Agenda packet — Costa Mesa City Council, May 20, 2025 (part 1 of 3)

CITY OF COSTA MESA
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, May 20, 2025
*Note: All agency memberships are reflected in the title "Council Member" 3:00 P.M. Special Closed Session
Council Member Reynolds will be attending the meeting via Zoom Webinar from:
915 L Street
Sacramento, CA 95814
The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having technical difficulties or experiencing any other critical issues, and unless required by the Brown Act, the meeting will continue in person.

TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements.

Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.

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.

Closed Captioning is available via the Zoom option in English and Spanish.

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1 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda May 20, 2025
As a courtesy, the public may participate via the Zoom option.

Zoom Webinar: (For both 3:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
https://us06web.zoom.us/j/89982812676?pwd=oX6BGzSScr92QUVyg1m0SN8HSTnoqj.1 Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 899 8281 2676/ Password: 772583
• 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 3:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 899 8281 2676/ Password: 772583 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.

Note, if you have installed a zoom update, please restart your computer before participating in the meeting.

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].

Any written communications, photos, or other materials for copying and distribution to the City Council that are 10 pages or less, can be e-mailed to [email protected], submitted to the City Clerk’s Office on a flash drive, or mailed to the City Clerk’s Office. Kindly submit materials to the City Clerk AS EARLY AS POSSIBLE, BUT NO LATER THAN 12:00 p.m. on the day of the meeting.

Comments received by 12:00 p.m. on the day of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.

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2 REGULAR CITY COUNCIL AND HOUSING
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Agenda May 20, 2025
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.

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. This includes items submitted for the overhead screen during the meeting. Items submitted for the overhead screen should be 1 page and provided to the City Clerk prior to the start of the meeting. 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, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.

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. Agendas and reports can be viewed on the City website at https://costamesa.legistar.com/Calendar.aspx. Las agendas y los informes se pueden ver en español en el sitio web de la Ciudad en
https://www.costamesaca.gov/trending/current-agendas/spanish-city-council-agendas.

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3 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda May 20, 2025
In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR

35.102.35.104 ADA Title II].

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4 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda May 20, 2025
SPECIAL CLOSED SESSION - 3:00 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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Ohio House, LLC v. City of Costa Mesa, USDC, Central District of CA, Case No. 8:19 cv 01710 DOC (KESx)

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: Insight Psychology and Addiction, Inc. v. City of Costa Mesa, U.S. District Court, Central District of California, Case No. 8:20 cv 00504 JVS JDE

4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
APN: 424-051-23; Property: 778 Shalimar Drive, Costa Mesa, CA 92627 Agency Negotiators: Cecilia Gallardo-Daly, Assistant City Manager Negotiating Parties: Dominic Bulone
Under Negotiation: Price and Terms of Payment

5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
Fairview Developmental Center; APN: 420-012-16
Property: 2501 Harbor Blvd., Costa Mesa, CA 92626
Agency Negotiators: Cecilia Gallardo-Daly, Assistant City Manager Negotiating Parties: State of California
Under Negotiation: Price and Terms of Payment

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5 REGULAR CITY COUNCIL AND HOUSING
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Agenda May 20, 2025

6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
APN: 140-041-81
Property: 3333 Susan Street, Costa Mesa, CA 92626
Agency Negotiator: Cecilia Gallardo-Daly, Assistant City Manager Negotiating Parties: Legacy Partners
Under Negotiation: Price and Terms of Payment

7. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Cecilia Gallardo-Daly, Assistant City Manager Name of Employee Organization: Costa Mesa Police Association (CMPA)

8. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Cecilia Gallardo-Daly, Assistant City Manager Name of Employee Organization: Costa Mesa Police Management Association (CMPMA)

9. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Cecilia Gallardo-Daly, Assistant City Manager Name of Employee Organization: Costa Mesa City Employees Association (CMCEA)

10. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Cecilia Gallardo-Daly, Assistant City Manager Name of Employee Organization: Costa Mesa Confidential Unit

11. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Cecilia Gallardo-Daly, Assistant City Manager Name of Employee Organization: Costa Mesa Division Managers Association

12. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Cecilia Gallardo-Daly, Assistant City Manager Name of Employee Organization: Costa Mesa Confidential Management Unit

13. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Cecilia Gallardo-Daly, Assistant City Manager Name of Employee Organization: Costa Mesa City Executive Unit

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Agenda May 20, 2025

14. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - TWO CASES
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.

15. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION - ONE CASE Pursuant to California Government Code Section 54956.9 (d)(4), Potential Litigation Name of Case: City and County of San Francisco, et al. v. Trump, USDC N . Dist. of CA, Case No. 25-cv-01350-WHO

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7 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda May 20, 2025

REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY MAY 20, 2025 – 6:00 P.M.

JOHN STEPHENS
Mayor

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

ARLIS REYNOLDS LOREN GAMEROS Council Member - District 5 Council Member - District 2

JEFF PETTIS MIKE BULEY Council Member - District 6 Council Member - District 1

KIMBERLY HALL BARLOW CECILIA GALLARDO-DALY City Attorney Assistant City Manager

CALL TO ORDER

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE

MOMENT OF SOLEMN EXPRESSION
[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. Presentation: Recognition of Corrina Ruffini - CIF Diving Championship

2. Presentation: Recognition of NMUSD Student Athletes
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Presentations and Consent Calendar items may also be heard at this time. Comments are limited to 3 minutes, or as otherwise directed.

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8 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda May 20, 2025

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 3 minutes. Additional comments will be heard at the end of the meeting.

1. Council Member Pettis

2. Council Member Buley

3. Council Member Gameros

4. Council Member Marr

5. Council Member Reynolds

6. Mayor Pro Tem Chavez

7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY

CONSENT CALENDAR
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.

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL

ORDINANCES AND RESOLUTIONS
25-304
RECOMMENDATION:

City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions.

2. READING FOLDER 25-305
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Back Bay Gardens HOA, Johnny Guevara, Elena Montoya, Shannon Raab, John Raab.

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9 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda May 20, 2025

3. ADOPTION OF WARRANT RESOLUTION 25-297
RECOMMENDATION:

City Council approve Warrant Resolution No. 2734.

1. Summary Check Registration 4-24-25

2. Summary Check Registration 5-1-25
Attachments:

4. MINUTES 25-307
RECOMMENDATION:

City Council approve the minutes of the Special Study Session of April 22, 2025.

1. 04-22-2025 Draft MinutesAttachments:

5. PROFESSIONAL SERVICES AGREEMENT WITH GALLS, LLC FOR

UNIFORMS, ALTERATIONS AND DUTY GEAR
25-291
RECOMMENDATION:

Staff recommends the City Council:

1. Award a Professional Services Agreement (PSA) to Galls, LLC for uniforms, alterations, and duty gear for an initial two years, effective July 1, 2025-June 30, 2027, with three one-year renewal options for a total not to exceed amount of $175,000 annually.

2. Approve the Consumer Price Index (CPI) escalation and de-escalation.

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

1. CMPD PSA with GALLS LLCAttachments:

6. SECOND AMENDMENT TO THE WASTE DISPOSAL AGREEMENT

WITH THE COUNTY OF ORANGE
25-290
RECOMMENDATION:

Staff recommends the City Council approve the Second Amendment to the Waste Disposal Agreement with the County of Orange.

1. Waste Disposal Agreement

2. Proposed Second Amendment to WDA
Attachments:

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10 REGULAR CITY COUNCIL AND HOUSING
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Agenda May 20, 2025

7. PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL

ENVIRONMENTAL AND TECHNICAL SERVICES LIST
25-263
RECOMMENDATION:

Staff recommends the City Council:

1. Approve and authorize the City Manager and City Clerk to execute a three-year Professional Services Agreement (PSA) with two one-year renewals with each consulting firm listed below from July 1, 2025 - June 30, 2030, in substantially the form as attached and in such final form as approved by the City Attorney for on-call staff support for environmental and technical services:
· Ascent Environmental, Inc.
· Chambers Group, Inc.
· Dudek
· EPD Solutions, Inc.
· First Carbon Solutions
· Kimley-Horn and Associates, Inc.
· LSA Associates, Inc.
· Michael Baker International

2. Authorize the City Manager, or designee, and City Clerk to execute the PSA and future amendments with the above listed firms including any potential increases in compensation as long as the amendments are within the annual budget.

1. RFP and Sample PSAAttachments:

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

CALENDAR
------------------------------END OF CONSENT CALENDAR-------------------------------

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11 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda May 20, 2025
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA

MESA, CALIFORNIA, DESIGNATING LOCAL RESPONSIBILITY AREA

FIRE HAZARD SEVERITY ZONES IN THE CITY OF COSTA MESA, AS

IDENTIFIED BY THE CALIFORNIA DEPARTMENT OF FORESTRY

AND FIRE PROTECTION PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 51178
25-293
RECOMMENDATION:

Staff recommends the City Council introduce for first reading, by title only and further reading waived, Ordinance 2025-xx of the City Council of the City of Costa Mesa, California, designating moderate and high Local Responsibility Area Fire Hazard Severity Zones by map within the jurisdiction of the City of Costa Mesa.

1. Draft Ordinance

2. Fire Hazard Severity Zones Map
Attachments:

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12 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda May 20, 2025

2. PUBLIC HEARING FOR 2025-2029 CONSOLIDATED PLAN,
INCLUDING FISCAL YEAR 2025-2026 FUNDING PRIORITIES FOR

THE COMMUNITY DEVELOPMENT BLOCK GRANT ( CDBG) AND

HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) ,
AMENDED CITIZEN PARTICIPATION PLAN, AND 2025-2029

ORANGE COUNTY REGIONAL ASSESSMENT OF FAIR HOUSING
25-252
RECOMMENDATION:

Staff recommends the City Council:

1. Hold a Public Hearing regarding the 2025-2029 Consolidated Plan, including the 2025-2026 Annual Action Plan and the amended Citizen Participation Plan, and the 2025-2029 Orange County Regional Assessment of Fair Housing.

2. Approve the recommended allocation of $907,261 for the Fiscal Year (FY) 2025-2026 Community Development Block Grant.

3. Approve the recommended allocation of $378,720 for the Fiscal Year (FY) 2025-2026 HOME Investment Partnerships Grant.

4. Adopt Resolution No. 2025-XX (Attachment 1) to:
· Approve the 2025-2029 Consolidated Plan including the 2025-2026 Annual Action Plan and amended Citizen Participation Plan. · Approve the 2025-2029 Orange County Regional Assessment of Fair Housing.
· Authorize the Acting City Manager, or the Acting City Manager ’s designee, to submit the 2025-2029 Consolidated Plan, including the 2025-2026 Annual Action Plan, to the U .S. Department of Housing and Urban Development.
· Designate the Acting City Manager, or the Acting City Manager ’s designee, as the official representative of the City to administer the programs and to execute and submit all required agreements, certifications, and documents required by HUD, and execute all agreements and subrecipient agreements for the use of funds approved in the 2025-2026 Annual Action Plan.

Agenda Report

1. Resolution

2. Draft 2025-2029 ConPlan

3. ConPlan Appendices

4. Public Service Grant Recommendations
Attachments:

OLD BUSINESS: NONE.

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13 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda May 20, 2025
NEW BUSINESS:

1. LEGISLATIVE UPDATE AND APPROVAL OF A LEGISLATIVE

PLATFORM AND LEGISLATIVE MATRIX
25-303
RECOMMENDATION:

Receive and file update on Federal and State budgets from Townsend Public Affairs. Review and adopt the proposed Legislative Platform and recommended legislative positions.

1. Legislative Platform by Strategic Goals

2. Council Policy 000-8

3. Legislative Matrix
Attachments:

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

ADJOURNMENT

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14 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-304 Meeting Date: 5/20/2025
TITLE:

PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
RECOMMENDATION:

City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions.

Page 1 of 1 ends

15 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-305 Meeting Date: 5/20/2025
TITLE:

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

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Back Bay Gardens HOA, Johnny Guevara, Elena Montoya, Shannon Raab, John Raab.

Page 1 of 1 ends

16 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-297 Meeting Date: 5/20/2025
TITLE:

ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR AT (714) 754-5243 RECOMMENDATION:

City Council approve Warrant Resolution No. 2734.

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. 25-08 “A” Off Cycle for $3,049.62 and 25-09 On Cycle for $3,951,788.93, and City operating expenses for $3,275,732.11.

Page 1 of 1 ends

17 Report ID: CCM2001
Bank: clTY
C cle:

City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date Apr 24,2025
Run Time 1 j:48: 1 6 AM
Payment Ref Date Status Remit To Remit 10 Payment Amt 0253285
0253286
04/25/25
04/25/25
P CalPERS Long-Term Care Program
Line Description: Payroll Dedcution 25-09
P Pamela Lilly
Line Description: Payroll Deduction 25-09
0000006287
0000025324
TOTAL

93.96 750.00
$843.96
p- *
8A3-96 +
14E3,li9-7Ly +
1 -558-950-9 +
27v818alf+ +
27-32("95 -
1-609,011-79 *
End of Report 18
City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Report 10: CCM200'l
Bank: DDPI
cle:

Payment Ref Date
019894 04/25/25
019895 04/25/25
019896 04/25/25
019897 04/25/25
019898 04/25/25
019899 04/25/25
019900 04/25/25
019901 04/25/25
019902 D4/25/25
019903 04/25/25
Status Remit To
P Arlis Reynolds
Line Description: SCAG Reginal Conf
P Bryan McMahon
Line Description: Comm Risk Reduction Fire/EMS
P CDW Government Inc
Line Description: DROPBOX RENEWAL
Replacement Printer for Record
P Cecilia Gallardo Daly
Line Description: SCAG Reginal Conf
P Costa Mesa Employees Association
Line Description: Payroll Dedcution 25-09
P Costa Mesa Executive Club
Line Descrrption: Payroll Dedcution 25-09
P Costa Mesa Firefighters Association
Line Description: Payroll Dedcution 25-09
P Costa Mesa Police Association
Line Description: Payro(l Dedcution 25-09
P Costa Mesa Police Management Assn
Line Description: Payroll Dedcution 25-09
P Daniel Holl
Remit 10
0000023997
0000027367
0000005402
0000030706
0000006284
0000006286
0000001812
0000001819
0000005082
0000023321
Page No. I
Run Date Apr 24,2025
RunTime 11:4316AM
Payment Amt
284.40
1 ,500.00
10,559.98
284.40
4,626.71
360.00
8,887.50
6,720.00
315.00
387.00
19 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
ReportlD: CCM2001
Bank: DDPI
Payment Ref Date
019904 04/25/25
019905 04/25/25
019906 04/25/25
019907 04/25/25
019908 04/25/25
019909 04/25/25
019910 04/25/25
019911 04/25/25
019912 04/25/25
Status Remit To
Line Description: SWAR Team Leader
P Doug Ferguson
Line Description: Paramedic License Renewl
P Erik Nippert
Line Description: ICI Core Course
P George Maridakis
Line Description: Field Trng Program SAC Course
P Granicus LLC
Line Description: Annual Description 4/1-6/30/25
P Jared Barnes
Line Description: SWAT Commander Conf
P Jeremy Jimenez
Line Description: Paramedic License Renewl
P Joelle Kurzeja
Line Description: Replacement PR Check #2036454
P John Glasgow
Line Descrrption: Paramedic License Renewl
P Kevin M Ruhl II
Line Description: Chief Fire Officer 3B
Chief Fire Officer 3A
Remit ID
0000012703
0000026147
0000018528
0000015382
000001 4094
0000020048
0000031252
0000008875
0000020438
Page No. 2
Run Date Apr 24,2025
RunTime 11:43:16AA!)
Payment Amt
250.00

80.00 54.00
11 ,969.51
387.00
250.00
161.15
250.00
326.00
20 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date Apr 24,2025
RunTime 11:43:16AM
Report 10: CCM2001
Bank: DDPi
Payment Ref Date Status Remit To Remit 10 Payment Amt 019913
0199al4
019915
04/25/25
04/25/25
04/25/25
P Kevin Reddy
Line Description.' Paramedic License Renewl
P Kyle Myszka
Line Description: ICS 300
P Miniko Tate
Line Description: Replace Payroll Ck #23-22
0000020597
0000029190
0000031251
250.00
360.00

44.09 019916 04/25/25 P Ryan Bohr
Line Description: TESSA Conf
0000027031 333.00
019917 04/25/25 P Sally Ortiz
Line Description.' ICI Core Course
0000026155
TOTAL

80.00 $48,719.74
End of Report 21
Report ID: CCM2001 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date Apr 24,2025
Run Time 1l :45:22 AMBank: clTY
C cle:

Payment Ref Date Status Remit To Remit ID Payment Amt 0253165 04/25/25 P Bound Tree Medical LLC
Line Description: EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
0000011695 39,251 .43
0253166 04/25/25 P Dell Computer Corp
Line Description.' SQL Server Standard Core ALng
0000001962 98,932.56
0253167 04/25/25 P Econolite Systems, inc
Line Description.' P65 Signal Cabinet
0000030165 19,246.22
0253168 04/25/25 P Endemic Environmental Services Inc Line Description.' FVP Wetland Maint 2/16-2/28/25
FVP Wetland Maint 2/1 -2/1 5/25
0000021277 27,061.13
0253169 04/25/25 P Executive Facilities Services Inc Line Description: Janitorial Services - PD
Janitorial Services - BCC
Janitorial Services - DRC
Janitorial Services - Senior C
Janitorial Services - FSI-6
Janitorial Services - Bridge S
Janitorial Services - City Hal
0000029510 52,807.14
22 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Report ID: CCM2001
Bank: CITY
cle:

Payment Ref Date Status Remit To
Line Description: Janitorial Services - Corp Yar
Janitorial Services - PD Commu
Janitorial Services - Police S
Janitorial Services - Fairview
Janitorial Services - All Othe
Janitorial Services - NHCC
Remit 10
Page No. 2
Run Date Apr 24,2025
Run Time 1 1 :45:22 AM
Payment Amt
0253170 04/25/25 P FALCK MOBILE HEALTH CORP.

Line Description: Ambulance Svc 3/1-3/'15/25
Ambulance Svc 3/16-3/31/25
00000al9807 196,621.08
0253171 04/25/25
0253172 04/25/25
0253173 04/25/25
P Ken Grody Ford
Line Descripfion: Reminaing Balance for Cab & Ch
P Pinnacle Petroleum, Inc
Line Description: Unleaded Fuel PD Tank 7
P Superior Pavement Markings Inc
Line Description: Roadline Striping
0000030478
0000029315
0000003955
53,966.58
21 ,970.25
17,519.57
0253174 04/25/25 P Theodore Robins Ford
Line Description: Sales Tax 7.75%
California Tire
2024 F-550 Chassis 4x2 Sd Regu
0000004245 196,256.29
0253175 04/25/25
0253176 04/25/25
P Tovey Shultz Construction Inc
Line Description: Retetion Payable #17-03
Lions Pk Proj #1 7-03/#800032
P Ware Disposal Inc
Line Descriptron: James St Trash March 2025
March 2025 City Facilities
0000025581
0000000255
455,112.44
21,119.74
23 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Report ID: CCM2001
Bank: clTY
cle:

Payment Ref Date
02531 77 04/25/25
Status Remit To
Line Description: Bulky Item March 2025
P West Coast Arborists Inc
Line Description: Tree Maint 3/16-3/31/25
Remit ID
0000004498
Page No. 3
Run Date Apr 24,2025
Run Time 11:45:22 AM
Payment Amt
66,634.00
0253178 04/25/25 P Yunex LLC
Lrne Description: Bristol & Anton- 1A Knockdown
Placentia&18th- IA Knockdown
Harbor & Wilson- PPB Knockdown
Victoria & Canyon- 1A Knockdow
Bristol & Anton- 1A Knockdown
0000029573 19,396.62
0253179 04/25/25
0253180 04/25/25
0253181 04/25/25
0253182 04/25/25
0253183 04/25/25
0253184 04/25/25
P 3A Garage
Line Description: Refund Permit 25020599502
P ARC
Line Description: City Council Mission&Values Ma
Parks Srvs Director
P AVNI Enterprises Inc
Line Description: Stock-Check Valve
P Angel Auto Spa LLC
Line Description: City Car Wash-Mar 2025
PD Car Wash-Mar 2025
P AssetWorks Inc
Line Description: New Window CPU Board
P Atkinson Andelson Loya Ruud & Romo
Line Description: Legal Svc-Feb 2025
0000031235
0000022726
0000030676
0000027 465
0000020210
0000027289
270.00
199.34
212.01
3,428.85
1 ,573.88
2,661 .76
24 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Report ID: CCM2001
Bank: CITY
c
Payment Ref Date Status Remit To Remit 10
Page No. 4
Run Date Apr 24,2025
RunTime 11:45:22AM
Payment Amt
0253185 04/25/25 P Beach Housing Partners LP
Line Description: Rental Assistance-Daniel Noel
0000031198 682.00
0253186
0253187
0253188
04/25/25
04/25/25
04/25/25
P Bernard King
Line Descripfion: Rental Assistance-Trisha Everg
P Blue Cosmo
Line Description: Satellite Phone Svcs-Apr 2025
P Brandice Leger
Line Description: Park & Comm Svc Jan-Mar 2025
0000031254
0000026920
0000030845
370.00
684.92
300.00
0253189
0253190
04/25/25
04/25/25
P Bureau Veritas North America Inc
Line Description: Fire Plan Review
P CBE
Line Description: Copier Maint 3/5-4/4/25
Copier Maint 1/5-2/4/25
Copier Maint 3/20-4/1 9/25
Copier Maint 3/5-4/4/25
Copier Maint 3/5-4/4/25
0000016616
0000015149
125.00
2,026.09
0253191
0253192
04/25/25
04/25/25
P CSG Consultants Inc
Line Description: Consufting Plan Check Srvs
P CaliTornia Forensic Phlebotomy lnc
Line Description: Blood Drawn Svc-March 2025
0000001887
0000001500
5,959.17
6,202.00
25 Report 10: CCM20C11 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Bank: CITY
C cle:

Payment Ref Date
0253193 04/25/25
Status Remit To
P Canon Financial Services Inc
Line Description: Copier Lease -Apr 2025
Copier Lease 2/20-3/1 9/25
Copier Usage-Mar 2025
Copier Lease -Apr 2025
Copier Lease 36/20-4/1 9/25
Copier Lease-Apr 2025
Copier Lease 2/20-3/1 9/25
Remit ID
0000023241
Page No. 5
Run Date Apr 24,2025
Run Time 11:45:22 AM
Payment Amt
6,242.93
0253194 04/25/25
0253195 04/25/25
0253196 04/25/25
0253197 04/25/25
0253198 04/25/25
0253199 04/25/25
0253200 04/25/25
P Cathy Jo Liebel
LineDescription: StlmntPropertyDamage-11/6/24
P City of Newport Beach
Line Description: Shared Maint/Op Jul-Dec 2024
P CityGreen Consulting, LLC
LrneDescription: SB1383ProgCnsltng-Mar2025
P Citygate Associates
Line Descrrption: Professional Services
P Clean Out kings LLC
Line Description: Stlmnt Property Damage-1/13/25
P Community SeniorServ
Line Description: 3rd Qtr-Meal on Wheels
P CoreLogic Information Solutions Inc
Line Description: Properky Data &Rpt-Mar 2025
0000016884
0000003327
0000030471
0000012070
0000031249
0000018540
0000004774
323.25
2,247.88
5,262.50
5,504.00
390.00
7,125.00

13.08 26
Report 10: CCM2001 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Bank: CITY
cle:

Payment Ref Date
0253201 04/25/25
Status Remit To
P Costa Mesa Auto Glass
Line Description: '717-Windshield Repair
778-Windshield Replaced
Remit 10
0000010001
Page No. 6
Run Date Apr 24,2025
Run Time jj:45:22 AM
Payment Amt
761 .07
0253202
0253203
0253204
04/25/25
04/25/25
04/25/25
P Costa Mesa Moving Company Inc
Line Description: Moving storage areas from city
P County of Orange
Line Descriptron: Afis Fee March 2025
P Cristian Garcia Arcos
Line Description: Park & Comm Svc Jan-Mar 2025
0000011098
0000003486
00000307 47
4,790.00
3,325.00
300.00
0253205 04/25/25 P Daniels Tire Service
Line Description: Warehouse Stock
Warehouse Stock
Warehouse Stock
0000001922 10,973.83
0253206
0253207
0253208
0253209
04/25/25
04/25/25
04/25/25
04/25/25
P Dennis Grubb & Assoc. Willdan Engr. Co
Line Description.' Professional Srvs- Anduril
P Dote Wedding & Events
Line Description: Employee Recognition Ceremony

P ECKERSALL LLC
Line Description: Senior GIS Analyst Mar 2025
P Ecolab Pest Elimination
Line Description: Pest Control Svc-Mar 2025
0000030346
0000029619
0000025412
0000024420
431 .24
399.00
495.00
1 ,432.92
27 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Report ID: CCM2001
Bgnk: CJTY
Payment Ref Date Status Remit To Remit ID
Page No. 7
Run Date Apr 24,2025
RunTime 11:45:22AM
Payment Amt
0253210
0253211
04/25/25
04/25/25
P Eduardo Iniestra
Line Description: DJ Srvs Earth Day Festival 25
P Elizabeth Dorn Parker
Line Description: Park & Comm Svc Jan-Mar 2025
0000029307
0000029192
600.00
300.00
0253212
0253213
04/25/25
04/25/25
P Entenmann Rovin Company
Line Description.' Badges
P Expo Propane Inc
Line Description.' Fuel
0000002130
0000017819
603.42
534.83
0253214
0253215
04/25/25
04/25/25
P FM Thomas Air Conditioning Inc
Line Description: NHCC Service Call
P Fair Housing Foundation
Lrne Description: 3rd Qtr-Fair Housing Prog
0000017151
0000019956
450.00
4,680.10
0253216
0253217
0253218
04/25/25
04/25/25
04/25/25
P Fed Ex
Line Description: Ground Delivery
P Federal Technology Solutions Inc
Line Description: UNSCHEDULED LABOR & MATERIALS
P Fire Information Support Services Inc
Line Description: Professional Services Nov&Dec
0000002190
0000024174
0000006757

98.24 1,473.88
1 ,600.00
28 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date Apr 24,2025
RunTime 11:45:22AM
Report ID: CCM2001
Bank: clTY
Payment Ref Date
0253219 04/25/25
0253220 04/25/25
Status Remit To
P Flying Lion Inc.

Line Description: FAA Consulting COA monthly rep
P Forensic Nurse Specialists Inc
Line Description: Victim Physicals
Remit 10
0000030364
0000014039
Payment Amt
2,860.00
2,700.00
0253221 04/25/25 P Galls LLC
Line Description: Uniform-Jonesa
Uniform- B. Osborne
Uniforms- Explorers
Uniform- C. Diaz
Uniform- M. Gonzalez
Uniform- J Vaughn
Uniform- H Guenther
0000002297 3,432.68
0253222 04/25/25 P Grainger
Line Descriptron: Return
Pressure Washing Nozzel Graffi
Hardware
Liquid Transfer Tank4.3l3
Sales Tax 7.75%
Traffic cone sign-reversible a
Shipping Fee
Sales Tax 7.75oA
Airstar light-stand 1 8fi, silv
Hardware
0000002393 2,282.16
0253223 04/25/25
0253224 04/25/25
P Gregory Dill
Line Description: Refund Rec Dep 2008834.002
P Ha To
Line Description: Refund Rec Dep 2008826.002
0000031236
0000031245
100.00

2.00 29
City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Report 10: CCM2001
Bank: CITY
Payment Ref Date
0253225 04/25/25
0253226 04/25/25
0253227 04/25/25
0253228 04/25/25
0253229 04/25/25
0253230 04/25/25
0253231 04/25/25
0253232 04/25/25
0253233 04/25/25
Status Remit To
P Hernan Calderon
Line Description: Stlmt Property Damage-12/2/24
P Hirsch Pipe & Supply Company Inc
Line Description: Plumbing Supplies
P Hoag Executive Health
Line Descrrption: HOAG Wellness Prog-Mar 2025
P Hospital Association of Southern CA
Line Description: ReddiNet Software Renewal - Ex
P IDS Group Inc
Line Description: IT Offices & Trng Rm
P Image Concepts
Line Description: Uniforms
Staff Uniform
P Integrated Impressions
Line Description: Promotional Items Earth Day25
Promotional Items Earth Day 25
P Irv Seaver Motorcycles
Line Description: Tire Repair-Unit #635
Tire Pressure/Batteries
P James B Abeltin
Line Description: Stlmnt Property Damage-8/5/24
Remit 10
0000031248
0000026475
0000030617
0000030553
0000022643
0000026883
0000003403
0000010272
0000031247
Page No. 9
Run Date Apr 24,2025
Run Time 11:45:22 AM
Payment Amt
210.72

89.74 4,670.00
828.00
471 .80
2,288.72
3,279.65
986.95
187.50
30 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date Apr 24,2025
RunTime 11:45:22AM
Report ID: CCM20C)1
Bank: CITY
cle:

Payment Ref Date Status Remit To Remit ID Payment Amt 0253234
0253235
0253236
04/25/25
04/25/25
04/25/25
P Jocob Kulik
Line Description: Refund Rec Dep 2008828.002
P Johnson Controls Fire Protection LP
Line Description: DRC Service Call
P Kelly Brown
Line Description.' Park & Comm Svc Jan-Mar 2025
0000031243
0000026089
0000029489
100.00
124.09
300.00
0253237 04/25/25 P LSA Associates Inc
Line Description.' Peer Review Senior Center
0000003007 gio.oo
0253238 04/25/25 P Linscott Law & Greenspan Engineers Inc Line Description.' On-Call Services 2024-2025
000001 0877 1,110.00
0253239
0253240
04/25/25
04/25/25
P Melad & Associates
Line Description: Consulting Plan Check Srvs
P Mike Raahauges Shooting Enterprises
Line Description: Range Fees SWAT Mar 2025
0000005068
0000006853
4,975.15
575.00
0253241 04/25/25 P Mitsubishi Electric Power Products, Inc.

Line Descrrption: Additional Trouble Shooting
0000029956 620.00
0253242 04/25/25 P Moore lacofano Goltsman Inc
Line Description: FVP Mesa Restoration Jan 2025
0000016407 9,145.00
31 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Report 10: CCM2001
Bank: CIT/'
cle:

Payment Ref Date
0253243 04/25/25
0253244 04/25/25
0253245 04/25/25
0253246 04/25/25
0253247 04/25/25
0253248 04/25/25
0253249 04/25/25
0253250 04/25/25
0253251 04/25/25
0253252 04/25/25
Status Remit To
P Nereyda Quintana
Line Description: Refund Rec Dep 2008832.002
P O Neil Storage
Line Description: Offsite Records Storage
P Orchard View Senior LP
Line Description: Rental Assistance-Helene Kuhn
P PVP Communications Inc
Line Description: Recertification of Radar
P Peace of Mind Financial Consulting Inc
Line Description: Consulting Srvs March 2025
P Pivot Solutions LLC
Line Description: 700-Paint and Body Repair
P Place Works Inc
Line Description: Bi-Weekly Project Meetings
P Premier Security Services Inc
Line Description: Security Camera System Install
P Priority Landscape Services LLC
Line Description: Fairview Park Landscape Mnt Ma
Citywide Young Tree Care Plant
P Prudential Overall Supply
Remit 10
0000031237
0000018395
0000031199
0000006558
0000029150
0000030415
000002:3119
0000002633
0000026592
0000025480
Page N0. 11
Run Date Apr 24,2025
RunTime 11:45:22AM
Payment Amt
250.00
137.63
480.00
440.00
9,460.00
i ,857.69
14,843.75
7,022.64
6,944.00
317.12
32 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Report 10: CCM2001
Bank: CITY
cle:

Payment Ref Date
0253253 04/25/25
0253254 04/25/25
0253255 04/25/25
0253256 04/25/25
0253257 04/25/25
0253258 04/25/25
Status Remit To
Line Description: PD Towel Svc-Mar 2025
P Quadient Inc
Line Description: POSTAGE MACHINE SUPPLIES
P R&M Electrical Contracting
Line Description: Replace Stolen/Vandalized Wiri
P SCA of CA, LLC
Line Description: Quarterly Pressure Wash Bus
P Santa Ana College
Line Description: Post Training
Post Training
P Shayanne Wright
Line Description: Park & Comm Svc Jan-Mar 2025
P Siemens Industry Inc
Line Description: 1st FI AH Shaff&Bearing Motor
Remit ID
0000028798
0000030498
0000029971
0000003752
0000030053
0000002904
Page No. 12
Run Date Apr 24,2025
Run Time jj:45:22 AM
Payment Amt

99.12 7,098.62
2,905.00
1 ,472.00
300.00
11 ,829.41
0253259 04/25/25 P Sign Depot
Line Description: INSTALLATION

ACRYLIC PANEL
SALES TAX (7.75%)

ALUMINUM STANDOFFS

LAMINATE/ACRYLIC SIGN
0000004018 952.31
0253260 04/25/25 P Sims Orange Welding Supply Inc
Line Description: Shop-Welding Supplies
Shop Welding Supplies Late Fee
0000004030 116.48
33 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date Apr 24,2025
RunTime 11:45:22AM
Report ID: CCM2001
Bank: CITY
cle:

Payment Ref Date Status Remit To Remit ID Payment Amt 0253261 04/25/25 P Soroptimist International
Line Description: Refund Rec Dep 2008827.002
0000031244 500.00
0253262 04/25/25 P Stacy Moffatt
Line Description: Sock Design
Drop Card-Promotional Marketng
0000030375 950.00
0253263
0253264
04/25/25
04/25/25
P Starfish Signs & Graphics LLC
Line Description: Damaged, vandalized & defunct
P State of California Dept of Justice
Line Description: Livescan/Fingerprinting Servic
0000030554
0000001534
2,287.16

98.00 0253265
0253266
04/25/25
04/25/25
P Taylor Pack Zuniga
Line Description: Refund Rec Dep 2008829.002
P Terraphase Engineering Inc.

Line Description: PHASE 4 ESA
0000031242
0000031139

65.00 6,000.00
0253267 04/25/25 P The Code Group Inc
Line Description: Consulting Plan Check Services
Consulting Staffing Srvs
Consulting Services
0000025073 6,567.70
0253268 04/25/25 P The Counseling Team International Line Description: Counseling Srvs Oct 2024
Counseling Srvs Nov 2024
Pre-Employment Psych
Pre-Employment Psych
Pre-Employment Psych
0000026352 8,820.00
34 Report ID: CCM200al
Bank: CITY
cle:

City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date Apr 24,2025
RunTime 11:45:22AM
Payment Ref Date Status Remit To
Line Descriptron: Counseling Srvs Sept 2024
Pre-Employment Psych
Pre-Employment Psych
Pre-Employment Psych
Pre-Employment Psych
Pre-Employment Psych
Pre-Employment Psych
Remit ID Payment Amt
0253269 04/25/25 The Home Depot Credit Services
Line Description: General Supplies Graffiti Abat
General Supplies Signs/Marking
Events Entertainment Recreatio
Auto Parts/Supplies Equip Main
General Supplies Street Maint
Plumbing Supplies Bldg Maint
Hardware Supplies Park Maint
Hardware Supplies Bldg Maint
General Supplies Bldg Maint
Health Items Street Maint
Tools Response/Control
Equip Maint Warehouse
Tools Maint Equip
Tools Equip Maint
General Supplies Storm Drain M
0000002560 10,322.66
0253270 04/25/25 The Intersect Group, LLC
Line Description: Temp Dustin C Week End 3/27
0000030170 1 ,320.00
0253271
0253272
04/25/25
04/25/25
Tillmann Forensic Investigation LLC
Line Description: Fingerprint Srvs Mar 2025
Townsend Public Affairs Inc
0000025643
0000021510
462.00
6,825.00
Line Description: Consulting Svc-Apr 2025
35 Report 10: CCM2001
Bank: ctTY
City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date Apr 24,2025
Run Time jl:45:22 AM
C cle:

Payment Ref Date
0253273 04/25/25
Status Remit To
P Tripepi Smith & Assoices Inc
Line Description: Communications Support for Bus
Communications Support for Bus
Remit ID
0000029704
Payment Amt
3,403.75
0253274 04/25/25 P Tropical Acai & Juicery
Line Description: ACAI BOWLS

SERVICE FEE

DISPOSABLE SPOONS
0000029628 4,083.00
0253275 04/25/25 P Turnout Maintenance Company LLC
Line Description: Cleaned Fire Apparel
Cleaned Fire Apparel
Cleaned Fire Apparel
Cleaned Fire Apprel
Cleaned Fire Apparel
Cleaned Fire Apparel
Cleaned Fire Apparel
Cleaned Fire Apparel
Cleaned Fire Apparel
Cleaned Fire Apparel
Cleaned Fire Apparel
Cleaned Fire Apparel
Cleaned Fire Apparel
Cleaned Fire Apparel
Cleaned Fire Apparel
Cleaned Fire Apparel
Cleaned Fire Apparel
000002CY 82 13,718.20
0253276
0253277
04/25/25
04/25/25
P UniFirst Holdings Inc
Line Description: CLEANING SERVICE
P Verified First LLC
Line Description.' Pre-Employment Credit Checks
0000030616
0000027240
71 .40

50.00 36
City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date Apr 24,2025
RunTime 11:45:22AM
Report ID: CCM2001
Bank: CITY
Payment Ref Date
0253278 04/25/25
0253279 04/25/25
0253280 04/25/25
Status Remit To
P Vulcan Materials Company
Line Description: Aspahlt Potholes Sidewalk
P Walters Wholesale Electric Co
Line Descriptron: Circuit Breaker
P Western DC Systems, Inc.

Line Description: Inverter Maintenance Service
Remit ID
0000007 403
0000011706
0000029864
Payment Amt
147.27
166.96
755.00
0253281 04/25/25
0253282 04/25/25
P Western State Law Review
Line Description: Refund Rec Dep 2008831.002
P Wetlands and Wildlife Care Center
Line Description: lMldlife Care Jan-Mar 2025
0000031241
0000030237
600.00
8,125.00
0253283 04/25/25 P Wex Bank
Line Description: Fuel 3/4/25-4/4/25
0000CY 4258 1 ,751 .78
0253284 04/25/25 P Zumar Industries Inc
Line Description: Sign Manufacturing
0000004622 2,138.85
TOTAL $1,558,950.90
End of Report 37
Report ID: CCM2001 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date Apr 22,2025
Bank: CITY Run Time 10:22:33 AM
Payment Ref Date
0253162 04/23/25
Status Remit To
P The Home Depot Credit Services
Line Description: Tools Bldg Maint
Hardware Supplies
Maint Equipment Graffiti Abate
General Supplies Signs/Marking
Tools Equip Maint
Tools Street Maint
Auto Parts/Supplies
Tools Signs/Markings
Equip Maint Warehouse
Tools Response/Control
Expenditures Equip Maint
Health Items Street Maint
General Supplies Bldg Maint
Hardware Supplies Bldg Maint
Hardware Supplies Park Maint
Plumbing Supplies Bldg Maint
General Supplies Street Maint
General Supplies Graffiti Abat
General Supplies Signs/Marking
Maint Equipment Graffiti Abate
Tools Bldg Maint
Hardware Supplies
Tools Equip Maint
Tools Street Maint
Auto Parts/Supplies
Tools Signs/Markings
Equip Maint Warehouse
Tools Response7Control
Expenditures Equip Maint
Health Items Street Maint
General Supplies Bldg Maint
Hardware Supplies Bldg Maint
Hardware Supplies Park Maint
Plumbing Supplies Bldg Maint
General Supplies Street Maint
Remit 10
0000002560
Payment Amt
19,820.95
General Supplies Graffiti Abat
38 Report 10: CCM2001
Bank: CITY
c
City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date Apr 22,2025
RunTime 10:22:33AM
Payment Ref Date
0253163 04/23/25
Status Remit To
P Frieda Stein
Line Description: Refund Ambulance Fee-Ck#245594
Remit ID
0000030454
Payment Amt
497. 19
0253164 04/23/25 P Kaidence Advisors LLC
Line Description: Refybd Permit PVAR-24-0001
Refybd Permit PVAR-24-0001
0000031151
TOTAL
7,500.00
$27,818.14
End of Report 39
ReportlD: CCM2001V
Bank: clTY
C cle:

City of Costa Mesa Accounts Payable

CCM VOID CHECK LISTING
Page No. 1
Run Date Apr 24,2025
Run Time 11:51:24 AM
Payment Ref Cancel Date Status Remit To
0252383 4/22/2025 V Katie Rounds
Line Description: Refund should be issued to company.

Remit ID
0000031151
Payment Date
02/28/25
Payment Amt
(7,500.00)
0252809 4/22/2025 V The Home Depot Credit Services Line Description: Payment was lost. V&R
0000002560 03/28/25 (19,820.95)
TOTAL ($27,320.95)
End of Report 40
City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
RepoflD: CCM2001
Bank: DDP'1
cle:

Payment Ref Date
019918 05/02/25
019919 05/02/25
019920 05/02/25
oigg:i 05/02/25
0-19922 05/02/25
Status Remit To
P Alan F Kent
Line Description: 1 % Supplemental Pay May 2025
P Beckee Cost
Line Description: 1% Supplemental Pay May 2025
P Blake Cole
Line Description: Fresno Training Sympodium
P CDW Government Inc
Line Description: COMPUTER EQUIPMENT
P Chris Moms
Line Description: 1% Supplemental Pay May 2025
Remit ID
0000006393
0000016309
0000029962
0000005402
0000007 439
Page No. 1
Run Date May 012025
Run Time 10:20:39 AM
Payment Amt
2,174.79
946.08
143.31
4,115.68
2,500.00
019923 05/02/25 P Danial Bangle
Line Description: Paramedic Licese Recert
0000017521 250.00
019924 05/02/25
019925 05/02/25
019926 05/02/25
019927 05/02/25
P Danny Hogue
Line Descrrption: 1% Supplemental Pay May 2025
P Darlene Bell
Line Descriptron: 1 % Supplemental Pay May 2025
P David A Dye
Line Description: 1% Supplemental Pay May 2025
P Edward Dryzmala
Line Descriptron: 1 % Supplemental Pay May 2025
0000006802
0000005602
0000002065
0000006686
O- *
206-335-98 +
1,1*60.3B1*-314 +
1*666i720'32 *
1,137.03
580.54
260.90
1 ,377.28
41 Report 10: CCM2001 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date May 01,2025
Run Time 10:20:39 AMBank: DDPI
cle:

Payment Ref Date Status Remit To Remit 10 Payment Amt 019928 05/02/25 P Enda Gutierrez
Line Description: Records Cierk Conf
0000031155 98.00
019929 05/02/25 P Enterprise Rent A Car
Line Description: Undercover Car Rental
Undercover Car Rental
Undercover Car Rental
Undercover Car Rental
0000002131 6,751 .75
019930 05/02/25 P Gale Tuso
Line Description: 1 % Supplemental Pay May 2025
0000017 460 233.08
019931 05/02/25 P Harlan Pauley
Line Description: 1 % Supplemental Pay May 2025
0000003569 232.12
019932 05/02/25 P James M Miller
Lrne Description: 1 % Supplemental Pay May 2025
0000007 440 2,500.00
019933 05/02/25 P Jones Mayer
Line Descriptron: #128835-May
#1 28833-Leik
#1 28836-Mood
#128817-Coats
#1 28837-Moyer
#128838-Munoz
#1 28840-Olive
#1 28844-Peper
#128813-Becker
#1 28825-Harvey
#128839-Nasiri
#1 288zH-Opioid
#128842-Oshiro
0000014653 174,865.28
42 Report 10: CCM2001
Bank: DDP1
cle:

City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date May 01,2025
RunTime 10:20:39AM
Payment Ref Date Status Remit To
Line Description: #128831-Jahanbin
#1 28845-Percival
#1 28852-Schaefer
#1 2881 2-Alexander
#1 28851-Salehpour
#12881 1-Abdulmagid
#128821-DBO Investment
#128829-Insight Psychology
#128810-440 Fair Dr/1179 NP
#128820-DAlessio Investment
#128688-IT
#1 28700-PD
#1 28682-FDC
#1 28692-May
#128691-Leik
#1 28677-Coats
#4 28693-Moyer
#128694-Munoz
#128696-Peper
#1 28672-Becker
#1 28702-Querry
#1 28786-Opioid
#128683-Finance
#4 28686-Housing
#1 28784-Holland
#1 28687-Percival
#1 28689-Jahanbin
#1 28698-Phillips
#1 28706-Schaefer
#128684-Fire Dept
#128685-Hive Live
#'l 28704-Risk Mgnt
#128705-Salehpour
#1 28783-Alexander
#1 28665-2162 Maple
#1 28670-Abdulmagid
#128674-City Clerk
#1287C)1-Public Svc
Remit 10 Payment Amt
#1 28703-Recreation
43 Report ID: CCM2001
Bank: DDPI
cle:

City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date May 01,2025
Run Time 10:20:39 AM
Payment Ref Date Status Remit To
Line Description: #128707-Veramancini
#1 28662-1 858 Newport
#128663-1963 Wallace
#128666-2280 Newport
#128667-374 Woodland
#128676-City Manager
3128679-City Council
#128673-City Attorney
#128661-113 Clearbrook
#128669-544 Bernard St
#128671-Animal Control
#128675-City Clerk PRR
#128680-DBO Investment
#128687-Human Resource
#128681-Development Svc
#128678-Code Enforcement
#128690-Jamboree Housing
#1286601 095 Sea Bluff Dr
#128785-Insight Psycology
#128668-440 Fair Dr/1179 NP
#128695-Parks & Community Svc
Remit ID Payment Amt
019934 05/02/25 Jordan Kiesz
Lrne Description: Fresno Symposium
0000026660 193.31
019935
019936
019937
05/02/25
05/02/25
05/02/25
Kathleen Zuorski
Line Description: 1 % Supplemental Pay May 2025
Linda Boylan
Line Description: 1 % Supplemental Pay May 2025
Matthew J Collett
0000025225
0000023340
0000001720
504.52

57.98 856.58
Line Description: 1% Supplemental Pay May 2025
44 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date May 01,2025
RunTime 10:20:39AM
Report 10: CCM2001
Bank: [)DPI
c
Payment Ref Date
019938 05/02/25
Status Remit To
P Paul A Cappuccilli
Line Descriptron: 4oA Supplemental Pay May 2025
Remit 10
0000007705
Payment Amt
1 ,214.50
019939 05/02/25 P Phil Dickens
Line Description: 1% Supplemental Pay May 2025
0000005801 !511 .76
019940 05/02/25 P Richard J Johnson
Line Description: 1oA Supplemental Pay May 2025
0000005620 1,255.66
019941 05/02/25 P Steve Airey
Line Description: Paramedic License Recert
0000014747 250.00
019942 05/02/25 P Thomas J Lazar
Line Description: 4oA Supplemental Pay May 2025
0000002925 1 ,703.25
019943 05/02/25 P William H Bechtel
Line Description: 1 oA Supplemental Pay May 2025
00000C)1224
TOTAL
1 ,622.58
$206,335.98
End of Report 45
City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Report ID: CCM2001
Bank: clTY
Payment Ref Date
0253287 05/02/25
0253288 05/02/25
0253289 05/02/25
0253290 05/02/25
0253291 05/02/25
0253292 05/02/25
0253293 05/02/25
0253294 05/02/25
0253295 05/02/25
Status Remit To
P All City Management Services Inc
Line Description: Schl Crsng Guard 3/16-3/29/25
P Benefit Coordinators Corp
Line Description: Dental Ins Prem-May 2025
P Cabco Yellow Inc
Line Description: Sr Medical Transptn-Feb 2025
P Ellenoff Grossman & Schole LLP
Line Description: Settlement-5/9/24
P Endemic Environmental Services Inc
Line Description: FVP Wetland Maint 3/1-3/15/25
FVP Wetland Maint 3/16-3/31/25
P Ford Fleet Care
Line Description: Repair-April 2025
Parts-April 2025
P Mercy House
LineDescription: RentalAssistancel0/1-12/31/24
Shelter Operations-Jan 2025
P Michael Baker International Inc
Line Description: Residential Development
Consulting Srvs
P PLC Law Group APC
Line Description: ExcessiveForce Stlment-8/21/22
Remit ID
0000009480
0000029594
0000028576
0000031261
0000021277
0000026262
0000003138
0000024229
0000031257
Page No. 1
Run Date May 01,2025
Run Time 1:19:41 PM
Payment Amt
18,065.15
44,958.00
23,725.50
400,000.00
31 ,082.63
17,588.75
394,008.01
17,445.00
60,000.00
46 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date May 012025
Run Time 1:19:41 PM
Report ID: CCM2001
Bank: CITr'
cle:

Payment Ref Date Status Remit To Remit ID Payment Amt 0253296
0253297
05/02/25
05/02/25
P Priceless Pet Rescue
Line Description: Shelter & Adoption Srvs Apr 25
P S&H Civilworks
Line Description: Sidewalk Repair Proj
On Call Sidewalk Repair
0000026000
0000026648
40,000.00
20,835.87
0253298 05/02/25 P West Coast Arborists Inc
Line Description: Tree maint 1/1-1/15/25
Tree Planting 4/1-4/15/25
0000004498 122,727.00
0253299 05/02/25 P AJ Portables Inc
Line Description: Earth Day Portable Restrooms
0000029728 650.00
0253300 05/02/25 P ARC
Line Description: Emergency Booklet
Color Posters
Marathon Route Poster
0000022726 1,114.29
0253301
0253302
0253303
05/02/25
05/02/25
05/02/25
P Amtech Elevator Services
Line Description: CH Elevator Maint-Apr 2025
P B & H Photo Video Inc
Lrne Description: AUDIO & VISUAL EQUIPMENT
P BCS Consultants
Line Description: LABOR
0000013616
0000006056
0000029856
1 ,600.00
1,102.90
10,100.00
47 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Report ID: CCM2001
Bank: CITY
cle:

Payment Ref Date
0253304 05/02/25
0253305 05/02/25
0253306 05/02/25
0253307 05/02/25
0253308 05/02/25
0253309 05/02/25
0253310 05/02/25
0253311 05/02/25
0253312 05/02/25
Status Remit To
P Berlitz Languages Inc
Lrne Description: Bilingual Testing
P Bureau Veritas North America Inc
Line Descrrption: Dup Payment Credit-R124005696
FS#4 Plan Chcek
P CAPF
Line Description: Firefighters LTD-May 2025
P CBE
Line Description: Copier Maint 3/5-4/4/25
Copier Maint 2/5-3/4/25

P CHUBB
Line Descrrption: Long Term Care Ins-Apr 2025
P CLEA
Line Description: Police Officers LTD-May 2025
P Canon Financial Services Inc
Line Description: Late Fee-IT
P City Net
Line Description: Street Outreach-Feb 2025
Street Outreach-Jan 2025
P City of Huntington Beach
Line Description: Helicopter Svc-Jan 2025
Helicopter Svc-Feb 2025
Remit 10
0000029611
0000016616
0000004755
0000015149
0000031158
0000004754
0000023241
0000029222
0000002599
Page No. 3
Run Date May 01,2025
Run Time 1:19:4f PM
Payment Amt
605.00
734.74
2,625.50
195.07
1 ,697.82
3,680.00

25.00 463.87
5,584.50
48 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Report ID: CCM2001
Bank: clTY
cle:

Payment Ref Date
0253313 05/02/25
Status Remit To
Line Description: Helicopter Svc-mar 2025
P Community Catalyst
Line Description: Consulting Srvs
Remit ID
0000030590
Page No. 4
Run Date May 01,2025
Run Time 1:19:41 PM
Payment Amt
8,000.00
0253314 05/02/25 P Continental Interpreting Services Inc Line Description: Interpreting Svcl/24/25
Interpreting Fee-CC Mtng
Interpreting Fee-CC Mtng
0000024355 1 ,650.00
0253315 05/02/25
0253316 05/02/25
0253317 05/02/25
P Cortland Crandal
Line Description: Refund Permit BIRF-25-0020
Refund Permit BIRF-25-0019
P Costa Mesa Chamber of Commerce
Line Description.' CC Mbrshp 1 1/1/24-3/31/25
P Costa Mesa Lock & Key
Line Description: Duplicate Key
Replace Lever @ FS#5
0000031259
0000004963
0000001817
2,07 4.61
3,820.00
285.58
0253318 05/02/25 P County of Orange
Line Description: Teletype Service Mar 2025
CMFR Radio Repair Oct 24
Radio Repair Dec 2024
0000003486 8,960.13
0253319 05/02/25
0253320 05/02/25
P Crash Data Group Inc
Line Description: Cables PD Traffic
P Cristando House Inc
Line Description: POST Trng-Civilian Police Ldsh
0000025364
0000001872
14,427.74
960.00
49 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Report 10: CCM2001
Bank: clTY
Payment Ref Date Status Remit To Remit 10
Page No. 5
Run Date May 012025
Run Time 119:41 PM
Payment Amt
0253321
0253322
0253323
0253324
0253325
0253326
05/02/25
05/02/25
05/02/25
05/02/25
05/02/25
05/02/25
P Daniels Tire Service
Line Description: Warehouse Stock
Warehouse Stock
P Data Ticket Inc
Line Description: Prkng Citation Process-Mar 25
P Digital Magic Signs
Line Description.' Vehicle Graphics4507
P Evalcorp
Line Description: Evaluation Srvs
P Federal Technology Solutions Inc
Line Description: Install Network Drops @ Dev. S
P Fieldman Rolapp & Associates Inc
Line Description: CDAR Fee
CDIAC-Marks Roos Rpt
0000001922
0000010929
0000012837
0000030475
0000024al74
0000024519
4,581.12
6,365.98
1 ,435.84
10,000.00
5,888.04
3,289.50
0253327
0253328
05/02/25
05/02/25
P Galls LLC
Line Description: Uniform-Hickman
Uniform-Stocking
Uniform-Martinez
Uniform-Stafford
Uniform-Marquez
Uniform-G. Maridakis
Uniform- J Chavez
P Grafix Systems
0000002297
0000031016
2,362.98
1 ,828.99
50 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Report ID: CCM2001
Bank: clTY
Payment Ref Date Status Remit To
Line Description: Graphic4506
Remit ID
Page No. 6
Run Date May 01,2025
Run Time 1:19:41 PM
Payment Amt
0253329 05/02/25 P Grainger
Line Description: Hardware
Hardware
Hardware
Hardware
0000002393 1,019.19
0253330
0253331
05/02/25
05/02/25
P HdL Coren & Cone
Line Description: Property Tax Svc Jan-Mar 2025
Property Tax Svc Apr-Jun 2025
P Heliodyne Corp
Line Description: Solar Hot Water Heater-FS #1
0000007882
0000031156
5,170.61
4,012.89
0253332 05/02/25 P Hirsch Pipe & Supply Company Inc Line Description: Plumbing Supplies
Plumbing Supplies
Plumbing Supplies
Plumbing Supplies
0000026475 354.09
0253333
0253334
0253335
05/02/25
05/02/25
05/02/25
P Image Concepts
Line Description: Uniforms-Parks
Uniforms-Parks
P JC Motors
Line Description: Warehouse Stock
P Johnson Favaro LLP
Line Description: Lions Parks Project
0000026883
0000020143
0000023249
1,366.87
847.62
3,997.33
51 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Report ID: CCM2001
Bank: CITY
cle:

Payment Ref Date
0253336 05/02/25
0253337 05/02/25
0253338 05/02/25
0253339 05/02/25
0253340 05/02/25
0253341 05/02/25
0253342 05/02/25
0253343 05/02/25
0253344 05/02/25
0253345 05/02/25
Status Remit To
P Kelly Spicers Stores
Line Description: Presentation Bond
P Keyser Marston Associates Inc
Line Description: FTHB Program
P Kimley Horn & Associates Inc
Line Description: Safe Routes to School Plan
P Knorr Systems Inc
Line Description: DRC Pool Chemical
P Langlois Fancy Frozen Foods
Line Description: Jail Food Services
P Lexipol LLC
Line Description: LEFTA FTO SOFTWARE SUPPORT
P Lyons Security Service Inc
Line Description: Sr Cntr Security Svc-Mar 2025
P Monument Row
Line Description: 778 Shalimar Reloation-Mar 25
P National Data & Surveying Services
Line Description: Volume&Speed Traffic Counts
Volume & Speed Traffic Counts
P Noah Holland Torgeson
Remit ID
0000029500
0000002824
0000005251
0000005036
0000030651
0000017141
0000027168
0000030907
0000021249
0000030405
Page No. 7
Run Date May 012025
Run Time jl 9:4!1 PM
Payment Amt
609.37
2,135.00
9,911 .50
544.03
254.50
5,919.48
4,800.00
892.20
905.00
300.00
52 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date May 01,2025
Run Time 1:19:41 PM
Report ID: CCM2001
Bank: CITY
cle:

Payment Ref Date Status Remit To
Line Description: DJ Svc-Wild West Dance
Remit ID PByment Amt
0253346 05/02/25 P Norwood Management LLC
Line Description: May 2025 Rent
0000029243 13,659.00
0253347 05/02/25 P Office Depot
Line Description.' Office Supplies City Manager
Office Supplies Telecom Ops
Office Supplies Engineering
Office Supplies City Clerk
Office Supplies-Marketing
Office Supplies-Finance
Office Supplies- Police
Office Supplies Police
Office Supplies Parks
Office Supplies Police Records
Office Supplies Fire
0000003394 6,908.30
0253348
0253349
0253350
0253351
0253352
05/02/25
05/02/25
05/02/25
05/02/25
05/02/25
P Orange County Mosquito & Vector Control
Line Description: Inspect&Treat FVP Mar 2025
P Orange County United Way
Line Description: Refund Rec Dep 2008843.002
P Pacific Advanced Civil Engineering Inc
Line Description: CIP Budget Preparation
P Petty Cash Fund Narc Program
Line Description: Replenish SIU Expense Fund
P Pivot Solutions LLC
Line Description: Rapair4502
0000021750
0000011 831
0000014386
0000001833
0000030415
201.15
600.00
6,006.00
10,000.00
3,089.26
53 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date May 01,2025
Run Time 1:19:41 PM
Report ID: CCM2001
Bank: CITY
Payment Ref Date Status Remit To Remit ID Payment Amt 0253353 05/02/25 P RPW Services Inc
Line Description: Rodent Control
Rodent Control
Rodent Control
Rodent Control
Rodent Control
Rodent Control
0000012440 3,450.00
0253354
0253355
05/02/25
05/02/25
P Red Wing Business Advantage Account
Line Description.' Uniform Installer T Thompson
P STV Construction Inc
Line Description: Lions Park Project-Cafe Buildi
0000003772
0000024848
i77.79
10,132.00
0253356
0253357
05/02/25
05/02/25
P SVT Fleet-Anaheim
Line Description: Radiator4523
P SiteOne Landscape Supply LLC
Line Description: Materials for Trees
Materials for TeWinkle Complex
0000030535
0000024133
7,013.75
7,849.37
0253358 05/02/25 P Southern California Shredding Inc Line Description: On-Site Shredding Services
On-Site Shredding Services
On-Site Shredding Services PD
0000025605 245.00
0253359 05/02/25 P Spectrum Gas Products
Line Description: Medical Lg Cyl Rent
Medical Lg Cyl Rent
Medical Lg Cyl Rent
Medical Lg Cyl Rent
0000012653 1 ,720.33
54 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Report ID: CCM2001
Bank: CITY
Payment Ref Date
0253360 05/02/25
Status Remit To
Line Description: Oxygen Medical
Hydrotest Oxygen Portable
Oxygen Medical
Labor Parts Misc
Oxygen Medical
Medical Lg Cyl Rent
Oxygen Medical
Medical Lg Cyl Rent
Medical Lg Cyl Rent
Medical Lg Cyl Rent
P State of California Dept of Industrial
Line Description: CA DIR Inspection Fee
Remit ID
000000i540
Page No. 10
Run Date May 01,2025
Run Time 1:19:41 PM
Payment Amt
225.00
0253361 05/02/25 P Stradling Yocca Carlson & Rauth
Line Description: Professional Legal Srvs Oct 24
Profession Legal Srvs Jan 2025
Legal Srvs Jan 25 Palmblade
0000004168 2,976.00
0253362 05/02/25
0253363 05/02/25
0253364 05/02/25
0253365 05/02/25
P Tarzanna Shayne
Line Description.' Refund Rec Dep 2008844.002
P The Bank of New York Mellon
Line Description: Mellon act-Dec 2024
Qtrly Svc Fee Jan-Mar 2025
P The Intersect Group, LLC
Line Description: Temp Dustin C Week End 4/4
P The Say)er Group Corp
Line Description: Trash&Debri Removal Caltrans P
0000031258
0000005664
0000030170
0000030033
100.00
3,663.34
1 ,680.94
5,184.00
55 Report ID: CCAQ2001 City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Bank: CITY
cle:

Payment Ref Date
0253366 05/02/25
0253367
0253368
0253369
0253370
05/02/25
05/02/25
05/02/25
05/02/25
Status Remit To
P Transtech Engineers Inc
Line Description: Om-Call Staff Support for Dev
P Trellis
Line Description: Love Costa Mesa 2025 Spnsrshp
P LIS Bank
Line Description: Payroll 25-08
P UniFirst Holdings Inc
Line Description.' CLEANING SERVICE
P Verizon Wireless
Line Description: Calnet NextGen Broadband-2/28/
Remit ID
0000026910
0000025584
0000002228
0000030616
0000008717
Page No. 11
Run Date May 01,2025
RunTime 1:19:41 PM
Payment Amt
6,984.00
3,000.00
6,968.62
71 .40
1,855.57
0253371 05/02/25 P Verizon Wireless
Line Description: WIRELESS PHONE 3/18-4/17/25
Subnet Broadway 1/18-2/17/25
WIRELESS PHONE 3/18-4/17/25
WIRELESS PHONE 3/18-4/17/25
WIRELESS PHONE 3/18-4/17/25
Subnet Broadband 2/18-3/17/25
0000008717 11,105.36
0253372
0253373
05/02/25
05/02/25
P Vortex Industries Inc
Line Description.' FS #6 Door Repair
FS #4 Door Repair
P Waterline Technologies Inc
Line Description: DRC Pool Treatment
0000004437
0000014520
2,498.00
464.03
56 Report 10: CCM2001
Bank: clTY
City of Costa Mesa Accounts Payable

SUMMARY CHECK REGISTER
Page No.

Run Date May 01,2025
Run Time 1:19:41 PM
Payment Ref Date
0253374 05/02/25
Status Remit To
P Westates Marking Devices
Line Description: Desk Name Plates & Stamps
Remit ID
0000004505
Payment Amt
1 ,390.34
0253375 05/02/25 P Wintech Solutions Inc
Line Description: Repaid Window Tint @ Dev Svc
0000012563 1 ,581 .00
TOTAL $1,460,384.34
End of Report 57

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-307 Meeting Date: 5/20/2025
TITLE:

MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council approve the minutes of the Special Study Session of April 22, 2025.

Page 1 of 1 ends

58 Minutes – Special Study Session April 22, 2025 Page 1 of 3

SPECIAL STUDY SESSION MEETING OF THE CITY COUNCIL
APRIL 22, 2025 – 5:00 P.M.

CALL TO ORDER – The Special Study Session meeting was called to order by Mayor Stephens at 5:02 p.m.

ROLL CALL

Present: Council Member Buley, Council Member Gameros, Council Member Pettis, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Absent: None.

SPECIAL STUDY SESSION ITEM:

1. FISCAL YEAR 2025-26 PROPOSED CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET AND FIVE-YEAR (2025-26 TO 2029-30) CIP STUDY SESSION Presentation by Ms. Molina, Finance Director, Mr. Sethuraman, Public Works Director, Mr. Yang, City Engineer, Mr. Bauer, Deputy Director of Public Works, Mr. Ryan, Maintenance Services Manager, and Mr. Martin, Transportation Services Manager.

Public Comments:

Flo Martin spoke in support of Active Transportation Projects.

Maria Theresa Lopez submitted a petition for a new pedestrian crosswalk on Placentia Avenue at Center Street.

Silvia Lopez requested a new pedestrian crosswalk on Placentia Avenue at Center Street.

Carla Hernandez requested a new pedestrian crosswalk on Placentia Avenue at Center Street.

Christian Lopez, Costa Mesa Amigos, requested a new pedestrian crosswalk on Placentia Avenue at Center Street, spoke on engaging the Spanish community with communications in Spanish, holding separate community meetings, and requested outreach to the youth that use the bus services.
59 Minutes – Special Study Session April 22, 2025 Page 2 of 3 Roberto Herrera, Resilience Orange County, thanked City staff and the City Council for assistance on the Palmar Street alleyway improvements, and spoke on the petition for a pedestrian crosswalk on Placentia Avenue at Center Street.

Speaker, spoke in opposition of the emergency exemption for the CAN ordinance.

Speaker, spoke on a letter they submitted regarding being in support of $250,000 annually for the Westside park development, inquired if it would be a partial or full waiver of the CAN ordinance, inquired which funds would pay for the library park bond, and inquired on the total amount proposed for capital purposes for 2025-26.

Cynthia McDonald spoke in opposition of a traffic signal at Belfast Avenue and requested it to be removed from the CIP list.

Speaker, spoke in support of the Brentwood Park project moving forward, and spoke on grants available.

Jake Comer spoke in support of active transportation projects, spoke in opposition of the City conducting an Orange County Power Authority study.

Richard Huffman spoke in opposition of a traffic signal at Belfast Avenue and requested it to be deferred or eliminated.

Speaker, expressed appreciation for the bollards, bike paths, and safety enhancements around the City.

ACTION:

The City Council provided direction on the proposed deferred Capital Projects for Fiscal Year (FY) 24-25, the 2025-26 Proposed Capital Improvement Program (CIP) Budget and the Five-Year (FY 2025-26 to FY 2029-30) CIP, requested additional clarification on the CAN Ordinance, considered the initial and alternative list of deferred projects and made the following observations:
 The Sewer Line Improvement Project should not be deferred as it addresses critical infrastructure needs and may result in more expensive repairs in the future.
 Improvements to the Senior Center, which is used by many seniors and serves a vulnerable population, are necessary.
 There are funds available in the Golf Course and Tennis Center project that can be targeted for deferral.
 The Golf Course is a revenue-generating establishment and needs improvements to address various issues concerning both the golf course grounds and clubhouse.

ADJOURNMENT – Mayor Stephens adjourned the Special Study Session at 7:30 p.m. 60 Minutes – Special Study Session April 22, 2025 Page 3 of 3 Minutes adopted on this 20th day of May, 2025.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
61 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-291 Meeting Date: 5/20/2025
TITLE:

PROFESSIONAL SERVICES AGREEMENT WITH GALLS, LLC FOR UNIFORMS, ALTERATIONS

AND DUTY GEAR
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: JASON CHAMNESS, CAPTAIN
CONTACT INFORMATION: JASON CHAMNESS, CAPTAIN, 714-754-5272 RECOMMENDATION:

Staff recommends the City Council:

2. Approve the Consumer Price Index (CPI) escalation and de-escalation.

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

BACKGROUND:

The Police Department provides uniforms for both professional staff and sworn employees and has a staff of approximately 240 employees. The City has been purchasing uniforms and equipment from Galls, LLC utilizing the City of Los Angeles Cooperative Agreements, Contract ID Nos. 59463 and 59457. The City of Los Angeles operates the term of the Galls, LLC contracts on a revolving three- month renewal period which has created invoicing and accounting issues for City staff.

The City will be better equipped to manage a multi-year purchasing contract with Galls, LLC, that aligns with the fiscal year. This contract will streamline the procurement of hundreds of uniform and gear purchases throughout the year. Establishing a direct contract with Galls, LLC will enhance oversight and efficiency. Since the City's annual expenditures on uniforms, alterations, and duty gear exceed $100,000, a formal bidding process is required.

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62 File #: 25-291 Meeting Date: 5/20/2025
ANALYSIS:

On February 5, 2025, the City issued an Invitation for Bid (IFB) for uniforms, alterations, and duty gear as required by the City of Costa Mesa Municipal Code. The IFB was posted on the Planet Bids website. One bid was received from Galls, LLC and was reviewed for compliance with the City’sIFB.

After careful review of the bid, staff finds Galls, LLC to be well qualified and experienced to provide uniforms, alterations and duty gear. The costs provided by Galls, LLC were determined to be competitive and commensurate with the requested services and commodities.

Staff recommends that the City Council award the initial two-year PSA effective July 1, 2025 - June 30, 2027, with three one-year renewals to Galls, LLC for uniforms, alterations, and duty gear in the amount not to exceed $175,000 annually.

ALTERNATIVES:

The City Council could redirect staff to re-advertise the IFB. However, staff believes that the alternative would not result in locating a higher-rated company with more competitive pricing than received in the initial process. Additionally, staff is not aware of additional local vendors that could meet the CMPD’s requirements for uniforms, alterations, and duty gear.

FISCAL REVIEW:

The funding for this agreement will be included in the Fiscal Year 2025-26 Proposed Operating Budget in the General Fund (Fund 101) and future Police Department Operating Budgets.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this report and the Professional Services Agreement (PSA) with Galls, LLC and approved them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

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

Staff recommends the City Council:

2. Approve the Consumer Price Index (CPI) escalation and de-escalation.

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

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CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT

WITH GALLS, LLC

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of July, 2025 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and Galls, LLC, a Delaware limited liability company (“Consultant”).

RECITALS

A. City proposes to utilize the services of Consultant as an independent contractor to provide uniforms and duty gear for the Costa Mesa Police Department, as more fully described herein; and

B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and

C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; 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 conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the profess ional services described in City’s Invitation for Bid, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.

1.2. Professional Practices. All professional services to be provided by Consultant 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. Consultant 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 Consultant’s performance of this Agreement.

1.3. Performance to Satisfaction of City . Consultant 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:

(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;

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(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

1.4. Warranty. Consultant warrants that it 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; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including a ttorneys’ 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 Consultant’s performance under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Consultant 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 s ection 12940 of the Government Code.

1.6. Non-Exclusive Agreement. Consultant 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. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosur e is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “B,” attached hereto and made a part of this Agreement. Consultant’s total annual compensation shall not exceed One-Hundred Seventy-Five Thousand Dollars ($ 175,000.00).

Consultant agrees not to raise Consultant’s prices during the initial two (2) years of this Agreement. Thereafter, if the Agreement is extended pursuant to Section 4.1, Consultant may 65 3
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request in writing at least sixty (60) days prior to June 30, 2027, a price increase based on an increase in the Consumer Price Index for All Urban Consumers for the Los Angeles-Long Beach- Anaheim area (CPI). The adjustment will be determined by using the May index for the current year and the May index for the preceding year. However, in no event shall any increase in Consultant’s prices exceed two percent (2%) . Consultant’s written request for a price increase, and Consultant’s revised prices shall be based upon such CPI increase. The price increase shall become effective on the first day after the initial two (2) year period of the Agreement.

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee, prior to Consultant 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. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. 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 Consultant’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 and Completion 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. Said services shall be performed in strict compliance with the Project Schedule approved by City. The Project Schedule may be amended by mutual agreement of the parties. 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, pandemics (excluding COVID-19), 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 66 4
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failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the p arties 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 p arty 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.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of twenty-four (24) months, ending on June 30, 2027, 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 both 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 Consultant.

The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant 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 Consultant for reasonable costs incurred and professional 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. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant 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 A.M. Best’s Rating Guide, and approved by City:

(a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket 67 5
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contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate.

(b) Business a utomobile 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 limit per accident for bodily injury and property damage.

Consultant 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 Consultant 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 “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant 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 Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”

(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 Consultant’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 ins urance 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.
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(e) The Consultant’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 addi tional 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. Consultant 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 Consultant 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 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 C ity 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.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant 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 Consultant in the performance of this Agreement.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant 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 communicati on 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 69 7
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communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Galls, LLC
1340 Russell Cave Road
Lexington, KY 40505
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (844) 464-2557 Tel: (714) 754-5272
Attn: Moriah Rudiger Attn: Jason Chamness

Courtesy copy to:

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

6.5. Drug-Free Workplace Policy . Consultant shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “B” and incorporated herein. Consultant’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 . If 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. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’ 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 r elease Consultant of Consultant’ s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’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 Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall 70 8
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apply without any advance showing of negligence or wrongdoing by the Consultant, 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 Consultant, 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 Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant 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 Consultant’s Proposal, which shall be of no force and effect.

6.10. Independent Contractor . Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant 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 Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant 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. Consultant 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 Consultant and its officers, agents, and employees, and all business li censes, if any are required, in connection with the services to be performed hereunder. Consultant 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. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.11 Conflicts with Independent Contractor. Contractor/consultant’s duties and services under this Agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering into this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this Agreement.

6.12. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer 71 9
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contributions for PERS benefits on behalf of Consultant 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, Consultant 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.

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

6.14. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other proj ects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, r eports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.15. Public Records Act Disclosure. Consultant 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 Consultant, 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 A ct (California Government Code s ection 7920.000 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 7924.510, and of which Consultant 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.

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

During the term of this Agreement, Consultant 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 Consultant is not currently performing work that would 72 10
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require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.17. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

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

6.19. 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.

6.20. 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.

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

6.22. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Consultant 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.

6.23. 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.

6.24. 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.

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

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6.26. 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 prov ision 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 s hall 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.

6.27. 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.

6.28. 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.

6.29. 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.

[Signatures appear on following page.]
74 12
Galls, LLC
I N 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.

NSULTANT
D
ate: __________________________
D
ate: __________________________
D
ate: __________________________
D
ate: __________________________
__________________________________
Signature
__________________________________
Moriah Rudiger
Senior Manager Contract Compliance

CITY OF COSTA MESA
_________________________________
Cecilia Gallardo-Daly
Acting City Manager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________
Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Ruth Wang
Risk Management
Rev. 1-2025
75 13
Galls, LLC
Rev. 1-2025

APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Jason Chamness
Project Manager

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ Ronald Lawrence
Police Chief

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director

76 EXHIBIT A

INVITATION FOR BID
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 94
95 96
97 98
99 100
101
102
103
104
105
106
107
108

EXHIBIT B

CONSULTANT’S PROPOSAL

109

COSTA MESA POLICE DEPARTMENT
Police Department Uniforms & Duty Gear
IFB #25-15
Galls, LLC Response
Due: February 19, 2025 at 2:00 PM PST

110
17600 Fabrica Way
Cerritos, CA 90703
Ph: (562) 243-0927
Fax: (562) 252-0091
www.galls.com

February 18, 2025

Ms. Stephanie Urueta
Finance Department
Costa Mesa Police Department
77 Fair Drive, 1st Floor
Costa Mesa, CA 92626

Re: IFB #25-15 for Police Department Uniforms & Duty Gear

Dear Ms. Urueta:

Galls, LLC (“Galls”) is excited about the opportunity to service Costa Mesa Police Department for IFB #25-15 for Police Department Uniforms & Duty Gear and looks forward to continuing to be a key Partner if awarded. Galls has been in business for over 58 years servicing the public safety market; specializing in law, fire, security, corrections, emergency medical services, federal government, military, postal, corporate and transit uniforms and equipment. More than 68% of all law agencies nationwide make purchases from Galls. We are proud to serve America’s public safety professionals.

Galls’ Corporate Office and Primary Distribution Center is located at 1340 Russell Cave Road, Lexington, KY 40505, the phone number is 859-266-7227, and the email is [email protected]. In addition to the primary location, Galls has over 80 locations nationwide consisting of distribution centers, retail stores, and contract service centers.

For Costa Mesa Police Department’s specific needs, we have a retail store at 1249 West Katella Avenue, Orange, CA 92867 and a corporate office at 17600 Fabrica Way, Cerritos, CA 90703.

Melissa Castro will be your primary contact during the RFP process.

• Phone: 562-304-7354
• Cell: 562-419-6443
• Email: [email protected]
• Availability: Monday- Friday 8:30 am – 5:00 pm PST
• Response time: 24-48 Hours

Galls, LLC (“Galls”) is pleased to present our proposed solutions to Costa Mesa Police Department. Galls is headquartered in Lexington, KY and employs more than 1600 employees. Our goal to is to make sure that we can be proud of the service and products we provide. Our core customers constantly put their lives on the line to protect the people in this country and we want to show them that we are as dedicated to them as they are to us. We are more than capable of supplying and delivering the uniforms and duty gear to Costa Mesa Police Department facilities per the specifications over the term of the contract and all extensions. We are proud to serve America's Public Safety Professionals. 111

Galls is your reliable source for quality, in-stock public safety equipment and uniforms.

Like you, we're quick, efficient and effective. We understand that the demanding needs of your profession drive your purchasing decisions, so we demand the quality gear you require to do your job. Galls services the needs of law enforcement, military, security, fire, EMS, postal, public transportation and more. Galls offers an extensive selection of products and brands, competitive prices, responsive service, fast deliveries, and seamless ordering. Each year, over one million men and women trust us to supply their essential gear and supplies. With over 50 years in the industry, it's easy to see why. Additionally, Galls offers thousands of agencies and departments a 360° solution and provides each with a personalized web portal that makes ordering easy, fast and convenient. At Galls, you can always count on friendly, knowledgeable customer service, convenient online ordering, in-stock availability on most items, and fast same-day shipping. We are proud to serve America's public safety professionals. Wherever your tough profession takes you, you'll find we have what you need to get through in one piece. With so many people counting on you to meet the demands of your job and your duty, Galls stands ready to help you meet the challenge.

Galls’ bid is valid for 120 days after the IFB closing date.

Galls does not take any exceptions to the contract document included in the Sample Agreement attached to the IFB.

Dave House, Vice President of Sales – Western Region is the Supervisor who is assigned to this contract. He has been with Galls, providing uniforms and duty gear to law enforcement agencies for over 19 years. He works out of the Cerritos location and is available during normal working hours or emergencies to make contract decisions.

Galls’ retail store at 1249 West Katella Avenue, Orange, CA 92867 is the office facility that support daily operations. It is within 14 miles of the Costa Mesa Police Department.

Galls has not received any addenda for this opportunity.

We appreciate the consideration and look forward to continuing to provide service to the Costa Mesa Police Department for the duration of the Contract. Please direct all questions or concerns to the undersigned.

Thank you,

Mike Fadden
Chief Executive Officer
Galls, LLC
112
IFB #25-15
Costa Mesa Police Department
Galls, LLC Response

BACKGROUND AND PROJECT SUMMARY SECTION
As the incumbent contractor, Galls, LLC has an established relationship with the Costa Mesa Police Department. Costa Mesa remains integrated into our internal systems and continues to benefit from our online ordering portal, "eQuip." To ensure a seamless transition, only a brief timeframe of 24 to 48 hours is needed for the updates required by this contract including: pricing and a review of all categories currently listed on eQuip continue to meet the ongoing needs of the Costa Mesa Police Department.

We appreciate your consideration of the following bid details and look forward to the opportunity to continue serving the Costa Mesa Police Department. Your Strategic Account Manager, Jason Campbell, remains ready to assist with any ordering solutions required. He can be reached by phone at (859) 207-0895 or by email at [email protected].

SERVICES
Galls confirms that all garments and accessories to be furnished hereunder shall be new and unused and fabricated from new materials, and they will meet CMPD's desired specifications, as agreed upon award of contract.

All items shall be delivered and fitted on an "as needed" basis, pursuant to a written request from authorized personnel of the City.

Galls shall provide trained personnel, when required, for measuring and fitting of uniforms at our store in Orange.

Upon proper identification as a City personnel, Galls shall sell replacement clothing or equipment at the City's contract prices. The Contractor shall furnish only the contract items specified and shall not substitute a lesser quality of materials than was originally proposed.

Galls’ tailoring, fitting, alterations, sewing on of emblems and pressing will conform to CMPD's Uniform and Accessories Specifications and Requirements as displayed in Exhibit 1 of the IFB.

Galls will be able to provide emergency and nonemergency uniform services during regular and after- business hours on a 24-hour basis.

City departments may purchase all items listed in the IFB according to the department needs.

PROPOSAL FOR POLICE

DEPARTMENT UNIFORMS &

DUTY GEAR

113
IFB #25-15
Costa Mesa Police Department
Galls, LLC Response

2 Galls may not sell uniforms of one department to any other department. Proper identification will be required to be presented by City personnel to Galls at the time of order placement, pickup, and delivery.

Galls will be able to provide special order uniforms and related accessories or equipment. These will not be specified in the contract but approved as a substitute item, as requested by the employee at the employee's expense. These costs must be billed separately to the employee. However, Galls must be able to track and report all substituted items purchased by employees and shall make subject information available to the City as part of the regular reporting.

Galls will be able to provide samples of uniforms and related accessories upon request by the City for use as control samples throughout the duration of the contract. For items listed in the "Summary of Items" that require samples, such as patches, badges, emblems, and insignias, Galls shall provide quote(s) on industry standard design according to the specified description. All emblems shall be supplied by Galls. The City shall supply Galls with necessary artwork. The City may add new items during the contract period to address issues such as changing operational needs, updated safety standards, and/or replacement of discontinued items. The City may request items in writing to Galls as needed, and new items will be included in a contract amendment on a quarterly basis.

Galls will notify the City in writing of discontinued items before services will be interrupted or as soon as reasonably possible and provide suggested alternates.

Galls will notify the City in writing of product backorders, as soon as possible, once Galls is notified of such a delay from a manufacturer.

Galls will be able to accommodate contract amendments for the duration of the contract with timely delivery of notarized documents.

MEASUREMENT AND MARKING UNIFORM GARMENTS
When requested via an approved order, Galls will measure each individual and issue uniform and equipment items specifically for that individual, providing the proper size, adequate fit, and marking each garment and accessory to assure ready identification. Uniforms and accessories shall include the measurement, marking, tailoring, and alteration. Galls will demonstrate how measurement and alteration services will be provided at our storefront location in Orange.

ALTERATION AND REPAIR SERVICE
Galls will be able to provide alteration and repair services to new and previously purchased uniforms throughout the duration of the Contract. Galls will provide and submit a price list with all costs associated with alterations and repairs of uniforms and other clothing garments.

Embroidery of the following will be provided by Galls on an as needed basis:

Galls shall provide emergency garments on a temporary basis to City employees if required. (Example:

New employees waiting for new uniform to be ordered or special size not in stock.)

114
IFB #25-15
Costa Mesa Police Department
Galls, LLC Response

3 DELIVERY/ PICKUP
Prices shall include all delivery costs, if applicable, and unloading charges to the various departments in the City. However, pickup is the preferred method at this time. For uniforms, accessories, and miscellaneous items that are normally stocked, delivery/pickup shall be made within five (5) working days after receipt of order. For special order items, delivery/pickup shall be made within ten (10) working days.

Galls will be available during normal business hours, Monday through Friday, for delivery and will call.

During the term of the Contract, purchases may be considered an emergency and, therefore, "Will Call" provisions and Overnight/Next Day Delivery must be provided by the Contractor. "Will Call" items shall be available for pick-up within four (4) hours after order.

MINIMUM ORDERS
No minimum orders are required.

ADEQUATE STOCK
Galls will maintain adequate stock of uniforms, accessories, and miscellaneous equipment to accommodate City employee's needs, including emergencies, new hires, and fill-in orders, as needed by the City, through the length of the Contract. Failure to maintain adequate stock will be deemed a breach and may result in termination of the Contract.

There shall be a minimum inventory maintained for each type of shirt and trouser in an assortment of sizes, plus a reasonable quantity of replacement items making up a complete uniform, including leather goods, accessories, and other equipment listed. The City may inspect the Galls’ facilities to determine if sufficient inventory of all required uniforms and accessories are maintained in order to meet the City's required delivery schedule of five (5) working days.

ALTERNATIVES OR EXCEPTIONS
Galls is bidding as specified for all items with the exception of the following lines due to the fact that the requested items are no longer available: . Specifications are included for the alternates offered. Galls will be happy to attend a product demonstration day where a complete set of uniform items will be displayed to the City reviewers.

Galls acknowledges and agrees that use of an approved equal creates a risk that the material or equipment may not actually meet the functional and performance requirements when used under field conditions. Galls further acknowledges and agrees that the City's approval of an "approved equal" product does not relieve Galls from its duty to meet the functional and performance requirements in the Specifications so that Galls may ultimately be required to replace the "approved equal" product with the material or equipment that was originally specified by brand name or by the name of a particular supplier, at no additional cost to the City, if the City makes a request for replacement. By submitting a bid with an approved equal, Galls accepts these risks and the liability associated with these risks and waives all claims against the City for costs related to supplying replacements.

MISCELLANEOUS ITEMS
The City can, at any time, request to purchase items not listed in the contract but that are publicly available in Galls’ catalog or website. Upon written request from an authorized City representative, Galls will provide a quote for the special order.

ONLINE ORDERING SYSTEM
Contractor shall, at no additional charge, provide an online ordering and reporting system to better facilitate individual and bulk purchasing and provide customized tracking and reporting.

115
IFB #25-15
Costa Mesa Police Department
Galls, LLC Response

4 The system should meet the following minimum requirements:
• Allow City to view contracted products
• Allow employees to select items for purchase online.
• Track purchases and purchasing data
• Ability to create "on demand" reports using user-defined queries such as:
o Product Number
o Employee or ID#
o Billing Account Codes
o Purchase Date, or Purchase Date Range
o Purchasing Department and Division
• Ability to create reports to track overall purchases by Division • Provide notification of order status to employee(s)
• Provide an estimated time for delivery

The online system will be operational within 90 days of the award of the contract. A demonstration of the proposed system will be readily available at the City’s request.

SUBCONTRACTORS
Galls will not utilize subcontractors in the performance of this contract. 116
Augusta Sportswear Nylon Coaches’
jacket - lined
Item# JA195 | Mfg# 3100

PRODUCT SPECS
 Outer shell of 100% nylon taffeta
 Lined with 100% polyester
 Tear away label
 Snap front
 Raglan sleeves for maximum mobility
 Front pockets
 Elastic cuffs
 Open bottom
 Water-resistant
Line 72
117
Eiseman-Ludmar Cobra Shoulder
Cord
Item# UN144 | Mfg# N/2121B-RW

PRODUCT SPECS
 Cobra Shoulder Cord
 Button Loop
 Available in a variety of colors
Lines 124 & 125
118
NONE
119
120
Mike Fadden, on behalf of Galls, LLC attests that we have not made any campaign contributions to any Costa Mesa City
Council Member.

February 19, 2025
121

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-290 Meeting Date: 5/20/2025
TITLE:

SECOND AMENDMENT TO THE WASTE DISPOSAL AGREEMENT WITH THE COUNTY OF ORANGE
DEPARTMENT: PUBLIC WORKS DEPARTMENT/GENERAL SERVICES

DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: PATRICK BAUER, DEPUTY PUBLIC WORKS DIRECTOR, 714- 754-5029
RECOMMENDATION:

Staff recommends the City Council approve the Second Amendment to the Waste Disposal Agreement with the County of Orange.

BACKGROUND:

The City currently operates under a non-exclusive hauling franchise system which allows for a competitive market for services to multi-family residents and businesses receiving commercial solid waste service. This non-exclusive system consists of seven (7) waste haulers that provide weekly/recurring service. Residential service, including smaller multi-family residences, is provided under a separate Costa Mesa Sanitary District exclusive franchise.

Solid waste disposal at Orange County landfills is governed by a Waste Disposal Agreement (WDA) under which various cities, including Costa Mesa, and sanitary districts agree to exclusively deposit certain waste at the County of Orange’slandfills in exchange for low and stable disposal rates. The current WDA was entered in 2009 (Attachment 1) and subsequently amended to extend the term through June 30, 2025 (Attachment 2).

ANALYSIS:

The current WDA between all Orange County cities/sanitary districts and the County of Orange expires on June 30, 2025. In January 2022, OC Waste & Recycling (OCW&R) notified cities of its intent to revise the WDA to align with legislative requirements such as Senate Bill 1383, which requires local governments to divert organic waste, such as food scraps and landscaping waste, away from the landfills in an effort to reduce greenhouse gas emissions and preserve landfill capacity. OCW&R presented a proposed successor agreement to the WDA, titled the Waste Infrastructure System Enhancement (WISE) agreement, at an Orange County City Manager’ssummit on November 7, 2024.

The WISE agreement proposed increasing the landfill disposal rate from the current rate of $42.65 to

Page 1 of 3 ends

122
File #: 25-290 Meeting Date: 5/20/2025
The WISE agreement proposed increasing the landfill disposal rate from the current rate of $42.65 to $82 per ton (a 92.3% increase). It also proposed a rebate program for composted organic waste and an allocation of capital expenditures for organics recycling infrastructure at County landfills.

The Orange County City Manager Association (OCCMA) formed a committee in December 2024 to negotiate a successor agreement to the WDA and requested an extension of the current WDA to allow time for such negotiations. OCW&R has agreed to the OCCMA committee’s requested extension under the terms of the proposed amendment, which generally provides for a 12-month extension of the current WDA and a 2.6% disposal fee increase, per the escalation formula in the current WDA.

The extension period will allow stakeholders to conduct due diligence on a successor agreement to the WDA as well as evaluate costs, infrastructure plans, and future fee adjustments. If the OCCMA committee and OCW&R do not reach mutually agreeable terms by September 30, 2025, OCW&R will still continue to work on an agreement and provide monthly updates to all cities/sanitary districts beginning in October 2025.

Staff believes that executing the Second Amendment is in the public interest since it will ensure stable disposal rates and collaboration between all cities/sanitary districts in Orange County for an additional year. The contract rate in the agreement is set at $43.76 per ton, which is a 2.6% fee increase. All Orange County cities and special districts must approve this amendment in order for it to take effect by the targeted July 1, 2025, deadline.

Staff requests City Council approval of the Second Amendment to the WDA with the County of Orange.

ALTERNATIVES:

The City Council could choose not to approve the Second Amendment to the WDA. However, without the proposed Amendment, Costa Mesa customers could encounter unstable disposal rates as haulers may pay higher landfill rates and potentially utilize alternative out-of-county landfills to dispose of material.

FISCAL REVIEW:

There is no fiscal impact to the City Budget with the approval of the recommended action.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this agenda report, the proposed Second Amendment, and approves them both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item works toward achieving the following City Council goal:
· Maintain and enhance the City’s infrastructure, facilities, equipment, and technology.

Page 2 of 3 ends

123
File #: 25-290 Meeting Date: 5/20/2025
CONCLUSION:

Staff recommends the City Council approve the Second Amendment to the Waste Disposal Agreement with the County of Orange.

Page 3 of 3 ends

124
•

WASTE DISPOSAL AGREEMENT
Between

THE COUNTY OF ORANGE, CALIFORNIA
County Authorization Date:

March 24. 2009
County Notice Address :

Director
OC Waste & Recycling
300 N. Flower Street, Suite 400
Santa Ana, CA 92703
Execution Copy
and
the

CITY OF COST A MESA
Dated __ , 2009
City Authorization Date :

City Notice Address :

ATTACHMENT 1
125
Section 1.1
ection 1.2
Section 2.1
ection 2.2

TABLE OF CONTENTS

ARTICLE I

DEFINITIONS AND INTERPRETATIO
DEFINITIO S ...................... ................................................. ...................... ..................................... 2 INTERPRETATION ......................................................................................................................... ?

ARTICLE II

REPRESE T A TIONS AND WARRANTIES
REPRESE TA TIONS AND WARRANTIES OF THE CITY ................. ....................................... 8 REPRESENTATIONS AND WARRANTIES OF THE COUNTY ................................................. 9

ARTICLE III

DELIVERY AND ACCEPTANCE OF WASTE AND PROVISIO OF DISPOSAL ERVICE ection 3.1
ection 3.2
ection 3.3
ection 3.4
ection 3.5
ection 3.6
ection 3.7
Section 4.1
ection 4.2
ection 4.3
ection 4.4
ection 4.5
ection 4.6
Section 4.7
Section 5.1
Section 5.2
ection 5.3
ection 5.4
ection 5.5
Section 6.1
ection 6.2
Execution Copy
DELIVERY OF WASTE .................. ............................................. ..................... .............................. 9 PROVISIO OF DISPOSAL SERVICES BY THE COUNTY ..................................................... II COUNTY RIGHT TO REFUSE WASTE ...................................................................................... 12 UNINCORPORATED AREA ACCEPTABLE WASTE ............................................................... I3 MISCELLANEOUS OPERATIO AL MATTERS ....................................................................... 14 OTHER USERS OF THE DISPOSAL SYSTEM .......................................................................... 14 COUNTY PROVISION OF WASTE DIVERSION SERVICES ..... .............................................. 15

ARTICLE IV

CO TRACTRATE
CHARGING AND SECURING PAYMENT OF CONTRACT RATE ......................................... 15 CONTRACT RATE ............................................................................................... ......................... 15 RESPONSIBILITY FOR PA YME T OF THE CO TRACT RATE ........................................... 21 BILLING OF THE CO TRACT RATE ........................................................................................ 21 RESTRICTED RESERVES ....................................................................... ..................................... 21 AUDITED FINANCIAL STATEMENTS ...................................................................................... 22 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION ............................................. 22

ARTICLE V

BREACH, ENFORCEME T AND TERMINA TIO
BREACH ........................................................................................................................................ 23 CITY CONVENIENCE TERMINATION ..................................................................................... 23 TERMINATIO ............................................................................................................................. 23 0 WAIVERS ................................................................................................................................ 24 FORUM FOR DISPUTE RESOLUTION .................................. .................................................... 24

ARTICLE VI
TERM
EFFECTIVE DATE AND TERM ............... ........................................... ........................................ 24 COMME CEMENTDATE ........................................................................................................... 25 126
Section 7. I
ection 7.2
Section 7.3
Section 7.4
Section 7.5
Section 7.6
Section 7.7
Section 7.8
Section 7.9
Section 7. IO
ection 7.I I
Section 7. I2
Section 7.13
ection 7.14
Section 7.15
Section 7.16
APPENDIX l

ARTICLE VII

GENERAL PROVISIONS
OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM ....................................... 26 UNCO TROLLABLE CIRCUMSTANCES GENERALLY ........ ................................................ 26 INDEMNIFICATIO .............................................. .................... ................................................... 27 RELATIONSffiP OF THE PARTIES ............................................................................................ 27 LIMITED RECOURSE .................................................................................. ................................ 27 PRE-EXISTING RIGHTS AND LIABILITIES ............................................................................. 27 0 VESTED RIGHTS ................................................................................................... ................ 28 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING .......................... 28 NO CONSEQUENTIAL OR PUNITIVE DAMAGES .................................................................. 28 AMEND ME TS ............................................................. ............................... ................................ 28 OTICE OF LITIGATION ............................................................................................................ 28 FURTHER ASSURANCES ........................................................................................................... 28 ASSIGNME T OF AGREEMENT ............................................................................................... 28 INTEREST 0 OVERDUE OBLIGATIO S ............................................................................... 28 BINDING EFFECT ...................................................... .................................................................. 28 NOTICES .................................... ................................................... ..................................... ............ 28

ESTIMATED ANNUAL TONNAGE
APPENDIX2

CUMULATIVE TONNAGE

TARGETS
APPENDIX 3

CUMULATIVE CAPITAL COSTS
APPENDIX4

FORM OF HAULER ACKNOWLEDGEME T
ii
Execution Copy
127

WASTE DISPOSAL AGREEMENT
THJS WASTE DISPOSAL AGREEMENT is made and dated as of the date indicated on the cover page hereof between the County of Orange , a political subdivision of the State of California (the "County "), and the City designated on the cover page of this Agreement , a general law or charter city and political subdivision of the tate of California (the "City").

RECITALS
The County owns, manages and operates a sanitary landfill system for the disposal of municipal solid waste generated by the cities and the unincorporated area within the County (the "Disposal System"). The Disposal System includes three active landfills and four regional household hazardous waste collection centers .

The Disposal System is used for the disposal of municipal solid waste which is not reused , recycled or otherwise diverted from landfill disposal , pursuant to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the "Act").

The City, in the exercise of its police power and its powers under the Act, has entered into a franchi se or other agreement with or issued permits or licenses to one or more private haulers for the collection and disposal of municipal solid waste generated within the City.

A significant portion of municipal solid waste generated within the City historically has been and currently is delivered by such hauler or haulers to the County for disposal in the Disposal System .

In 1997, the City and the County entered in a waste disposal agreement (the "Original WDA' '), pursuant to which the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of, the Original WDA.

The Original WDA, as amended , will expire by its terms on June 30, 2010, unless the City and the County agree to renew the Original WDA.

The City and the County desire to enter into this agreement to extend , amend and restate the Original WDA, on the terms and conditions set forth herein. The County and City acknowledge that the Original WDA shall remain in full force and effect until the Commencement Date.

The City has determined that the execution of this Agreement by the City will serve the public health, safety and welfare of the City by providing greater disposal rate stability, more predictable and reliable long-term disposal service, and the continuation of sound environmental management.

The County has determined that the execution by the County of this Agreement will serve the public health, safety and welfare by providing a more stable, predictable and reliab le supply of municipal solid waste and the resulting service payment revenue to the Disposal System, thereby enabling the County to plan, manage , operate and finance improvements to the Disposal System on a more prudent and sound long term, businesslike basis consistent with its obligations to the State and the holders of obligations secured by its Disposal System.

Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof.

Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof.

It is, therefore , agreed as follows :

Execution Copy
128
SECTION 1.1
set forth below.

ARTICLE I

DEFINITIONS AND INTERPRETATION
DEFINITIONS. As used in this Agreement , the following terms shall have the meanings "Acceptable Waste" means all garbage, refuse, rubbish and other materials and substance s discarded or rejected as being spent, useless , worthless or in excess to the owners at the time of such discard or rejection and which are normally disposed of by or collected from residential (single family and multi-family) , commercial , industrial, governmental and institutional establishments and which are acceptable at Class III landfills under Applicable Law .
"Act" means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public
Resources Code), as amended , supplemented , superseded and replaced from time to time. "Agreement" means this Waste Disposal Agreement between the County and the City as the same may be amended or modified from time to time in accordance herewith . "Appendix" means an appendix to this Agreement , as the same may be amended or modified from time to time in accordance with the terms hereof
"Applicable Law" means the Act, the Orange County Code, CERCLA , RCRA , CEQA , any Legal Entitlement and any federal or state rule, regulation , requirement , guideline , permit, action , determination or order of any Governmental Body having jurisdiction , applicable from time to time to the siting, design , permittin g, acquisition , construction , equipping , financing , ownership , possession , operation or maintenance of the Dispo sal System, the transfer , handling , transportation and disposal of Acceptable Waste, Unacceptable Waste, or any other transaction or matter contemplated hereby (including any of the foregoing which concern health, safety, fire, environmental protection , mitigation monitoring plans and building codes) . "Board" means the California Integrated Waste Management Board. "Capital Costs" means all costs of the Disposal System that are classified as capital costs for purposes of the budget of the Department in accordance with procedures established by the County of Orange Auditor Controller in compliance with the California State Controller 's Manual , including but not limited to all of the categories of costs of the Disposal System reported as "Buildings and Improvements , and Infrastructure " (Object Code 4200) or "Equipment " (Object Code 4000) in the County of Orange - Chart of Accounts , or any successor accounting or reporting system utilized by the County . "CEQA" means the California Environmental Quality Act, codified at Cal. Pub . Res. Code ection 2 1000 et seq. as amended or superseded , and the regulations promulgated thereunder . "CERCLA " means the Comprehensive Environmental Response , Compensation and Liability ct, 42 U.S.C.A . ection 9601 et seq., as amended or superseded , and the regulations promulgated thereunder . "Change in Law" means any of the following events or conditions which has a material and adverse effect on the performance by the parties of their respective obligations under this Agreement (except for payment obligations) , or on the siting, design, permitting , acquisition , construction , equipping , financing , ownership , possession, operation or maintenance of the Disposal System or other matters to which Applicable Law applies :
(1) the enactment , adoption, promulgation , issuance , material modification or written change in administrative or judicial interpretation on or after the Commencement Date of any Applicable Law (other than Applicable Law enacted by the County) ;
(2) the order or judgment of any Governmental Body (other than the County) , on or after the Commencement Date, to the extent such order or judgment is not the result of willful or negligent action, error or 2 Execution Copy
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omission or lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law ; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action , error or omission or lack of reasonable diligence ; or
(3) the denial of an application for, delay in the review , issuance or renewal of, or suspension , termination , interruption , imposition of a new or more stringent condition in connection with the issuance, renewal or failure of issuance or renewal on or after the Commencement Date of any Legal Entitlement to the extent that such denial, delay, suspension, termination , interruption, imposition or failure materially and adversely interferes with the performance of this Agreement, if and to the extent that such denial , delay , suspension , termination , interruption , imposition or failure is not the result of willful or negligent action , error or omission or a lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided , however that the contesting in good faith or the failure in good faith to contest any such denial , delay, suspension , termination, interruption, imposition or failure shall not be construed as such a willful or negligent action, error or omission or lack of reasonable diligence.

A "Change in Law " shall include but not be limited to any new or revised requirements relating to the funding or provision of disposal services , including but not limited to any regulations for disposal operations or activities associated with the remediation , closure , funding or monitoring of closed sites with respect to facilities comprising the Disposal System, or facilities which the County previously utilized to provide waste disposal , transfer, recycling , processing or other waste related activities . "City" means , as applicable , the city or Sanitary District designated on the cover page of this Agreement and party to this Agreement.
"City Acceptable Waste" means all Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of the City, and Residue from the foregoing wherever produced , whether within or outside the City (or Tonnage equivalencies of such Residues , as and to the extent provided in subsection 3.1 (C) hereof).
"Commencement Date " means the date on which the obligations of the parties hereto commence , established as provided in Section 6.2(B) hereof.
"Contract Date" means the first date on which this Agreement has been executed by both parties hereto . "Contract Rate " has the meaning specified in Section 4.2 hereof. "Contract Year" means the fiscal year commencing on July 1 in any year and ending on June 30 of the following year .
"Controllable Waste" means all City Acceptable Waste with respect to which the City has the legal or contractual ability to determine the disposal location therefor and which is:
(1) on-Recycled City Acceptable Waste ;
(2) not generated from the operations of the Governmental Bodies which , under Applicable Law, have the independent power to arrange for the disposal of the waste they generate; and (3) collected and hauled by Franchise Haulers .
"County " means the County of Orange , a political subdivision of the State of California and party to this Agreement.
"County Plan " means the integrated waste management plan of the County approved by the Board pursuant to the Act as in effect from time to time.
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"County Acceptable Waste" means Acceptable Waste generated in the County. "County OC Waste & Recycling Enterprise Fund" means the waste management enterprise fund established and managed by the County pursuant to Section 25261 of the Government Code separate from its other funds and accounts for receipts and disbursements in connection with the Disposal System. "County-wide Recycling Services " has the meaning set forth in subsection 3.7(A) hereof. "Cumulative Tonnage Target " for any given Contract Year means the amount specified in Appendix 2 hereto with respect to such Contract Year .
"Department " means OC Waste & Recycling, and any agency, department or other Governmental Body which succeeds to the duties and powers thereof.
"Disposal Agreements " means each of the waste disposal agreements entered into between the County and any city within the County , Sanitary District or operator of any Transfer Station located in the County in accordan ce herewith .
"Disposal Services " means the solid waste disposal services to be provided by the County pursuant to the Service Covenant and otherwise hereunder .
"Disposal System " means the Orange County Waste Disposal System which includes solid waste disposal operations at three active landfills (Olinda Alpha, Frank R. Bowerman and Prima Deshecha) ; four regional Household Hazardous Waste Collection Centers ; as well as services , such as monitoring and other activities , at closed refuse stations formerly operated by the County , as appropriate under Applicable Law . "Environmental Fund " means the fund or funds held by the County to pay unanticipated costs of environmental mitigation , remediation or liability.
"Franchise Hauler " means any hauler or collector who provides Acceptable Waste colle ction services within the City pursuant to, or under authority granted by, a permit, contract , franchise or other agreement with the City. The term Franchise Hauler includes the City itself if Acceptable Waste collection and transportation service s are provided directly by City operated municipal collection service. "Governmental Body " means any federal , State, county , city or regional legislative , executive , judicial or other governmental board , agency , authority , commission , administration, court or other body, or any officer thereof acting within the scope of his or her authority.
"Hazardous Substance " has the meaning given such term in CERCLA , the Carpenter-Pres ley-Tanner Hazardous Substance Account Act (California Health and Safety Code Section 25300 et seq.), and Titles 22 and 26 of the California Code of Regulations and other regulations promulgated thereunder. "Hazardous Waste" means (a) any waste which by reason of its quality, concentration , compo sition or physical , chemical or infectious characteristics may do either of the following: cause , or significantly contribute to, an increase in mortality or an increase in serious irreversible , or incapacitating reversible , illness , or pose a substantial threat or potential hazard to human health or the environment, or any waste which is defined or regulated as a hazardous waste , toxic substance , hazardous chemical substance or mixture , or asbestos under Applicable Law, as amended from time to time including , but not limited to: (I) the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260-281 ; (2) the Toxic Substances Control Act ( 15 U .S.C. Sections 260 I et seq.) and the regulations contained in 40 CFR Parts 761-766 ; (3) the California Health and Safety Code, Section 25117 (West 1992 & Supp . 1996); ( 4) the California Public Resources Code , Section 40141 (West 1996); and (5) future additional or substitute Applicable Law pertaining to the identification , treatment, storage or disposal of toxic substances or hazardous wastes ; or (b) radioactive materials which are source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S .C. Section 2011 et s eq.) and the regulations contained in 10 CFR Part 40.
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"Imported Acceptable Waste" means Acceptable Waste that is generated outside of the geographical boundaries of the County and delivered to the Disposal System. "Independent Haulers" means those waste collection/hauler companies primarily engaged as a principal business in the collection and transportation of municipal solid waste generated in the County of Orange which are not obligated to deliver County Acceptable Waste to the Disposal System pursuant to a franchise , contract , permit or other authorization with a city in the County .
"Initial Term" has the meaning specified in Section 6.1 (A) hereof. "Legal Entitlement " means all permits, licenses, approvals , authorizations , consents and entitlement s of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the Disposal System or the performance of any obligation under this Agreement or the matters covered hereby.
"Legal Proceeding " means every action, suit, litigation, arbitration , administrative proceeding , and other legal or equitable proceeding having a bearing upon this Agreement. "Loss-and-Expense " means any and all loss, liability, obligation , damage , delay, penalty , jud gment, deposit, cost, expense , claim, demand , charge, tax, or expense, including all fees and costs . " et Import Revenues " has the meaning ascribed thereto in Section 3 .6(E). "Non-Recycled City Acceptable Waste" means all City Acceptable Waste other than Recycled City Acceptable Waste.
"Overdue Rate" means the maximum rate of interest permitted by the laws of the State, if applicable , or the prime rate established from time to time by the Bank of America, N.A. or its successors and assigns , plus 2%, whichever is lower.
"Participating City" means any city or Sanitary District executing a Disposal Agreement in accordan ce with Section 3.6(A) hereof and meeting all requisite conditions to the Commencement Date thereof. "Plan of Adjustment " means the County ' s Modified Second Amended Plan of Adjustment , confirmed by the United States Bankruptcy Court Central District of California in that Conformed Order Confirming Modified econd Amended Plan of Adjustment , filed May 17, 1996.
"Posted Disposal Rate" means the per ton tipping fee charged by the County for the disposal of solid waste at the Disposal System by parties which are not entitled to disposal service at the Contract Rate pursuant to this Agreement.
"Prohibited Medical Waste" means any medical or infectious waste prohibited or restricted under Applicable Law from being received by or disposed at the Disposal System . "Qualified Household Hazardous Waste" means waste materials determined by the Board , the Department of Health Services, the State Water Resources Control Board , or the Air Resources Board to be:
(1) Of a nature that they must be listed as hazardous in State statutes and regulations ; (2) Toxic/ignitable/corrosive /reactive ; and
(3) Carcinogenic /mutagenic /teratogenic ;
which are discarded from households as opposed to businesses . Qualified Household Hazardous Waste shall not include Unacceptable Waste.
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"Recycled City Acceptable Waste" means any otherwise Controllable Waste which is separated from Acceptable Waste by the generator thereof or by processing and which is "recycled" within the meaning of Section 40180 of the Public Resources Code.
"Renewal Term" has the meaning specified in Subsection 6.l(B) hereof. "Residue " means any material remaining from the processing , by any means and to any extent, of City Acceptable Waste or Recycled City Acceptable Waste; provided , however , that Residue shall not include minimal amounts of material remaining after such processing (which minimal amounts shall in no event exceed I 0% of the amount of such City Acceptable Waste or Recycled City Acceptable Waste prior to processing) . "Resource Conservation and Recovery Act" or "RCRA" means the Resource Conservation and Recovery Act, 42 U.S.C.A. Section 6901 et seq., as amended and superseded . "Restricted Reserves " has the meaning specified in Section 4.5. "Sanitary Districts " means the sanitary districts in the County formed pursuant to the Sanitary District Act of 1923, codified at Cal. Ann. Health & Safety Code Section 6400 et seq., as amended , supplemented , superseded and replaced from time to time.
"Self-Hauled Waste" means City Acceptable Waste collected and hauled by Self-Haulers . "Self-Hauler " means any person not engaged commercially in waste haulage who collects and hauls Acceptable Waste generated from residential or business activities conducted by such person . "Service Coordinator " means the service coordinator for either party designated pursuant to subsection 3.5(C) hereof.
"Service Covenant " means the covenants and agreements of the County set forth in Sections 3.2 and 3.3 hereof.
"Source-Separated Household Hazardous Waste" means Qualified Household Hazardous Waste which has been segregated from Acceptable Waste originating or generated within the geographical jurisdiction of the City at the source or location of generation.
"Source-Separated Household Hazardous Waste Disposal System" means the collection centers , facilities, contracts and other arrangements owned or administered by the County for the receipt , handling and disposal of Source-Separated Household Hazardous Waste .
"State " means the State of California.
"Term" shall mean the Term of this Agreement.
"Ton" means a "short ton" of2 ,000 pounds .
"Transfer Station" means any materials recovery facility, composting facility , intermediate processin g facility, recycling center
, transfer station or other waste handling or management facility to which solid waste collected for the City is delivered for processing before disposal in the Disposal System . "Unacceptable Waste " means Hazardous Waste; Hazardous Substances ; Prohib ited Medical Waste; Qualified Household Hazardous Waste separated from Acceptable Waste ; explosives , ordnance , highly flammable substances , and noxious materials and lead-acid batteries (except if delivered in minimal quantities) ; drums and closed containers ; liquid waste , oil, human wastes ; machinery and equipment from commercial or industrial sources , such as hardened gears, shafts , motor vehicles or major components thereof, agricultural equipment , trailers , marine 6 Execution Copy
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vessels and steel cable; hot loads; and any waste which the Disposal System is prohibited from receiving under Applicable Law.
"Uncontrollable Circumstance" means any act, event or condition affecting the Disposal System, the County, the City, or any of their Franchise Haulers, contractors or suppliers to the extent that it materially and adversely affects the ability of either party to perform any obligation under the Agreement (except for payment obligations) , if such act, event or condition is beyond the reasonable control of and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement; provided, however , that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Examples of Uncontrollable Circumstances are:
(I) an act of God, landslide, lightning, earthquake, fire, explosion, flood , sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; and (2) a Change in Law.
"Unincorporated Area" means those portions of the County which are not contained within the jurisdictional boundaries of incorporated cities.
"Unincorporated Area Acceptable Waste" means Acceptable Waste originating from or generated within the Unincorporated Area.
"Unrestricted Reserves" means cash and other reserves of the Disposal System which are not Restricted Reserves .
"Waste Disposal Covenant" means the covenants and agreements of the City set forth in Section 3.1 hereof.

SECTIO 1.2 INTERPRETATION. In this Agreement, unless the context otherwise requires :
(A) References Hereto. The terms "hereby" , "hereof', " herein", "hereunder" and any similar
terms refer to this Agreement, and the term "hereafter" means after, and the term "heretofore" means before, the Contract Date.
(B) Gender and Plurality . Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa .
(C) Persons. Words importing persons include firms, companies, assocmt10ns, general partnerships , limited partnerships, trusts, business trusts, corporations and other legal entities , including public bodies, as well as individuals .
(D) Headings . The table of contents and any headings preceding the text of the Articles , ections and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. (E) o Third Partv Beneficiaries. Nothing in this Agreement is intended to confer on haulers or any other person other than the parties hereto and their respective permitted successors and assigns hereunder any rights or remedies under or by reason of this Agreement. (F) Counterparts . This Agreement may be executed in any number of original counterparts .

All such counterparts shall constitute but one and the same Agreement. 7 Execution Copy
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(G) Applicable Law. This Agreement shall be governed by and construed in accordance with the Applicable Laws of the State of California .
(H) Severability , If any clause , provision, subsection , Section or Article of this Agreement shall be ruled invalid by any court of jurisdiction, then the parties shall: (I) promptly meet and negotiate a substitute for such clause, provision , subsection, Section or Article which shall, to the greatest extent legally permissible , effect the intent of the parties therein ; (2) if necessary or desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Agreement ; and (3) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision , subsection , Section or Article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and enforced as if such invalid portion did not exist, unless such invalidity frustrates the underlying primary purpose of the Agreement. (I) Integration; Preservation of Certain Agreements. This Agreement contains the entire agreement between the parties with respect to the transactions contemplated hereby. This Agreement shall completely and fully supersede all prior understandings and agreements between the Parties with respect to such transactions ; provided, however , that this Agreement shall not supersede the following agreements :
1) MOU, dated March I 0, 1992, between the City of Brea and the County of Orange regarding the Olinda Alpha Landfill as amended on April 6, 1993 and November 29, 1994; 2) MOU , dated May 11, 1995, between the City ofBrea and the County of Orange regarding importation of out-of-County waste to the Olinda Alpha Landfill; 3) Settlement Agreement, dated August 1, 1984, between the City of Irvine and the County of Orange regarding the Bee Canyon Landfill (currently called Frank R. Bowerman Landfill) ; 4) MOU, dated May 16, 1995, between the City of Irvine and the County of Orange regarding importation of out-of-County waste to the Frank R. Bowerman Landfill ; 5) MOU, dated September 12, 1995, and amended November 21, 1995, between the City of San Juan Capistrano and the County of Orange regarding importation of out-of-County waste to the Prima Deshecha Landfill ;
6) MOU , dated July I, 1997, between the City of San Clemente[ , the Orange County Flood Control District] and the County of Orange regarding the Prima Deshecha Landfill ; and 7) Cooperative Agreement , dated August 15, 2006, between the County and the City of Irvine.
(J) Recitals . The recitals to this Agreement are not intended to bind the parties hereto . In the event of a conflict between the recitals and the operative provisions of this Agreement, the operative provisions shall prevail. The recitals shall not be used to interpret the provisions of the Agreement.

ARTICLE II

REPRESENTATIONS AND WARRANTIES
SECTION 2.1 REPRESENT A TIO S AND W ARRA TIES OF THE CITY. The City represents and warrants that:
(A) Existence. The City is a general law or charter city validly existing under the Constitution and laws of the State .
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(B) Due Authorization. The City has duly authorized the execution and delivery of this Agreement , and this Agreement has been duly executed and delivered by the City.

SECTION 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY . The County represents and warrants that:
(A) Existence. The County is a political subdivision of the State of California validly existing under the Constitution and laws of the State.
(B) Due Authorization . The County has duly authorized the execution and delivery of this Agreement , and this Agreement has been duly executed and delivered by the County .

ARTICLE III

DELIVERY AND ACCEPTANCE OF WASTE

AND PROVISION OF DISPOSAL SERVICE
SECTIO 3.1 DELIVERY OF WASTE.
(A) Waste Disposal Covenant. Subject to the occurrence of the Commencement Date and throughout the Term of this Agreement, the City shall exercise all legal and contractual power and authority which it may possess from time to time to deliver or cause the delivery of all Controllable Waste to the Disposal System in accordance herewith .
(B) Recycled Citv Acceptable Waste. The parties hereto acknowledge the responsibility of the City to meet the recycling and landfill diversion goals contained in the Act. othing in this Agreement is intended or shall be interpreted to prohibit or impair the ability of the City to meet such responsibilities , or to restrict the right of the residents, businesses or organizations in the City to practice source separation , recycling , com posting or other materials recovery activities , or to restrict the right of the City to conduct, sponsor, encourage or require such activities in any form. No reduction in the amount of Controllable Waste generated in the City and delivered to the Disposal System by or on behalf of the City which may result from any such source separation or recycling program shall cause the City any liability hereunder (other than potential adjustment to the Contract Rate to the extent provided in Article IV hereof) and shall not constitute a breach of this Agreement. (C) Waste Delivered to Transfer Station. All Residue from any processing of Controllable Waste by materials recovery, composting, recycling or other means, wherever performed , shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Where City Acceptable Waste is processed at a facility which concurrently processes other Acceptable Waste in a manner which produces commingled residue which cannot be traced to a geographic source, generic residues from such facility in Tonnage equal to the residues that would have been produced had City Acceptable Waste only been processed at the facility shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Any City Acceptable Waste or material derived or segregated therefrom which is held in storage and asserted by the possessor thereof to constitute Recycled City Acceptable Waste awaiting sale or distribution to the secondary materials markets shall constitute Controllable Waste if, when and to the extent that the storage or diversion thereof can be reasonably deemed to constitute an evasion of the Waste Disposal Covenant rather than generally recognized, accepted and prevailing practice in the Southern California materials recovery and recycling industry conducted in accordance with Applicable Law. In order for the owner and/or operator of a transfer station to be entitled to deliver Acceptable Waste from a Participating City to the Disposal System for the Contract Rate as provided in Article IV, such owner and/or operator must execute a direct agreement with the County, acknowledging and agreeing to comply with the obligation of the Participating City to cause the delivery of all Controllable Waste to the Disposa l System pursuant to this Agreement. In addition, the County shall be authorized to implement procedures to determine if Acceptable Waste delivered by the owners or operators of Transfer Stations is entitled to utilize the Disposal System for the Contract Rate. Such procedures may include requiring Transfer Stations to certify, under penalty of perjury, the source of any such Acceptable Waste. If necessary , the County may require that, in order to qualify for use of the Disposal System for the Contract Rate, Transfer Stations must deliver Controllable Waste in loads containing only Controllable Waste, and not commingled with Acceptable Waste from entities which are not Participating Cities or Participating Independent Haulers .
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(D) Power to Obligate Waste Disposal and Comply with this Agreement. On or before the ommencement Date , (i) any City franchise , contract , lease, or other agreement which is lawfully in effect relating to or affecting Controllable Waste shall provide, or shall have been amended to provide , that the City shall have the right without material restriction on and after the Commencement Date to direct the delivery of all Controllable Waste to a disposal location selected by the City (whether or not such Controllable Waste is delivered to a transfer station as an intermediate step prior to landfill disposal) and otherwise to comply with its obligations under this Agreement with respect to Controllable Waste and Franchise Haulers , and (ii) the City shall designate the Disposal ystem as the disposal location pursuant to such franchise, contract , lease or other agreement. On and after the Commencement Date and throughout the Term of this Agreement the City (a) shall not enter into any franchise contract, lease, agreement or obligation , issue any permit, license or approval , or adopt any ordinance , resolution or law which is materially inconsistent with the requirements of the Waste Disposal Covenant, and (b) shall maintain non-exclusive or exclusive franchises or other contractual arrangements over any City Acceptable Waste which, as of the Contract Date, is subject to non-exclusive or exclusive franchise or other contractual arrangements . The City agrees that the County shall be a third party beneficiary of the obligation of Franchise Haulers to deliver ontrollable Waste to the Disposal System, and may directly enforce such obligation through any legal means available . The City shall notify in writing each Franchise Hauler of the County's third party beneficiary rights. (E) Waste Flow Enforcement. (1) The City, in cooperation with the Department , shall establish, implement, carry out and enforce a waste flow enforcement program which is sufficient to assure the delivery of all Controllable Waste to the Disposal System pursuant to and in accordance with the Waste Disposal Covenant for disposal at the times and in the manner provided herein. The waste flow enforcement program shall consist of amending City franchises , permits or authorizations with all Franchise Haulers , to the extent required by this Section and to the extent allowed by law, and shall include in addition, to the extent necessary and appropriate in the circumstances to assure compliance with the Waste Disposal Covenant , but shall not be limited to:
(i) licensing or permitting Franchise Haulers, upon the condition of compliance with the Waste Disposal Covenant , (ii) providing for and taking appropriate enforcement action under any such franchise , license , or permit, such as but not limited to the suspension , revocation and termination of collection rights and privileges , the imposition of fines or collection of damages , and the exercise of injunctive relief against non-complying Franchise Haulers and (iii) causing any Transfer Station to which Controllable Waste is delivered for processing to deliver certification , under the penalty of perjury , of the amounts of Controllable Waste received and Residue remaining from processing at such Transfer Station .
(2) The City acknowledges and agrees that in the event of a breach of the Waste Disposal Covenant by the City, the City shall pay the County an amount equal to the amount that the City would have been required to pay to the County had the Waste Disposal Covenant not been breached, which shall be calculated by (x) subtracting the number of tons actually delivered during the month(s) of the breach from the number of tons that were delivered during the same month(s) closest in time when there was no such breach, even if such month(s) closest in time was prior to the Term, and (y) multiplying such amount by the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2) . In the event that the County terminates the Waste Disposal Agreement as a result of such breach, the damages due as a result of such termination shall be equal to (aa) the average monthly deliveries by the City for the twelve months prior to the commencement of the breach multiplied by (bb) the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2), multiplied by (cc) the number of months that would have remained in the Term of the Agreement had the termination not occurred . The parties recognize that if the City fails to meet its obligations hereunder , the County will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages.

Therefore , the parties agree that the damages specified above represent a reasonable estimate of the amount of such damages, considering all of the circumstances existing on the date hereto, including the relationship of the sums to the range of harm to the County that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. In signing this Agreement, each party specifically confirms the accuracy of the statements made above and the fact that each party had ample opportunity to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this Agreement was made. (F) Legal Challenges to Franchise System . The City shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant against any challenge thereto, legal or otherwise (including any lawsuits against the City or the County , whether as plaintiff or defendant) , by a 10 Execution Copy
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Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory . The City shall bear the cost and expense of any such Legal Proceeding or other challenge. In the event any such Legal Proceeding relating to the Waste Disposal Covenant or the City's exercise thereof establishes in a final determination that such covenant or exercise thereof is void, unlawful or unenforceable, or if any Franchise Hauler fails to deliver Controllable Waste to the Disposal System in breach of its franchise with the City on the grounds that a judicial determination made by any court or other Applicable Law has rendered its obligation to deliver ontrollable Waste to the Disposal System void, unlawful or unenforceable on any legal grounds , with the result that actual waste deliveries to the Disposal System fall below the Cumulative Tonnage Targets, the County shall be entitled to avail itself of the remedies described in Section 4.2(B) hereof . (G) Franchise Haulers. The City shall compile and provide the Department with the following information concerning all Franchise Haulers: name, address and phone number ; identification number; area of collection and transportation ; and franchise and permit terms. (H) Waste Information System. The City shall cooperate with the Department in collecting information and otherwise monitoring Franchise Haulers in order to assure compliance with this Agreement. uch information may include, to the extent practicable, data pertaining to Controllable Waste collected , transported , stored, processed and disposed of, Recycled City Acceptable Waste collected , transported , stored , processed and marketed or disposed of, Franchise Haulers' franchise, permit or license terms, collection areas, transportation routes and compliance with Applicable Law; and all other information which may reasonably be required by the Department in connection with this Agreement. The City agrees to include in any revised franchise , contract , license or permit or other authorization granted to Franchise Haulers an obligation of the Franchise Hauler to provide to the County information relating to the Controllable Waste collected by such Franchise Hauler , including origins from which such Controllable Waste was collected , tonnage by type of load (residential , commercial , roll-off box), customer service levels, tonnage delivered by transfer station or material recovery facility utilized, and other related information .
(I) Citv Actions Affecting County. The City agrees to carry out and fulfill its responsibilities under this Agreement and Applicable Law so as to permit full and timely compliance by the County with its covenants and agreements with the State. In particular , the City agrees not to conduct , authorize or permit any disposal services for Controllable Waste to be provided in competition with the Disposal Services provided by the County hereunder , and not to take or omit to take any action with respect to Controllable Waste or its collection , transportation , transfer , storage , treatment or disposal that may materially and adversely affect the County 's ability to achieve such timely compliance. Notwithstanding the foregoing , the City shall not be required to deny any permit or license or refuse to grant any approval while exercising its police powers . (J) o Right of Waste Substitution . Nothing in this Agreement shall authori ze or entitle the ity to deliver or cause the delivery to the Disposal System of Acceptable Waste originating from or generated outside the jurisdiction of the City, nor obligate the County to receive or dispose of any such Acceptable Waste .

The City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Waste to the County hereunder , and shall not permit any Acceptable Waste originating from or generated outside the jurisdiction of the City to be substituted for Controllable Waste for any purpose hereunder. (K) Annexations and Restructuring. It is the intention of the parties that this Agreement and the obligations and rights of the City hereunder , including particularly the Waste Disposal Covenant and the Contract Rate, shall, to the extent permitted by Applicable Law, extend to any territory annexed by the City (or any territory with respect to which the City assumes , after March 30, 2008, solid waste management responsibility from a Sanitary District or other public entity) and shall bind any successor or restructured Governmental Body which shall assume or succeed to the rights of the City under Applicable Law .

SECTIO 3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY . (A) Service Covenant. Commencing on the Commencement Date, the County shall provide or cause the provision of the service of ( 1) receiving and disposing of all Controllable Waste at the Disposal System (or such other facilities , including transfer stations , as the County may determine to use), (2) disposing in accordance with subsection 3.2(C) hereof of Controllable Waste which, at any time and for any reason, is in excess II
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of the disposal capacity of the Disposal System , and (3) in accordance with subsection 3.3(C) hereof , disposing of Unacceptable Waste inadvertently accepted at the Disposal System. The County , to the maximum extent permitted under Applicable Law, shall use its best efforts to keep the Olinda Alpha, Prima Deshecha and Frank R. Bowerman Landfills open for the receipt of waste for disposal or transfer of Controllable Waste pursuant to this Agreement.

The County shall do and perform all acts and things which may be necessary or desirable in connection with its covenants in this subsection , including without limitation all planning , development , administration , implementation , construction , operation, maintenance, management , financing and contract work related thereto or undertaken in connection therewith. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Service Covenant consistent with its responsibilities hereunder and under this Agreement , Applicable Law and prudent solid waste management practice and environmental considerations . (B) Particular Facilities. The Department and the City shall consult and cooperate in determining whether and to what extent from time to time other landfills other than that primarily used by the City shall be utilized to receive Controllable Waste. The Department shall immediately advise the City by telephone of any situation , event or circumstance which results in the partial or complete inability of the County to receive Controllable Waste at any particular landfill within the Disposal System, its effect on the County ' s ability to perform its obligations hereunder , and the County's best estimate of the probable duration . The Department shall confirm such advice in writing within 24 hours of the occurrence of any such inability. The County shall use its best efforts to resume normal operation of the landfill primarily used by the City as soon as possible . In the event of a temporary material increase in average daily deliveries of Controllable Waste from the City which the County reasonably believes could result in the permitted daily disposal capacity limit to be exceeded with respect to a particular landfill within the Disposal System, the County shall have the right to redirect the increased Controllable Waste to another landfill within the Disposal System for the duration of the increase in average daily deliveries ; provided, however , that in such circumstances the County shall utilize reasonable efforts to first redirect waste which is not Controllable Waste.
(C) Compliance with Service Covenant Not Excused for any Reason . Commencing on the Commencement Date, the obligations of the County to duly observe and comply with the Service Covenant shall apply continuously and without interruption for the Term of this Agreement. In the event that any Change in Law or other Uncontrollable Circumstance impairs or precludes compliance with the Service Covenant by the means or methods then being employed by the County , the County shall implement alternative or substitute means and methods to enable it to satisfy the terms and conditions of the Service Covenant. In the event that a Change in Law precludes the County from complying with such covenants with the means or methods then being employed and from utilizing any alternate or substitute means or methods of compliance , the County shall continuously use all reasonable efforts to effectuate executive, legislative or judicial change in or relief from the applicability of such law so as to enable the County lawfully to resume compliance with such covenants as soon as possible followin g the Change in Law .

SECTIO 3.3 COUNTY RIGHT TO REFUSE WASTE .
(A) Right of Refusal. otwithstanding any other provision hereof , the County may refuse delivery of:
(1) Hazardous Waste ;
(2) Controllable Waste delivered at hours other than those provided in Section 3.5 hereof;
(3) Waste that does not constitute Acceptable Waste ;
(4) Waste that is delivered by any party which has not executed a Waste Disposal Agreement ; and
(5) Controllable Waste consisting primarily of construction and demolition debris or inerts which may cause a particular facility 's daily tonnage limit to be exceeded . 12 Execution Copy
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(B) Identification of Unacceptable Waste. The Department shall have the right (but not the duty or the obligation) to inspect the vehicles of all Franchise Haulers delivering material to the Disposal ystem, and may require that the Franchise Hauler remove any Unacceptable Waste from such vehicle before it is unloaded.

If the Department determines that it is impractical to separate Controllable Waste from Unacceptable Waste in any vehicle, or if the Franchise Hauler delivering such waste is unwilling to make such separation, or if any vehicle is carrying waste which may spill or leak, then the Department may reject the entire vehicle, and the City shall forthwith remove or cause the removal of the entire delivery from the Disposal System. The Department may take all reasonable measures to prevent waste from being blown or scattered before and during unloading. The City shall cause the Franchise Haulers to observe and comply with Applicable Law, the operating rules and regulations of the Department, and the provisions of this Agreement prohibiting the delivery of Unacceptable Waste to the Disposal ystem.
(C) Hazardous Waste and Hazardous Substances. The parties acknowledge that the Disposal System has not been designed or permitted, and is not intended to be used in any manner or to any extent, for the handling, transportation, storage or disposal of Hazardous Waste or Hazardous Substances. Neither the County nor the City shall countenance or knowingly permit the delivery of Hazardous Waste or Hazardous ubstances to the Disposal System.
(D) Disposal of Unacceptable Waste and Hazardous Waste. If Unacceptable Waste or Hazardous Waste is discovered in a vehicle at any landfill within the Disposal System, the driver of the vehicle will not be permitted to discharge the load. If a vehicle is observed unloading Unacceptable Waste or Hazardous Waste in the tipping area of a landfill within the Disposal System Department personnel will use reasonable efforts to assure that such material has been characterized, properly secured and its disposition resolved. The return or reloading onto the delivery vehicle of any Hazardous Waste, Prohibited Medical Waste or other waste requiring handling or transportation shall be conducted in accordance with Applicable Law. Whenever Hazardous Waste is detected at any landfill within the Disposal System, the Department shall take immediate action in accordance with Applicable Law.
(E) Source-Separated Household Hazardous Waste. The County shall maintain, as part of the Disposal System, a Source-Separated Household Hazardous Waste Disposal System for the disposal of ource Separated Household Hazardous Waste. The disposal service provided by such system shall constitute part of the Disposal Services, and shall be available to Participating Cities as part of the Contract Rate. The County may impose additional fees and charges for services relating to Source-Separated Household Hazardous Waste with respect to cities which are not parties to a Disposal Agreement. The County may provide for the expansion, contraction or modification of the Source-Separated Household Hazardous Waste Disposal System and its services to the extent necessary to ensure the Disposal System's viability; provided, however, if the County chooses to reduce services, the County shall nonetheless continue to expend funds for the Source-Separated Household Hazardous Waste Disposal System each year during the term of this Agreement in an amount at least equal to the amount of funds expended for the Source-Separated Household Hazardous Waste Disposal System during fiscal year 2006-07 as adjusted by changes in the Producer Price Index.

SECTION 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE. Commencing on the Commencement Date, the County in accordance with Applicable Law shall provide or cause to be provided the service of disposing of non-recycled Acceptable Waste originating or generated within the Unincorporated Area and, with respect to such waste, shall comply with the Waste Disposal Covenant as if the County constituted a City subject to the Waste Disposal Covenant hereunder. Rates charged by the County for the disposal of each class of non-recycled Acceptable Waste generated in the Unincorporated Area shall be the same as the Contract Fee charged for the disposal of each class of Controllable Waste. The County shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant (with respect to non-recycled Acceptable Waste generated in the Unincorporated Area) against any challenge thereto, legal or otherwise, by a Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The County shall bear the cost and expense of any such Legal Proceeding or other challenge (with respect to non-recycled Acceptable Waste generated in the Unincorporated Area). 13 Execution Copy
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SECTIO 3.5 MISCELLANEOUS OPERATIONAL MA TIERS.
(A) Operating Hours . The County shall keep the Disposal System open for the receiving of Controllable Waste during such regular operating hours as may be established by the Department in the operatin g rules and regulations applicable to the Disposal System. The County shall utilize best efforts to maintain substantially similar hours, as were in effect on January 2, 2009, for the receipt of waste through the term of this Agreement (subject to Applicable Law) .
(B) Scales and Weighing. The Department shall operate and maintain permanent scales at the Disposal System. The Department shall weigh all vehicles delivering waste by or on behalf of the City (whether or not the County accepts such waste) and prepare a daily weight record with regard to such delivery . (C) Service Coordinator . The County and the City each shall designate in writing thirty days prior to the expected Commencement Date a person to transmit instructions , receive information and otherwi se coordinate service matters arising pursuant to this Agreement (each a "Service Coordinator "). Either party may designate a successor or substitute Service Coordinator at any time by notice to the other party. (D) Review of Records . Each party may review the other party ' s books and records with respect to matters relevant to the performance by either party under this Agreement or otherwise related to the operation of the Disposal System to the extent allowed under the California Public Records Act (interpreted as if the parties to this Agreement were natural persons for purposes of the Public Records Act).

SECTIO 3.6 OTHER USERS OF THE DISPOSAL SYSTEM .
(A) On or Before [ , 20091. On or before [120 DAYS AFTER BOARD APPROVAL] , the County shall have the right to enter into waste disposal agreements with Orange County entities with respect to Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of the County , including other cities in the County , Sanitary Districts , Transfer Stations and Independent Haulers , which waste disposal agreements shall have terms and provisions substantially identical to the terms and provisions of this Agreement ; provided , however, that in no event shall such agreements have terms and provisions more favorable than the terms and provisions of this Agreement (including but not limited to the Contract Rate and availability of disposal capacity) .
(B) After [ , 2009. After [120 DAYS AFTER BOARD APPROVAL] , the County shall have the right to enter into waste disposal agreements with Orange County entities , including any city, anitary District , Transfer Station and Independent Hauler, or otherwise accept Acceptable Waste from such parties,
but only within the limitations contained in this Section. Any such agreement or waste acceptance agreement must provide that the party delivering waste shall pay a Posted Disposal Rate at least I 0% higher than the Contract Rate unless the County determines it is in the best interest of the Disposal System to establish a Posted Disposal Rate less than I 0% higher than the Contract Rate. In no event shall the Posted Disposal Rate be equal to or less than the Contract Rate. In addition , the County shall reserve the right in any such waste disposal agreement at any time, to the extent permitted by Applicable Law, to refuse to receive and dispose of Acceptable Waste from any city, County anitary District , Transfer Station and Independent Hauler if and to the extent that such receipt and disposal may materially and adversely affect the ability of the County to comply with its obligations to the Participatin g Cities under the Disposal Agreements to which each is a party. (C) Receipt of Imported Acceptable
Waste on a Contract Basis . The County shall have the right to enter into a contract or other agreement with any municipal or private non-County entity for the delivery oflmported Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Disposal System for the benefit of the County and the Participating Cities and to generate et Import Revenues. The County certifies that in its good faith judgment the contract or other agreement for the delivery of such waste will not materially and adversely affect the ability of the County to receive and dispose of Acceptable Waste from the Participating Cities in accordance with the applicable Disposal Agreements throughout the Term thereof. The term of any such agreement for the disposal of Imported Acceptable Waste shall end by the later to occur of (i) December 31, 2015 or (ii) the date on which County general purpose revenues are no longer expended to pay debt service on the Orange County Public 14 Execution Copy
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Financing Authority Lease Revenue Refunding Bonds Series 2005, but in no event later than the last day of the fiscal year commencing July I, 2015.
(D) Self Haulers. The City and the County acknowledge that Self-Haulers shall be entitled to deliver Self-Hauled Waste to the Disposal System , on a non-contract basis, at the Posted Disposal Rate . Such elf Haulers shall not be entitled to dispose of Acceptable Waste for the Contract Rate. (E) Aoolication and Use of Revenues From Other Users . All revenues received by the County from the disposal of County Acceptable Waste by the Disposal System , and all revenues received by the County from the disposal oflmported Acceptable Waste by the Disposal System , shall be deposited by the County in the County OC Waste & Recycling Enterprise Fund and shall constitute revenues of the Disposal ystem .

Pursuant to the County ' s Plan of Adjustment , the County is entitled to receive net revenues (after payment of all costs attributable to the acceptance of such Imported Acceptable Waste at the Disposal System) (" et Import Revenues ") from the disposal of Imported Acceptable Waste by the Disposal System , and such et Import Revenues may be used for the payment of bankruptcy related obligations in accordance with the Plan of Adjustment.

Costs attributable to the disposal of Imported Acceptable Waste include deposits to the Environmental Fund, deposits to closure and postclosure reserves, City host fees (if applicable), incremental operating costs (such as manpower expenditures , equipment , services and supplies expenditures), state surcharges , and a pro rata share of capital project costs . The parties acknowledge that their intention in determining to allow the importation of Imported Acceptable Waste for disposal by the Disposal System is to stabilize the Contract Rate at rates below those which would otherwise prevail in the absence of such importation .

SECTION 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES . (A) County-Wide Recycling Services . This Agreement does not require the County to provide for any source reduction , materials recovery , recycling , composting , or other waste diversion services by the County nor any payment therefor by the City, by Franchise Haulers or by ratepayers ; provided , however , any County-Wide Recycling Services may be funded through the County OC Waste & Recycling Enterprise Fund . Any such recycling services may be expanded, contracted or modified by the County at any time in its sole discretion. (B) Separate City-County Diversion Service Agreements. Nothing in this Agreement is intended to limit the right of the County to enter into a separate agreement with the City or any other person to provide source reduction , materials recovery, recycling , composting or other waste diversion services . Any such program conducted by the County , whether in participation with the City, any other of the Participating Cities, other Cities, Sanitary Districts , Transfer Stations , Independent Haulers , Unincorporated Area or non-County entity, shall be operated , managed and accounted for as a program separate and distinct from the Disposal Services program contemplated by the Disposal Agreements and shall not be funded through the general revenues of the Disposal System.

ARTICLE IV

CONTRACT RATE
SECTIO 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE . The City acknowledges that the County shall have the right to charge and collect a Contract Rate for the acceptance and disposal of Controllable Waste delivered to the System by any Franchise Hauler . The Contract Rate shall be calculated and established , and may be modified , as provided in Section 4.2 hereof. In addition , the City acknowledges that the County shall have the right to establish as part of the operating rules and regulations reasonable measures to secure the payment of all Contract Rates.

SECTIO 4.2 CO TRACTRATE .
(A) Establishment of Contract Rate . The Contract Rate payable by each Franchise Hauler shall be (x) $22.00 per ton from the Commencement Date through June 30, 2010 , and (y) $29.95 per ton on and after July I, 20 I 0, in both cases contingent on the delivery to the Disposal System of an amount of Acceptable Waste at 15 Execution Copy
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least equal to the Cumulative Tonnage Targets identified in Appendix 2, and subject to adjustment necessary to reflect the circumstances set forth in this Section 4.2:
(i) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Uncontrollable Circumstances , other than Changes in Law ; (ii) costs incurred by the County (in excess of available insurance proceeds and amounts available in the Environmental Fund for such purposes) remediating env ironmental conditions at the Disposal System or inactive or closed disposal sites in the County , which, if uncorrected , could give rise to potential claims under CERCLA or related federal or state statutes , including costs incurred providing indemnification to any Participating City pursuant to subsection 7.3; or
(iii) tonnage shortfalls to the extent permitted by Sections 4.2(B) ; (iv) average annual inflation prior to July 1, 2010 in excess of the levels set forth in ection 4.2(H) and escalation pursuant to Section 4.2(F) ; (v) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Changes in Law ; or (vi) Capital Costs in excess of the Capital Costs at any point in time during the term hereof exceeding the Cumulative Capital Costs set forth in Appendix 3.

Prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (i), (ii) or (iii) above , the County shall utilize the following remedies in the following order of priority:
(x) reduce the costs of operating the Disposal System to the extent practicable ; and (y) utilize Unrestricted Reserves to pay costs of the Disposal System .

The County will not be required to utilize such remedies prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (iv) , (v) or (vi) above.

Any adjustments to the Contract Rate permitted by this Section shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized .

The County agrees that it will evaluate the feasibility of long term financing for significant capital costs where appropriate.
(B) County Acceptable Waste Shortfall. In the event that the actual amount of County Acceptable Waste delivered to the Disposal System at the end of any Contract Year is less than the Cumulative Tonnage Target for such Contract Year for County Acceptable Waste, as specified in Appendix 2, the County shall utilize the following options , in the following order of priority, in order to remedy any adverse effects of such tonnage shortfall:
(i) reduce the costs of operating the Disposal System to the extent practicable ; (ii) utilize Restricted Reserves described in clause (iii) of Section 4.5 to pay costs of the Disposal System ;
(iii) utilize Unrestricted Reserves to pay costs of the Disposal System ; and (iv) adjust the Contract Rate .

In the event that implementation of the steps described above does not result in sufficient revenues to satisfactorily address the shortfall in tonnage , the County shall have the right to terminate the Agreement on 60 days written 16 Execution Copy
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notice to the City . In addition , in the event that actual deliveries to the Disposal System exceed the Cumulative Tonnage Target as of the end of any Contract Year , the City acknowledges the County shall have the right to establish reserves intended to reflect the potential for lower than expected annual waste del iveries in subsequent years, and that any such reserves shall constitute "Restricted Reserves". (C) [RESERVED]
(D) Interim Use of Remedies. In the event that, during any Contract Year , waste deliveries to the Disposal System are 25% or more below delivery projections for such Contract Year with the result that the County determines it is unlikely that the Cumulative Tonnage Target will be achieved as of the end of such Contract Year, the County may utilize the remedies described in Section 4.2(B) prior to the end of such Contract Year; provided, however , that if at the end of such Contract Year , the Cumulative Tonnage Target is actually met, the County shall reimburse any adjustments to the Contract Rate made pursuant to this Section to Participating Cities .

Such reimbursement may be given as a credit or adjustment to the Contract Rate for future deliveries, rather than a lump sum payment.
(E) Special Charges . Notwithstanding Section 4.2(A) , the County shall have the right to impose special charges for the receipt of hard to handle materials, such as bulky materials , construction and demolition debris , tree stumps and sludge. Such special charges shall be calculated to reflect the reasonable incremental costs to the County of accepting such hard to handle materials. In addition , in the event that the Board of Supervisors of the County makes a determination to implement a facility (including but not limited to a transfer station, landfill, conversion technology facility , or a materials recovery or processing facility) , which facility would be intended to provide for disposal alternatives after the closure of one or more of the landfi lls currently operating within the Disposal System, the County may impose an additional charge of $0.50 per ton of Acceptable Waste in order to pay the costs of the study, development, planning, construction and/or operat ion of such facility .

Adjustments pursuant to this Section 4.2(E) shall not require compliance with the provisions of Section

4.2(1).
(F) Escalation . The Contract Rate shall be adjusted each July I, beginning July 1, 2011. The change will be equal to the positive percentage change in the Consumer Price Index - All Urban Consumers , U . . city average , All items, ot Seasonally Adjusted , Series ID CUUROOOOSAO ("CPI") as measured from the October 21 months prior to the rate adjustment to the October immediately preceding the rate adjustment. For example : The July I, 2011 rate adjustment shall be based upon the index change from October 2009 , to October 2010 , referred to as year 1 and year 2 respectively in the following example .

Formula to calculate percentage change in the Contract Rate:

Step 1:
[
October Year 2 CPI ] - I = % increase in Contract Rate October Year 1 CPI Step 2: Current Contract Rate x (1 +%increase in Contract Rate) = Contract Rate as of July 1 Year 2 On each April 1, commencing April 1, 2011, the County shall provide the City with notice of the adjustment to the Contract Rate to be effective the following July 1. Such notice shall contain the calculation of the adjustment set forth above. The County will calculate the new Contract Rate each year.

In the event that the change in the CPI is negative , no rate adjustment will be made for that year . o adjustment under this Section 4.2(F) will take place until the October CPI index surpasses the index level as of the October immediately preceding the last annual rate adjustment pursuant to this Section 4.1 (F), which will be considered
"year I" in calculating the change in the Contract Rate . 17 Execution Copy
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For example, if the CPI is measured as follows: October 2009 = 205, October 2010 = 204, October 2011 = 201, October 2012 = 208, then there would be no adjustment in July 2011, or July 2012 , and an adjustment equal to the change from 205 to 208 would be implemented on July I, 2013 .

Adjustments pursuant to this Section 4 .2(F) shall not require compliance with the prov isions of Section

4.2(I).
(G) Adjustment Resulting from Increased Fees. In addition to the other adjustments specified herein, the Contract Rate shall be adjusted to reflect the imposition of new fees or increase in existing fees relating to the disposal of Controllable Waste imposed by state, federal or other agencies (i.e., the State's Integrated Waste Management fee, which is currently $1.40 per ton). The adjustment shall be equal to the amount of any new or increased fee, and the adjustment shall take effect so as to coincide with the imposition of the new or increased fee.

The County shall provide notice of any increase pursuant to this Section 4.2(G) as soon as practicable after becoming aware of the imposition of any fees described above.

Adjustments pursuant to this Section 4.2(G) shall not require compliance with the provisions of Section

4.2(1).
(H) Calculation of Cumulative Inflation Rate. For purposes of Section 4.2(A)(iv) for adjustments prior to July 1, 20 I1 , the inflation shall be calculated as the change in the CPT between July of the year of calculation and July I, 2008. Inflation shall be deemed to exceed the levels set forth below if the ratio between the CPI for July for the year of calculation (calculated in accordance with the formula below) and July 2008 exceeds the ratio corresponding to such year of calculation on the table below . The ratio shall be calculated in accordance with the following formula:
(July CPI of calculation year I CPI for July 2008)
Year of Calculation Ratio
July I, 2008 I .OOOO
July 1, 2009 1.0356
July I, 2010 1.0723
In the event the CPI is no longer published during the term of this Agreement , such other index identified by the Bureau of Labor Statistics or otherwise generally accepted as a replacement for CPI shall be used for purposes of this Agreement. In the event of an adjustment to the Contract Rate pursuant to this section 4.2(H) , such adjustment shall be applied to the Contract Rate effective until June 30, 2010, and the Contract Rate effective July I , 20 I 0.

Adjustments pursuant to this Section 4.2(H) shall not require compliance with the provisions of Section

4.2(1).
(I) Procedure for Rate Adjustments. In the event the County determines that it is entitled to an adjustment of the Contract Rate pursuant to Section 4.2(A) (other than 4.2(A)(iv )) or Section 4.2(B), it shall utilize the procedures described in this Section 4.2(1). The County shall be required to provide the City with at least 90 days prior written notice of the adjustment, which notice shall identify the specific event(s) or circumstances which require the adjustment. The notice shall also specify the earliest date on which the County Board of Supervisors shall consider the proposed adjustment. At least 45 days prior to such meeting of the Board of Supervisors , the County shall provide the City with a report which shall contain the following infom1ation: a description of the specific event(s) or circumstances which require the adjustment; a description (including cost estimates) of any activities (which may include, but not be limited to capital improvements to the Disposal System) required in order to remedy such event or circumstance ; certification by the County that it has implemented the remedies described in Section 4.2(A) or (B) prior to requiring the rate adjustment; and a description of the methodology used by the County to calculate the adjustment to the Contract Rate (hereinafter the "County Report ").

In the event the City disputes the adjustment, it shall provide the County with a written description of the reason for the dispute at least 10 days prior to the meeting of the Board of Supervisors identified in the initial notice of the County (hereinafter the "City Report"). The City Report shall be provided to the Board of Supervisors for 18 Execution Copy
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consideration at such meeting in connection with the proposed rate adjustment. At any time from and after the date that the County provides the City with the County Report , upon the request of either party, the City and County shall meet and confer in good faith to resolve any dispute that may arise regarding the proposed adjustment to the Contract Rate . In any such meeting , the County shall be represented by the Director of the Department or his or her designee . In the event the Board of Supervisors approves all or a portion of the proposed rate adjustment , such rate adjustment shall become effective on the date identified in the initial notice sent by the County regardless of whether or not the procedures in Section 4.2{1) are utilized , but subject to potential reimbursement pursuant to clause (II) of Section 4.2(J).
(J) Procedure for Expedited Judicial Review of Contested Rate Adjustment. In the event that, within 30 days after the effective date of any Contract Rate adjustment made pursuant to Section 4.2(1), Participating Cities which , in the aggregate , accounted for more than 50% of the County Acceptable Waste delivered to the County System in the twelve months preceding the Contract Rate adjustment , provide notice to the County of their election to utilize the procedures described in this Section 4.2(J) , then the provisions of this Section 4.2(1) shall be utilized by such Participating Cities and the County to resolve the dispute over the Contract Rate Adjustment. In the event that Participating Cities which have delivered the amount of waste contemplated in the preceding sentence do not provide notice to the County of such election , the County shall have no obligation to participate in or cooperate in the implementation of the procedures described below in this Section 4.2(1). (I) In order to pursue the expedited judicial determination described in this ection (the "Expedited Rate Determination") , the Participating Cities which have made the election described in the paragraph above (the "Challenging Cities") must commence a civil action for breach of contract (the "Action") in the Orange County Superior Court within 45 days of the date on which the Board of Supervisors approves the challenged adjustment to the Contract Rate .
(2) Within two (2) days of filing the Action , the Challenging Cities shall personally serve on the County Counsel both the summons and complaint , and a stipulation and request for the entering of an order incorporating all of the procedural provisions relating to the Expedited Rate Determination as set forth in this Section 4.2{1) (such stipulation and request for order is hereinafter referred to as the "Expedited Rate Determination Stipulation") . The Expedited Rate Determination Stipulation shall be signed by each of the Challenging Cities. (3) Within fifteen (15) days of the date of service upon the County of the summons and complaint , and Expedited Rate Determination Stipulation , the County Counsel shall execute the Expedited Rate Determination Stipulation and personally serve upon the Challenging Cities through their counsel of record the Expedited Rate Determination Stipulation and its answer to the complaint in the Action. The Stipulation shall also include a waiver by each of the parties of their right to a jury trial of the issues raised in the Action. The City and the County mutually agree that the duty to execute the Expedited Rate Determination Stipulation and comply with the procedures set forth for Expedited Rate Determination in this Section 4.2{1) shall be , and are hereby deemed to be, ministerial duties which the law specifically enjoins upon each of them, and shall be subject to enforcement by the parties herein pursuant to Code of Civil Procedure Section 1085, et seq., or by means of a complaint for specific performance.
( 4) Within three (3) days of the date of service by the County upon the Challen ging Cities of the fully signed Expedited Rate Determination Stipulation, the County and the Challenging Cities shall jointly make ex parte application to the Orange County Superior Court in the Action for the issuance of the order contained in the Expedited Rate Determination Stipulation . At such ex parte application , the County and the Challenging Cities shall also seek to confirm with the Orange County Superior Court the briefing schedule , and request a hearing date in accordance with the procedures set forth in this Section 4.2(J). (5) Within ten (10) days of the date of service by the County upon the Challen ging Cities of the answer in the Expedited Rate Determination , the Challenging Cities shall file with the court and personally serve upon the County the Challenging Cities ' opening brief and the Record in the Expedited Rate Determination . The opening brief shall not exceed 15 pages in length. The Record shall consist of, and be limited to, the record of the proceedings before the Board of Supervisors with respect to the adjustment of the Contract Rate , including but not limited to the County Report and the City Report prepared by each or any of the Challenging Cities pursuant to Section 4 .2(1), any materials filed or lodged with the Board of Supervisors and the Orange County 19 Execution Copy
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Waste Commission, the transcript of the proceedings of the Board of Supervisors meeting and the Orange County Waste Commission, the minutes of the Board of Supervisors and the Orange County Waste Commission meeting, and the resolution and/or other documentation evidencing action by the Board of Supervisors and the Orange County Waste Commission to adjust the Contract Rate pursuant to Section 4.2(A) or (B). The record shall also include the most recent reports prepared pursuant to Sections 4.6 and 4.7. The Expedited Rate Determination shall be decided solely on the evidence in the Record, and no extrinsic evidence shall be submitted to or considered by the court.
(6) Within ten (1 0) days of service by the Challenging Cities of their opening brief and the Record, the County shall file and personally serve upon the Challenging Cities the County's opposition brief. The opposition brief shall not exceed 15 pages in length. (7) Within five (5) days of service by the County upon the Challenging Cities of the opposition brief, the Challenging Cities may file and personally serve upon the County a rebuttal brief, which shall not exceed 10 pages in length.
(8) The trial of the Expedited Rate Determination shall be conducted as a hearing which shall be conducted at the date set by the court in the ex parte hearing conducted pursuant to Section 4.2(J)( 4), or such other date and time ordered by the court. If the court requests the parties to prepare supplemental briefs in response to any question or issue raised by the court, the parties may do so. (9) The standard of review for the Expedited Rate Determination shall be the preponderance of the evidence based upon the Record . The burden of proof shall be borne by the Challenging Cities, and the burden of proof shall be the same as with respect to a plaintiff in a damages action for breach of contract. Both parties have participated in the drafting of this Agreement. Accordingly, nothing set forth in this Agreement shall be interpreted or construed for or against either of the parties as a consequence of their participation in the drafting of this Agreement.
(10) The court shall issue its written statement of decision and enter judgment within thirty (30) days of the date of the hearing in the Expedited Rate Determination. (11) If the court determines that any portion of the County ' s adjusted Contract Rate which is the subject of the Expedited Rate Determination was improperly imposed, the County shall, within 30 days of the date of the statement of decision, reimburse to the City the amount improperly imposed , together with interest calculated at the highest percentage rate that does not constitute usury under California laws. Such reimbursement may be made in the form of a reduction in the Contract Rate for a future period (not to exceed twelve months) reasonably calculated to provide full reimbursement of the amounts described above. (12) If for any reason the court does not sign the order contained in the Expedited Rate Determination Stipulation, the City shall, within 30 days of the court's denial of such requested order, file with the court and personally serve upon the County a motion for summary judgment and/or motion for judgment on the pleadings, in accordance with Code of Civil Procedure Section 437(c) and 438. By executing this Agreement , the parties hereby stipulate that, in the event that the Challenging Cities file such summary judgment motion and/or motion for judgment on the
pleadings, the Record shall be deemed to have been incorporated into the complaint and answer filed by the Challenging Cities and the County, and no evidence outside of the Record is relevant or material to the dispute raised in the Expedited Rate Determination. The briefing schedule and hearing on such motion for summary judgment and/or motion for judgment on the pleadings shall be in accordance with Code of Civil Procedure Section 437(c). The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in Section 4.2(J) that are not in conflict with this paragraph (12). (13) In the event that the court both does not sign the order contained in the Expedited Rate Determination Stipulation and either does not hear or does not issue a ruling on the merits on the motion for summary judgment and/or judgment on the pleadings which is dispositive of the issues, claims and causes of action in the complaint filed by the Challenging Cities, the County and the Challenging Cities shall, within twenty days following the issuance of the Court's order or decision not to honor the parties' stipulation or not to hear the parties' motion for summary judgment, make application to the Presiding Judge of the Orange County 20 Execution Copy
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uperior Court for an expedited hearing or trial date. The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in Section 4.2{1) that are not in conflict with this paragraph (13). In this regard, and without limiting the foregoing, the only evidence to be presented at the hearing or trial shall be the Record, no testimony shall be presented at the hearing or trial; and both the County and the Challenging Cities waive all rights to a jury trial, to any reconsideration ofthe decision of the court, to a new trial after the court renders a decision, and to any appeal or review of the decision of the court.

SECTIO 4.3 RESPONSffiTLITY FOR PAYMENT OF THE CONTRACT RATE . (A) Payment by Citv. In the event and to the extent (1) the City uses municipal collection forces directly for the haulage of Controllable Waste to the Disposal System or (2) the City uses non-municipal Franchise Haulers for collection but nonetheless elects to pay the Contract Rate from City revenues , the City, as its own Franchise Hauler, shall have direct responsibility for payment of the Contract Rate, and shall take all such budgetary, appropriation and other action as may be necessary to provide for the timely payment of the Contract Rate. Such action may include , depending upon the means authorized by the City to provide for such payment , the levy and collection of general or special taxes, the imposition of benefit assessments , or the collection of user fees, generator charges or other similar impositions for municipal solid waste disposal. The City shall use best efforts in accordance with Applicable Law to levy and impose all such taxes, assessments, fees or charges , and will take all steps, actions and proceedings for the enforcement , collection and payment of all such amounts which shall become delinquent , to the full extent permitted by Applicable Law. To the extent provided in Section 7.5 hereof, the obligation of the City for such Contract Rates shall be limited to amounts in the City's Solid Waste Enterprise Fund.

From the Commencement Date to the date of expiration or termination of this Agreement, the obligation to the City to pay the Contract Rate, to the extent the City rather than Franchise Haulers is responsible directly for payment and provided that the Service Covenant has been complied with, shall be absolute and unconditional and shall not be subject to delay or diminution by reason of set-off, abatement, counterclaim, existence of a dispute or otherwise . (B) Payment by Franchise
Haulers . With respect to Controllable Waste delivered by Franchise Haulers other than City municipal collection forces, the obligation to pay the Contract Rate shall rest with such Franchise Haulers and not with the City and, unless the City has agreed with the County to be responsible for Franchise Hauler payments , the City shall not be financially responsible for any delay or failure by such Franchise Hauler to pay the Contract Rate or any portion thereof when due. ln the event of any such failure, the County and the City shall cooperate with each other and use their best efforts to obtain timely payment. Such efforts by the County may include, as appropriate, requiring cash payments for disposal rights from such Franchise Hauler and bringing a legal proceeding for payment and damages. Such efforts by the City may include , as appropriate , legal proceedings to suspend, revoke or terminate the Franchise Hauler's franchise , permit or license rights . (C) Disputes. If the City or the Franchise Hauler disputes any amount billed by the County in any Billing Statement , the City or the Franchise Hauler shall nonetheless pay the billed amount and shall provide the County with written objection within 30 days of the receipt of such Billing Statement indicating the amount that is being disputed and providing all reasons then known to the City or the Franchise Hauler for any objection to or disagreement with such amount. If the City or the Franchise Hauler and the County are not able to resolve such dispute within 30 days after the City's or the Franchise Hauler's objection, either party may pursue appropriate legal
remedies .

SECTIO 4.4 BILLING OF THE CONTRACT RATE. The County shall continue to bill Contract Rates after the Commencement Date, in the same manner as it has customarily billed tipping fees. ubject to the other provisions of this Agreement, the County shall have the right to modify or amend such manner of billing on reasonable notice to affected parties .

SECTION 4.5 RESTRICTED RESERVES . For purposes of this Agreement, "Restricted Reserves " means cash and other reserves of the Disposal System which are restricted to specific uses or are otherwise being reserved by the County to meet its obligations hereunder throughout the term of the Agreement with respect to the Disposal System pursuant to any Applicable Law, contract, adopted budget, budgetary policy of the County with respect to the Disposal System, or other arrangement. Such cash and other reserves are not required to be deposited in separate accounts or funds in order to constitute "Restricted Reserves" hereunder, and may be commingled with 21 Execution Copy
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Unrestricted Reserves or other funds of the County attributable to the Disposal System . "Restricted Reserves " shall include, but not be limited to, the following:
(i) reserves for closure of components of the Disposal System to the extent requi red by Applicable Law ;
(ii) amounts reserved by the County for funding of post closure maintenance and monitoring with respect to components of the Disposal System; (iii) reserves established to protect the Disposal System against the adverse financial impact of potential decreases in waste deliveries pursuant to Section 4.2(B); (iv) amounts reserved to pay the costs of capital improvements with respect to the Disposal System ;
(v) amounts funded from revenues during the early years of the term of the Agreement reserved to enable the County to provide disposal services for the Contract Rate during the later years of the Agreement ;
(vi) amounts temporarily held by the County prior to payment to the State or other Governmental Bodies pursuant to Applicable Law (including any fees or charges payable to the State Integrated Waste Management Board) ;
(vii) reserves required to meet bond covenants pursuant to fina ncing agreements for Disposal System assets to the extent such amounts must be legally separate and distinct from other reserve s identified in this Section ;
(viii) security deposits from landfill deferred payment program users; (ix) amounts held by the County in the Environmental Fund (provided , however , that such amounts in the Environmental Fund will be made available and used by the County if required to pay costs relating to environmental remediation or other related costs) ; (x) AB939 surcharges ;
(xi) amounts held by the County in the Corrective Action Fund held pursuant to CCR Title 27 to demonstrate financial assurance to pay for potential groundwater contamination ; and (xii) an amount equal to three months of budgeted expenses for the Disposal System for the current fiscal year , representing working capital of the Disposal System.

SECTIO 4.6 AUDITED FINA CIAL STATEMENTS . The County shall annually, on or before January l each year, prepare or cause to be prepared and have on file for inspection an annual report for the preceding Contract Year , accompanied by a certificate of an independent public accountant or of the County Auditor and Controller as to the examination of the financial statements therein (describing such statements as fairly presenting the information therein in conformity with generally accepted accounting princ iples) relating to the Disposal System, the Disposal Services , and the fiscal activities of the County OC Waste Disposal Enterprise Fund , and including statements in reasonable detail of the financial condition of the County OC Waste Disposal Enterprise Fund as of the end of the Contract Year and revenue and expenses for the Contract Year.

SECTIO 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION . The County shall annually , on or before May I of each year, prepare or cause to be prepared , an updated Ten-Year Financial Projection for the Disposal System . Said Financial Projection shall include at least two full years of prior actual data and ten years of future projections including the following elements:
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1. County Acceptable Waste, in tons;

2. Imported Acceptable Waste, in tons;

3. Revenues and expenditures;

4. Cash fund balances, including all monies in the County Solid Waste Enterprise Fund, with specific delineation of monies in the Environmental Fund, Restricted Reserves , Unrestricted Reserves , and all other funds of the System.

5. Projected liabilities for closure and post closure as well as reasonable reserves for other environmental costs.

The purpose of the Ten-Year Financial Projection is to keep the City fully informed about the future financial condition of the Disposal System. The County shall cause a copy of the Ten-Year Financial Projection to be delivered to the City Manager of the City no later than May 1 of each year. Upon request , the County shall make available to the Cities supporting information related to the ten-year financial projection

ARTICLEV

BREACH, ENFORCEMENT AND TERMINATION
SECTION 5.1 BREACH . The parties agree that in the event either party breaches any obligation under this Agreement or any representation made by either party hereunder is untrue in any material respect, the other party shall have the right to take any action at law or in equity (including actions for injunctive relief, mandamus and specific performance) it may have to enforce the payment of any amounts due or the performance of any obligations to be performed hereunder . Neither party shall have the right to terminate this Agreement except as provided in Section 5.2 and Section 5.3 hereof or as otherwise provided in this Agreement.

SECTION 5.2 CITY CONVENIENCE TERMINATION. The City shall have the right to terminate this Agreement in its sole discretion, for its convenience and without cause at any time during the Term hereof upon 90 days' written notice to the County. If the City exercises its rights to terminate the Agreement pursuant to this Section, the City shall pay the County a termination fee equal to the Contract Rate in effect at the time of such termination (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2) multiplied by the number of tons of City Acceptable Waste delivered to the Disposal System during the preceding twelve months (or, if the City had been in breach of the Waste Disposal Covenant during such prior months, such amount as would have been delivered if the City had complied with the Waste Disposal Covenant), multiplied by the number of years remaining in the Term of the Agreement.

SECTION 5.3 TERMINATION.
(A) By City. Except as expressly provided herein, the City shall have no right to terminate this Agreement for cause except in the event of the repeated failure or refusal by the County substantially to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the City the right to terminate this Agreement for cause under this subsection unless:
(1) The City has given prior written notice to the County stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the County and which will, in its opinion, give the City the right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and (2) The County has neither challenged in an appropriate forum (in accordance with Section 5.5) the City's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than 90 days from the date of the notice given pursuant to clause (1) of this subsection (but if the 23 Execution Copy
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County shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the County is continuing to take such steps to correct such breach).
(B) By Countv. Except as expressly provided herein, the County shall have no right to terminate this Agreement for cause except in the event of the repeated failure or refusal by the City substantially to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the County the right to terminate this Agreement for cause under this subsection unless:
(1) The County has given prior written notice to the City stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the City and which will, in its opinion, give the County right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period oftime, and (2) The City has neither challenged in an appropriate forum (in accordance with ection 5.5) the County's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than 90 days from the date of the notice given pursuant to clause (1) of this subsection (but if the City shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the City is continuing to take such steps to correct such breach) .

SECTIO 5.4 0 WAIVERS . o action of the County or the City pursuant to this Agreement (including , but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either party of the other party 's compliance with any term or provision of this Agreement. o course of dealing or delay by the County or the City in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof or otherwise prejudice such party 's rights, powers and remedies . No single or partial exercise of (or failure to exercise) any right, power or remedy of the County or the City under this Agreement shall preclude any other or further exercise thereof of the exercise of any other right, power or remedy .

SECTION 5.5 FORUM FOR DISPUTE RESOLUTION . It is the express intention of the parties that all legal actions and proceedings related to this Agreement or to the Disposal System or to any rights or any relation ship between the parties arising therefrom shall be solely and exclusively initiated and maintained in courts of the tate of California having appropriate jurisdiction .

ARTICLE Vl
TERM
SECTIO 6.1 EFFECTIVE DATE AND TERM.
(A) Initial Term . This Agreement shall become effective , shall be in full force and effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until June 30, 2020 , unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination . (B) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the parties, on or before June 30 , 2018 , for an additional term of ten years (the "Renewal Term ") on the same terms and conditions as are applicable during the Initial Term hereof. The City shall give the County written notice of its irrevocable election to renew this Agreement on or before June 30, 2017. If the parties do not renew this Agreement by June 30, 2018, the Agreement shall expire on June 30, 2020 . (C) Contract Rate During Renewal Term . In connection with the parties ' right to renew this Agreement for an additional ten-year term pursuant to Section 6.1 (B), the parties shall, on or before June 30, 20 18, negotiate an applicable change in the Contract Rate for such renewal term. In determining any revisions to the 24 Execution Copy
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ontract Rate to be applicable during any renewal period, in addition to the circumstances described in Section 4.2(A), the parties may take into consideration the following parameters, including but not limited to:
(i) actual cost of operations;
(ii) population growth;
(iii) increase or decrease in available tonnage ;
(iv) economic and disposal market conditions in the Southern California region; (v) changes in transportation and technology;
(vi) closure and expansion of nearby landfills;
(vii) capacity of the Disposal System; and
(viii) available reserves which are in excess of the amount reasonably required as reserves.
(D) Survival; Accrued Rights. The rights and obligations of the parties hereto pursuant to ections 3.1(E)(2), 5.1, 5.3, 5.5, 7.2, 7.3, 7.5, 7.7, 7.8, 7.9, and 7.10 hereof shall survive the termination or expiration of this Agreement, and no such termination or expiration shall limit or otherwise affect the respective rights and obligations of the parties hereto accrued prior to the date of such termination or expiration. At the end of the Term of this Agreement, all other obligations of the parties shall terminate.

SECTIO 6.2 COMMENCEMENT DATE .
(A) Obligations of the Parties Prior to the Commencement Date. The parties acknowledge that the Disposal Agreements may be executed and delivered on different dates and that, except as provided in this subsection , neither the County nor the City shall be obligated to perforn1 its obligations hereunder until the participation threshold provided herein has been met and the other conditions to the occurrence of the Commencement Date have occurred. Prior to the Commencement Date, each party hereto shall at its own expense exercise good faith and due diligence and take all steps within its reasonable control in seeking to satisfy the conditions to the Commencement Date set forth herein as soon as reasonably practicable. The County and the ity, each at its own expense, shall cooperate fully with each other and the other Participating Cities in connection with the foregoing undertaking. Until the Commencement Date occurs , the Original WDAs shall remain in full force and effect.
(B) Condition to the Commencement Date . The Commencement Date for the Agreement shall be the date on which the percentage of the County's Acceptable Waste attributable to Participating Cities which have executed and delivered Disposal Agreements shall exceed 85% percent (using the percentage rates attributed to such Cities in Appendix 1). Unincorporated County is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with this Section 6.2(b) and Appendix I of this Agreement.
(C) Satisfaction of Condition and Commencement Date. Upon the satisfaction or waiver of the condition to the Commencement Date , the County shall give written notice thereof to the cities which have theretofore executed Disposal Agreements. The parties shall thereupon hold a formal closing acknowledging the satisfaction or waiver of the condition to the Commencement Date, certifying that the Commencement Date has occurred and designating the Participating Cities. Copies of all of the documents or instruments constituting or evidencing satisfaction of the Commencement Date conditions shall be furnished to each party prior to or on the Commencement Date.
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(D) ewly Incorporated Cities. Any city within Orange County which becomes incorporated after the Commencement Date shall upon request be offered the opportunity by the County to become a Participating City. If any such City executes a Disposal Agreement and meets the applicable condition provided in subsection 6.2(B) hereof within 180 days following the date of its municipal incorporation , then such City shall be entitled to execute a Waste Disposal Agreement on substantially the same terms and conditions as this Agreement (including the Contract Rate) , notwithstanding the limitations contained in Section 3.6(B). (E) Failure of Condition. If by [120 DAYS AFTER BOARD APPROVAL] , or such later date as the County may agree, the condition to the Commencement Date specified in this Section is not satisfied, either party hereto may, by notice in writing to the other party, terminate this Agreement. either party shall be liable to the other for the termination of this Agreement pursuant to this subsection , and each of the parties shall bear its respective costs and expenses incurred in seeking to satisfy the condition to the Commencement Date. otwithstanding anything in this Agreement to the contrary, in the event that this Agreement is terminated pursuant to this Section, the provisions of the Original WDA shall remain in full force and effect on the terms and conditions set forth therein .

ARTICLE VII

GENERAL PROVISIO S
SECTION7 .1 OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM. The County , at its cost and expense through the County Solid Waste Enterprise Fund, shall at all times operate , or caused to be
operated , the Disposal System in accordance with Applicable Law and the operating rules and regulations of the Department.

SECTIO 7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY .
(A) Performance Excused . Except as otherwise specifically provided in this Agreement , neither the County nor the City shall be liable to the other for any failure or delay in the performance of any obligation under this Agreement (other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance. (B) Notice, Mitigation. The party experiencing an Uncontrollable Circumstance shall notify the other party by telecommunication or telephone and in writing, on or promptly after the date the party experiencing such Uncontrollable Circumstance first knew of the commencement thereof, followed within 15 days by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known), (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration , the estimated time during which the performance of such party's obligations hereunder will be delayed , (3) the estimated amount , if any, by which the Contract Rate may need to be adjusted as a result of such Uncontrollable Circumstance , (4) its estimated impact on the other obligations of such party under this Agreement and (5) potential mitigating actions which might be taken by the County or City and any areas where costs might be reduced and the approximate amount of such cost reductions . Each party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby shall, as promptly as reasonably possible, use its best efforts to eliminate the cause therefor , reduce costs and resume performance under this Agreement. In addition , with respect to Changes in Law, the County shall diligently contest any such changes the imposition of which would have a material adverse impact on the Disposal System .

While the delay continues , the County or City shall give notice to the other party, before the first day of each succeeding month, updating the information previously submitted. (C) Impact on Contract Rate. If and to the extent that Uncontrollable Circumstances interfere with, delay or increase the cost to the County of meeting its obligations hereunder and providing Disposal Services to the Participating Cities in accordance herewith , the County shall be entitled to an increase in the Contract Rate as provided in Section 4.2 herein or an extension in the schedule for performance equal to the amount of the increased cost or the time lost as a result thereof. The proceeds of any insurance available to meet any such increased cost shall be applied to such purpose prior to any determination of cost increases payable under this subsection. Any cost reductions achieved through the mitigating measures undertaken by the County pursuant to subsection 7.2(B) hereof upon the occurrence of an Uncontrollable Circumstance shall be reflected in a reduction of the amount by which the 26 Execution Copy
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Contract Rate would have otherwise been increased or shall serve to reduce the Contract Rate to reflect such mitigation measures , as applicable .

SECTION 7.3 INDEMNIFICATION. To the extent permitted by law, the County agrees that, it will protect, indemnify , defend and hold harmless the City from and against all Loss-and-Expense arising from the City 's activity as an "arranger" (for purposes of and as such term is defined under CERCLA or comparable state statutes) of municipal solid waste disposal pursuant to this Agreement. In the event the City shall determine that because of conflict or any other reason that it wishes to be defended by legal counsel other than the legal counsel provided by the County , the cost of providing such legal counsel shall be the City's sole responsibility. The City acknowledges the County ' s legitimate interest in actively participating in any defense, litigation or settlement whether the County or the City provides legal counsel. Any costs incurred by the County pursuant to this Section shall be considered an Uncontrollable Circumstance cost and the County shall be entitled to adjust the Contract Rate as provided in subsection 4.2(A) herein . The County shall not, however, be required to indemnify or defend the City from and against all Loss-and-Expense arising from any willful, knowing , illegal or negligent disposal of hazardous waste (other than incidental amounts of Household Hazardous Waste commonly found in municipal solid waste and permitted to be disposed in Class III landfills under RCRA) which violates the County ' s landfill permits or Applicable Law . The parties agree that this provision constitutes an indemnity under CERCLA (to the extent of the specific provisions of this Section). The parties acknowledge that this subsection is not intended to and does not create any obligation on the part of the County to provide any indemnification or defense to any Franchise Hauler , whether franchised or not, or any Independent Hauler or Transfer Station, under any circumstances . The City acknowledges the County's legitimate interest in actively participating in any defense , litigation or settlement , and shall, as a condition to this indemnity , coordinate fully with the County in the defense.

SECTIO 7.4 RELATIONSHIP OF THE PARTrES . Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner , agent or legal representative of the other party or to create any fiduciary relationship between the parties.

SECTION 7.5 LIMITED RECOURSE.
{A) To the City . Except in the event the City has not established or maintained a City olid Waste Enterprise Fund , no recourse shall be had to the general funds or general credit of the City for the payment of any amount due the County hereunder, or the performance of any obligation incurred hereunder , including any Loss and-Expense of any nature arising from the performance or non-performance of the City's obligations hereunder.

The sole recourse of the County for all such amounts shall be to the funds held in any such Solid Waste Enterprise Fund. All amounts held in any City Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the County . The City shall make adequate provision in the administration of any City Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder .
(B) To the County. No recourse shall be had to the general funds or general credit of the County for the payment of any amount due the City hereunder , or the performance of any obligation incurred hereunder , including any Loss-and-Expense of any nature arising from the performance or non-performance of the County ' s obligations hereunder. The sole recourse of the City for all such amounts shall be to the funds held in the County Solid Waste Enterprise Fund in accordance with the terms of this Agreement. All amounts held in the County Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby , and no such amounts shall constitute property of the City. The County shall make adequate provision in the administration of the County olid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder .

SECTION 7.6 PRE-EXISTING RIGHTS AND LIABILITIES. Nothing in this Agreement is intended to affect, release , waive or modify any rights, obligations or liabilities which any party hereto may have to or against the other party as of the Contract Date relating to the disposal of waste in the Disposal System or any other related matter.
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SECTIO 7.7 NO VESTED RIGHTS . The City shall not acquire any vested property , license or other rights in the Disposal System by reason of this Agreement.

SECTIO 7.8 LIABILITY FOR COLLECTION. TRANSPORTATION AND PROCESSING . Any liability incurred by the City as a result of collecting Acceptable Waste or processing it for diversion from landfill, or as a result of causing , franchising , permitting, licensing, authorizing or arranging any of the foregoing , shall be its sole liability, except as expressly otherwise provided herein.

SECTION 7.9 NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall either party hereto be liable to the other or obligated in any manner to pay to the other any special , incidental , consequential , punitive or similar damages based upon claims arising out of or in connection with the performance or non performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement , whether such claims are based upon contract, tort, negligence, warranty or other legal theory.

SECTION 7.10 AMENDMENTS . Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by written agreement duly authorized and executed by both parties .

SECTIO 7 .II OTICE OF LITIGA TTO . Each party shall deliver written notice to the other of any Legal Proceeding to which it is a party and which questions the validity or enforceability of this Agreement executed by the City or the County or any Legal Entitlement issued in connection herewith.

SECTIO 7.12 FURTHER ASSURA CES. At any and all times the City and the County so far as may be authorized by law shall pass, make, do, execute , acknowledge and deliver any and every such further resolutions ,
acts, deeds, conveyances , instruments , assignments , transfers and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement.

SECTIO 7.13 ASSIGNMENT OF AGREEMENT. (A) Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party hereto without the prior written consent of the other party, which may be withheld in the other party's sole discretion . Notwithstanding the foregoing , either party may assign this Agreement to another public entity , subject to the reasonable consent of the other party. In such circumstances the party not requesting the assignment shall have the right to demand assurances of the financial , technical and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning party.
(B) Sale. The County shall not enter into any agreement for the sale of the Disposal System which provides for an effective date for such sale prior to the termination of this Agreement.

SECTION 7.14 INTEREST ON OVERDUE OBLIGATIONS. Except as otherwise provided herein, all amounts due hereunder , whether as damages, credits , revenue or reimbursements , that are not paid when due shall bear interest at the Overdue Rate on the amount outstanding from time to time, on the basis of a 365-day year, counting the actual number of days elapsed , and all such interest accrued at any time shall, to the extent permitted by Applicable Law, be deemed added to the amount due, as accrued.

SECTIO 7.15 BINDING EFFECT. This Agreement shall bind and inure to the benefit of the parties hereto and any successor or assignee acquiring an interest hereunder consistent with the provisions of Section 7.13 hereof.

SECTION 7.16 NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid , to the notice address of the respective parties set forth on the cover page of this Agreement. Changes in the respective addresses to which such notices may be directed may be made from time to time by any party by notice to the other party.
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•
IN WITNESS WHEREOF, COUNTY and CITY have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written.

Date -~--t-'-+---1/ ~-v-t-f?r_
Date - --77'---------'-7_-_0_7 __
Date __ ?_-_f_-_0_~---
Date __________ _

COUNTY OF ORANGE
By ~~J5!h~mg

ALLAN MANSOOR
MAYOR

CITY OF COSTA MESA
BySr J0 ) ~

CITY CLERK

CITY OF COST A MESA
By __ · ~t----A---,~ 1-R-1::1-Ir--ED_A_S _~-0 -FO_RM ____ _ Kimberly Hall Barlow

CITY ATTORNEY

CITY OF COSTA MESA
156
APPENDIX 1

ESTIMATED ANNUAL TONNAGE
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APPENDIX I

PERCENTAGE OF COUNTY ACCEPTABLE WASTE ATTRIBUTABLE TO PARTICIPATING CITIES FOR PURPOSE OF SECTION 6.2(b)
Jurisdiction Percentage of County
Acceptable Waste
Anaheim 13.4%
Santa Ana 10.6%
Irvine 7.5%
Huntington Beach 6.0%
Orange 5.8%
Garden Grove 5.1%
Fullerton 4.5%
Unincorporated Orange County (I) 4.3%
Costa Mesa 3.6%
Newport Beach 3.0%
Lake Forest 2.6%
Buena Park 2.5%
Mission Viejo 2.3%
Westminster 2.3%
Yorba Linda 2.3%
Brea 2.1%
Tustin 2.0%
Cypress 1.9%
La Habra 1.8%
San Clemente 1.7%
Fountain Valley 1.6%
Laguna Niguel 1.6%
Placentia 1.6%
San Juan Capistrano 1.6%
Laguna Beach 1.4%
Dana Point 1.2%
Stanton 1.1%
Rancho Santa Margarita 1.0%
Laguna Hills 0.9%
Seal Beach 0.8%
Aliso Viejo 0.7%
Los Alamitos 0.5%
La Palma 0.3%
Laguna Woods 0.2%
Villa Park 0.2%
Total 100%
(I) Unincorporated County is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with Section 6.2(b) of this Agreement. (2) A Participating City will only be included for purposing of determining the Commencement Date upon (i) execution of a Waste Disposal Agreement by that Participating City and (ii) execution of a Hauler Acknowledgement(s) by the Franchise Hauler(s) operating within such Participating City
Execution Copy
158
Execution Copy
APPENDIX2

CUMULATIVE TONNAGE TARGETS
159
Execution Copy
APPENDIX2
Cumulative County Acceptable Waste Tonnage Target to be Used for Purposes of Section 4.2 (B)
Fiscal Year
FY 2008-09
FY 2009-10
FY 2010-11
FY 2011-12
FY 2012-13
FY 2013-14
FY 2014-15
FY 2015-16
FY 2016-17
FY2017-18
FY 2018-19
FY 2019-20
County Acceptable Waste
Tonnage
3,170,387
3,092,806
3,185,590
3,344,870
3,445,216
3,514,120
3,549,262
3,565,608
3,582,033
3,598,535
3,615,115
3,631,774
Cumulative County
Acceptable Waste Tonnage
3,170,387
6,263,193
9,448,783
12,793,653
16,238,869
19,752,989
23,302,251
26,867,859
30,449,892
34,048,427
37,663,542
41,295,316
160
Fiscal Year
(ending June 30)
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
Execution Copy
APPENDIX 3

CUMULATIVE CAPITAL COSTS
to be Used
for Purposes of Section 4.2(A)vi
Annual Capital Costs Cumulative Capital Costs
$37,939,538 $37 939,538
$59,343,405 $97,282 ,943
$10,433,978 $ 107,716,921
$13,678,113 $121,395,034
$17,525,040 $ 138,920,074
$11,259,518 $150,179,592
$37,682,758 $ 187,862,350
$5,068,800 $192,931' 150
$10,662,265 $203,593,4 15
$29,397,698 $232,991 ,1 13
$8,263,795 $241,254,908
$45,103,805 $286,358,7 13
161
APPENDIX 4

FORM OF HAULER ACKNOWLEDGM ENT
Execution Copy
162

FRA CHISE HAULER ACKNOWLEDGMENT
THIS FRA CHlSE HAULER ACKNOWLEDGMENT, dated as of ~1..Y , 2009 (the "Acknowledgment"), by and between the City of Cu.;\._~ (the "City") and ~ (the "Fra nchise Hauler") . t), !.~

WITNESSETH
(WHEREAS, the City and the Franchise Hauler have heretofore entered into an agreement entitled ____ , dated as of (the "Franchise"); and[
[WHEREAS , the ity has issued to the Franchise Hauler a permit, license, approval or other authorization the "Authorization") which allows the Franchise Hauler to provide solid waste collection services within the ity; and]]
(WHEREAS , the Franchise [SUBSTITUTE "AUTHORIZATION" THROUGHOUT IF APPLICABLE]] provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste") generated within the City; and]
WHEREAS, Orange County (the "County") owns, manages and operates a sanitary landfill disposal system for municipal solid waste generated within the County; and WHEREAS , the ity and the County have heretofore entered into a Waste Disposal Agreement , dated as of ----,.---:' 2008 (the " Disposal Agreement") determining that the execution of such Disposal Agreement will serve the public health , safety and welfare of the residents of the City and County, by maintaining public ownership and steward hip over the Orange County Landfill Disposal System (the "Disposal System"); and WHEREAS , under the Disposal Agreement, the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal, and contractual power wh1ch it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System ; and WHEREAS , the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler ; WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Disposal System ; and WHEREAS , the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the ity and the Franchise Hauler will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the ity under the Disposal Agreement through the delivery of waste by the Franchise Hauler to the Disposal System ; and WHEREAS , the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal System under thi Acknowledgment is given in consideration of the Franchise Hauler's right to receive the ontract Rate for such disposal as provided in the Disposal Agreement.

OW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto , intending to be legally bound hereby , agree as follows:

I. Capitalized terms used and not otherwise defined herein are used as defined m the Disposal Agreement.

Execul•on Copy
163

2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground, constitutional, statutory , case law, administrative or otherwise , (a) the right , power or authority of the County or the City to enter into or perform their respective obligations under the Disposal Agreement, (b) the enforceability against the County or the City of the Disposal Agreement, or (c) the right , power or authority of the ity to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with this Acknowledgment.

3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authori zed by all necessary action of their respective governing bodies .

4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all residue from the processing by any means, wherever conducted, of Controllable Waste), to the Disposal ystem , and shall otherwise assist the ity in complying with its obligations under the Waste Disposal ovenant in Section 3.1 of the Disposal Agreement.

5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility , composting facility , intermediate processing facility , recycling center , transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such fac1lity constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptab le Waste transferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal ovenant.

6. The Franchise Hauler shall pay the Contract Rate imposed by the County at the Designated Disposal Facility for the disposal of all Controllable Waste, which rate shall be subject to potential adjustment necessary to reflect the circumstances set forth in the Disposal Agreement.

7. othing in this Acknowledgment is intended to restrict any right or responsibility explicitly given the Franchise Hauler in the Franchise to recycle City Acceptable Waste , except as provided in paragraph 5 above with re pect to Residue from any such recycling operations .

8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstandin g any provision of the Franchise wh1ch may conflict herewith .

9. This Acknowledgment may be enforced by the City by any available legal means . In any enforcement action by the ity, the burden of proof shall be on the Franchise Hauler to demonstr ate complianc e herewith .

II . The City and Hauler agree that the County shall be an express third party beneficiary of this Acknowledgment , and shall be entitled to independently enforce the obligations of the Franchise Hauler hereund er.

12. The Hauler agrees to assist the County in verifying tonnage collected by the Franchise Hauler and providing information required by the County . Hauler will provide upon request refuse tonnage collected within the ounty , and outside the ounty (if relevant to confirming tonnage origination) , separated by jurisdiction , by load type (resid ential , commercial , roll-off box) , and by facility to which it was delivered (specify which landfill or transfer station) . Hauler will provide customer service levels and route lists. Hauler will cooperate with ount y audits to verify reported origin of tonnage by making records and personnel available to the County and/or its aud1tors.

Execution opy
164
IN WITNESS WHEREOF , the parties have caused this Acknowledgment to be executed by their duly authori zed officers or representatives as of .2 4 day of ~J..L..(\.Q , 20 ~ Execution Copy
CITY OF Co:.~ M"'t..,~
Sign,.me ~~.L
Printed Name : ~'ilt\bL ~
Title: ~~>o~ ~
Rainbow Disposal Co., I nc.
(Franchise Haul.~ \)~
Signature: --f...~_::_ __ .-/1=. _ _..!!..{----_________ _ Printed arne: ~B==r~u~c==e~S~h~u=m~a~n~---------
Title: President/CEO
165

FRANCHISE HAULER ACKNOWLEDGMENT
Tf-IIS FRA CHISE HAULER ACKNOWLEDGMENT, dated as of ;j"'""~ 2.'.( , 2009 (the "Acknowledgment"), by and between the City of (b,;! ~ (the "City") and ~~S:pt>W"~ (the "Franchise llauler") .

WITNESSETH
(WHEREAS, the City and the Franchise Hauler have heretofore entered into an agreement entitled ---- , dated as of (the "Franchise"); and(
(WHEREAS, the City has issued to the Franchise Hauler a permit, license, approval or other authorization the "Authorization") which allows the Franchise Hauler to provide solid waste collection services within the City; and]]
[WHEREAS, the Franchise [SUBSTITUTE "AUTHORIZATION" THROUGHOUT IF APPLICABLE]] provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste") generated within the City; and]
WHEREAS , Orange County (the "County") owns, manages and operates a sanitary landfill disposal system for municipal solid waste generated within the County; and WHEREAS, the City and the County have heretofore entered into a Waste Disposal Agreement, dated as of ____ __, 2009 (the "Disposal Agreement") determining that the execution of such Disposal Agreement will serve the public health, safety and welfare of the residents of the City and County, by maintaining public ownership and stewardship over the Orange County Landfill Disposal System (the "Disposal System"); and WHEREAS, under the Disposal Agreement, the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System; and WHEREAS, the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler ; WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Disposal System; and WHEREAS , the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the Disposal Agreement through the delivery of waste by the Franchise Hauler to the Disposal System; and WHEREAS, the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal System under this Acknowledgment is given in consideration of the Franchise Hauler's right to receive the Contract Rate for such disposal as provided in the Disposal Agreement.

NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows:

I. Capitalized terms used and not otherwise defined herein are used as defined in the Disposal Agreement.

Execution Copy
166

2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground , constitutional, statutory , case law, administrative or otherwise , (a) the right , power or authority of the County or the City to enter into or perform their respective obligations under the Disposal Agreement , (b) the enforceability against the County or the City of the Disposal Agreement , or (c) the right , power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with this Acknowledgment.

3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies.

4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all residue from the processing by any means , wherever conducted, of Controllable Waste), to the Disposal ystem , and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3. 1 of the Disposal Agreement.

5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility , intermediate processing facility , recycling center , transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal Covenant.

7. othing in this Acknowledgment is intended to restrict any right or responsibility explicitly given the Franchise Hauler in the Franchise to recycle City Acceptable Waste, except as provided in paragraph 5 above with respect to Residue from any such recycling operations.

8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstandin g any provision of the Franchise which may conflict herewith .

9. This Acknowledgment may be enforced by the City by any available legal means . In any enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith .

I 0. This Acknowledgment shall be in full force and effect and shall be legally binding upon the City and Franchise Hauler from the dated hereof and shall continue in full force and effect until the earlier of (i) the end of the term of the Franchise or (ii) the end of the term of the Disposal Agreement.

II . The City and Hauler agree that the County shall be an express third party beneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder.

12. The Hauler agrees to assist the County in verifying tonnage collected by the Franchise Hauler and providing information required by the County. Hauler will provide upon request refuse tonnage collected within the County , and outside the County (if relevant to confirming tonnage origination) , separated by jurisdiction , by load type (residential, commercial, roll-off box) , and by facility to which it was delivered (specify which landfill or transfer station) . Hauler will provide customer service levels and route lists. Hauler will cooperate with County audits to verify reported origin of tonnage by making records and personnel available to the County and/or its auditors .

Execution Copy
167
IN WITNESS WHEREOF, the parties have caused this Acknowledgment to be executed by their duly authorized officers or representatives as of ~ day of ~~A.A.... , 2009.

Execution Copy
Signature: M~~ ~
Printed Name: [1...ila.l~~ ~\lb'l.

Title: ~~~~
168

FRANCHISE HAULER ACKNOWLEDGMENT

THIS FRANCHISE HAULER
"Acknowledgment"), by and between the
Hauler").

ACKNOWLEDGMENT, dated as of .::JI..I...\It J3 , 2009 (the City of ~ ~(the "City") and ~ .._A~ (the "Franchi e
~~:x:co::

WITNESSETH
[WHEREAS, the City and the Franchise Hauler have heretofore entered into an agreement entitled _ _ __ , dated as of (the "Franchise"); and[
[WHEREAS, the City has issued to the Franchise Hauler a permit, license, approval or other authorization the "Authorization") which allow the Franchise
Hauler to provide solid waste collection services within the City; and])
[WHEREAS, the Franchise [SUBSTITUTE "AUTHORIZATION" THROUGHOUT IF APPLICABLE]) provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste") generated within the City; and]
WHEREAS, Orange County (the "County") owns, manages and operates a sanitary landfill dispo al system for municipal solid waste generated within the County; and WHEREAS, the City and the County have heretofore entered into a Waste Disposal Agreement, dated a of - - --,-----'' 2008 (the "Disposal Agreement") determining that the execution of such Disposal Agreement will erve the public health, safety and welfare of the residents of the City and County, by maintaining public ownership and stewardship over the Orange County Landfill Disposal System (the "Disposal System"); and WHEREAS, under the Disposal Agreement, the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System; and WHEREAS, the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler; WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Disposal System; and WHEREAS , the City and the Franchise Hauler desire to enter into this Acknowledgment to a sure that the City and the Franchise Hauler will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the Disposal Agreement through the delivery of waste by the Franchise Hauler to the Disposal System; and WHEREAS, the Franchise Hauler's agreement to deliver Franchise Waste to the Dispo al System under this Acknowledgment is given in consideration of the Franchise Hauler's right to receive the Contract Rate for such disposal as provided in the Disposal Agreement.

OW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows :

1. Capitalized terms used and not otherwise defined herein are used as defined m the Disposal Agreement.

Execution Copy
169

2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground , constitutional , statutory, case law, administrative or otherwise, (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the Disposal Agreement, (b) the enforceability against the County or the City of the Disposal Agreement, or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with this Acknowledgment.

3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies.

4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all residue from the processing by any means, wherever conducted, of Controllable Waste), to the Disposal System, and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the Disposal Agreement.

5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other wa te handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal Covenant.

6. The Franchise Hauler shall pay the Contract Rate imposed by the County at the Designated Di posal Facility for the disposal of all Controllable Waste, which rate shall be subject to potential adjustment neces ary to reflect the circumstances set forth in the Disposal Agreement.

7. othing in this Acknowledgment is intended to restrict any right or responsibility explicitly given the Franchise Hauler in the Franchise to recycle City Acceptable Waste, except as provided in paragraph 5 above with re peel to Residue from any such recycling operations .

8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding any provision of the Franchise which may conflict herewith.

9. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith .

II . The City and Hauler agree that the County shall be an express third party beneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder .

12. The Hauler agrees to assist the County in verifYing tonnage collected by the Franchise Hauler and providing information required by the County. Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction, by load type (residential, commercial, roll-off box), and by facility to which it was delivered (specifY which landfill or transfer station). Hauler will provide customer service levels and route lists. Hauler will cooperate with County audits to verity reported origin of tonnage by making records and personnel available to the County and/or its auditors.

Execulion Copy
170
IN WITNESS WHEREOF, the parties have caused this Acknowledgment to be executed by their duly authorized officers or representatives as of ~ day of ()v...u_ , zooq.

Execution Copy
CITY OF ~~ \'\u;o..

Sign"u'" ~ ,t
Printed Name: ~~ ~
Title: As~o~ ~---c/
171

FRA CHISE HAULER ACK OWLEDGMENT
THIS FRA CHISE HAULER ACKNOWLEDGMENT, dated as of 4. '2. L.. "Ack nowledgment "), by and between the City of ~ (the "City") and CR.tl'-==:
llauler ").

WITNESSETH
, 2009 (the
(the "Fra nchise
[WHEREAS , the City and the Franchise Hauler have heretofore entered into an agreement entitled , dated as of (the "Franchise"); and[ ____ :
[WHEREA , the City has issued to the Franchise Hauler a permit , license , approval or other authorization the "A uthorization") which allows the Franchise Hauler to provide solid waste collection services within the ity; and]]
[WHEREA , the Franchise [SUBSTITUTE "AUTHORIZATlO "THROUGHOUT IF APPLI ABLE]] provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste') generated within the City; and]
WHEREA , Orange County (the "County") owns, manages and operates a sanitary landfill disposal system for municipal solid waste generated within the County; and WHEREAS, the City and the County have heretofore entered into a Waste Disposal Agreement, dated as of ----,----' 2008 (the "Disposal Agreement") determining that the execution of such Disposal Agreement will serve the public health , safety and welfare of the residents of the City and County, by maintaining public owner hip and stewardship over the Orange County Landfill Disposal System (the "Disposa l System"); and WHEREA , under the Disposal Agreement, the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal , and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System; and WHEREA , the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler; WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Disposal System; and WHEREAS, the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the ity and the Franchise Hauler will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the ity under the Disposal Agreement through the delivery of waste by the Franchise Hauler to the Disposal System ; and WHEREA , the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal System under thi Acknowledgment is given in consideration of the Franchise Hauler's right to receive the on tract Rate for such disposal as provided in the Disposal Agreement.

NOW, THEREFORE, in consideration of the premises and for other good and valuab le consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto , intending to be legally bound hereby, agree as follows:

I. apitalized terms used and not otherwise defined herein are used as defined 111 the Disposal Agreement.

Execution Copy
172

2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground, constitutional, statutory, case law, administrative or otherwise, (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the Disposal Agreement, (b) the enforceability against the County or the City of the Disposal Agreement, or (c) the right, power or authority of the ity to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with this Acknowledgment.

3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies.

4. The Franchise Hauler shall deliver or cause to be delivered all ontrollable Waste (including all residue from the processing by any means, wherever conducted , of Controllable Waste) , to the Disposal ystem , and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in ection 3.1 of the Disposal Agreement.

5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility , composting facility, intermediate processing facility , recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise llauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal ovenant.

6. The Franchise Hauler shall pay the Contract Rate imposed by the County at the Designated Di posal Facility for the disposal of all Controllable Waste, which rate shall be subject to potential adjustment necessary to reflect the circumstances set forth in the Disposal Agreement.

7. othing in this Acknowledgment is intended to restrict any right or responsib ility explicitly given the Franchise Hauler in the Franchise to recycle City Acceptable Waste, except as provided in paragraph 5 above with respect to Residue from any such recycling operations.

8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstandin g any provision of the Franchise which may conflict herewith.

9. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City , the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith.

10. This Acknowledgment shall be in full force and effect and shall be legally binding upon the ity and Franchise Hauler from the dated hereof and shall continue in full force and effect until the earlier of (i) the end of the term of the Franchise or (ii) the end of the term of the Disposal Agreement. 11 . The City and Hauler agree that the County shall be an express third party beneficiary of this Acknowledgment , and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder .

12. The Hauler agrees to assist the ounty in verifying tonnage collected by the Franchise Hauler and providing information required by the County . Hauler will provide upon request refuse tonnage collected within the ounty , and outside the County (if relevant to confirming tonnage origination) , separated by jurisdiction , by load type (residential , commercial , roll-off box), and by facility to which it was delivered (specify which landfill or transfer station). Hauler will provide customer service levels and route lists. Hauler will cooperate with ounty audits to verify reported origin of tonnage by making records and personnel available to the ounty and/or its auditors .

Execution opy
173
1 WIT E WHEREOF, the parties have caused this Acknowledgment to be executed by their duly authorized officers or representatives as of ll. day of ()~,__ , 200!\.

Execution Copy
CITY OF ~.le_ "'-~e...
s;g"''"'' ~ ~ -L
Printed ame;;Tht!u. ~"-
Title: ~S~~ ~
C. .etC:
(Franchise Hauler)
Signature~~~A
Printed ame: bE4N 4. LfMJ;J'?12-II~e
Title : .Se .J; ~ \1 J '-f j1p tJ JJ) (..-(4
174

FRANCHISE HAULER ACKNOWLEDGMENT
THIS FRANCHISE HAULER ACKNOJV'-tEDGMENT , dated as of ~ \ , 2009 (the "Acknowledgment "), by and between the City of ~~(the "City") and \...)~ (the "Franchise Hauler") . 6spu;AJJ:

WITNESSETH
[WHEREAS , the City and the Franchise Hauler have heretofore entered into an agreement entitled --- - , dated as of (the "Franchise"); and[
[WHEREAS, the City has issued to the Franchise Hauler a permit, license , approval or other authorization the "Authorization ") which allows the Franchise Hauler to provide solid waste collection services within the City; and))
[WHEREAS , the Franchise [SUBSTITUTE "AUTHORIZATION " THROUGHOUT IF APPLICABLE]] provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste") generated within the City; and]
WHEREAS , Orange County (the "County ") owns, manages and operates a sanitary landfill disposal system for municipal solid waste generated within the County; and WHEREAS , the City and the County have heretofore entered into a Waste Disposal Agreement , dated as of ____ _, 2009 (the "Disposal Agreement") determining that the execution of such Disposal Agreement will serve the public health , safety and welfare of the residents of the City and County , by maintaining public ownership and stewardship over the Orange County Landfill Disposal System (the "Disposal System "); and WHEREAS , under the Disposal Agreement , the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System ; and WHEREAS, the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler ; WHEREAS , notwithstanding any Franchise provisions to the contrary , the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Disposal System ; and WHEREAS, the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the Disposal Agreement through the delivery of waste by the Franchise Hauler to the Disposal System; and WHEREAS , the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal System under this Acknowledgment is given in consideration of the Franchise Hauler's right to receive the Contract Rate for such disposal as provided in the Disposal Agreement.

NOW , THEREFORE, in consideration of the premises and for other good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows :

I. Capitalized terms used and not otherwise defined herein are used as defined in the Disposal Agreement.

Exec ution Copy
175

2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground , constitutional , statutory , case law, administrative or otherwise , (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the Disposal Agreement, (b) the enforceability against the County or the City of the Disposal Agreement, or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with this Acknowledgment.

3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies.

4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all residue from the processing by any means, wherever conducted , of Controllable Waste) , to the Disposal System , and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the Disposal Agreement.

5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal Covenant.

7. Nothing in this Acknowledgment is intended to restrict any right or responsibility explicitly given the Franchise Hauler in the Franchise to recycle City Acceptable Waste, except as provided in paragraph 5 above with respect to Residue from any such recycling operations .

8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstandin g any provision of the Franchise which may conflict herewith.

9. This Acknowledgment may be enforced by the City by any available legal means . In any enforcement action by the City , the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith.

10. This Acknowledgment shall be in full force and effect and shall be legally binding upon the City and Franchise Hauler from the dated hereof and shall continue in full force and effect until the earlier of (i) the end of the term of the Franchise or (ii) the end ofthe term ofthe Disposal Agreement. 11 . The City and Hauler agree that the County shall be an express third party beneficiary of this Acknowledgment , and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder.

12. The Hauler agrees to assist the County in verifYing tonnage collected by the Franchise Hauler and providing information required by the County. Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination) , separated by jurisdiction , by load type (residential , commercial, roll-off box), and by facility to which it was delivered (specify which landfill or transfer station) . Hauler will provide customer service levels and route lists. Hauler will cooperate with County audits to verifY reported origin of tonnage by making records and personnel available to the County and/or its auditors .

Execution Copy
176
authorized officers or representatives as of f, ay of , 2009.

IN WITNESS WHEREOF, tho porti;~•vo "F'knowlodgmoot to bo moutod by thoi' duly Execution Copy
CITYOF ~~
Signotu" M~ .L
Printed Name: ~ ~
Title: Pts~ ~....._...
(F'~~') ~ c? k .

Signature: ----r(:h~/U'.,~Ld~~:.L.-..1<-~~tw}=----
Printed N arne: _fT _ __,.,.,;J4.r .._1 "'-OL41'4'lj,~__.bf..._,~6-'i:tf>'h_..12A1_"".......,'<"::..__ __ _ Title: ------'-P__,N~. &?U-~<::~c&......::~::....::..=c4..<------ 177

FRANCIDSEHAULERACKNOWLEDGMENT
TillS FRANCI-ITSE HAULER
"Acknowledgment"), by and between the
Hauler").

ACKNOWLEDGMENT , dated as of J~ ll , 2009 (the
City of C:::J,._ ~ .... (the "City") and ~fC.._.. (the "Franchise &\,\/\~~

WITNESSETH
[WHEREAS, the City and the Franchise Hauler have heretofore entered into an agreement entitled ____ , dated as of (the "Franchise"); and[
[WHEREAS, the City has issued to the Franchise Hauler a permit, license, approval or other authorization the "Authorization") which allows the Franchise Hauler to provide solid waste collection services within the City; and]]
[WHEREAS, the Franchise [SUBSTITUTE "AUTHORIZATION" THROUGHOUT IF APPLICABLE]] provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste") generated within the City; and]
WHEREAS, Orange County (the "County") owns, manages and operates a sanitary landfill disposal system for municipal solid waste generated within the County; and WHEREAS, the City and the County have heretofore
entered into a Waste Disposal Agreement, dated as of
----,-----,'' 2008 (the "Disposal Agreement'') determining that the execution of such Disposal Agreement will serve the public health, safety and welfare ofthe residents of the City and County, by maintaining public ownership and stewardship over the Orange County Landfill Disposal System (the "Disposal System"); and WHEREAS, under the Disposal Agreement, the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System; and WHEREAS, the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler; WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Disposal System; and WHEREAS, the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the Disposal Agreement through the delivery of waste by the Franchise Hauler to the Disposal System; and WHEREAS, the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal System under this Acknowledgment is given in consideration of the Franchise Hauler's right to receive the Contract Rate for such disposal as provided in the Disposal Agreement.

NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows:

1. Capitaliz~d terms used and not otherwise defined herein are used as defined in the Disposal Agreement.

Execution Copy
178
•

2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground, constitutional, statutory, case law, administrative or otherwise, (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the Disposal Agreement, (b) the enforceability against the County or the City of the Disposal Agreement, or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with this Acknowledgment.

3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies.

4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all residue from the processing by any means, wherever conducted, of Controllable Waste), to the Disposal System, and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the Disposal Agreement.

5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal Covenant.

8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding any provision of the Franchise which may conflict herewith.

9. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith.

11. The City and Hauler agree that the County shall be an express third party beneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder.

12. The Hauler agrees to assist the County in verifying tonnage collected by the Franchise Hauler and providing information required by the County. Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction , by load type (residential, commercial, roll-off box), and by facility to which it was delivered (specify which landfill or transfer station). Hauler will provide customer service levels and route lists. Hauler will cooperate with County audits to verify reported origin of tonnage by making records and personnel available to the County and/or its auditors.

Execution Copy
179
IN WITNESS WHEREOF, the parties have caused this Acknowledgment to be executed by their duly authorized officers or representatives as of ...l1,_ day of ::s~ , 20m{.

Execution Copy
CITYOF W~ ~
Signorure, ~ ~ -L
Printed Name: ~ UL ~~
Title: fl~~ ~.....--
C:t .. ~ ~v ~(O"V' I'\. ........... W
~rnnohireHou~ /_.-<
Signature: ~~~::_~::._~-=-~~~~=-=-~==~-=====-
Printed arne: B \ pu/ HtU't/. [.(an
/~0
Title: _Jo~~"'----------------
180

FRANCHISE HAULER ACKNOWLEDGMENT
THIS FRANCHISE HAULER ACKNOWLEDGMENT, dated as of ~ J..4 , 2009 (the "Acknowledgment"), by and between the City of enc.: ~ (the "City") and \~ (the "Franchise Hauler").

WITNESSETH
(WHEREAS , the City and the Franchise Hauler have heretofore entered into an agreement entitled ____ , dated as of (the "Franchise"); and(
[WHEREAS, the City has issued to the Franchise
Hauler a permit, license, approval or other authorization the "Authorization") which allows the Franchise Hauler to provide solid waste collection services within the City; and]]
(WHEREAS, the Franchise (SUBSTITUTE "AUTHORIZATION" THROUGHOUT IF APPLICABLE]] provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste") generated within the City; and]
WHEREAS, Orange County (the "County") owns, manages and operates a sanitary landfill disposal system for municipal solid waste generated within the County; and WHEREAS, the City and the County have heretofore entered into a Waste Disposal Agreement, dated as of ----,--_, 2009 (the "Disposal Agreement") determining that the execution of such Disposal Agreement will serve the public health, safety and welfare of the residents of the City and County, by maintaining public ownership and stewardship over the Orange County Landfill Disposal System (the "Disposal System"); and WHEREAS, under the Disposal Agreement, the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System ; and WHEREAS, the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler ; WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Disposal System; and WHEREAS, the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the Disposal Agreement through the delivery of waste by the Franchise Hauler to the Disposal System; and WHEREAS, the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal System under this Acknowledgment is given in consideration of the Franchise Hauler's right to receive the Contract Rate for such disposal as provided in the Disposal Agreement.

NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows:

I. Capitalized terms used and not otherwise defined herein are used as defined m the Disposal Agreement.

Execution Copy
181

2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground, constitutional, statutory, case law, administrative or otherwise, (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the Disposal Agreement, (b) the enforceability against the County or the City of the Disposal Agreement, or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with this Acknowledgment.

3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies.

4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all residue from the processing by any means, wherever conducted, of Controllable Waste), to the Disposal System , and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the Disposal Agreement.

5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility , intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal Covenant.

8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding any provision of the Franchise which may conflict herewith .

9. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City , the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith .

10. This Acknowledgment shall be in full force and effect and shall be legally binding upon the City and Franchise Hauler from the dated hereof and shall continue in full force and effect until the earlier of (i) the end of the term ofthe Franchise or (ii) the end of the term of the Disposal Agreement. 11 . The City and Hauler agree that the County shall be an express third party beneficiary of this Acknowledgment, and shall be entitled to indep~ndently enforce the obligations of the Franchise Hauler hereunder.

12. The Hauler agrees to assist the County in verifying tonnage collected by the Franchise Hauler and providing information required by the County. Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction, by load type (residential, commercial, roll-off box), and by facility to which it was delivered (specify which landfill or transfer station). Hauler will provide customer service levels and route lists. Hauler will cooperate with County audits to verify reported origin of tonnage by making records and personnel available to the County and/or its auditors .

Execution Copy
182
IN WITNESS WHEREOF, the parties have caused this Acknowledgment to be executed by their duly authorized officers or representatives as of )..L\ day of ~~ , 2009.

Execut1on Copy
·t7j h 1 a v ,tr..fe.~s r N c .
(Fr chise ~Hauler) ~~---
Signature: :

Printed Na ~ d "t; e #A YV!
Title: flll c.(.
183

FRANCHISE HAULER ACKNOWLEDGMENT
THIS FRANCHISE HAULER ACKNOWLEDGMENT, dated as of :J~ 'J.3 , 2009 (the "Acknowledgment "), by and between the City of ~~ \-\:~SA-- (the "City ") and ~~ (the "Franchis e Hauler"). ~

WITNESSETH
[WHEREAS , the City and the Franchise Hauler have heretofore entered into an agreement entitled _____ , dated as of (the "Franchise "); and[
[WHEREAS , the City has issued to the Franchise Hauler a permit, license, approval or other authorization the "Authorization") which allows the Franchise Hauler to provide solid waste collection services within the City; and])
[WHEREAS, the Franchise [SUBSTITUTE "AUTHORIZATION" THROUGHOUT IF APPLICABLE]] provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste") generated within the City; and]
WHEREAS, Orange County (the "County ") owns, manages and operates a sanitary landfill disposal system for municipal solid waste generated within the County ; and WHEREAS, the City and the County have heretofore entered into a Waste Disposal Agreement , dated as of ____ _, 2009 (the "Disposal Agreement") determining that the execution of such Disposal Agreement will serve the public health, safety and welfare of the residents of the City and County , by maintaining public ownership and stewardship over the Orange County Landfill Disposal System (the "Disposal System "); and WHEREAS , under the Disposal Agreement , the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System ; and WHEREAS , the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler ; WHEREAS , notwithstanding any Franchise provisions to the contrary , the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Disposal System; and WHEREAS , the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the Disposal Agreement through the delivery of waste by the Franchise Hauler to the Disposal System; and WHEREAS , the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal System under this Acknowledgment is given in consideration of the Franchise Hauler's right to receive the Contract Rate for such disposal as provided in the Disposal Agreement.

NOW , THEREFORE , in consideration of the premises and for other good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , the parties hereto , intending to be legally bound hereby, agree as follows :

I. Capitalized terms used and not otherwise defined herein are used as defined m the Disposal Agreement.

Execution Copy
184

2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground , constitutional , statutory, case law, administrative or otherwise , (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the Disposal Agreement, (b) the enforceability against the County or the City of the Disposal Agreement, or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with this Acknowledgment.

3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies .

4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all residue from the processing by any means , wherever conducted , of Controllable Waste) , to the Disposal System , and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the Disposal Agreement.

5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility , intermediate processing facility, recycling center , transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal Covenant.

8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstandin g any provision of the Franchise which may conflict herewith .

9. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate complianc e herewith .

II. The City and Hauler agree that the County shall be an express third party beneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder .

12. The Hauler agrees to assist the County in verifYing tonnage collected by the Franchise Hauler and providing information required by the County. Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination) , separated by jurisdiction , by load type (residential , commercial , roll-off box), and by facility to which it was delivered (specifY which landfill or transfer station) . Hauler will provide customer service levels and route lists. Hauler will cooperate with County audits to verity reported origin of tonnage by making records and personnel available to the County and/or its auditors .

Execution Copy
185
I WIT E WHEREOF, the parties have caused this Acknowledgment to be executed by their duly authorized officers or representatives as of )..~ day of ::J ~ , 200ff.

Execution Copy
CITY OF w-~ "-\u: .....
s;g"""" ~ ~ .L-
Printed ame: ~11L\&.. ~
Title: I\~~\;)~ ~
\=~ t~~~ ~,~,
(Franchise Hauler)
Signature: ---4~q~c.p.~~~-'1----=------
Printed a me: _ ______,/ir,qt'll~QP~I /----l.<SiuZH:..~UaLL._t1 __ Title: - ----- --f,/!r:.L_!,0::;L.L!·/e.f..W.;.o:'.!...'l ..:..r ___ _ 186

FRANCHISE HAULER ACKNOWLEDGMENT
THIS FRANCHISE HAULER ACKNOWLEDGMENT , dated as of J""""-14 , 2009 (the "Acknowledgment "), by and between the City of b~~U'C\. (the "City") and ~M-b\~ the "Franchise Hauler") .

WITNESSETH
[WHEREAS, the City and the Franchise Hauler have heretofore entered into an agreement entitled ----- , dated as of (the "Franchise"); and[
[WHEREAS , the City has issued to the Franchise Hauler a permit, license, approval or other authorization the "Authorization ") which allows the Franchise Hauler to provide solid waste collection services within the City; and])
[WHEREAS, the Franchise [SUBSTITUTE "AUTHORIZATION" THROUGHOUT IF APPLICABLE]] provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste") generated within the City; and]
WHEREAS , Orange County (the "County") owns, manages and operates a sanitary landfill disposal system for municipal solid waste generated within the County; and WHEREAS , the City and the County have heretofore entered into a Waste Disposal Agreement , dated as of -----:-----:'' 2009 (the "Disposal Agreement ") determining that the execution of such Disposal Agreement will serve the public health, safety and welfare ofthe residents of the City and County , by maintaining public ownership and stewardship over the Orange County Landfill Disposal System (the "Disposal System "); and WHEREAS , under the Disposal Agreement , the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System ; and WHEREAS , the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler ; WHEREAS , notwithstand ing any Franchise provisions to the contrary , the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Disposal System ; and WHEREAS, the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the Disposal Agreement through the delivery of waste by the Franchise Hauler to the Disposal System; and WHEREAS , the Franchise Hauler 's agreement to deliver Franchise Waste to the Disposal System under this Acknowledgment is given in consideration of the Franchise Hauler 's right to receive the Contract Rate for such disposal as provided in the Disposal Agreement.

NOW , THEREFORE, in consideration of the premises and for other good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , the parties hereto, intending to be legally bound hereby, agree as follows :

I. Capitalized terms used and not otherwise defined herein are used as defined in the Disposal Agreement.

Exec ution Copy
187

2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground, constitutional, statutory, case law, administrative or otherwise, (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the Disposal Agreement, (b) the enforceability against the County or the City of the Disposal Agreement, or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with this Acknowledgment.

3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies.

4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all residue from the processing by any means, wherever conducted, of Controllable Waste), to the Disposal System, and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the Disposal Agreement.

5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility , intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal Covenant.

8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding any provision of the Franchise which may conflict herewith.

9. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith.

10. This Acknowledgment shall be in full force and effect and shall be legally binding upon the City and Franchise Hauler from the dated hereof and shall continue in full force and effect until the earlier of (i) the end of the term of the Franchise or (ii) the end of the term of the Disposal Agreement. 11 . The City and Hauler agree that the County shall be an express third party beneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder .

12. The Hauler agrees to assist the County in verifYing tonnage collected by the Franchise Hauler and providing information required by the County. Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction , by load type (residential , commercial, roll-off box), and by facility to which it was delivered (specifY which landfill or transfer station). Hauler will provide customer service levels and route lists. Hauler will cooperate with County audits to verifY reported origin of tonnage by making records and personnel availab le to the County and/or its auditors.

Execution Copy
188
IN WITNE WHEREOF , the parties have caused this Acknowledgment to be executed by their duly authorized officers or representatives as of l~ day of J"~'- , 20~.

Execution Copy
CITY OF ec~~~ t--\-c..~
Signature : ~~.t -
Printed Name : ~(JL.. bf.ue<.

Title: ~~ #9 "'-, ~ ~c..-"
~tcf ~Jfl#;,tj
(Franchise H ~
Signature : .:.U_~Tt----:J-~7f-~,___. ____ _L_
Printed arne: m-=~L..f11o,L-4..!.-...::........rF7L--:.:..:..!:...!..JL...:.:.__ __ 189

FRANCHISE HAULER ACKNOWLEDGMENT
THJ FRANCHISE HAULER ACKNOWLEDGMENT, dated as of .]"""'-""~~ 2S , 2009 (the "Ac
knowledgment"), by and between the City of & · '"'-.....sc..(the "City") and .:!..A . ~t ¢4' (the "Franchise Hauler").

WITNESSETH
[WHEREAS, the City and the Franchise Hauler have heretofore entered into an agreement entitled ___ _, dated as of (the "Franchise"); and[
[WHEREAS, the ity has issued to the Franchise Hauler a permit, license, approval or other authorization the "Autho rization") which allows the Franchise Hauler to provide solid waste collection services within the ity; and]]
[WHEREAS, the Franchise [SUBSTITUTE "AUTH ORIZATION" THROUGHOUT IF APPLICABLE]] provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste') generated within the City; and]
WHEREA , Orange County (the "County") owns, manages and operates a sanitary landfill disposal sy tern for municipal solid waste generated within the County; and WHEREAS, the City and the County have heretofore entered into a Waste Disposal Agreement, dated as of ____ _, 2008 (the "Disposal Agreement") determining that the execution of such Disposal Agreement will serve the public health, safety and welfare of the residents of the City and County, by maintaining public ownership and stewardship over the Orange County Landfill Disposal System (the "Disposal System"); and WHEREAS, under the Disposal Agreement, the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System; and WHEREAS, the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler; WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the dispo at of all Franchise Waste to the Disposal System; and WHEREAS, the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the ity and the Franchise Hauler will be entitled to the benefits of the Waste Disposal Agreement and to as ure conformity with the waste delivery obligations which have been agreed to by the City under the Disposal Agreement through the delivery of waste by the Franchise Hauler to the Disposal System; and WHEREAS, the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal ystem under this Acknowledgment is given in consideration of the Franchise Hauler's right to receive the Contract Rate for uch disposal as provided in the Disposal Agreement.

OW, THEREFORE, in consideration of the premises and for other good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows:

1. Capitalized terms used and not otherwise defined herein are used as defined in the Disposal Agreement.
xecution Copy
190

2. The Franchise Hauler hereby waives any right which it may possess under applicable law to conte t on any ground, constitutional , statutory, case law, administrative or otherwise , (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the Disposal Agreement, (b) the enforceability against the County or the City of the Disposal Agreement , or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with this Acknowledgment.

3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies.

4. The Franchjse Hauler shall deliver or cause to be delivered all Controllable Waste (including all residue from the processing by any means, wherever conducted, of Controllable Waste), to the Disposal ystem, and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in ection 3.1 of the Disposal Agreement.

5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility con tituting City Acceptable Waste (or Tonnage equjvalencies) and the City Acceptable Waste tran ferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal Covenant.

7. Nothillg in this Acknowledgment is intended to restrict any right or responsibil ity explicitly given the Franchise Hauler in the Franchise to recycle City Acceptable Waste, except as provided in paragraph 5 above with respect to Residue from any such recycling operations .

8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstandin g any provision of the Franchise which may conflict herewith.

9. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith.

12. The Hauler agrees to assist the County in verifYing tonnage collected by the Franchise Hauler and providing information required by the County. Hauler will provide upon request refuse tonnage collected within the ounty, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction , by load type (residential, commercial , roll-off box), and by facility to which it was delivered (specifY which landfill or transfer station). Hauler will provide customer service levels and route lists. Hauler will cooperate with ounty audits to verity reported origin of tonnage by making records and personnel available to the County and/or its auditors.

Execution Copy
191
IN WITNESS WHEREOF, the parties have caused this Acknowledgment to be executed by their duJy authorized officers or representatives as of 2S day of ..:I~ 20~. \f. ~ Suv~ d-~r
(Franchise HauJer)
::::~ .. 2~
Title: Q(AYN t,.-1\...

Execution Copy
192

FRANCHISE HAULER ACKNOWLEDGMENT
THIS FRANCHISE HAULER ACKNOJ.'~EDGMENT, dated as of ~~ 2.., , 2009 (the "Acknowledgment "), by and between the City of ~~ (the "City") and Wa (the "Franchise Hauler"). ~

WITNESSETH
[WHEREAS, the City and the Franchise Hauler have heretofore entered into an agreement entitled ____ , dated as of (the "Franchise"); and[
(WHEREAS, the City has issued to the Franchise Hauler a permit, license, approval or other authorization the "Authorization") which allows the Franchise Hauler to provide solid waste collection services within the City; and]]
(WHEREAS , the Franchise (SUBSTITUTE "AUTHORIZATION " THROUGHOUT IF APPLICABLE]] provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste") generated within the City; and]
WHEREAS , Orange County (the "County") owns, manages and operates a sanitary landfill disposal system for municipal solid waste generated within the County; and WHEREAS , the City and the County have heretofore entered into a Waste Disposal Agreement , dated as of _____ ,, 2009 (the "Disposal Agreement") determining that the execution of such Disposal Agreement will serve the public health, safety and welfare of the residents of the City and County, by maintaining public ownership and stewardship over the Orange County Landfill Disposal System (the "Disposal System "); and WHEREAS, under the Disposal Agreement , the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System; and WHEREAS , the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler ; WHEREAS , notwithstanding any Franchise provisions to the contrary , the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Disposal System ; and WHEREAS, the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the Disposal Agreement through the delivery of waste by the Franchise Hauler to the Disposal System; and WHEREAS , the Franchise Hauler 's agreement to deliver Franchise Waste to the Disposal System under this Acknowledgment is given in consideration of the Franchise Hauler's right to receive the Contract Rate for such disposal as provided in the Disposal Agreement.

NOW , THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby , agree as follows :

I. Capitalized terms used and not otherwise defined herein are used as defined in the Disposal Agreement.

Execu t1on Copy
193

2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground , constitutional, statutory, case law, administrative or otherwise, (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the Disposal Agreement, (b) the enforceability against the County or the City of the Disposal Agreement, or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with this Acknowledgment.

3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies.

4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all residue from the processing by any means, wherever conducted, of Controllable Waste), to the Disposal System, and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the Disposal Agreement.

5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility , composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal Covenant.

8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding any provision of the Franchise which may conflict herewith .

9. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith.

II. The City and Hauler agree that the County shall be an express third party beneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder .

12. The Hauler agrees to assist the County in verifYing tonnage collected by the Franchise Hauler and providing information required by the County. Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination) , separated by jurisdiction , by load type (residential, commercial, roll-off box), and by facility to which it was delivered (specifY which landfill or transfer station). Hauler will provide customer service levels and route lists. Hauler will cooperate with County audits to verifY reported origin of tonnage by making records and personnel available to the County and/or its auditors .

Execution Copy
194
WIT ESS WHEREOF, the parties have caused this Acknowledgment to be executed by their duly authonzed officers or representatives as of _L_ day of 0~ , 200!f.

CITY OF ~~ N_7.S:

Si~'ru" ~ ~L
Printed arne: ~~ ~~
Title: ~s~~ ~
ExecutiOn Copy
195
Pa
ge 1 of 5
SEC

OND AMENDMENT TO WASTE DISPOSAL AGREEMENT
Betw
een
TH

E COUNTY OF ORANGE, CALIFORNIA
an
d the
CI

TY OF COSTA MESA
Jun
e 30, 2025
Co
unty Amendment Authorization Date
_______
__________, 2025
Co
unty Notice Address:

Dire
ctor, OC Waste & Recycling
601 N. Ross Street
5th Floor
Santa Ana, CA 92701
Ci
ty Amendment Authorization Date
_______
_____________, 2025
Cit
y Notice Address:

TY OF COSTA MESA
Attn: Kevin Gaxiola
77 Fair Drive
Costa Mesa, CA 92626
ATTACHMENT 2
196

Page 2 of 5 ends

Costa Mesa City CouncilMay 20, 2025

Costa Mesa City Council
May 20, 2025