abatement shall be removed at the time of service. Clean any debris from the street adjacent to the site and blow clean with a leaf blower. No material may be deposited in the street. Apply mulch (City provided) as needed to maintain 100% soil coverage. Site may be treated with a pre-emergent or post-emergent herbicide at the Contractor’s expense to reduce required work, but will not result in reduced maintenance frequency. One time each month Contractor shall cut all shrubs, vines or other vegetation back to the vertical extension of the curb face. Trees are excluded. All debris shall be removed per above paragraph. Rue de Cannes Limited Landscape Maintenance One time each month Contractor shall remove litter, debris and weeds from site. Debris generated from weed abatement shall be removed at the time of service. Clean any debris from the street adjacent to the site and blow clean with a leaf blower. No material may be deposited in the street. Apply mulch (City provided) as needed to 250

maintain 100% soil coverage. Site may be treated with a pre-emergent or post-emergent herbicide at the Contractor’s expense to reduce required work, but will not result in reduced maintenance frequency. One time each month Contractor shall trim all shrubs to maintain an acceptable appearance. Trees are excluded. All debris shall be removed per above paragraph. Canary Drive Slope – Slope adjacent to the stairs at the south end of the street. Limited Landscape Maintenance One time each month Contractor shall remove litter, debris and weeds from site. Debris generated from weed abatement shall be removed at the time of service. Clean any debris from the stairs, sidewalk and street adjacent to the site and blow clean with a leaf blower. No material may be deposited in the street. Apply mulch (City provided) as needed to maintain 100% soil coverage. Site may be treated with a pre-emergent or post-emergent herbicide at the Contractor’s expense to reduce required work, but will not result in reduced maintenance frequency. One time each month Contractor shall cut all shrubs, vines or other vegetation back to the vertical extension of the curb face. All debris shall be removed per above paragraph. Gateway Project – End of the 55 Freeway (Center area on the southbound side and planter and slope on the northbound side) The contractor shall provide general landscape maintenance services and pick up trash and debris on a weekly basis. Gisler Avenue – Unimproved Parkways and Drainage Culvert Limited Landscape Maintenance One time each month Contractor shall remove litter, debris and weeds from the unimproved parkways areas and drainage culvert. Debris generated from weed abatement shall be removed at the time of service. Clean any debris from the street adjacent to the site and blow clean with a leaf blower. No material may be deposited in the street. One time each month Contractor shall cut all shrubs, vines or other vegetation back to maintain the drainage culver. All debris shall be removed per above paragraph. Hamilton Street – Parkways cul de sac at the west end of the street One time each month Contractor shall remove litter, debris and weeds from the unimproved parkways areas at the west end of Hamilton Street. Debris generated from weed abatement shall be removed at the time of service. Clean any debris from 251

the street adjacent to the site and blow clean with a leaf blower. No material may be deposited in the street. Tanager Bike Trail – Golf Course Drive to HOA Property Limited Landscape Maintenance One time each month Contractor shall remove litter, debris and weeds from the unimproved parkways areas and asphalt bike trail. Debris generated from weed abatement shall be removed at the time of service. Clean any debris from the trail and blow clean with a leaf blower. No material may be deposited on the adjacent properties. One time each month Contractor shall cut all shrubs, vines or other vegetation back to maintain the trail. All debris shall be removed per above paragraph. Del Mar Gardens – 170 Del Mar Street One time each month Contractor shall trim plant material growing on the fence surrounding the gardens and clean up leaf litter and other debris from the parking area. Debris generated from the trimming and cleaning shall be removed at the time of service. West 19th Street and Newport Boulevard Trash Cans Contractor shall service twelve (12) trash cans and the general area on W. 19th Street from Harbor Blvd to Monrovia and one (1) can on Newport Boulevard on a daily basis: • Trash can liner shall be removed and replaced with a new liner. • Any trash in the vicinity will be picked up and removed • Inspect can for any missing components, damage or graffiti. Report issues to City Representative. • Replace any missing components. City to provide components. Trash Can Location Name/Type of Business Southwest 19th at Monrovia Liquor Store Southeast Monrovia at 19th Pepe’s Tacos Southwest 19th at Placentia Alejandro’s Northeast 19th at Placentia Shell Gas Station Southwest 19th at Pomona Smart & Final South side 19th, east of Pomona Sr. Center North side 19th, west of Meyer DMV South side 19th at Meyer McDonald’s Northwest 19th at Anaheim Subway 252

Northeast 19th at Anaheim In N Out Northwest 19th at Maple El Toro North side 19th, west of Harbor Social Southeast Newport at 18th Grant’s for Guns 253

ATTACHMENT 1 PERFORMANCE DEFICIENCY NOTIFICATION
254

CITY OF COSTA MESA PERFORMANCE DEFICIENCY NOTIFICATION The following performance deficiency has been observed and subsequently reported to your representative: Date: Location: N=Needs Improvement (Correct in 7 days) U=Unacceptable (Correct in 24 hours) GROUND COVER TURF Missing/Replant Bare Areas/Overseed Dead/Stressed Dead/Stressed Trimmed/Walks/Fences Mowing/Edging Trimmed/Heads/Boxes Fertilize/Pre-Emerge Annual Grass Weeds Grassy Weeds Broadleaf Weeds Broadleaf Weeds Fertilize/Pre-Emerge Aeration/Verticutting Pests/Rodents Clippings/Debris Clippings/Debris Erosion Depressions Cultivation Pests/Rodents Erosion/Depressions Weed Whip/Trimming Buffer Zone Maint. Height of Cut Stakes/Arborguards SHRUBS HARD SURFACES/MEDIANS Missing/Replant Clean Walks/Gutter Dead/Stressed Clean Drains/Vee-Ditch Thinned/Pruned Patterned Concrete Fertilize/Pre-Emerge Hazardous Conditions Pests/Rodents Weeds REPORTS Pesticide Use/NOI Weekly/Monthly Schedules Irrigation Controller Log NOTE: In accordance with the provisions of the contract, corrective action must be completed within specified time frames. Initiate corrective action(s) and notify inspector upon completion. Invoices will be subject to payment deductions or delays if deficiencies are not corrected. Received By: Company: Issued By: Date:
255

CITY OF COSTA MESA PERFORMANCE DEFICIENCY STATUS MEMO Date: Company: Location: Date of Performance Deficiency Notification: On , I re-inspected this location and the following deficiencies were: (C=Corrected, UN=Un-corrected) GROUND COVER TURF Missing/Replant Bare Areas/Overseed Dead/Stressed Dead/Stressed Trimmed/Walks/Fences Mowing/Edging Trimmed/Heads/Boxes Fertilize/Pre-Emerge Annual Grass Weeds Grassy Weeds Broadleaf Weeds Broadleaf Weeds Fertilize/Pre-Emerge Aeration/Verticutting Pests/Rodents Clippings/Debris Clippings/Debris Erosion Depressions Cultivation Pests/Rodents Erosion/Depressions Weed Whip/Trimming Buffer Zone Maint. Height of Cut Stakes/Arborguards SHRUBS HARD SURFACES/MEDIANS Missing/Replant Clean Walks/Gutter Dead/Stressed Clean Drains/Vee-Ditch Thinned/Pruned Patterned Concrete Fertilize/Pre-Emerge Hazardous Conditions Pests/Rodents Weeds REPORTS Pesticide Use/NOI Weekly/Monthly Schedules Irrigation Controller Log Re-Inspection Evaluation: Upon re-inspection, the above listed items noted as “UN=Uncorrected” were found to be deficient, and as reported to the Contractor on the notification date, the Costa Mesa Public Services Department had determined the value as follows: Inspector: Date: Substandard Performance: $ Maintenance Superintendent: Date: Non-Performance: $ Total Value: $ 256

ATTACHMENT 2 FERTILIZATION, BROADLEAF CONTROL, PRE-EMERGENT & SPECIALTY WORK SCHEDULES

257

FERTILIZATION, BROADLEAF CONTROL AND PRE-EMERGENT SCHEDULES CONTRACTOR IS TO PROVIDE ALL PESTICIDES, HERBICIDES AND FERTILIZER REQUIRED FOR THIS SCHEDULE TURF FERTILIZATION SCHEDULE Apply fertilizer only after soil is wet and irrigation coverage has been verified. Changes in specified materials must be approved by the City prior to application. Frequency Months Material Rate 1x/yr March 1st 21-7-14 5 lbs./1000 sq. ft. TURF RENOVATION 1x/yr May thru July AERIFICATION 2x/yr March and September 1x/yr March/April and as needed throughout the year SHRUB AND GROUNDCOVER FERTILIZATION SCHEDULE Apply fertilizer to landscape only after soil is wet and irrigation coverage has been verified. Changes in specified materials must be approved by the City prior to application. Groundcover and shrub beds. Frequency Months Material Rate 2x/yr April 1st Triple 15-15-15 Maximum label rate Aug. 1st Triple 15-15-15 per label. FERTILIZATION SCHEDULE Frequency Months Material Rate 2x/yr March/June 1 21-7-14 5 lbs./1000 sq. ft. 2x/yr Sept. 1/Nov. 1 20-2-3 5 lbs./1000 sq. ft. TURF RENOVATION Location Task Frequency Acreage Month Jack Hammett Dethatch 1 x/yr 14.7 Feb. TeWinkle Ath. Cmplx Dethatch 1 x/yr 5.8 August Balearic Dethatch 1 x/yr 8.0 Sept. Davis Field Dethatch 1 x/yr 3.0 July FDC Dethatch 1 x/yr 5.5 July 258

Note: The Contractor shall comply with Special Events and Rest and Renovation schedules provided by the City. AERIFICATION 2x/yr hollow-core all sites: March/September 259

ATTACHMENT 3 IRRIGATION STANDARDS
260

Maintenance Services Division Standard Irrigation Hardware Mainlines: Up to 2” – Schedule 40 PVC Pipe (same for non-potable sites) 2 ½ “and Above – Class 315 PVC Pipe (same for non-potable sites) Lateral Lines: Up to 2” – Schedule 40 PVC Pipe (same for non-potable sites) 2 ½ “and Above – Class 315 PVC Pipe (same for non-potable sites) Irrigation Controller Specifications: Outdoor Irrigation Controller – Parks & Sports fields: Rain Bird Tech Division (1-888-444-5756) – Maxi-Peds–1–P5-NA-LK-EL24__ANT06-FM2-SPP-TP1A-RMK450nARR (Bold area dependent upon station count. Verify specifications with Rain Bird Area Manager, prior to purchasing). All enclosures to be top-entry. Inspection and certification are required after installation. Please contact Jeff Evans – Public Agency Area Manager – 1-509-954-2008. The contractor is to install two (2) additional station wires and two (2) additional common wires. Outdoor Irrigation Controller – Facilities, Fire Stations, Medians, Parkways: John Deere Green Tech Division (949-455-7465) – Rain Master Irrigation Controllers. Verify specifications with District Sales Manager, prior to purchasing). All enclosures to be top entry. Inspection and certification are required after installation. Please contact John Ross – District Sales Manager – 1-714-585-9352. The contractor is to install two (2) additional station wires and two (2) additional common wires. Indoor Controller Specifications: John Deere Green Tech Division (949-455-7465) – Rain Master Irrigation Controllers. Verify specifications with District Sales Manager, prior to purchasing). Inspection and certification are required after installation. Please contact John Ross – District Sales Manager – 1-714-585-9352. The contractor is to install two (2) additional station wires and two (2) additional common wires. Backflow Prevention Devices: Febco 825Yor 825YA (size dependent upon the needs of the project) Backflow Enclosure: Guardshack – Hinged (size and type dependent upon the needs of the project) All Spec – Hinged (size and type dependent upon the needs of the project) Ball Valves: Nibco – T-580 (bronze – size dependent upon site location) Gate Valves: Nibco – T113IRR– K – 200 PSI CWP (Bronze Cross – size dependent upon site location) 261

Electric Remote Control Valves: Rain Bird GB (size dependent upon site location – brass casing) - Potable Rain Bird GB-R (size dependent upon site location - brass casing) – Non Potable Maintenance Services Division Standard Irrigation Hardware (continued) Quick Coupler Valves: Rain Bird 33-DLRC & 44-LRC (size dependent upon the site location) - Potable Rain Bird 33-DNP & 44-NP (size dependent upon the site location) – Non Potable Pop Up Spray Heads: Rain Bird 1800 SAM-PRS – Bottom Inlet Only (sizes dependent upon the site location) with 1800 PCS compensating screens Spray Heads are to be specified reclaimed for non-potable projects. Pop Up Spray Nozzles: MPR nozzles, U-nozzles, VAN nozzles, HE-VAN nozzles, Rotary nozzles, and R-VAN nozzles are acceptable nozzles dependent upon the configuration of the irrigation spray heads. Stream Bubblers: Rain Bird – Body Assembly – Bottom Inlet Only.1800 Series (sizes dependent upon the site location). Rain Bird – PA-80 (plastic adapter) for potable or PA-8S-NP (plastic adapter) for non-potable. Rain Bird – 1400 Series – Pressure Compensating Full-Circle Bubblers. Rain Bird – 1800 PCS – Pressure Compensating Screens Rain Bird – XPCN Series Nozzles (Low Volume Spray Nozzles) Drip Irrigation Systems: All potable drip irrigation and components to be Rain Bird Products. All drip shall be sub-surface. All non-potable drip irrigation and components to be Rain Bird Products. All drip shall be sub-surface. Rotors: Hunter PGP Ultra (sizes and nozzles dependent upon the site location) Hunter I-20 Series (sizes and nozzles dependent upon the site location) Hunter I-25 Series (sizes and nozzles dependent upon the site location) Hunter I-40 Series (sizes and nozzles dependent upon the site location) Hunter I-60 Series (sizes and nozzles dependent upon the site location) Hunter I-90 Series (sizes and nozzles dependent upon the site location) Rain Bird 3500 Series (sizes and nozzles dependent upon the site location) Rain Bird 5000 Series (sizes and nozzles dependent upon the site location) Rain Bird 5500 Series (sizes and nozzles dependent upon the site location) Rain Bird 6504 Series (sizes and nozzles dependent upon the site location) 262

Rain Bird 8005 Series (sizes and nozzles dependent upon the site location) Rotors are to be specified reclaimed in non-potable projects. Valve Boxes: NDS Pro Potable – with lockable lid (sizes and variations dependent upon the site location) NDS Pro Non-Potable – with lockable lid (sizes and variations dependent upon the site location) Wire Connectors: Spears DS-400 Master Valves: Bermad 910 Series – Normally open (quick coupler valves) or normally closed. Read in U.S. gallons. Netafim - Normally open (quick coupler valves) or normally closed. Read in U.S. gallons 263

EXHIBIT B CONTRACTOR’S PROPOSAL
264
BrightView Landscape Services, Inc.
prepared by Nancy Arredondo - Estimating — 1960 S Yale St, Santa Ana, CA 92704 T:(714)931.0864 E: [email protected]

PARKS & LANDSCAPE

MAINTENANCE

SERVICES
RFP No. 22-10

BUSINESS PROPOSAL
265

TABLE OF CONTENTS
ii
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .

Cover Letter
Background and Project Summary Section
Methodo of Approach
Qualiﬁ cations & Experience of the Firm
Financial Capacity
Key Personnel

APPENDIX C - REQUIRED FORMS
Vendor Application Form
Company Pro ﬁ le & References
Ex Parte Communications Certi ﬁ cate
Disclosure of Government Positions
Disquali ﬁ cations Questionnaire
Bidder/Applicant/Contractor Campaign Contribution

SUPPORT DOCUMENTS
Addendum 1 Acknowledgement
Equipment List
Proof of Insurability
Contractor License
Proof of DIR Registration
Certi ﬁ ed Regional EH&S Manager
Business Pest Control License
Board Resolution & Corporate Organization
1-3
4-5
6-16
17-18
19 20-26
27-28
29-31
32 33
34 35
36-37
38-45
46-47
48 48
49 50
51-67
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Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
1 December 3, 2021
Oﬃ cers of the City of Costa Mesa:

Thank you for the opportunity to submit our proposal to the City of Costa Mesa regarding PARKS AND LANDSCAPE MAINTENANCE SERVICES due to the Public Services Department on December 8, 2021 at 10:00am. Enclosed in this package is our response to this RFP for recurring landscape maintenance work; pricing will be valid from July 1, 2022 thereon, and to be performed for the following Service Areas. • Parkways & Medians
• Fire Stations
• Miscellaneous Areas
• Parks & Facilities
• Sports Fields
My team has full familiarity with the property, the expertise and management skills that set us apart from the rest. BrightView will provide the suﬃ cient amount of daily labor, and the two required Supervisors at no additional charge that will be present and available during work operations. We will be providing our expert irrigation technicians to ensure the plants are getting an adequate amount of water, and that watering clocks are set to the proper speciﬁ cations. We will be providing our licensed chemical advisor for proper applications. We will have no down time through the transition period and will continue to carry on. DAY 1 of the contract we will have fully staﬀ ed crews and continue uninterrupted with all tasks and schedules. We will no longer need to spend time on initial inspections or discover the speciﬁ c requirements of the individual zone; allowing us to move straight into this contract’s scheduling needs.

Per the Scope of Work provided by the City of Costa Mesa, BrightView will perform various maintenance services with the following approach and strategies taken into consideration:

AVAILABILITY AND COMMUNICATION:

All of our supervisors and foremen carry cell phones to take any calls throughout the day. At no point during the working day is communication cut-oﬀ between the ﬁ eld and oﬃ ce staﬀ . This gives our maintenance department the ability to handle issues or emergencies and allow us to keep all of our properties in pristine condition. Our foremen utilize Apple iPads to map/track a site’s attributes, and track personnel data, payroll, work order assignments, and e-mail communications. We believe that this eﬀ ort will allow us to work eﬃ ciently with the day-to-day eﬀ orts of our entire staﬀ , as well as provide an exceptional level of customer service to our clients.

The key Personnel assigned to this project will be as follows:
• Po Chen – Vice President General Manager of the Greater Orange County • Darin Sherlock – Branch Manager
• Luis Villarruel – Senior Account Manager
• Luis Arellano – Supervisor
• Sabas Padilla Hernandez - Supervisor
During the Bidding Process all questions and concerns may be referred to Darin Sherlock, by phone at 949.614.9148 or via email at [email protected] WORK SCHEDULE FLEXIBILITY:

Supervisors will stay in constant contact with the contract managers should any conditions change, and they will be diligent in making contact within two hours notice of any non emergency work orders 267
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
2 submitted to us. BrightView has an on-call crew that handles extra work for all our current projects.

These people will ﬁ ll in if the need arises where there is an unscheduled absence or additions are made to the contract, thus providing experienced labor for the project, immediately. Examples of these are certiﬁ ed irrigators, certiﬁ ed arborists, certiﬁ ed pest control advisers and applicators, certiﬁ ed personnel in traﬃ c control, etc.

EXPERIENCE:

Brightview Landscape Services, Inc. is a ﬁ rm with in-house site development expertise in multiples areas, including, sports turf, irrigation management, water management, erosion control, chemical application, fertigation, arbor care, weed abatement, pest management, pressure washing, and janitorial. The company’s diverse project experience includes public and private property such as: Public Works, HOAs, theme parks and recreation facilities, sport ﬁ eld complexes, hotels and resorts, commercials and industrial developments, public facilities, open space, nature parks and trails, streetscapes, and highways. We hold a current contractor’s license with C27, C31, C61, and D49 categories and have certiﬁ ed personnel in pest control application, pest control advising, water management, and arbor care to manage and satisfy any of the City’s needs that should arise. We have a vast knowledge and experience maintaining municipality contracts, many of which are of similar scope and level in quality as the City of Costa Mesa, such as the city of Irvine Business Complex, Lake Forest Sport Fields, Anaheim Parks, Anaheim Disneyland resort, San Juan Capistrano Parks, Laguna Beach Citywide Services, Newport Beach Streets and ROW.

ABOUT US:

BrightView Companies, LLC. is the largest landscape company operating throughout the United States, having a long established trajectory as one of the biggest landscape maintenance service company in California, this branch formerly known as Marina Landscape Maintenance, Inc. was incorporated in 2014, and then acquired at the beginning of 2017 by BrightView Landscape Service, Inc. a California State Registered Corporation. Together we continue to provide the same exceptional service to our customers by putting them ﬁ rst above all else.

Currently our Greater OC Maintenance Division’s workload is $16.5 Million; 100% is a result of Public Works contracts. We are competitively priced in all market segments and our ﬁ nancial stability can be supported by bank references and letters of good standing. We have a bonding capability of $50Million for single project, and $400Million nationwide, and will be able to provide the requested insurance requirements. We operate with minimal corporate over-head, this means more cost savings to our clients and faster reaction to concerns and requests.

Company Location and Contact Information:

Our Corporate Oﬃ ce is at 27001 Agoura Road, Suite 350, Calabasas, CA 91301. We will be conducting the maintenance services for the City of Costa Mesa from the GOC Branch at 1960 S. Yale, Santa Ana, CA 92704. All laborers, foremen, superintendents, and management will be based out of this location.

TOLLFREE: 844.230.6136
Mobile: 949.614.9148 Oﬃ ce: 714.546.7843
Email: [email protected]
Website: https://www.brightview.com/company/about-brightview As President and COO, I will be the person authorized to make commitments for the Company.

Additional names and titles of oﬃ cers can be found on our COR attached at the end of this proposal.

BrightView understands the importance of being partners with the City, and the value that this work provides to your visitors, residents and staﬀ . We know that with our past years’ experience here, 268
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
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Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
4 BACKGROUND AND PROJECT SUMMARY
BrightView will perform all work in accordance with the requirements in the scope of work in Appendix A of this RFP , and we will heavily rely on the direction of the city staﬀ to set the standards and the requirements to be met for the “Ongoing Maintenance” of City parks, recreational facilities, sports complexes, sports ﬁ elds, sports courts medians, parkways, bike trails and specialized facilities such as the tot-lots, skate park, and dog park. Under the direction of the City Director of Public Services and his representatives we will make every eﬀ ort to keep the City’s landscape attributes safe, healthy and beautiful for residents and visitors. Our staﬀ has various avenues of communication to help everybody exchange the information and get the work done.

During the Transition period our staﬀ familiarize themselves with all areas that must be serviced; fortunately all our staﬀ is already familiar with the particular function, needs and scedules of prominent and also a bit less heavily traﬃ cked areas of this contract such as:
*Segerstrom Center for the Arts
*Orange County Fairground’s
*South Coast Repertory Theater
*South Coast Plaza Shopping Center
*Joann Bike Trail
*Fire Stations
To accomplish our goals of meeting the City’s requirements and maintaining friendly landscapes for the public we begin with an Action/Prevention Plan
Action Plan begins with providing to our client two personnel available for 24hr on-call emergency service
714.296.7938/657.242.7719. This includes creating the communication avenues among the crews to asign speciﬁ c task and give them a sense of ownership and responosibility to report to their supervisors when they come across items/events that need attention. Standard Landscape Services are performed by a tightly tailored schedule.

We understand that your facilities and parks are valuble assets, a reason for many to call home and a measure of community pride. Crew men join the city in this sentiment and perform the day-to-day tasks diligently 365 days of the year. Restroom Janitorial, Trash and Litter, Graﬃ ti, Irrigation Inspections, Playgrounds, etc. will be done Daily; Mowing, blowing, hedging and trimming, Mutt Mitts will be done once a week as per the contract speciﬁ cations with the best practices and minimum disturbance to neighbors, visitors and facility staﬀ . BrightView recognizes that this is an important matter and will diligently oblige. To ensure that this is achieved we will rely on up-to-date scheduling and changes submitted by the City’s representative.

Prevention Plan starts by properly training our labor before they joint the crews; it is imperative, and we teach them to follow BMPs, be aware of their surroundings when safety is a concern, and keep conditions favorable for plants to stay healthy. Every morning our workers join their team and warm up, gear up and run through a gate check with their Supervisor to ensure Vehicle and Safety Inspections are completed. In conjunction we give them visual guides in both english and spanish for additional guidance, ensuring the highest quality standards by BrightView. see following page examples
We plan to have an on-call crew that handles extra work for all our current projects, readily available.

These people will ﬁ ll in if the need arises where there is an unscheduled absence or additions are made to the contract, thus providing experienced labor for the project, immediately, instead of begin with the training process.
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5 BACKGROUND AND PROJECT SUMMARY (CONTINUED)
1 4
2 5
3 6
• Insects and poisonous plants
• Punctures / lacerations
• Struck-by injuries
• Sprains and strains
• Slips, trips and falls
• Eyes on path
• Eyes on task
• Lifting / lowering
Hazard Awareness
Equipment Needed Ensure all equipment certiﬁcations have been completed as required.

Required PPE
Expectations
Job Completion
Proprietary and Conﬁdential (Version 1 – July 2017)
Does jobsite meet BrightView
Visual Quality Standards?
• Debris barrel, tarp or burlap
• Debris vacuum
• Flat shovel
• Backpack blower
• Trash bags
Ensure HIGH PRIORITY areas are
clean, highly detailed and free of
all trash and debris.

Clean hardscaped areas of
landscape debris generated
by operations.

Remove trash from turf, beds
and hardscaped areas.

Establish a protocol for removal
of dead plant material.

Remove debris and trash from
parking lot / lot corners.

Notify manager and client of
damaged items within landscape.
• Debris pickup tool

QUALITY STANDARDS
Site Cleanliness
PURPOSE: Uniformly clean site with no trash in turf, beds or hardscaped areas Required Site Assessment Process: Take 2
Critical Behaviors
A
A
1 34
2 QUALITY STANDARDS
Weed Free Beds
• Chemical exposure
• Punctures / lacerations
• Insects and poisonous plants
• Struck-by injuries
• Sprains and strains
• Slips, trips and falls
• Eyes on path
• Eyes on task
• Lifting / lowering
Hazard Awareness
Equipment Needed Ensure all equipment certiﬁcations have been completed as required.

Critical Behaviors
Expectations
Job Completion
PURPOSE: Uniformly clean and mulched beds without weeds Required Site Assessment Process: Take 2
Does jobsite meet BrightView
Visual Quality Standards?
• Weed cultivator
• Calibration tray
• Spill kit
Weeds are the responsibility of ALL crew members.

Regularly spray smaller weeds with post-emergent
herbicide (with a pre-emergent blend). Physically remove weeds larger than 3” inches.

Proactively manage weeds with appropriately timed
pre-emergent herbicide applications.
• Herbicide application tools
– Spray tank
– Backpack sprayer
– Spred-Rite ® applicator
Required PPE
• Backpack herbicide blower
• Additional PPE per
chemical label
A
A
Proprietary and Conﬁdential (Version 1 – July 2017)
1 4
2 5
3 6
• Perforaciones/laceraciones
• Lesiones por golpes
• Torceduras y distensiones
• Resbalones, tropiezos y caídas
• Preste atención a sus pasos
• Preste atención a sus tareas
• Levantamiento/bajada
• 3 puntos de contacto para
asegurar la escalera
• Podadoras
• Sierra de mano
• Podadora de altura
• Escalera
• Podadora de mano
• Piedra/lima de aﬁlar
• Rastrillo de hojas/rastrillo forestal
• Motosierra
• Cestos de residuos, lona
o bolsas de arpillera
Concienciación de las amenazas
Equipo necesario Asegúrese de que se hayan completado todas las certiﬁcaciones de equipo, según sea necesario.

PPE requerido
Expectativas
Finalización del trabajo
¿Su lugar de trabajo cumple
con los estándares de calidad visual
de BrightView?
Conductas críticas
ESTÁNDARES DE CALIDAD
Árboles podados detalladamente
PROPÓSITO: Que el detalle de la poda sea uniforme con cortes precisos, que no haya ramillas visibles en los árboles (Nota: Infórmese sobre los requisitos locales relacionados con los permisos, las licencias o las certiﬁcaciones).

Proceso de evaluación requerido para el sitio: Toma 2 Minutos • Se requieren chaparreras para
las motosierras por tarea
Si no comprende los objetivos o el método
de poda, DETÉNGASE y comuníquese con
el supervisor para solicitar asistencia.

Pode por motivos de seguridad
cuando sea necesario, deje el
espacio de seguridad adecuado.

Utilice los métodos de poda
correctos y segurosy en todo
momento.

Pode las ramillas de los árboles
y riegue los brotes.

Utilice el método de poda de tres
cortes para ramas de más de una
pulgada de diámetro.

Elimine las ramas muertas o quebradas
que estén al alcance, informe al gerente
si hay ramasy fuera de su alcance.

Información propietaria y conﬁdencial (Versión 1 – Julio 2017) Conf idence from Excellence
Conﬁanza por la Excelencia
BrightView Quality Job Aids
Auxilio para calidad del trabajo de BrightView
Weed
Free
Green
Turf
Neatly
Pruned
Trees &
Shrubs
Crisp
Edged
Beds
Uniformly
Mulched
Beds
Site
Cleanliness
Cr
Edg
y
d
7 Standards of
Excellence
Spectacular
Flowers
Our Work Order System will provide the City of Costa Mesa with a web-based trouble ticket reporting system which will allow constant communication and updates of work orders and repairs being handled on-site. This ticket reporting system ensures that all work orders get expedited. The assigned Superintendent will make contact within a two (2) hour window. After a work order is completed, we conﬁ rm with the City that the work was completed in a professional manner to ensure nothing is overlooked. Any necessary documents will be provided accordingly. see pg 11 & 12 for samples
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6 METHOD OF APPROACH
BrightView holds a current contractor’s license with C27, C31, C61, and D49 categories and has certiﬁ ed personnel in pest control application, pest control advising, water management, arbor care, and more to satisfy any of the City’s needs that should arise.

Transition Plan
We will have no down time through the transition period and will continue to carry on. DAY 1 of the contract we will have fully staﬀ ed crews and continue uninterrupted with all tasks, schedules and Summer Renovations and Sport Activities. We will no longer need to spend time on initial inspections or discover the speciﬁ c requirements of the individual site; allowing us to move straight into this contract’s scheduling need and comitment to crew size and specialty with the city staﬀ . Together we can create new priorities and assess any urgent goals for the project.

We oﬀ er various beneﬁ ts to the city by diligently applying our Quality Control Program, by using our Expertise in Water conservation, by holding Capable and Fully-Staﬀ ed Maintenance Facility, implementing Sustainable Landscape Practices, and using new cutting edge technologies.

BrightView’s Quality Control
High standards for service excellence and landscaping are an area where “perfection” must be the goal. We have already designed our system to meet the needs of the facilities, city staﬀ and its citizens and operate with the highest productivity. Our focus and attention to the details will ensure we are delivering the highest level of service possible at all times. You will therefore see quality inspections, comprehensive crew training, a detailed process to support this training, focused attention from the Supervisor and our encouragement of greater participation from you to ensure that the work detail consistently meets your expectations.

Providing service solutions through a single point of contact can expedite and simplify your onsite landscape maintenance needs. Our ability to mobilize quickly on diﬃ cult, large scale projects and the fact that we consistently complete projects on time and within budget, gives us a unique advantage over our competition.

Two dedicated Supervisors, along with Sr Superviser Luis Villrruel, will be visiting the job site frequently to ensure all of the standards are being met. These Supervisors have decision power over project resources, make the corrections and communicate and report back to both the client and operations department when such corrections are made. We strive to be on the forefront of technology, to assist the management team with this monumental task. Brightview equips them with such tools as the QSA’s used for monthly walks by the Supervisor to assess the property with the client. QI’s are used by the Leadman to assess the work accomlishments his team has gained. All of BrightView Supervisors and Foremen carry Apple iPhones to take any calls throughout the day. At no point during the working day is communication cut-oﬀ between the ﬁ eld and oﬃ ce staﬀ . Using this proactive method of control, gives our maintenance department the ability to handle issues or emergencies and we are able to keep our projects in pristine condition.
pg11-12 SEE examples of the Quality Management progam
Water Conservation & Irrigation Systems
A water audit is one of the services we currently apply and our expert irrigators are very familiar with the individual ﬁ eld’s needs. Our water audit ensures that the irrigation system is running properly which will cut down on water costs, while making sure proper absorption is occurring in the plant soil. Luis Villarruel, along with our Maintenance Supervisors, Luis Arellano and Sabas Padilla, will be visiting the job site to ensure all of the standards are being met. If needed, they will create punch-lists for the city 272
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7 METHOD OF APPROACH (CONTINUED)
for anything that needs attention. Using this proactive method of control enables the team to keep your facilities in excellent condition. As speciﬁ ed in the scope of work BrightView will provide 3-Irrigation Technicians to run weekly and monthly checks, and for the day-to-day inspections and repairs of the system from the customer service valve and out. They will have fully stocked Ford Ranger trucks with all the brand name parts and ﬁ ttings so they can apply urgent solutions and maintain an uninterrupted watering system.

Sports Fields
BrightView especially recognizes that the City’s sports ﬁ elds are a highly valued and highly traﬃ cked landscape attribute for which we have well trained crews that do the work professionally, eﬀ ectively, and beyond the expectations of those using these areas. We feel that with our past years’ experience with sports ﬁ elds, we will outperform all tasks set forth providing quality maintenance with a proactive approach and cost eﬃ cient manner. BrightView possesses the knowledge, experience and management skills that set us apart from the rest. With our company’s qualiﬁ cations and resources we feel conﬁ dent that our abilities will not be surpassed. Brightview prides itself on being the City of Costa Mesa’s Sportsﬁ elds’ maintenance contractor of choice since 2017.

In Addition Brightview has won numerous awards for both construction and maintenance projects. We take pride in this recognition and continue to ﬁ nd ways and invest in the company in order to excel in all aspects of our services to our clients. Please see below the following list of some of the other Sports Fields we have constructed and maintained in the recent years. • The Home Depot Center, Carson, California
• Petco Park, San Diego, California
• Raley Field, W. Sacramento, California
• Fresno Grizzlies Stadium, Fresno, California
• Sec Taylor Stadium, Des Moines, Iowa
• Menlo College Baseball Field, Atherton, California
• Polytechnic School, Pasadena, California
• City of Anaheim West Side Fields and Parks
• City of Rancho Palos Verdes Sports Fields and Parks
• B.P Arco Carson California Sports Field and Baseball Field • Laguna Hills Community Park and Baseball Fields
• Little League Field of Champions San Bernardino Calif.

Weed and Pest Control
To ensure a healthy and well kept plant community, the team will implement preventative measures and when the need arises will take active measures to ensure quality ﬂ ora. Foremen are trained on a regular basis and will notify the Supervisor of any pest or disease that is present. We are always on the lookout for Target Pests, and seasons will always be a consideration.

Prevention consists of reducing stress on plants, as many of us know plants are more susceptible to damage and disease under stressful conditions thereby we provide proper pruning techniques, adequate moisture, a properly kept irrigation system, mulching, and we will bring well sharpened and clean equipment to the facility.

When action is necessary QAL/PCA certiﬁ ed personnel will inspect, assess, and select proper chemicals and if possible recommend environmentally sound organic products for this purpose. Uppon approval by 273
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
8 METHOD OF APPROACH (CONTINUED)
the City our Techs will proceed with proper application and certiﬁ ed personnel supervision.

Green Initiative
Through our “Green” initiative we include the recycling of all green waste material removed from the site, to minimize the impact on the environment. We have implemented this practice by partnering with green waste recycling companies who recycle approximately 95% of the debri we pull oﬀ of our job sites.

That material is then to be ground up into ﬁ ner quality materia recycled and a becomes a product that we buy back and incorporate
for other contracted jobs. Providing tangible beneﬁ ts to both client and the environment.

BrightView Landscape values its relationship with the City of Costa Mesa and we have always prided ourselves on being at the forefront of technology and innovation. Brightview understand the growing concerns and pressures that City’s face trying to reduce the carbon footprint and become more involved in environmentally sound practices. Brightview will upgrade all of its 2-cycle equipment and outﬁ t each of our trucks with Stihl battery operated equipment starting July 1st 2022.

BrightView works with a diverse customer base, some of which have a sensitivity to the use of chemicals with a High safety level. BrightView is committed to collaborate with these clients in addition to Costa Mesa to create integrated management plans to control pests and achieve quality objectives while minimizing the use of chemicals.

Over the past 15 years, Southern California has faced increased drought conditions. These challenges have led to the transformations of many local landscapes to California friendly and drought tolerant landscape designs. Our design teams are best in class in designing new landscapes using this type of material and can provide consultations as needed to ensure that you meet your water use objectives.

In addition to our Water Conservation and Audit abilities outlined on page 6, BrightView has an expert Regional Irrigation Manager, James Carr, who is focused on training our Irrigation Technicians to troubleshoot problems, and to understand all new technology in eﬀ ort to manage your systems eﬃ ciently. He is also responsible for teaming up with the irrigation crews on our largest and most challenging irrigation jobs to ensure that our customers get the most out of their irrigation systems and meet water budget expectations.

Scheduling
Weekly Schedules will be submitted to the Contract Manager at the speciﬁ ed due date. They will include the maintenance date for each location and time slot. Any changes will be submitted to the Contract Manager ﬁ ve working days prior.
274
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
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Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
11 QSA’s are used monthly by the Supervisor to assess the property during walks with the client.

It allows Supervisor to make recommendations and Notes for the client and begin constructive dialogue for remediation.

METHOD OF APPROACH (CONTINUED)
WORK ORDER SYSTEM & ADDITIONAL WORK/DAMAGE REPORTS: Pronto Forms *Web based program 277
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
12 METHOD OF APPROACH (CONTINUED)
QI’s are used monthly by the Supervisor to assess the work accomplishments of each one of his crews and for the development of punch lists.

SA
WORK ORDER SYSTEM & ADDITIONAL WORK/DAMAGE REPORTS: Pronto Forms *Web based program 278
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
13 Safety is a priority at BrightView, we currently have an OSHA safety rating of .08, our workers are very aware of their surroundings and participate in daily tailgate safety meetings which provide all laborers updates and reminders of current weather hazards and expected events. Every morning our crew workers are encouraged to participate in our Stretch and Flex Program see the following examples and all drivers
complete a Daily Pre-Trip Vehicle Inspection Report see the following examples Laborers are required to wear our uniform at all times while on the job site so our clients can feel comfortable and safe. The BrightView uniforms are consistent with our company logo colors and consist of a button down shirt, navy-blue pants, reﬂ ective safety vest, hat, and hard-toe work boots. Crew Leaders are identiﬁ able by their blue shirts and Crew Workers are identiﬁ able by their green shirts. On the uniform vest they have name tags and company tags, which are always visible in order to give City employees access to address any member of our crew for any reason they may ﬁ nd convenient.

We are committed to providing a safe working environment for our employees. The Orange County Region has a dedicated employee serving as a Safety Oﬃ cer, Kristi Falliaux. Weekly National Safety conference calls are held with the President, Regional Managers, Branch Managers, Regional Safety Oﬃ cers and Branch Safety Oﬃ cers to review incidents and determine proactive training for further prevention. When accidents have occurred, we re-enact the incident to educate other employees by demonstrating how the accident occurred and what we could do to prevent it from occurring again. When no incidents have have taken place every 90 days we reward the team with lunches or prizes.

Through dedicated personnel and leading edge programs providing safety training the safety record for BrightView remains outstanding. Our self-insured program consistently returns the maximum dollars permitted under the law.

Training
Every crew employee goes through a thorough safety training program at the beginning of their employment and our continued education strengthens those foundations.

While on-site our employees will adhere to all aspects of all traﬃ c control procedures according to the WATCH Hand Book and will be equipped with gear that will protect them and others from being injured.

This includes ﬁ re extinguishers, traﬃ c cones, hazard lights, reﬂ ective attire/equipment, goggles, gloves, hard toed-shoes, long-sleeves and pants, and hard-hats.

In regards to equipment handling, we train all employees to know how to operate and work around all maintenance equipment. Employees learn signaling to a vehicle and wear the safety vest at all time while being in the surroundings of equipment or traﬃ c. Public safety is heavily regulated. The Supervisor will perform a pre-work walk through to identify any potential hazards; any found will be reported to the City representative.

In regards to supplies and chemicals, the QAL trains his personnel how to eﬀ ectively and safely apply and dispose of chemicals used in the ﬁ eld as well as avoid getting hurt or being exposed, emergency procedures to control accidents. Mr. John Law is our PCA and has over 30 years of experience with pesticides and agricultural regulations for chemical applications.

In regards to Weekly Tailgate Meetings, these meetings play a vital role in keeping safety topics and practices on the minds and in the hearts of our employees. They provide meaningful and relevant METHOD OF APPROACH: SAFETY PROGRAM
279
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
14 information to keep our crews informed about our safety program, and aware of any accidents or near misses occurring within the last week. These meetings also provide a platform to discuss potential dangers on their assigned job, how to avoid accidents and injuries, what to do in case of an accident or injury, as well as provide documentation of participation in the program. As part of the overall safety program, these meetings spearhead our consistent commitment to the health and safety of our employees, clients and the public
Incorporating a Q&A during the meeting can help assure our workers understand the topic and keeps them attentive and on their toes. Incorporating photos are especially eﬃ cient by indicated proper and improper scenarios.

Meetings are documented using the “Weekly Safety Tailgate Meeting” form available in English and Spanish. The completed report is submitted weekly by the crew leader to the Branch Safety Oﬃ cer or Supervisors. Topics for discussion are issued by the Safety Oﬃ cer and in addition tailored by the Branch Manager. Topics may include:
-Working in Hot Weather
-Cold Weather and Precipitation
-Hand Tool Safety
-Wearing Seat Belts
-Loading and Unloading
-Mower Rider Safety
METHOD OF APPROACH: SAFETY PROGRAM
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15 STRETCH & FLEX

PROGRAM
METHOD OF APPROACH:

SAFETY PROGRAM
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17 QUALIFICATIONS AND EXPERIENCE OF THE FIRM
BrightView Companies, LLC. is the largest landscape company operating throughout the United States.

With 140 years of combined industry knowledge and experience, the Company’s track record of strong growth driven by a steady increasing base of repeat customers underlines our ability to dependably deliver the best expertise in the business and provide our clients signiﬁ cant value for each landscape dollar spent. With over 22,000 employees and more than 150 locations in 32 states in the United States, BrightView provides more landscape services to more customers than any other company in the business.

Our Services Include:
-Design
-Pre-construction services
-Landscape Construction
-Landscape Maintenance
-Beauti ﬁ cation and Renovation
-Golf Course Maintenance
We are well experienced with municipality work and currently provide similar services for the City of Anaheim, City of Lake Forest, City of San Juan Capistrano, City of Laguna Woods, City of Westminster, Whittier, Newport Beach, City of Irvine in addition to Rancho Santa Margarita, OC Superior Courts, Rosehill Memorial Park, and Disneyland Resort. We have in-house site development expertise in multiples areas, including, sports turf, irrigation management, water management, erosion control, chemical application, fertigation, arbor care, weed abatement, pest management, pressure washing, and janitorial. The company’s diverse project experience includes public and private property such as: Public Works, HOAs, theme parks and recreation facilities, sport ﬁ eld complexes, hotels and resorts, commercials and industrial developments, public facilities, open space, nature parks and trails, streetscapes, and highways. We hold a current contractor’s license with C27, C31, C61, and D49 categories.

We are competitively priced in all market segments and our ﬁ nancial stability can be supported by bank references and letters of good standing. We have a bonding capability of $50Million, over $400Million nationwide, and will be able to provide the required insurances, licenses, tools, machinery, and labor head count to cover the needs of a contract of this magnitude.

Our employees are constantly trained in their individual areas and are fully capable of providing the highest quality of services. Through our “BRIGHTPATH PROGRAM” we not only oﬀ er training for entry level individuals but also a career path for growth to all levels of employees.

Recruitment and Retention
BrightView is one of the leading organizations when it comes to hiring and recruitment practices within the landscape maintenance industry. We have an onsite, dedicated Community Recruiter whose sole job is to hire and retain BrightView crew members, through extensive interviews, screening and onboarding training programs. Our Community Recruiter is in constant contact with our managers regarding their staﬃ ng needs and works closely with each manager to conduct interviews. At this stage the City of Costa Mesa at their own discretion can recommend former employees who have been displaced due to layoﬀ s, etc. The following describes our process in the order that each phase that must be completed:

1. Applicant Applies 2.Initial Screening 3. Interview(s)

4. Pre-Employment Assessment 5. O ﬀ er of Employment 6. Background Check

7. Drug Test 8. Orientation and Hire
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18 Processing for Invoices
The accounting is handled here in Santa Ana and are supported by 30 other account personnel located in Blue Bell PA. As a publicly traded company BrightView must be in compliance with the Sarbanes-Oxley (SOX) Act of 2002, this means that we operate under stricter rules for recording corporate ﬁ nancial statements. This also means that we will comply with the city’s billing process and submit to you all records in a timely manner. So that we remain well organized and to reduce administrative time, we have a dedicated Branch Administrator who has the operating software and proceedures in place to best serve the needs our our municipality clients. A simple measure to provide one single point of contact for any city employee that needs to resolve billing inquiries.

All Project Managers and Supervisors are supported by a new BrightView App which provides them with the tools they will need, such as a complete trainer guides and skills matrix. This program not only Increases team member satisfaction and retention, it also ensures the delivery of ready, trained, safe and enabled crews who provide consistent, quality service to our customers. With ongoing training and coaching they will acquire new skills and develop professionally and grow in their careers at BrightView.

QUALIFICATIONS AND EXPERIENCE OF THE FIRM
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19 June 28, 2018 BrightView kicked oﬀ as a publicly traded company with stocks open for trade under NYSE: BV
Off eror’s is a wholly owned subsidiary of BrightView Holdings, Inc., publicly traded on the NYSE. All fi nancial information can be found on reputable fi nance portals and also can be located on Off eror’s investor page which holds all SEC fi lings at:
https://investor.brightview.com/fi nancials-and-fi lings/sec-fi lings/default.aspx For other years or older info, we can provide abbreviated fi nancials, in the case that you require more detail please let us know.

Summary of Key Financial Data:

Ali Mortazavi <[email protected]>
Susan DeSantis <[email protected]>
Joshua Dake <[email protected]>
Stephanie Johnston <[email protected]>

FINANCIAL STABILITY
Fiscal 2020
Year Ended: Sep 2020
Fiscal 2019
Year Ended: Sep 2019
Cash $157.1M $ 39.1M
Accounts Receivable $319.2M $ 333.7M
Investments N/A N/A
Other Current Assets $55.7M $ 44.5M
Total Assets $3,071.0M $ 2,928.6M
Current Liabilities $450.1M $ 332.7M
Total Liabilities $1,799.5M $ 1,644.8M
Stockholder’s Equity $1,271.5M $ 1,283.8M
Gross Profit $595.3M $ 638.2M
Operating Expenses $527.4M $ 452.2M
Income from Continuing Operations $245.1M $ 129.7M
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20 We are an Equal Employment Opportunity employer and shall not discriminate against any employee or applicant for employment based on race, religion, color, gender, age, marital status, sexual orientation, AIDS or AIDS-related symptoms. We comply with the Federal Immigration Act and do thorough background checks on our employees through E-verify and request a drug test through Alere Toxicology Solutions program called “MyeScreen,” a web based application. Prospects get to visit the nearest Concentra Facility or Mededpost facility The City Supervision team is already well acquainted with our Personnel, they are the key staﬀ that will be involved with the decision and execution of PARKS & LANDSCAPE MAINTENANCE SERVICES. The Senior staﬀ and Newly promoted and seasoned member Sabas, AND Foremen, laborers, and irrigation technicians will remain in place upon award of the contract. The following chart describes the project ﬂ ow and organization of the communication roads within the personnel assigned to the project:

KEY PERSONNEL
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22 KEY PERSONNEL
PO CHEN Vice President & General Manager, Greater Orange County 949.338.5501 | [email protected]
As Vice President & General Manager at BrightView, Po has had the unique experience of leading part or all of its three major divisions: Landscape Architecture, Landscape Construction, and Landscape Maintenance over the past 12 years. Po currently leads the company’s Orange County operations, responsible for over 600 staﬀ . Prior to that, he led BrightView’s largest, ﬂ agship Development branch, responsible for nearly 400 staﬀ . The branch built many iconic and successful landscapes including (but not limited to):

The Orange County Great Park, UC Merced Campus Expansion, Los Angeles County Museum of Art (LACMA), and the Four Seasons Hualalai (Hawaii).

Po earned his MBA from the University of Pennsylvania’s Wharton School majoring in Organizational Management and Human Resources, and holds dual degrees in Political Science and English from UC Berkeley.

RESPONSIBILITIES: Greater Orange County Operations and Development DARIN SHERLOCK Operations Manager, Greater Orange County 949.614.9148 [email protected]
Darin has been involved in the landscape industry for over 11years, and he has over 28 years of customer service and client retention. Darin brings to our customers an extensive knowledge of fertigation and the understanding and application of various fertilizers and soil amendment products. He also brings a vast knowledge of developing and implementing various new technologies and applying them to each job.

ROJECTS: City of Lake Forest, City of Anaheim, Anaheim Disneyland Resort, City of San Juan Capistrano, OCTA, City of Fountain Valley, City of Costa Mesa, City of Laguna Woods, City of Laguna Beach, City of Brentwood, City of Oakley
RESPONSIBILITIES: Customer Relations, Project Coordinating, Overseeing Supervisory Staﬀ , Overseeing Work Quality, Scheduling, Consultant and Sales, Equipment and Inventory Control, Budgeting, Problem Solving and more.

LUIS VILLARRUEL VELASCO Account Manager
714.296.7938 | [email protected] Luis has been in the professional landscape services industry for the past ten years. He has a passion for work in the ﬁ eld and leaped to the immediate position with us as a Foreman and has been managing the chemical applications and enhancement work. With BrightView he has grown at an exemplary level and manages several of our most prestigious accounts.

Prior he had ﬁ ve year’s experience as an irrigator and is experienced in water management, sports ﬁ eld management, spray tech, and arbor care.

He collaborates with colleagues and endeavors, has managed projects of over 150 acres and crews of 35 people. He is also experienced in creative 288
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
23 KEY PERSONNEL
LUIS ARELLANO Production Manager
657.242.7719 | [email protected]
Luis has been in the professional industry well over 20 Years. He had been working as a Foreman in the post maintenance division for a Landscape Construction company since 2001 and before that he had worked for another large Landscape Construction ﬁ rm where he gained Union accreditation as Journeyman through extensive training. He joined our team in the Summer of 2015 in the elevated position of Irrigator for the prestigious contract at the Anaheim Disneyland Resort. He assisted the renovations team and Quickly escalated to Production Manager for Laguna Woods, Spectrum I-5/I-405 Interchange and ﬁ nally for the City of Costa Mesa. Here he Is the backbone of team uniﬁ cation and elevating the team’s strengths. Luis works closely with upper management to meet city requirements. He works closely with the laborers to help guide them and improve themselves and build a career with us. He believes that this is the key to putting out quality work to our clients and has invested heavily in keeping crew members organized and thoroughly following through with their progress. He has molded himself to be like staﬀ members he looks up to. He likes to teach, he likes to have goals, loves to learn and work with teams and listen to the crew’s needs. His moto is discipline, organization and earning the trust of your peers is essential to putting out impeccable work.

ROJECTS: Costa Mesa Parks and Facilities
RESPOSABILITIES: Irrigation System, Water Management, Sports ﬁ eld maintenance, Turf Renovations, Large Equipment Operator, Tree pruning, Crew Management and training, Day-to-Day work ﬂ ow.

SABAS PADILLA HERNANDEZ Production Manager
714.296.7941 | [email protected]
Sabas is responsible, agreeable and always willing to work with everyone.

He has been in the landscape ﬁ eld for 15 years. He has a passion for work in the ﬁ eld, began his career in the industry from the bottom and has rightfully earned a higher position and the respect of our team. Although his early aspirations were far from landscaping by earning his degree in Communications to follow the path of radio host; now our staﬀ and clients beneﬁ t from an excellent communicator, who leads by example and inspires his crew daily. He works in close communication with labor, technicians, Brightview management and city management to ensure smooth daily operations. He is heavily committed to produce quality work, always installations, estimating, purchasing and inventory management.

ROJECTS: City of Costa Mesa, I-5/I-405 Spectrum Interchange, City of Laguna Woods, City of Cypress
RESPOSABILITIES: Irrigation System, Water Management, Inﬁ eld prepping, Sports Turf Management, Renovations, Purchasing, Scheduling, Time Management, Crew Management, Overseeing Work Quality.
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24 CHRISTIAN GALINDO Certiﬁ ed Chemical Technician
949.324.3486 | [email protected]
Christian graduated from University of Florida and furthered his studies at the University of Delaware. He’s been is the industry for over 20 years and has experience in retail, construction and excels in display horticulture, design and agronomics and is currently the OC regional QAL. He was the lead horticulturist for Estate Gardens by ValleyCrest where he was in charge of the maintenance of high proﬁ le residential estates in Malibu/Beverly Hills.

CREDENTIALS:

B.S. Environmental Horticulture - University of Florida M.S. Public Horticulture - University of Delaware
California Qualiﬁ ed Applicator No. 126268 (Categories: B,C)

KEY PERSONNEL
KRISTI FALLIAUX Regional EH&S Manager
818.472.8892 | [email protected]
Kristi is a recent transfer from our SoCal Northwest Region where she supported the safety eﬀ orts in both SoCal NW and Golf over the last eight months. Prior to BrightView, Kristi spent over 15 years in the environmental industry (Waste Management) where she focused on ﬁ eld succession mentoring, enhancement team member engagement and creating a world class safety culture. In addition to her extensive OSHA regulatory knowledge, Kristi is a Certiﬁ ed Environmental Specialist and is a subject matter expert in the Resource Conservation Recovery Act (RCRA) and Hazardous Material Management (HazMat). searching for new ideas to be more eﬃ cient, tests them and coaches the crew. He has been at the front of the inﬁ nite quest of ﬁ nding innovative ideas to reduce cost, work more eﬃ ciently and succeed.

His moto is “No matter what I do or where I am at I will give it my best for myself and for my clients.”
PROJECTS: City of Costa city-wide services , City of Anaheim Alleys and bus stops
RESPOSABILITIES: Leads Daily tailgate meetings, Time Management, Crew Management, Overseeing Work Quality, He takes the lead in coordination of general maintenance and enhancement work, Ensures all equipment on his projects are in working order and operating at the highest standards.
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25 MURRAY COOK Sports Turf Specialist
240.882.0903 | [email protected]
Murray has been with Brightview for 15 years and with over 35 years of professional sports venue management, design and construction experience, he has gained a wealth of knowledge in the design, construction and management of Major Baseball Stadiums and Multi-Sport Complex venues.

His industry knowledge as to the most current methods of sports ﬁ eld design, construction and management has been implemented at sports facilities around the world. He has provided sports venue design and management services in over 30 diﬀ erent countries worldwide.

CREDENTIALS:

Bachelors of Science, Sports Turf Management
Past President of the National Sports Turf Managers Association Major League Baseball’s Oﬃ cial Field Consultant for 25 years PROJECTS: Provided ﬁ eld design and management for over 15 MLB teams including Miami Marlins, San Francisco Giants, Atlanta Braves and the St.

Louis Cardinals
JOHN LAW Director of Technical Services
510.305.1101 | [email protected]
Dr. Law has been with BrightView for 16 years serving as a horticultural project consultant for California, Oregon, Washington, Nevada and Arizona Regions. He is responsible for landscape problem identiﬁ cation and solutions, product research, sustainability, pest management, regulatory compliance and other technical parts of the green industry. He spends most of his time working in the ﬁ eld with landscape Account Managers to eﬃ ciently maintain and enhance commercial landscapes, sports ﬁ elds, college campuses, parks, storm water/artiﬁ cial wetlands and resorts.

CREDENTIALS:

Ph.D. Biological Sciences, University of Rhode Island. Kingston. RI.

M.S. Plant Physiology. University of California. Davis, California.

B.S. Biology. Syracuse University. Syracuse. New York.

OSHA 40-Hour Health and Safety Procedures for Hazardous Waste Site Personnel.

Certiﬁ cate HS389.

California Pest Control Advisor No. AA02097 (Categories: A,B,D,E,G,) LEED Accredited Professional (AP) for Operations + Maintenance (AP O+M) ISA Certiﬁ ed Arborist WC-1032
California Pesticide Applicator License No. 99416 (Categories: A,B,C,D) PROJECTS:

Los Angeles Rams Practice Facility, Thousand Oaks, Ca
Arizona Cardinals Football Stadium, Glendale, Az
College of Marin Sports Field Complex, Kentﬁ eld, Ca
Camarillo Sports Complex, Camarillo, Ca
Specializes in parks and athletic ﬁ elds; inclusive of vertically-drained sand-based sports ﬁ elds, synthetic turf, and full scope landscape & hardscape construction

KEY PERSONNEL
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26 JAMES CARR Regional Irrigation Manager-Southwest Region (Orange County, San Diego, Arizona, Las Vegas New Mexico) 480.823.1734 | [email protected]
James has worked with BrightView since 2017 and oversees Irrigation and Water Management Services for BrightView in the Southwest Region and is also part of BrightView’s Irrigation Training Program.

James has worked in the Irrigation industry since 2004, starting oﬀ in Arizona. He is passionate about irrigation and education always maintaining a curiosity and drive to learn and stay ahead of the industry. He is currently volunteering with the local ALCA to educate and improve the industry standard of Irrigation Work in the state. His passion for education has gone above and beyond in irrigation and overﬂ own into most areas of Landscape that work closely with Irrigation.

CREDENTIALS:

IA Certiﬁ ed Landscape Irrigation Auditor
IA Certiﬁ ed Landscape Water Manager
IA Certiﬁ ed Irrigation Technician
US EPA Water Sense Partner
ABPA - Backﬂ ow Prevention Specialist #03-02931
ISA Certiﬁ ed Arborist- WE-12573A
ALCA ACLP , SLM Certiﬁ ed
ALCA Certiﬁ ed Irrigation Tech Level 1 and 2
Baseline Base Manager Certiﬁ ed
Hunter Certiﬁ ed
Toro Certiﬁ ed
Rainbird Certiﬁ ed
WeatherTRAK Certiﬁ ed
EXTENSIVE EXPERIENCE MANAGING THE FOLLOWING SYSTEMS:

HydroPoint WeatherTRAK
BaseLine BaseManager
RainMaster iCentral/Maxicom
RainBird IQ Cloud Based System
WeatherMatic Smartline
Irritrol/Toro Controllers
Hunter Controllers

KEY PERSONNEL
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38 BrightView has the resources and assets at our disposal to better serve our customers. We have a Full Service Mechanic’s Shop with 2 – full time mechanics that conduct routine maintenance on all trucks and equipment used on all of our jobs. Our crew will have several fully stocked Ford F-250 truck, complete with shovels, brooms, pitch forks, rakes, pruners, wheelbarrow, hoes, chainsaws, Operating Facility
Our Maintenance Team dispatch from the Neighboring City of Santa Ana. Your assigned local Operating Facility will be just 5.2 miles from Costa Mesa City Hall: 1960 S. Yale, Santa Ana, CA 92704. Our Corporate Oﬃ ce is at 27001 Agoura Road, Suite 350, Calabasas, CA 91301.

EQUIPMENT
leaf blowers, burlaps, etc. to manicure each site thoroughly. To ensure public safety traﬃ c control equipment such as warning lights, signs, cones, and ﬁ re extinguishers are also readily available. Some of these trucks will also be equipped with a trailers that will haul all of the mowers and specialty sports turf equipment for each of the job sites. We will have dedicated equipment for Tewinkle and Jack Hammet on site as well as allow access to the Reel Mower to the Los Angeles Chargers Maintenance Staﬀ as directed under SPORTS TURF MAINTENANCE in the scope of work.

Also as a special oﬀ er to the City and in appreciation of having the city of Costa Mesa as our client for the past four years we are including upgrade Reelmaster from the john deer model to the larger Toro.

One each dedicate to Tewinkle and Jack Hammet and one Spray Cart to be dedicated to the entire contract.

Our crew possess the most current and up-to-date tools available, as to the best service this project.

Our shears, trimmers, mowers, and blades are constantly sharpened for the best cutting edge possible, as to not damage the plant materials. Brightview has larger equipment available in house such as boom trucks, tree trimming trucks, bobcats, tractors, dethatchers, slice aerators, etc. for such times when the need arises.

In the following attachment we demonstrate the equipment we currently have available:
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39 Equipment
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40 Equipment
BrightView will upgrade to two
of these units. Each dedicated
for sole use at Tewinkle Park
and Jack R. Hammett Sports
Complex
BrightView will upgrade to this
unit to be dedicated to the
entire contract.

Will upgrade all 2-cycle equipment.
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41 Equipment
307
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
42 Equipment
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Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
43 Equipment
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Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
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Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
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Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
46 October 14, 2021
Mr. Trevor Frey
Risk Management – Insurance Manager
BrightView Landscapes, LLC
980 Jolly Road
Blue Bell, PA 19422
RE: NCCI – INTERSTATE RATING
BrightView Landscape, LLC and its Subsidiaries
BrightView Landscape Services, Inc.

BrightView Landscape Development, Inc.

BrightView Tree Company
BrightView Golf Maintenance, Inc.

Western Landscape Construction
Dear Trevor:

Please allow this letter to serve as confirmation and certification that the Workers Compensation Experience Ratings from NCCI are as follows:

EFFECTIVE DATE OF RATING INTERSTATE RATING

10.1.2021 0.83

10.1.2020 0.

10.1.2019 0.60

10.1.2018 0.53

10.1.2017 0.67

10.1.2016 0.68

10.1.2015 0.67

4.1.2014 0.93

4.1.2013 0.97

4.1.2012 0.96

4.1.2011 0.90
Should you have any questions, or if additional information is required, then please do not hesitate to contact me at 267.252.0388 or [email protected].

Best Regards,
Sean Dent
Account Specialist
Aon | One Liberty Place – 1650 Market Street | Philadelphia, PA 19103 | 215.255.2000 312
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
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49 SUPPORT DOCUMENTS
CREDENTIALS Kristi Falliaux Regional EH&S Manager
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Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
50 SUPPORT DOCUMENTS
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Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
51 SUPPORT DOCUMENTS

CERTIFICATE OF RESOLUTION
BrightView Maintenance Companies
I, Jonathan Gottsegen, Secretary of BrightView Landscapes, LLC, a Delaware limited liability company (the “Company”), do hereby certify that as of the date hereof, the following resolutions have been adopted by the unanimous approval of the Board of Directors of the Comp any and the Board of Directors of the Company’s maintenance subsidiaries listed on Exhibit A (the Com pany and such subsidiaries are sometimes referred to herein as the “Companies”), in accordance with the governing documents of the Companies and that said approvals have not been rescinded, amended or modified:

Authorization to Execute Documents:

RESOLVED, that those individuals listed on Exhibit B hereto are hereby elected and authorized to serve in the offices and for such companies that are indicated therein until their respective successors are elected and qualified or until their earlier resignation, removal or death; FURTHER RESOLVED, that the Board of Directors have authorized a nd they do hereby authorize those individuals listed on Exhibit C hereto, or any of them to execute and deliver in the name of and for and on behalf of the Companies, subject to the limitations set forth i n the Signatory Authority Policy set forth on Exhibit D hereto, any and all bids, addenda, consulting agreeme nts, applications, permits, certificates and contracts, including but not limited to maintenance agreements, non-disclosure agreements, subcontractor agreements, certifications and the renewals and amendments thereof; FURTHER RESOLVED, that the Secretary or Assistant Secretary of the Company is hereby authorized and directed to execute a Certificate of Resolution certifying to the passage of these resolutions; FURTHER RESOLVED, that the Secretary or Assistant Secretary of the Company is hereby further authorized to amend Exhibit C hereto from time to time if he or she determines such amendment is necessary to reflect changes in employment status and/or title of the Company’s employees; FURTHER RESOLVED, that any and all persons, firms, corporations and other entities, including, without limiting effect, public entities, shall be entitled to rely on the authority of any one of the foregoing persons to bind the Companies by the execution and the delivery of any such bids, addenda, consulting agreements, applications, permits, certificates and contracts, including but not limited to maintenance agreements, non- disclosure agreements, subcontractor agreements, certifications and the renewals and amendments thereof; FURTHER RESOLVED, that the authority herein contained shall rem ain in effect until the persons, firm, corporation or other entity relying upon the authority herein contained receive written notice to the contrary and that all previous authorizations heretofore given with resp ect to the matters herein contained are revoked; provided, however, that this revocation shall not affect the validity of any instrument hereinabove referred to that was executed by any person or persons who at t he time of such execution was duly authorized to act.

FURTHER RESOLVED, if due to an emergency situation and the Comp any’s Business Continuity Plan (BCP) is activated by an officers of BrightView Holdings, Inc. all of the Signature Authorities named in Exhibit C hereto shall have the immediate authority and ability to execute and deliver in the name of and for and on behalf of the Companies, without further action need ed to be taken by an officers of the Companies and notwithstanding the limitations set forth in the Signatory Authority Policy set forth on Exhibit D hereto, any and all bids, addenda, consulting agreeme nts, applications, permits, certificates and contracts, including but not limited to maintenance agreements, non-disclosure agreements, subcontractor 317
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
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Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
53 Exhibit A – Subsidiaries
BrightView Landscapes, LLC
BrightView Chargers, Inc.

BrightView Landscape Services, Inc. – CA
BrightView Landscape Services, Inc. – AZ
BrightView Landscape Services, Inc. – CO
BrightView Landscape Services, Inc. – FL
BrightView Landscape Services, Inc. – GA
BrightView Landscape Services, Inc. – NV
BrightView Landscape Services, Inc. – TX
BrightView Tree Care Services, Inc.

BrightView Golf Maintenance, Inc.

BrightView Companies, LLC*
BrightView Funding LLC*

*Elected Officers Only

319
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
54 Exhibit B – Elected Officers
BrightView Landscapes, LLC
Andrew Masterman President and Chief Executive Officer
Jonathan Gottsegen Secretary; Executive Vice President and Chie f Legal Officer John Feenan Executive Vice President and Chief Financial Offic er Jeff Herold President, Landscape Services
Katriona Knaus Treasurer
Robert Tyler Assistant Treasurer
Timothy Wilkinson Assistant Treasurer
Todd Chambers Executive Vice President and Chief Marketing Off icer Brian Bruce Executive Vice President and Chief Information Off icer Susan DeSantis Assistant Secretary
David Hanson Assistant Secretary
Tomas Kuehn Assistant Secretary

BrightView Chargers, Inc.

Jeff Herold President
John Feenan Treasurer
Jonathan Gottsegen Secretary
David Hanson Vice President
Tomas Kuehn Assistant Secretary
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer

BrightView Landscape Services, Inc. – CA
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer
David Hanson Senior Vice President
Joshua Dake Senior Vice President
Todd Chesnut Vice President

BrightView Landscape Services, Inc. – AZ
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer
David Hanson Senior Vice President

320
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
55 BrightView Landscape Services, Inc. – CO
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer
David Hanson Senior Vice President

BrightView Landscape Services, Inc. – FL
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer
Charles Gonzalez Vice President

BrightView Landscape Services, Inc. – GA
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer
Michael Dozier Senior Vice President

BrightView Landscape Services, Inc. – NV
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer
David Hanson Senior Vice President

BrightView Landscape Services, Inc. – TX
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer

321
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
56 BrightView Tree Care Services, Inc.

Jeff Herold Chief Executive Officer and President
Robert Tyler Chief Financial Officer
Jonathan Gottsegen Secretary
David Hanson Senior Vice President
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer
Tomas Kuehn Assistant Secretary

BrightView Golf Maintenance, Inc.

Gregory Pieschala Chief Operating Officer and President Robert Tyler Chief Financial Officer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
B. Todd Bunnell Vice President
Terrance McGuire Vice President
Kevin Neal Vice President
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer

BrightView Companies, LLC
John Feenan Chief Executive Officer, President, Chief Financia l Officer and Treasurer Robert Tyler Senior Vice President, Assistant Secretary and As sistant Treasurer Jonathan Gottsegen Secretary
Tomas Kuehn Vice President and Assistant Secretary
Brian D. Bruce Vice President
Caroline Weilert Vice President
Timothy Wilkinson Assistant Treasurer
Katriona Knaus Assistant Treasurer

BrightView Funding LLC
John Feenan Vice President and Chief Financial Officer Jonathan Gottsegen Vice President and Secretary
Katriona Knaus Treasurer
Robert Tyler Assistant Treasurer
Timothy Wilkinson Assistant Treasurer
Susan DeSantis Assistant Secretary

322
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
57 Exhibit C – Signatory Authority

Individual Title
Jeff Herold President, Evergreen West Division and COO

Michael Dozier President, Evergreen East Division

Jamie Gollotto President, Seasonal Division

Greg Pieschala President, Golf

Murray Cook President, Sports Turf

Brett Urban Sr. Vice President, Finance & CFO BrightView Landsc ape Services

Josh Dake Group SVP, Southwest

Blaine Rigler SVP, Florida Central

Charles Gonzalez SVP, Florida South

Dave Hanson SVP, Rocky Mountain & Northern California

Fred Freund SVP, Northern California

Greg Lewandowski SVP, Mid-Atlantic

Jason Shear SVP, Texas

Ray Nobile SVP, Northeast

Todd Chestnut

SVP, Southeast
TBD SVP, MidWest

Michael Underwood Group Vice President, Northern Cal
Rene Rivera VP, Operations So Cal* ( SVP authority per Delegation of Authority form)

Andrew Hart VPF, Seasonal Division

Ali Mortazavi

VPF, Evergreen West Division
Gordon Bainbridge VPF, Evergreen East Division

Meredith Nicklas VPF, Mid-Atlantic

323
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
58 Katriona Knaus VP, Treasurer

Trevor Frey

Insurance Manager
Aaron Lott Director, Finance, Rocky Mountain

Christian Nunez Director Finance, NorCal

Stephanie Johnston Director, Finance, Southwest

Edwin Gonzalez Regional Finance Manager, Florida South

Jeremy Sweeney

Regional Finance Manager, Florida Central

Maria Rosas Regional Finance Manager, SoCal Northwest

Matt Furey

Regional Finance Manager, Evergreen West

Mitchell Dyson Regional Finance Lead, Texas

Tina Padgett Regional Finance Manager, Southeast

Virgil Mcclendon Regional Finance Manager, Northeast

Adam Budniak VPGM, Los Angeles North

Andrew Mori VPGM, Los Angeles South

Chris Greene VPGM, Virginia South

Christopher Jones VPGM, Upper MidWest

David Howell VPGM, San Diego County

JD Gillen VPGM, Rocky Mountain/CO & Utah

Jon Hasbrouck VPGM, Arizona

Jose Zepeda VPGM, Florida South

Karine Stuimer VPGM, San Jose

Kevin Mefford VPGM, High Desert

Mark Cruzan VPGM, Florida Southwest

Matt Bevill VPGM, Northwest

Mike Soares VPGM, Sacramento Valley

324
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
59 Nick Patterson

VPGM, Inland Empire
Po Chen

VPGM, Orange County and Greater OC Market
Ray Lewis VPGM, OH/PA

Scott Godfrey VPGM, Ventura

Scott Sifton VPGM, North CarolinaͲRaleigh,Charlotte,RTParkandGreensboro

Tariq Ahmed VPGM, PennDel

Tony Vargas VPGM, San Francisco Market

Wayne Shiveley VPGM, Virginia North, Virginia North Tree

Brandon Steene GM, Cupertino /Mountain View

Brian Ostler GM, IE TCS- 49290
David Palmer GM, Boston, Boston Tree, Dorchester & Connecticut

Dennis Smith GM, Florida Southeast

Jim Abbott GM, Florida North

Justin Trimble GM, Northern California

Justin Wooley GM, DFW

Marc Fortson GM, AtlantaͲJohnsCreek,Marietta,SouthAtlantaandNorthAtlanta

Melissa Harris GM, Indiana & Prairie

Nathan Pyle GM, Austin

Nick Carabetta GM, Delaware, Harrisburg, Freehold, Allentown, L ehigh and PA Tree

Paul Richau GM, Florida West

Scott Sikora GM, Florida North

Scott Smith GM, MidͲSouthͲGreenville,Charleston,NashvilleandMemphis.

StevenBrackinGM GM,PanHandleͲEmeraldCoast,SantaRosaBeachandOcala Valerie True GM, South Texas

325
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
60 Aaron Strange Branch Manager Ocala
Abraham Garcia Branch Manager Pasadena
Amanda Bender Branch Manager West Los Angeles
Andrew Lenz Branch Manager Dallas Central
Andy Benoot Branch Manager Pontiac
Anthony Armenia Branch Manager Delaware
Anthony Mader Branch Manager Ontario
Ashlynn Hayes Branch Manager Dallas North/Prosper
Aurora Marin Branch Manager Reno Residential* (SVP authority per Delegation of Authority form)
Ben Strickland Branch Manager GTL Austin
Bill Lahey Branch Manager Dorchester
Bradley J. Hill Branch Manager Denver West
Brandon Schiff Branch Manager Exxon Campus
Brian Glure Branch Manager Chicago Northwest
Brian Hartman Branch Manager Northeast Atlanta
Brian Laugen Branch Manager NYC
Brian Roof Branch Manager Connecticut
Bridget Cahill Senior Branch Manager Montgomery
Bryan Tompkins Branch Manager Arizona Tree
Chad Dean Branch Manager Poway
Chad Norris Branch Manager GTL South Austin
Chad Olsen Branch Manager Sports Turf
Chris Barnard Branch Manager John's Creek
Chris John Branch Manager R T Park
Chris Miska Branch Manager Woodlands
Chris Morris Branch Manager Kansas City
Chris Muth Branch Manager Lorton
Chris Steiner Branch Manager Las Vegas West
326
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
61 Chris Webber Branch Manager Central Jacksonville
Christian Galindo Branch Manager Orange County South
Christian Ibarra Branch Manager Fort Myers & North Port Christian Talbot Branch Manager GES Outsourced
Christopher John Branch Manager Wellington
Clint Christman Branch Manager San Jose
Craig Hoying Branch Manager Indy Turf & Zionville
Damian Dela Vega Branch Manager Miami Beach
Dan Ott Branch Manager Greensboro
Daniel Franke Branch Manager Martinez
Danny Wilcox Branch Manager Emerald Coast
Darby Gilmer Senior Branch Manager Haltom City
Darin Sherlock Branch Manager Greater Orange County
David Bryant Branch Manager Chesterfield
David Collier Branch Manager Benchmark New Braunfels
Dennis Lazicky Branch Manager Allentown
Derek Buehler Branch Manager Lake Nona & South Orlando
Derek Martindale Branch Manager Salt Lake City
Deriek Chapman Branch Manager Freehold
Dora Sullivan Branch Manager Benchmark Austin D
Doug Reedy Branch Manager Long Island
Douglas Klug Branch Manager West Michigan
Dunja Duranovic Branch Manager South San Francisco
Ed Smola Senior Branch Manager Dallas West
Ed Watson Branch Manager Hudson Highlands
Eric McClenahan Branch Manager Sacramento Tree
Eric O’Neil Branch Manager Nashville
Frank Esqueda Branch Manager West Phoenix
327
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
62 Gaston Nesci Branch Manager Orange County North
Gerrad Hill Branch Manager Los Angeles
Glen Killmer Branch Manager GK Tucson West
Glenn Fritts Branch Manager Portland
Greg Davis Branch Manager Cincinnati North
Jacob Langley Branch Manager San Diego Tree
Jake Rhines Tree Care Manager Sarasota Tree
James Newton Senior Branch Manager Alexandria
Jason Kingan Branch Manager Harrisburg
Jason Synowski Branch Manager Stuart
Jeff Pilz Branch Manager Chicago South
Jeffrey Prange Branch Manager Minneapolis
Jeffrey Wood Senior Branch Manager Hillside
Jeroen Wright Branch Manager Pleasanton
Jim Jordan Senior Branch Manager Longboat Key
Joe Ferro Branch Manager Pembroke & Sunrise
Joe Johnson Branch Manager Virginia Beach
John Cornelius Branch Manager Sun City
Jon Berg Branch Manager East Phoenix
Jon Delisle Branch Manager Charlotte
Jon Gregorius Branch Manager Windermere
Joor Bol Branch Manager Roseville
Jose Zepeda Senior Branch Manager Homestead & South Florida Tre e Joseph Armarosa Branch Manager St. Pete
Joseph Schlottman Branch Manager Santa Clarita
Josh Grussendorf Branch Manager Denver North
Josh Phillips Branch Manager Dallas South
Judy McNew Branch Manager Colorado Springs
328
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
63 Justin Cooke Branch Manager Columbus West
Justin Hatchett Branch Manager Washington DC
Justin Schink Branch Manager Bucks
Kaela White Tree Care Manager San Jose Tree
Katie Hawkins Branch Manager San Francisco Tree
Keith Kauffman Branch Manager PA Tree & Lehigh University Kelsey Fox Branch Manager Palo Alto
Kurt Knotts Branch Manager Memphis
Kyle Kramer Branch Manager Chino Hills
Larri Werner Branch Manager Woodinville
Larry Neuhoff Senior Branch Manager San Diego Central
Larry Trujillo Branch Manager GK Albuquerque
Laura Gianono Branch Manager Chicago Northeast
Lazaro Ramos Branch Manager Ventura
Leon Vitort Branch Manager Riverside
Luis Caballero Branch Manager Denver East
Maritza Miranda Branch Manager Benchmark San Antonio A & D Mark Bower Branch Manager Las Vegas East
Mark Flinchbaugh Senior Branch Manager Richmond
Mark Lanteigne Branch Manager East Tampa & West Florida Tree Mark Watkins Branch Manager Eastern Shore
Matt Bevill Branch Manager Renton
Matt Braun Branch Manager Englewood
Matt Yutzey Branch Manager White Marsh
Matthew Berry Branch Manager San Ramon Tree
Melissa Thompson Branch Manager San Joaquin
Michael Black Branch Manager East Bay Tree
Michael Soares Branch Manager Sacramento
329
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
64 Mike Bohn Branch Manager Benchmark Corpus Christi
Mike Guthrie Branch Manager GES Sanford
Mike Morgan Branch Manager Fredericksburg
Mike Murphy Branch Manager Southlake
Mike Ney Branch Manager Yerba Buena & San Jose South
Nelson Craig Branch Manager Sun Valley
Nick Moore Branch Manager Dallas East/Plano
Nick Patterson (Interim) Tree Care Manager Inland Empire Tree Nick Perez Branch Manager GK Gilbert
Paul James Branch Manager Cincinnati South
Paul Rudd Branch Manager Dallas North
Pedro Botello Branch Manager GK Las Vegas
Peter Pietras Branch Manager Milwaukee
Richard Kier Sr. Branch Manager Pro Scapes Northeast
Richard Seaman Branch Manager Central Tampa
Rob Dwyer Branch Manager Shamong
Rob Panarese Branch Manager Albany
Robert Gregory Branch Manager Louisville
Rodney Hicks Branch Manager Jacksonville
Ryan Burr Branch Manager Monterey Bay
Ryan Dippold Branch Manager Fishers
Ryan Gentry Branch Manager San Diego South
Ryan Lehrter Branch Manager Williamsburg
Ryan Maffei Branch Manager Savannah & Hilton Head
Ryan Powalisz Branch Manager Katy
Ryan Silva Branch Manager Walnut Creek
Ryan Smith Branch Manager Anne Arundel
Ryan Wilson & Darby Gilmore Branch Manager GTL Fort Worth 330
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
65 Sal Navarro Senior Tree Care Manager Los Angeles South Tree Samuel Miller Branch Manager Cleveland East
Scott Andre Branch Manager Orange County Central
Scott Cervo Branch Manager Livermore
Scott Godfrey (interim) Branch Manager Conejo Valley, North LA Tree Scott Goss Tree Care Manager Chicago Tree
Scott Kopitskie Branch Manager Central Jersey
Scott Lieb Senior Branch Manager Cherry Hill
Scott Stewart Branch Manager Benchmark Austin B
Scott Warnick Branch Manager Baltimore
Scott Wasilefski Branch Manager Prince George
Sean Stroub Branch Manager Indy West
Seth Trautman Branch Manager Columbus East
Shane Lal Branch Manager GK Tucson East
ShawnLesko Branch Manager 4 Seasons
Shawn Rommerdahl Branch Manager Lake Buena Vista & Central Flor ida Tree Steve Brackin Branch Manager Santa Rosa Beach
Steve Goodhart Branch Manager Canton
Steve Hokenstad Branch Manager Puyallup
Steve Pratt Branch Manager Temecula
Steven Anders Branch Manager Menlo Park
Tad Selders Branch Manager Chicago Central
Tariq Ahmed Senior Branch Manager Exton & Exton Tree
TBD Branch Manager Boonton
TBD Branch Manager Santa Clara
TBD Branch Manager Longwood
TBD Branch Manager East Orlando
TBD Branch Manager Hayward
331
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
66 Terry Mahoney Branch Manager Carlsbad
Terry McLane Branch Manager North Tampa
Tim Liebmann Tree Care Manager Orange County Tree
Tim Mehigan Branch Manager Dulles
Tim Scott Branch Manager Reno Install
Tim Sokolowski Tree Care Manager North LA Tree
Tim Walker Branch Manager Raleigh
Todd Thompson Senior Branch Manager Chantilly
Tom Hartland Branch Manager Hunt Valley/Howard
Trey Dupont Branch Manager Reno Commercial* ( GM authority per Delegation of Authority form)
William Schell Branch Manager North Port

332
Parks & Landscape Maintenance Services: Business Proposal RFP No. 22-10 | .
67 Exhibit D - Signatory Authority Policy
Authority to execute service con tracts for the Company is grant ed to a limited group of officers (“Authorized Signer”). Such signature authority is not a matter of preference or informal policy; rather, it is a directive set by the Company’s Board of Directors. The Signature Authority outlined below applies to each Landscape Services entity and is in addition to the review and approval requiremen ts set forth in BrightView’s Contract Policy & Procedure Guidelines.

MAINTENCE SIGNATURE AUTHORITY
ONLY AUTHORIZED SIGNERS S H A L L SIGN A CONTRACT ON BEHALF OF THE COMPANY.

IF THE OFFICER’S TITLE DOES NOT APPEAR IN THE TABLE BELOW AND YOUR NAME DOES

NOT APPEAR ON A CERTIFICATE OF RESOLUTION SUCH PERSON IS N O T A N

AUTHORIZED SIGNER AND D O N O T H A V E A U T H O R I T Y TO SIGN A CONTRACT ON BEHALF OF THE COMPANY. IF AN EMPLOYEE EXECUTES A CONTRACT WITHOUT BEING

AN AUTHORIZED SIGNER, THE EMPLOYEE IS SUBJECT TO DISCIPLINE BY BRIGHTVIEW, UP TO AND INCLUDING TERMINATION OF EMPLOYMENT.

AUTHORIZED SIGNER* MAINTENANCE SERVICE CONTRACTS

CFO or COO for Maintenance Services

x All Services contracts and Service Provider agreements and related documents

Division President; SVP; Group
President; Group SVP; Group VP;
VPF; Regional Finance Manager;
Regional Finance Lead; Director,
Finance
x All BV Landscape Services contracts and Service Provider agreements with an annual value <$1M in the division,
region(s); or market for which they have responsibility VPGM & GM+ x Any Services contracts (excluding fixed fee snow) and Service Provider agreements with an annual value <$50K in the
market(s) for which they have responsibility
x Any Landscape Services contract (excluding fixed fee snow) and Service Provider agreements that are on a pre-approved BrightView template with no changes and an annual value <$250K for the market(s) for which they have responsibility x Any Landscape Services contract (excluding fixed fee snow) and Service Provider agreements that are on a pre-approved BrightView template with changes and an annual value
<$50K for the market(s) for which they have responsibility x I-9 certifications for the market for which they have responsibility
Sr. BM & BM x Non-recurring enhancement or tree service <$100K for the branch(es) for which they have responsibility
x Any internal contract issued from a BV entity to a BV branch(es) (i.e., BES to BVL, LLC; BVLD to BVLS, Inc., etc.) x Lien releases and lien waivers
Elected Officers x Any BrightView Document
Vice President Treasurer, Insurance
Manager, Claims Director
x All Bonds and other insurance related documentation

*DoesnotincludeNationalAccountMastersorBEScontracts +VPGM&GMsignatoriesmaysigninplaceofaBMsignatoryonlyforthemarketforwhichtheyhave responsibility.
333

EXHIBIT C FEE SCHEDULE
334
BrightView Landscape Services, Inc.
prepared by Nancy Arredondo - Estimating — 1960 S Yale St, Santa Ana, CA 92704 T:(714)931.0864 E: [email protected]

PARKS & LANDSCAPE

MAINTENANCE

SERVICES
RFP No. 22-10

COST PROPOSAL
335

TABLE OF CONTENTS
ii
Parks & Landscape Maintenance Services: Cost Proposal
RFP No. 22-10 | .

COVER LETTER

ATTACHMENT B - COST PROPOSAL
Pricing Summary Form
Detailed Service Area Pricing
Extra Work Pricing Sheet
1 2-3
4-12
13-14
336
Parks & Landscape Maintenance Services: Cost Proposal
RFP No. 22-10 | .
1 Thank you for the opportunity to submit our proposal once more to the City of Costa Mesa. The amount proposed for RFP No. 22-10 is TWO MILLION, THREE HUNDRED SIXTY-FOUR THOUSAND, SIXTY AND SIXTY CENTS ($2,364,060.60) ANNUAL.

Respectfully,
BrightView Landscape Services, Inc.

Greater Orange County
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RFP No. 22-10 | .
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65,011.99 780 ,143.88
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15,760.40 189 ,124.80
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92,592.07 1 ,111,104.84
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12 21,670.54 260,046.48

1,970.05 23 ,640.60
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EXHIBIT D CITY COUNCIL POLICY 100-5
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BACKGROUND Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub-grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa’s commitment to a drug-free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub-grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition; SUBJECT DRUG-FREE WORKPLACE POLICY NUMBER 100-5 EFFECTIVE DATE 8-8-89 PAGE 1 of 3
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SUBJECT DRUG-FREE WORKPLACE POLICY NUMBER 100-5 EFFECTIVE DATE 8-8-89 PAGE 2 of 3 b. Establishing a Drug-Free Awareness Program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; 353

SUBJECT DRUG-FREE WORKPLACE POLICY NUMBER 100-5 EFFECTIVE DATE 8-8-89 PAGE 3 of 3 g. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. 2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub-grantee has made a false certification under paragraph 1 above; b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub-grantee has failed to make a good faith effort to provide a drug-free workplace. 3. Should any contractor and/or sub-grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub-grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law. 354

Costa Mesa City CouncilApril 19, 2022

Costa Mesa City Council
April 19, 2022