Agenda packet — Costa Mesa City Council, June 2, 2026 (part 3 of 3)

Attachment 10
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Costa Mesa
Police Department
Annual AB 481 Report
FY 2025/2026
______________________________________________________________________ On August 2, 2022, military equipment, as defined under Government Code 7070 , was approved for police use by the Costa Mesa City Council, consistent with Assembly Bill (AB) 481. The policy regarding use of such equipment is documented under Costa Mesa Police Department (CMPD) Policy Manual section 706 and is publicly available on the Costa Mesa Police Department website . Types, quantities, descriptions, and costs of equipment are contained in section 706.5 of the Policy Manual. As of this report, the items, uses, quantities, their costs, and their purposes have not changed. The Department does not currently acquire equipment beyond what is already authorized in Policy 706.

From April 18, 2025 to April 27, 2026, the CMPD received zero (0) complaints about any of the items outlined in Policy Section 706.5. During the same period, there were zero (0) internal audits and zero (0) violations of the AB 481 Equipment Use Policy.

The CMPD recognizes critical incidents can be unpredictable and rapidly evolving. The equipment listed in the AB 481 Equipment Use Policy greatly assists law enforcement in bringing those incidents to a safe and swift resolution. The use of AB 481 equipm ent is continuously evaluated by department personnel to ensure compliance with State law and Department policy/procedure.

The following section outlines the AB 481 equipment used by members of the CMPD from April 18, 202 5 to April 27, 202 6. Certain items of AB 481 equipment, particularly consumables (ammunition, diversionary devices, pepper balls, chemical agents, etc.) are used throughout the year on a regular basis for training and maintaining operational proficiency. Training usage is n ot captured in this section. This section only provides data for the operational use of AB 481 equipment listed within this annual AB 481 Use Summary Report.

The CMPD utilizes or displays certain pieces of AB 481 equipment during outreach and community engagement events as a means of raising awareness, transparency, and education. Such events include but are not limited to, the CMPD Citizens Academy, National Night Out, the Lion’s Club Fish Fry, and Love Costa Mesa events. The usage of the equipment in these events is not reflected in this report.

Other items listed in the CMPD Policy Manual section 706.5 that are not specifically mentioned in the summary above were not used during the time frame of this report.

Specifics regarding the purpose of each item, the associated costs and the quantity possessed is outlined under CMPD Policy Manual Section 706 and 706.5 (Attached).

Attachment 11
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The following is data for AB 481 use by category:

VEHICLES
Mobile Command Vehicle (MCV)
The MCV was used a total of eight (8) times from April 18, 2025 to April 27, 2026, during official law enforcement activities in accordance with CMPD policy.

Authorized Usages:

Only officers trained in the use and deployment of the MCV shall drive the vehicle under the direction of the Chief of Police, Field Operations Captain, Support Services Captain, SWAT Commander, Watch Commander, or their designee. Situations where the MCV may be deployed include but are not limited to:
• Critical incidents
• Natural disasters
• Special events
• Training
• Emergencies
Armored Rescue Vehicles (ARVs)
The CMPD ARV was used zero (0) times from April 18, 2025 to April 27, 2026.

Authorized Use:

The ARVs use shall be authorized by the Chief of Police, Division Commander, Watch Commander , or SWAT Commander based on the specific circumstances of a given critical incident. ARVs shall only be used by personnel trained in their deployment and in a manner consistent with Department policies/procedures. Situations, where the ARVs may be deployed, include but are not limited to:
• Critical incidents
• Natural disasters
• Special events
• Training
• Emergencies

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SPECIALIZED TACTICAL EQUIPMENT

Unmanned Aerial Systems (UAS)
UASs were utilized at total of four hundred and fifty -nine (459) times from April 18, 2025 to April 27, 2026, during official law enforcement activities in accordance with CMPD policy.

Authorized usages:

Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions. The UAS is to be deployed when its capabilities would assist officers or incident commanders with the following situations, which include but are not limited to:
• Major collision investigations
• Active law enforcement incidents (call for service)
• Search for missing persons
• Natural disaster management
• Crime scene photography
• SWAT, tactical, or other public safety and life preservation missions.
• In response to specific requests from local, State, or Federal fire authorities for fire response and/or prevention.

Tactical Robot
The Tactical Robot was used zero (0) times from April 18, 2025 to April 27, 2026.

Authorized usages:

The tactical robot shall only be deployed by Department personnel trained in its use, and with the approval of the SWAT Commander, Watch Commander, or their designee. Situations where the robots may be deployed, include but are not limited to:
• Critical incidents
• Natural disasters
• Special events

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LESS- LETHAL DEVICES

40mm Launchers and Munitions
40mm launchers and munitions were used zero (0) times from April 18, 2025 to April 27, 2026.

Authorized usages:

Situations where the deployment of less-lethal impact or chemical munitions are authorized include but are not limited to:
• Self-destructive, dangerous, and/or combative individuals. • Riot/crowd control and civil unrest incidents where the criminal behavior involved exceeds a failure to disburse or curfew violation.
• Circumstances where a tactical advantage can be obtained. • Vicious animals
• Training exercises or approved demonstrations
• Tactical situations involving the deployment of the
Department's SWAT Team including but not limited to,
barricaded subjects.

PepperBall Launcher and Munitions
PepperBall launchers and munitions were used zero (0) times from April 18, 2025 to April 27, 2026.

Authorized usages:

Only officers who have received certification in the use of PepperBall are authorized to use PepperBall. Situations where the Pepper Ball may be deployed include, but are not limited to:

• Tactical situations involving the deployment of the
Department's SWAT Team
• Training exercises or approved demonstrations
• Potentially vicious animals
• Circumstances where a tactical advantage can be obtained • Riot/crowd control and civil unrest incidents
• Self-destructive, dangerous, and/or combative individuals

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Chemical and Smoke Canisters
Chemical and smoke canisters were used zero (0) times from April 18, 2025 to April 27, 2026.

Authorized usages:

Only SWAT officers who have received POST certification in the use of chemical agents are authorized to use chemical agents. Situations where the chemical agents may be deployed include, but are not limited to:

• Self-destructive, dangerous, and/or combative individuals • Riot/crowd control and civil unrest incidents
• Circumstances where a tactical advantage can be obtained. • Potentially vicious animals
• Training exercises or approved demonstrations
• Tactical situations involving the deployment of the
Department's SWAT Team.

FIREARMS AND AMMUNITION
Rifles and Ammunition
Rifles and associated ammunition were deployed, but never fired, at various times during official law enforcement activities in accordance with CMPD policy.

Authorized usages:

Only officers POST certified in the use of the rifle are authorized to deploy them in the field. Situations where rifles may be used include, to prevent serious bodily injury or death to self or others and during training.

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Resolution No. 2026-XX Page 1 of 2

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,

RENEWING ITS MILITARY EQUIPMENT POLICY

RECITALS
A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment”, to Division 7 of Title 1 of the Government Code (sections 7070 – 7075), relating to the use of military equipment by California law enforcement agencies; and B. AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
C. AB 481 requires, inter alia, the Police Department submit to the City Council an annual military equipment report for each type of military equipment approved by the City Council; and
D. The City Council shall review its Ordinance approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the Ordinance at a regular meeting; and
E. The City Council shall determine, based on the annual military equipment report submitted, whether each type of military equipment identified in that report has complied with the standards for approval set forth in its Ordinance; and F. The City Council has reviewed the annual military report submitted by the Police Department and determined the military equipment has complied with the standards for approval set forth in its Ordinance; and
G. The City Council previously renewed Ordinance No. 2022-03 by resolution of the City Council set forth below.

H. The City Council desires to again renew Ordinance No. 2022-03.

THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are a substantial part of this resolution.

SECTION 2. City of Costa Mesa Ordinance No. 2022-03 is hereby renewed.

SECTION 3. The City Clerk shall certify to passage and adoption thereof.

Attachment 12
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Resolution No. 2026-XX Page 2 of 2
APPROVED AND ADOPTED this 2nd day of June, 2026.

John Stephens, Mayor

ATTEST:

Brenda Green, City Clerk
338
ORDINANCE NO. 2022- 03

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING AN AB 481 EQUIPMENT USE POLICY OF THE CITY

OF COSTA MESA, CALIFORNIA GOVERNING THE USE OF MILITARY

EQUIPMENT

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

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (" AB 481"), adding Chapter 12. 8, " Funding, Acquisition and Use of Military Equipment", to Division 7 of Title 1 of the Government Code ( sections 7070 — 7075), relating to the use of equipment identified by the state as "military equipment" hereinafter referred to as " AB 481 equipment") by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how AB 481 equipment is funded, acquired, or used;
WHEREAS, the Costa Mesa Police Department is in possession of certain items of equipment that qualify as " military equipment" under AB 481 and further intends to acquire other items that fall under this definition; WHEREAS, AB 481 requires, inter alia, that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released, written, military equipment use policy document ( hereinafter referred to as the " AB 481 Equipment Use Policy") covering the, description, quantity, purpose, capabilities, use, lifespan, acquisition, maintenance, authorized use, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department' s use of such equipment;
WHEREAS, the policy must be approved by the City Council by ordinance, and reviewed annually thereafter; and
WHEREAS, the AB 481 equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
WHEREAS, the proposed AB 481 Equipment Use Policy (" Policy") will safeguard the public's health, welfare, safety, civil rights, and civil liberties; Ordinance No. 2022- 03 Page 1 of 4
Attachment 13
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WHEREAS, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; WHEREAS, prior AB 481 equipment use complied with the applicable equipment use policy ( which included equipment now defined as military equipment) that was in effect at the time;
WHEREAS, the Police Department has submitted the proposed Policy to the City Council and thereafter has made those documents available on the Police Department' s website for at least 30 days prior to the public hearing concerning the AB 481 equipment at issue;
WHEREAS, the Policy satisfies the requirements of Government Code Section 7070( d);
WHEREAS, the City Council of the City of Costa Mesa, having received the information required under AB 481 regarding the Costa Mesa Police Department' s use of AB 481 equipment as defined in said law, deems it to be in the best interest of the City to and hereby does approve the AB 481 Equipment Use Policy.

WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HERBY ORDAINS AS FOLLOWS:

Section 1: Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.

Section 2: Approval of AB 481 Equipment Use Policy.

AB 481 Equipment Use Policy.
a) The AB 481 Equipment Use Policy shall govern the use of AB 481 equipment by the Costa Mesa Police Department.
b) The Policy shall be made publicly available on the Police Department' s website for as long as the AB 481 equipment is available for use or as otherwise ordained by the City Council.
c) The Police Department shall submit an annual AB 481 equipment report to the City Council containing the information required by Government Code Section 7072 and the City Council shall thereafter determine whether each type of AB 481 equipment identified therein complied with the standards for approval set forth in Government Code Section 7071( d).

Ordinance No. 2022- 03 Page 2 of 4
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d) The City Council shall on an annual basis and at a regular meeting thereof review this ordinance and vote on whether to renew it pursuant to Government Code Section 7071( e)( 2).
e) The definitions set forth in Government Code section 7070 shall apply to this ordinance. Any provision of state law referred to herein shall mean and include any amended or successor provision thereof.

Section 3: Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act ( CEQA) pursuant to Section 15061 ( b)( 3) General Rule) of the CEQA Guidelines because it is not a "project' and because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.

Section 4: Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 5: Uncodified Ordinance. This Ordinance shall not be codified in the Costa Mesa Municipal Code unless and until the City Council so ordains.

Section 6: Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors.

Section 7: Effective Date. This Ordinance shall become effective thirty ( 30) days following its adoption.

Section 8: Certification. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law.

Ordinance No. 2022- 03 Page 3 of 4
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APPROVEDAND ADOPTEDon this 2ndday of August, 2022.

ATTEST:

Brenda Gree City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF COSTA MESA
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APPROVED AS TO FORM:
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KimberlyHallBarlow, CityAttorney
I, Brenda Green, CITY CLERK of the City of Costa Mesa California, do hereby certify that the foregoing ordinance was regularly introduced at a regular meeting of the City Council held on the 19thday of July, 2022, and adopted by the City Council of the City of Costa Mesa, California, at a regular meeting thereof held on the 2ndday of August, 2022, by the following vote of the City Council:

AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARLAN, HARPER, REYNOLDS, MARR, AND STEPHENS.

NOES: COUNCIL MEMBERS: NONE.

ABSENT: COUNCIL MEMBERS: NONE.

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 3rdday of August, 2022.
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BrendaGreen,16tyClerk
Ordinance No. 2022- 03 Page 4 of 4
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Costa Mesa
Police Department
Costa Mesa PD Policy Manual
706.5 AB 481 EQUIPMENT INVENTORY

1. Description, cost, quantity, and capabilities : 2021 Freightliner MT -55 chassis (custom built) vehicle, approximate cost: $1.2 Million, quantity: not to exceed 1. The MCV can also be utilized for SWAT/CNT and other critical incidents, significant, preplanned events, searching for missing persons, natural disasters, and community events. The MCV has redundant and supplemental communications capabilities increasing public safety interoperability during complex incidents or those requiring supplemental communications capabilities for coordination.

2. Purpose: Used for critical incidents based on the circumstances of a specific event, large event, or natural disaster to effectively and efficiently serve the community.

3. Authorized Use: Only officers trained in the use and deployment of the MCV shall drive the vehicle under the direction of the Chief of Police, Field Operations Captain, Support Services Captain, SWAT Commander, Watch Commander, or their designee. Situations where the MCV may be deployed include but are not limited to critical incidents, natural disasters, special events, training, and emergencies.

4. Lifespan: The MCV has an estimated lifespan of approximately 20-years; however, upgrades are required annually to maintain communications and IT systems.

5. Fiscal Impact: The MCV was authorized in 2021 and purchased in 2022.

Annual maintenance costs are estimated to be approximately: $6,000.

Annual communication licensing, subscriptions, and required upgrades are estimated to be approximately: $6,000

6. Training: Drivers/Operators shall receive safe handling and maneuvering training on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle with an experienced driver throughout the city.

7. Legal and Procedural Rules: It is the policy of the Department to use the MCV in accordance with State and Federal law and department policy. (B) Armored Rescue Vehicles (ARVs): Commercially produced, ballistic protected, wheeled vehicles designed for law enforcement purposes.

Policy
706
Attachment 14
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1. Description, cost, quantity, and capabilities:
(a) Lenco BearCat, cost approximately: $318, 000, quantity: not to exceed

2. Purpose: Used in response to critical incidents to enhance officers and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. Additionally, ARVs may be deployed as displays for community outreach events.

3. Authorized Use: ARV use shall be authorized by the Chief of Police, Division Commander, Watch Commander or SWAT Commander based on the specific circumstances of a given critical incident. ARVs shall only be used by personnel trained in their deployment and in a manner consis tent with Department policies/procedures. Situations where the ARVs may be deployed include but are not limited to critical incidents, natural disasters, special events, training, and emergencies.

4. Lifespan: The ARV has an estimated lifespan of approximately 20 years.

5. Fiscal Impact:
(a) Lenco BearCat: Annual maintenance cost approximately: $4,000

6. Training: All drivers/operators shall attend formalized instruction in vehicle operations, practical driving instruction, and deployment procedures.

7. Legal and Procedural Rules : It is the policy of the department to use the ARV in accordance with State and Federal law and department policy.

SPECIALIZED TACTICAL EQUIPMENT
(A) Tactical Robot: A remotely controlled, tracked, robot equipped with cameras and two-way audio communication capabilities.

1. Description, cost, quantity, and capabilities: IROBOT FASTPAC PACKBOT TACTICAL ROBOT, cost: on loan from US military, quantity: not to exceed 2. A remotely operated tactical robot providing officers with the ability to observe the interior of a structure without entering. This capability increases the safety of community members, officers, and suspects by providing the operator with the ability to observe and locate subjects without the risk of a face -to-face confrontation. Additionally, the remote, two- way, communication capability allows operators to de-escalate situations by negotiating the surrender of barricaded subjects.

2. Purpose: To be used during tactical incidents to safely search a structure without exposing officers and/or community members to the risk of a face-to- face confrontation.

3. Authorized Use: The tactical robot shall only be deployed by Department personnel trained in its use, and with the approval of the SWAT Commander, 344
Watch Commander, or their designee. Situations where the robots may be deployed include but are not limited to critical incidents, natural disasters, special events, training, and emergencies.

4. Lifespan: The robot's lifespan is approximately 10 years.

5. Fiscal Impact: The iRobot FASTPAC Packbot was loaned to the Department in 2021. The Department paid approximately $500 in shipping costs. Annual maintenance cost of approximately: $200.

6. Training: All operators shall receive initial training before deploying the robot in the field.

7. Legal and Procedural Rules: The Department shall only use the robot pursuant to State and Federal Law and department policy. (B) Unmanned Aerial System (UAS): An unmanned aircraft and the associated equipment necessary to control it remotely.

1. Description, cost, quantity, and capabilities:
(a) DJI Mini 2-6, approximate cost: $909 each, quantity: not to exceed 15.

Utilizing DJI's OcuSync 2.0 2.4/5.8 GHz wireless transmission technology, the Mini 2 can be operated from up to 6.2 miles distance from the operator while still providing video of what the drone records. The Mini 2 can also be flown as high as 2.5 miles and withstand 19 to 24 mph winds. The DJI Mini 3 is an upgrade from the DJI Mini 2. It features a Tri-Directional Obstacle Sensing (Forward/Backward/Downward), Record Up to 4K/60fps Video and 4K/30fps HDR Video, 34-min Max Flight Time, True Vertical Shooting, FocusTrack (ActiveTrack, Spotlight, and Point of Interest). This UAS is able to fly indoors unlike other UAS systems.
(b) Autel EVO II 640T, approximate cost: $ 5,400, quantity: not to exceed

4. The EVO II 640T features a high -resolution thermal camera, which enables the ability to capture incredible detail in dark environments, not previously possible on an aerial drone of this size. Thermal vision capabilities can be combined with the 8K/49MP visual camera for visual intelligence. 12 visual sensors provide omnidirectional obstacle avoidance.
(c) Autel EVO II Pro, approximate cost: $ 3,300 each, quantity: not to exceed 5. The EVO II Pro features a high resolution camera with the ability to capture incredible video and photo details. Twelve visual sensors provide omnidirectional obstacle avoidance.
(d) DJI Mavic 3T, approximate cost: $3,889 quantity: not to exceed 4. The DJI Mavic 3T features a high-resolution thermal camera, which enables the ability to capture incredible detail in dark environments, not previously possible on an aerial drone of this size. Thermal vision capabilities can be combined with the 4K/60MP visual camera for visual intelligence. 12 visual sensors provide omnidirectional obstacle avoidance and dual tele cameras.
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(e) DJI Avata Pro, approximate cost: $1,428, quantity: not to exceed 2. DJI Avata Pro Immersive Flight Experience, Intuitive Motion Control, 4K/60fps 155° Super-Wide FOV Videos, Powerful Video Stabilization, Enhanced Safety with Built -in Propeller Guard, 1080p/100fps video transmission quality: the lowest latency of 30 MP, Dual 1080p Micro -OLED Screens. Great for interior flying for high-risk situations. (f) DJI Matrice 300 RTK, approximate cost $20,000, quantity: not to exceed 2. DJI Matrice 300 RTK, would be used for Drone as a Frist Responder (DFR). DJI Matrice has a flight time of 55 minutes, 6 - directional sensing and positing, night -vison FPV camera, max horizontal speed 51 MPH, Forward/Backward/Downward FOV, operating frequency 2.4/5.8GHz, 12-mile radius. Great for day-to-day operation and able to fly in harsh environments.
(g) Skydio X10, approximate cost $30,000, quantity: not to exceed

3. Skydio X10, would be used for Drone as a Frist Responder (DFR). Skydio X10 has a flight time of 40 minutes, max horizontal speed 45 MPH, Forward/Backward/Downward FOV, 7.5 mile radius, integrated with FLOCK safety cameras and AXON, controlled by remote or browser, and onboard AI capability. Great for day to day operation and able to fly in harsh environments.

2. Purpose: To be deployed when its capabilities would assist officers or incident commanders with the following situations, which include but are not limited to:
(a) Major collision investigations.
(b) Active law enforcement incidents (call for service) (c) Search for missing persons.
(d) Natural disaster management.
(e) Crime scene photography.
(f) SWAT, tactical, or other public safety and life preservation missions. (g) In response to specific requests from local, State, or Federal fire authorities for fire response and/or prevention.

3. Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.

Situations where UASs may be deployed include but are not limited to critical incidents, natural disasters, special events, training, and emergencies.

4. Lifespan: All UAS equipment has an estimated lifespan of approximately 3-5 years.

5. Fiscal Impact: The Department is in the process of identifying a funding source for the UAS program, including an application for grant funding. The estimated annual cost of the UAS program maintenance is approximately $10,000.

6. Training: All Department UAS operators will be licensed by the Federal 346
Aviation Administration for UAS operation. In addition, each operator must attend ongoing monthly training.

7. Legal and Procedural Rules: The Department will only deploy the UAS for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law and department policy. (C) NIGHT VISION (NVGs): Optical device to increase an officer’s ability to see at night or in low-light conditions.

1. Description, cost, quantity, and capabilities: MUM-14XR-5 night vision monocular, cost: on loan from US military, quantity : not to exceed 40. The MUM-14XR-5 is a high performance modular, hand-held passive night vision monocular device that utilizes a single Generation III intensifier tube to provide crisp, clear images under th e darkest conditions. The m onocular "single tube / single eyepiece" approach to night vision missions is based upon the proven concept that independent use of each eye maximizes the ability of the user to operate under a wide range of low light conditions and maintain maximum situational awareness.

2. Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
(a) Search for missing persons.
(b) Natural disaster management.
(c) SWAT, tactical, or other public safety and life preservation missions.

3. Authorized Use: NVGs shall only be used by trained members of the Department's SWAT Team during situations that include but are not limited to the following:
(a) By officers who have been trained in their proper use (b) In hostage and barricaded subject situations
(c) In high -risk warrant (search/arrest) services where there may be extreme hazards to officers
(d) During other high-risk situations where their use would enhance officer safety and the safety of community members
(e) During training exercises

4. Lifespan: Approximately 10 years

5. Fiscal Impact: Loaned from US military. No annual maintenance costs.

6. Training: All Department members who have been issued NVG’s will train with them on an annual basis.

7. Legal and Procedural Rules: The Department will only utilize NVGs for official law enforcement purposes and pursuant to State and Federal law and department policy.
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(D) Long Range Acoustic Device (LRAD): The LRAD is a high -intensity directional acoustical array for long-range, crystal clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

1. Description, cost, quantity, and capabilities: LRAD 100x, approximate cost: $10,703.56, quantity: not to exceed 1. Self -contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LRAD 100X ensures voice messages are clearly heard and understood. LRAD's optimized driver, waveguide, and power efficiency technologies enable the LRAD 100X to provide several hours of clear, continuous communication from a single battery charge.

2. Purpose: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/K9 deployments, etc.). The LRAD may also be used to issue a warning tone.

3. Authorized Use: LRADs shall only be used by personnel trained in its deployment and used in a manner consistent with State and Federal law and training.

4. Lifespan: LRADs have an estimated lifespan of approximately 25 years.

5. Fiscal Impact: Annual maintenance cost of approximately $300.

6. Training: All operators receive training before operating any LRADs in the field.

7. Legal and Procedural Rules: The Department shall only utilize the LRAD for official law enforcement purposes and pursuant to State and Federal law and department policy.

LESS-LETHAL DEVICES
(A) 40MM Launchers and Munitions: 40MM launchers are utilized by Department personnel as a less-lethal tool to deploy less-lethal impact munitions and chemical agents.

1. Description, cost, quantity, and capabilities:
(a) DEFENSE TECHNOLOGY Single Shot 40MM Launcher, #1300, approximate cost: $1,000, quantity: not to exceed 100. The 40MM Single Launcher is a tactical single -shot launcher that has an Integrated Front Grip (IFG), equipped with an EOTech holographic sight system It will fire standard 40mm less-lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less-lethal round up to 131 feet. (b) DEFENSE TECHNOLOGY Tactical 4 -Shot 40MM Launcher, #1440.

Cost approximately $1,800. Quantity: not to exceed 6. Designed for riot and tactical situations, the Defense Technology 1440 40mm Tactical 4- Shot Launcher is low -profile and lightweight, providing multi -shot capability in an easy to carry launcher. It features the Rogers Super Stoc expandable gun stock, an adjustable Picatinny mounted front grip, 348
and a unique direct-drive system to advance the magazine cylinder. It is equipped with a EOTech holographic sight system.
(c) B&T GL06 BT -31000-A Single Shot 40MM Launcher approximate cost:
$1,400 each, quantity: not to exceed 4. Designed from the ground up for lightweight, accurate, and rapid deployment, the B&T GL06 launcher and SIR (Safe Impact Round) ammunition family is the state of the art in a point-of-aim/point-of-impact “less lethal” system created specifically for public order, law enforcement and peacekeeping operations. Rifled Barrel for Precision Accuracy, Folding Stock, Familiar Ergonomic Controls, Multiple Picatinny Accessory Rails. Color: Black, material:

Polymer / Aluminum. Caliber: 40mm, Barrel Length: 11", Twist R ate:
1:47, Length: 15.2-23.5 ", Weight 4.6 Lbs, Action: Single Shot. (d) DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325, cost approximately: $20, quantity: not to exceed 500. A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi- round purpose-built 40mm launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft/ lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than ten (10) feet and as far as 131 feet from the target.
(e) DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT CS CRUSHABLE FOAM ROUND, #6320, cost approximately: $18, quantity: not to exceed 60. A less lethal 40MM lightweight plastic and crushable foam projectile fired from a single or multi -round purpose -built 40mm launcher with a rifled barrel at 295 FPS. The 39 -gram crushable foam projectile delivers 120 ft./lbs. of energy upon impact in addition to the dispersion of 5 grams of CS irritant. The 40mm Direct Impact CS Round provides accurate and effective performance when fired from the approved distance of not less than ten (10) feet and as far as 120 feet from the target. Only trained members of the Department's SWAT Team are authorized to deploy the 40mm Direct Impact CS round. (f) DEFENSE TECHNOLOGY, DIRECT IMPACT MARKING
CRUSHABLE FOAM ROUND, #6326, cost approximately: $21,
quantity: not to exceed 50. A less lethal 40MM lightweight plastic and foam projectile with a green marking agent, fired from a single or multi- round purpose built 40MM launcher with a rifled barrel at 325 FPS. The 30-gram foam pr ojectile delivers up to 120 ft./lbs. of energy upon impact. The 40MM Direct Impact Marking Crushable Foam Round provides accurate and effective performance when fired from the approved distance of not less than then (10) feet and as far as 131 feet from the target. Only trained members of the Department's SWAT Team are authorized to deploy the 40mm Marking Round.
(g) DEFENSE TECHNOLOGY, EXACT IMPACT LE 40MM EXTENDED
RANGE SPONGE ROUND, 6325LE, cost approximately : $25,
quantity: not to exceed 50. A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi -round purpose -built 40mm 349
launcher with a rifled barrel at 400 FPS. The 40mm Exact Impact Extended Range Sponge Round provides accurate and effective performance when fired from the approved distance of not less than 33 feet, and as far as 230 feet from the target. Only trained members of the Department's SWAT Team are authorized to deploy the 40mm Extended Range Sponge Round.
(h) DEFENSE TECHNOLOGY, 40MM FERRET POWDER BARRICADE
ROUND, CS, #1292, cost approximately: $25, quantity: not to exceed

50. The Ferret 40 mm Barricade Penetrating Round is filled with a CS powder chemical agent. It is a frangible projectile that is spin-stabilized, utilizing fins and barrel rifling. It is non -burning and used by tactical teams to penetrate barriers and deliver a chemical agent. Only trained members of the Department's SWAT Team are authorized to deploy the 40mm Ferret Powder Barricade Round.
(i) DEFENSE TECHNOLOGY, 40MM FERRET LIQUID BARRICADE
ROUND, CS, #1262, cost approximately: $25, quantity: not to exceed

20. The Ferret 40 mm Barricade Penetrating Round is filled with a CS liquid chemical agent. It is a frangible projectile that is spin -stabilized, utilizing fins and barrel rifling. It is non -burning and used by tactical teams to penetrate barriers and deliver a chemical agent. Only trained members of the Department's SWAT Team are authorized to deploy the 40mm Ferret Liquid Barricade Round.
(j) DEFENSE TECHNOLOGY Single Shot 40MM Launcher, #1425, cost approximately: $1,000, quantity: not to exceed 100. The 40MM Single Launcher is a tactical single-shot launcher that features an expandable Rogers Super Stoc and adjustable Integrated Front Grip (IFG), equipped with an EOTech holographic sight system. It will fire standard 40mm less-lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less-lethal round up to 131 feet.

8. Purpose: To limit the escalation of conflict where the employment of lethal force is prohibited or undesirable.

9. Authorized Use: Situations where the deployment of less-lethal impact or chemical munitions are authorized include but are not limited to:
(a) Self-destructive, dangerous, and/or combative individuals (b) Riot/crowd control and civil unrest incidents where the criminal behavior involved exceeds a failure to disburse or curfew violation. (c) Circumstances where a tactical advantage can be obtained (d) Vicious animals
(e) Training exercises or approved demonstrations

(f) Tactical situations involving the deployment of the Department's SWAT Team including, but not limited to barricaded subjects.

10. Lifespan:
350
(a) DEFENSE TECHNOLOGY Single Shot Launcher is approximately 20 years
(b) DEFENSE TECHNOLOGY Tactical 4-Shot Launcher is approximately 20 years
(c) All munitions listed above are approximately 5 years

11. Fiscal Impact: Annual maintenance for the 40MM launchers is approximately $50 each.

12. Training: Personnel deploying less lethal or chemical agents will be trained in their use and deployment before using them in the field. All training will be conducted by a POST-certified less lethal or chemical agent instructor.

13. Legal and Procedural Rules: It is the department’s policy to use all less - lethal devices and associated munitions in accordance with State and Federal law and department policy.
(E) PepperBall Launcher a n d M uni t i on s: A less lethal device that d i sc har ges projectiles designed to breach glass or projectiles containing chemical agents

1. Description, cost, quantity, and capabilities:
(a) PepperBall FTC Launcher, cost approximately: $510 each, quantity: not to exceed 10. Semi- automatic launcher system with a firing rate of 10- 12 RPS. Compact lightweight modular design. Ambidextrous rotational safety switch. 30 cubic inch high capacity high -pressure air system.

Designed for use with high-pressure air.
(b) PepperBall INERT Powder Projectiles, cost approximately: $300 for a case of 375, quantity: not to exceed 6 cases. Inert projectiles used for training purposes.
(c) PepperBall LIVE-X PAVA / Oleoresin Capsicum (OC), cost approximately: $1,100 for a case of 375, quantity: not to exceed 4 cases. Contains a powerful concentration of PAVA pepper powder. One round of LIVE -X™ contains the equivalent to 10 regular PepperBall rounds.

2. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of PepperBall may include, but are not limited to:
(a) Tactical situations involving the deployment of the Department's SWAT Team
(b) Training exercises or approved demonstrations
(c) Potentially vicious animals
(d) Circumstances where a tactical advantage can be obtained (e) Riot/crowd control and civil unrest incidents
(f) Self-destructive, dangerous, and/or combative individuals

3. Authorized Use: Only officers who have received certification in the use of 351
PepperBall are authorized to use PepperBall. Situations where the PepperBall may be deployed include but are not limited to critical incidents, emergencies, and training.

4. Lifespan:
(a) PepperBall FTC Launcher approximately 20 years
(b) All PepperBall projectiles have a lifespan of approximately 3 years.

5. Fiscal Impact: Annual maintenance for the PepperBall launchers is approximately $50.

6. Training: Only officers who have been properly trained will be permitted to deploy and use PepperBall.

7. Legal and Procedural Rules: The Department will only deploy PepperBall for law enforcement purposes and in accordance with State and Federal law and department policy.
(F) Chemical Agent and Smoke Canisters: Canisters that disburse chemical agents and/or smoke when deployed.

1. Description, cost, quantity, and capabilities:
(a) DEFENSE TECHNOLOGY, RIOT CONTROL CS gas, #1082, cost approximately: $41, quantity: not to exceed 100. The Riot Control CS is a continuous discharge canister. This canister can be hand thrown or launched from a fired delivery system. The canister is 6.0in. by 2.35 in. and holds an approximately 2.7 oz. of active agent payload. It has an approximate burn time of 20-40 seconds.
(b) DEFENSE TECHNOLOGY, FLAMELESS TRI -CHAMBER CS
CANISTER, #1032, cost approximately; $32, quantity: not to exceed

10. The Tri-Chamber Flameless CS canister design allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The canister is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This canister will deliver approximately .70 ounces of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless canister can be used in crowd control and tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri - Chamber Flameless canister is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless canister provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization while minimizing or negating the chance of fire to the structure.
(c) DEFENSE TECHNOLOGY, POCKET TACTICAL CANISTER, CS,
#1016, cost approximately: $23, quantity: not to exceed 100. The Pocket Tactical CS Canister is small and lightweight. The 0.9 oz. of active agent will burn approximately 20 -40 seconds. At 4.75 in. by 1.4 352
inches in size, it easily fits in most tactical pouches. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full -size tactical canister.
(d) DEFENSE TECHNOLOGY, MAXIMUM SMOKE CANISTER, #1073,
cost approximately: $35, quantity: not to exceed 25. The Maximum Smoke canister is specifically designed for outdoor use in a crowd control capacity with a high volume of continuous burn that expels its payload in approximately 1.5 minutes through four gas ports located on top of the canister. This can be used to conceal tactical movement or re-route a crowd.

2. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal canisters may include, but are not limited to:
(a) Self-destructive, dangerous, and/or combative individuals (b) Riot/crowd control and civil unrest incidents
(c) Circumstances where a tactical advantage can be obtained (d) Potentially vicious animals
(e) Training exercises or approved demonstrations
(f) Tactical situations involving the deployment of the Department's SWAT Team

3. Authorized Use: Only SWAT officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.

Situations where the chemical agents may be deployed include but are not limited to critical incidents, emergencies, and training.

4. Lifespan: Approximately 5 years from manufacturing date.

5. Fiscal Impact: No annual maintenance costs

6. Training: SWAT Team members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.

7. Legal and Procedural Rules: The Department will only deploy chemical agents for law enforcement purposes and in accordance with State and Federal law and department policy.

SPECIALTY MUNITIONS
(A) Breaching Shotguns and Munitions: Shotguns and specialty munitions utilized to access secured structures when no other means have proven successful.

1. Description, cost, quantity, and capabilities:
(a) REMINGTON 870 BREACHING SHOTGUN, cost approximately:
$500, quantity 2: not to exceed 2. The breaching shotgun is a standard patrol issue shotgun that is shortened to improve maneuverability in a tactical environment.
(b) DEFENSE TECHNOLOGY, TKO 12-GAUGE BREACHING ROUND,
353
cost approximately: $7, quantity: not to exceed 100. The 12 -Gauge TKO Breaching Round is a 12-Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant. It is a widely used method to breach door locks or hinges for entry during tactical operations. When properly deployed, the TKO can defeat door lock mechanisms, doorknobs, hinges, deadbolts, safety chains, and padlocks on both wooden and hollow core doors. Upon impact with the target, the zinc slug disintegrates into a fine powder eliminating fragmentation.

2. Purpose: Used to defeat locking mechanisms on doors or gates when mechanical breaching is ineffective or not feasible due to environmental factors.

3. Authorized Use: Breaching shotguns and munitions shall only be utilized by trained members of the Department's SWAT Team and only with the approval of the Incident Commander, SWAT Commander, or their designee during tactical incidents or training exercises.

4. Lifespan:
(a) Remington Breaching Shotguns approximately 25 years (b) TKO 12-Gauge Breaching Round approximately 5 years

5. Fiscal Impact: Annual maintenance of shotguns, approximately $100

6. Training: All SWAT Team members deploying breaching shotguns and munitions shall receive initial training before utilizing them in the field.

7. Legal and Procedural Rules: The Department will only utilize breaching shotguns and munitions for official law enforcement purposes in accordance with State and Federal law and department policy.
(B) Noise Flash Diversionary Devices (NFDD): A device used to distract or divert a person's attention.

1. Description, cost, quantity, and capabilities: DEFENSE TECHNOLOGY LOW-ROLL NON -RELOADABLE DISTRACTION DEVICE, #8902NR cost approximately: $42, quantity: not to exceed 100. A non-bursting, non - fragmenting single -bang device that produces a thunderous bang with intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.

2. Purpose: A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological, sensory deprivation to give officers a tactical advantage.

3. Authorized Use: Diversionary Devices shall only be used by trained members of the Department's SWAT Team during situations that include but are not limited to the following:
(a) By officers who have been trained in their proper use (b) In hostage and barricaded subject situations
354
(c) In high -risk warrant (search/arrest) services where there may be extreme hazards to officers
(d) During other high-risk situations where their use would enhance officer safety
(e) During training exercises

4. Lifespan: Until deployed

5. Fiscal Impact: No annual maintenance

6. Training: Prior to use, officers must attend diversionary device training conducted by Post certified instructors.

7. Legal and Procedural Rules: The Department will only utilize NFDDs for official law enforcement purposes and pursuant to State and Federal law and department policy.

FIREARMS AND AMMUNITION
(A) Rifles: Shoulder-fired firearms, with long spirally grooved barrels, intended to cause projectiles to spin, improving accuracy over a long distance.

1. Description, cost, quantity, and capabilities:
(a) COLT LAW ENFORCEMENT CARBINE 5.56mm (.223 Rem) PATROL RIFLE (6920) equipped with an EO -Tech Holographic sight, tactical light, and sling, cost approximately: $1,588, quantity: not to exceed 100.

Action: Gas Operated Semi-Auto, Caliber: 223 Remington/5.56 NATO, Barrel Length: 16.1", Capacity: 30+1, Trigger: Standard, Safety:

Reversible Safety Selector, Weight: 6.95 lbs, Stock: Black 4 -Position Collapsible, Metal Finish: Black, Muzzle: A2 Flash Hider, Rec eiver Material: 7075 -T6 Aluminum, Sights: A2 Front, Barrel Description:

Chrome-Lined, Twist: 1:7" Purpose: Duty \ Range, Finish: Black, Overall Length: 32” to 35” Features: Front Barrel Lug/ Ejection Port Cover, Effective Range: 400m
(b) COLT M4 CARBINE COMMANDO (R0933) / CQB (LE6946) 5.56mm (.223 Rem) SWAT RIFLE equipped with an EO-Tech holographic sight, tactical light, and sling, cost approximately: $1,300, quantity: not to exceed 30. Action: Gas Operated Full -Auto, Caliber: 223 Remington /5.56 NATO, Barrel Length: 10.3" or 11.5”, Capacity: 30+1, Trigger:

Standard, Safety: Reversible Safety Selector, Weight: 6.25 lbs, Stock:

Black 4 -Position Collapsible, Metal Finish: Black, Muzzle: A2 Flash Hider, Receiver Material: 7075 -T6 Aluminum, Sights: A2 Front, Barrel Description: Chrome-Lined, Twist: 1:7" Purpose: Duty \ Range, Finish:

Black, Overall Length: 26” to 29.5” Features: Front Barrel Lug/ Ejection Port Cover, Effective Range: 400m.
(c) SIG SAUER MPX SWAT 9mm SUBMACHINE GUN equipped with EO- Tech holographic sight, tactical light, and sling. Cost approximately:
$1,800, Quantity: not to exceed 20. Action: Short Stroke Piston, Full- Auto, Caliber: 9mm NATO (9x19mm), Barrel Length: 8”, Capacity:
355
30+1, Trigger: Standard, Safety: Ambidextrous Safety Selector, Weight: 5.6 lbs, Stock: Folding or 5 Position telescoping, Metal Finish:

Black, Muzzle: A1 Flash Hider, Receiver Material: 7075-T6 Aluminum, Sights: folding front and rear , Barrel Twist: 1:10 " Purpose: Duty \ Range, Finish: Black, Overall Length: 26” Effective Range: 200m. (d) COLT LE6943 5.56 (.223 Rem.) TRAFFIC / PATROL RIFLE equipped with EOTech holographic sight and sling, cost approximately: $1,700, quantity: not to exceed 20. The LE6943 displays fresh ingenuity with Mil-Spec hammer and trigger pivot pins, 11.5 -inch barrel, a Magpul MBUS backup sight and a folding front sight for enhanced optical solutions, and a straight gas tube and a removable lower rail, which provides modularity for under mounting accessories. The patented one- piece monolithic upper receiver incorporates a continuous Mil-Spec rail from the rear of the upper receiver to the front sight. This feature affords unmatched repeatability for mounting optical systems, not found with separate handguard rail systems. Designed with accuracy in mind, its true free-floating barrel provides the enhanced accuracy necessary for long-range acquisition capability.
(e) DANIEL DEFENSE DD5 V3 RIFLE 7.62x51mm (.308 WIN) equipped with a telescopic or holographic sight, tactical light, and sling, cost approximately: $2,123, quantity: not to exceed 4. Action: Gas Operated Semi-Automatic, Caliber 7.62 x 51 mm, Barrel length 1 2.5”, Overall Length: 33” – 37”, Weight: 8.3 lbs, Magazine Capacity: 20 rounds, Barrel Specifications: 1:10 Twist, hammer-forged and chrome lined.

2. Purpose: Used as precision weapons to address threats that exceed the capability of the Department's standard-issue handgun.

3. Authorized Use: Only members POST certified in the use of the rifle are authorized to deploy them in the field. Situations where rifles may be used include to prevent serious bodily injury or death to self or others and during training.

4. Lifespan:
(a) COLT LAW ENFORCEMENT CARBINE PATROL RIFLE
approximately: 15 years
(b) COLT M4 CARBINE COMMANDO / CQB SWAT RIFLE approximately:
10 years
(c) SIG SAUER MPX SWATSUBMACHINE GUN approximately: 10 years (d) COLT LE6943 TRAFFIC PATROL RIFLE approximately: 15 years (e) DANIEL DEFENSE DD5 V3 RIFLE approximately 10 years

5. Fiscal Impact: Annual maintenance for each rifle is approximately $50

6. Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.

7. Legal and Procedural Rules: The department will use rifles in accordance 356
with State and Federal law and department policy..

8. Description, cost, quantity, and capabilities:
(a) WINCHESTER .223/5.56 55 -grain RANGER SOFT -POINT RIFLE ROUND, cost approximately: $607 per case of 1000, quantity: not to exceed 30 cases. Winchester ammunition features a lead core 55-grain non-corrosive, soft-point bullet in a reloadable brass casing. (b) WINCHESTER .223/5.56 55 -grain NATO M193 RIFLE ROUND, cost approximately: $378 per case of 1000, quantity: not to exceed 30 cases.

Winchester ammunition features a lead core 55-grain full metal jacket, non-corrosive boxer primer, in a reloadable brass casing. (c) WINCHESTER.223/5.56 FRANGIBLE TRAINING AMMUNITION, cost approximately: $285 per case of 200, quantity: not to exceed 30 cases.

Winchester Frangible .223 Remington ammunition is loaded with a 55- grain Reduced Hazard Training (RHT) bullet. BallistiClean feat ures frangible Reduced Hazard Training bullets that break -up immediately on contact with metal targets, significantly reducing ricochet and backlash danger. BallistiClean loads feature a copper -plated primer and a "NT" (non-toxic) headstamp to clearly identify BallistiClean as a training round at a glance, eliminating confusion with duty rounds. With this Federal ammunition range operators have no hazardous waste disposal problems, and it meets or exceeds all OSHA and EPA standards.

9. Purpose: To be used in Department rifles to address lethal threats to the community and Department personnel with greater accuracy, enhancing community safety.

10. Authorized Use: Only members POST certified in the use of the rifle are authorized to utilize rifle ammunition.

11. Fiscal Impact: The Department spends approximately $25,000 annually for all Department firearm ammunition.

12. Lifespan: The ammunition listed above does not have an expiration date.

13. Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.

14. Legal and Procedural Rules: The department will use ammunition in accordance with State and Federal law and department policy.

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Policy
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Published with permission by Costa Mesa Police Department Assembly Bill (AB) 481 Equipment Use Policy
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Assembly Bill (AB) 481 Equipment Use Policy
706.1 PURPOSE AND SCOPE
This policy provides guidelines to comply with State law for the approval, acquisition, and reporting requirements of specific equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body
– The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Attachment 15
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Assembly Bill (AB) 481 Equipment Use Policy
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Published with permission by Costa Mesa Police Department Assembly Bill (AB) 481 Equipment Use Policy
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706.2 POLICY
It is the policy of the Costa Mesa Police Department that members of this department comply with the provisions of Government Code § 7071.
706.3 AB 481 EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the coordinator of all equipment mandated by State law to be approved under this policy. The responsibilities of the coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as AB 481 equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all AB 481 equipment at least annually. (d) Collaborating with any allied agency that may use AB 481 equipment within the jurisdiction of Costa Mesa Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual AB 481 equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond.
706.4 AB 481 EQUIPMENT CONSIDERATIONS
(a) The AB 481 equipment acquired and authorized by the Department is:

1. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. Reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(b) AB 481 equipment shall be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed unless exigent circumstances arise. 359
Costa Mesa Police Department
Law Enforcement Policy Manual
Assembly Bill (AB) 481 Equipment Use Policy
Copyright Lexipol, LLC 2026/04/15, All Rights Reserved.

Published with permission by Costa Mesa Police Department Assembly Bill (AB) 481 Equipment Use Policy
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706.5 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: AB 481 Inventory List 2024.pdf
706.6 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the AB 481 equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed AB 481 equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the AB 481 equipment at issue (Government Code § 7071). The AB 481 equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting AB 481 equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for AB 481 equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring AB 481 equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of AB 481 equipment within the jurisdiction of this department. (e) Using any new or existing AB 481 equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of AB 481 equipment.
(g) Acquiring AB 481 equipment through any means not provided above. 706.7 COORDINATION WITH OTHER JURISDICTIONS
AB 481 equipment "military equipment' used by any member of this department shall be in accordance with this policy and all applicable department policies. AB 481 equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective policies in rendering mutual aid. Situations may arise where Costa Mesa Police Department may deploy or use equipment owned by other law enforcement agencies.

The Costa Mesa Police Department hereby adopts the AB 481 equipment use policy as is approved, and may be amended from time to time, under Government Code section 7070, et seq., for jurisdictions that the Costa Mesa Police Department may engage with to provide mutual aid.

This section is in no way a limitation to the ability of the Costa Mesa Police Department to deploy or use the equipment identified in AB 481 of another jurisdiction. 360
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Assembly Bill (AB) 481 Equipment Use Policy
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Published with permission by Costa Mesa Police Department Assembly Bill (AB) 481 Equipment Use Policy
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706.8 ANNUAL REPORT
Upon approval of an AB 481 equipment use policy, the Chief of Police or the authorized designee should submit an AB 481 equipment report to the governing body for each type of AB 481 equipment acquired within one year of approval, and annually thereafter for as long as the AB 481 equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual AB 481 equipment report publicly available on the department website for as long as the AB 481 equipment is available for use. The report shall include all of the following information:
(a) A summary of how the equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the equipment. (c) The results of any internal audits, any information about violations of the AB 481 equipment use policy, and any actions taken in response. (d) The total annual cost for each type of equipment in the policy, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the AB 481 equipment in the calendar year following submission of the annual report. (e) The quantity possessed for each type of AB 481 equipment. (f) If the Department intends to acquire additional equipment mandated by the State for approval in the next year, the quantity sought for each type of equipment. 706.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of AB 481 equipment.
706.10 COMPLAINT PROCEDURE
This procedure is to ensure compliance with the military equipment use policy. All complaints, concerns, or questions regarding this policy will be handled pursuant to the Department's normal complaint process.
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Published with permission by Costa Mesa Police Department Attachments - 5
Attachments
362
Attachment
Law Enforcement Policy Manual
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Published with permission by Costa Mesa Police Department AB 481 Inventory List 2024.pdf - 6
AB 481 Inventory List 2024.pdf
AB 481 Inventory List 2024.pdf
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706.5 AB 481 EQUIPMENT INVENTORY

VEHICLES
(A) Mobile Command Vehicle (MCV): A vehicle used during critical incidents as a field- based command post, providing Incident Commanders with access to Department computer systems and dispatch center.
1 . Description, cost, quantity, and capabilities: 2021 Freightliner MT-55 chassis (custom built) vehicle, approximate cost: $1.2 Million, quantity: not to exceed 1. The MCV can also be utilized for SWAT/CNT and other critical incidents, significant, preplanned events, searching for missing persons, natural disasters, and community events. The MCV has redundant and supplemental communications capabilities increasing public safety interoperability during complex incidents or those requiring supplemental communications capabilities for coordination.
2 . Purpose: Used for critical incidents based on the circumstances of a specific event, large event, or natural disaster to effectively and efficiently serve the community.
3 . Authorized Use: Only officers trained in the use and deployment of the MCV shall drive the vehicle under the direction of the Chief of Police, Field Operations Captain, Support Services Captain, SWAT Commander, Watch Commander, or their designee. Situations where the MCV may be deployed include but are not limited to critical incidents, natural disasters, special events, training, and emergencies.
4 . Lifespan: The MCV has an estimated lifespan of approximately 20-years; however, upgrades are required annually to maintain communications and IT systems.
5 . Fiscal Impact: The MCV was authorized in 2021 and purchased in 2022.

Annual maintenance costs are estimated to be approximately: $6,000.

Annual communication licensing, subscriptions, and required upgrades are estimated to be approximately: $6,000
6 . Training: Drivers/Operators shall receive safe handling and maneuvering training on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle with an experienced driver throughout the city.
7 . Legal and Procedural Rules: It is the policy of the Department to use the MCV in accordance with State and Federal law and department policy. (B) Armored Rescue Vehicles (ARVs): Commercially-produced, ballistic protected, wheeled vehicles designed for law enforcement purposes.

Policy
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1 . Description, cost, quantity, and capabilities:
(a) Lenco BearCat, cost approximately: $318, 000, quantity: not to exceed

1. The Lenco BearCat is an armored rescue vehicle that provides its occupants with ballistic protection beyond ballistic shields or personal body armor. It offers greater safety to community members and officers during high-risk incidents. It is capable of seating a driver and approximately 7 passengers.
2 . Purpose: Used in response to critical incidents to enhance officers and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. Additionally, ARVs may be deployed as displays for community outreach events.
3 . Authorized Use: ARV use shall be authorized by the Chief of Police, Division Commander, Watch Commander or SWAT Commander based on the specific circumstances of a given critical incident. ARVs shall only be used by personnel trained in their deployment and in a manner consistent with Department policies/procedures. Situations where the ARVs may be deployed include but are not limited to critical incidents, natural disasters, special events, training, and emergencies.
4 . Lifespan: The ARV has an estimated lifespan of approximately 20 years. 5 . Fiscal Impact:
(a) Lenco BearCat: Annual maintenance cost approximately: $4,000 6 . Training: All drivers/operators shall attend formalized instruction in vehicle operations, practical driving instruction, and deployment procedures. 7 . Legal and Procedural Rules : It is the policy of the department to use the ARV in accordance with State and Federal law and department policy.

SPECIALIZED TACTICAL EQUIPMENT
(A) Tactical Robot: A remotely controlled, tracked, robot equipped with cameras and two-way audio communication capabilities.

1. Description, cost, quantity, and capabilities: IROBOT FASTPAC PACKBOT TACTICAL ROBOT, cost: on loan from US military, quantity: not to exceed 2. A remotely operated tactical robot providing officers with the ability to observe the interior of a structure without entering. This capability increases the safety of community members, officers, and suspects by providing the operator with the ability to observe and locate subjects without the risk of a face-to-face confrontation. Additionally, the remote, two- way, communication capability allows operators to de- escalate situations by negotiating the surrender of barricaded subjects.

2. Purpose: To be used during tactical incidents to safely search a structure without exposing officers and/or community members to the risk of a face-to- face confrontation.

3. Authorized Use: The tactical robot shall only be deployed by Department personnel trained in its use, and with the approval of the SWAT Commander, 365
Watch Commander, or their designee. Situations where the robots may be deployed include but are not limited to critical incidents, natural disasters, special events, training, and emergencies.

4. Lifespan: The robot's lifespan is approximately 10 years.

5. Fiscal Impact: The iRobot FASTPAC Packbot was loaned to the Department in 2021. The Department paid approximately $500 in shipping costs. Annual maintenance cost of approximately: $200.

6. Training: All operators shall receive initial training before deploying the robot in the field.

1. Description, cost, quantity, and capabilities:
(a) DJI Mini 2-6, approximate cost: $909 each, quantity: not to exceed 15.

4. The EVO II 640T features a high-resolution thermal camera, which enables the ability to capture incredible detail in dark environments, not previously possible on an aerial drone of this size. Thermal vision capabilities can be combined with the 8K/49MP visual camera for visual intelligence. 12 visual sensors provide omnidirectional obstacle avoidance.
(c) Autel EVO II Pro, approximate cost: $3,300 each, quantity: not to exceed 5. The EVO II Pro features a high resolution camera with the ability to capture incredible video and photo details. Twelve visual sensors provide omnidirectional obstacle avoidance.
(d) LOKI MK2, approximate cost: $6,500, quantity: not to exceed 3. LOKI is the world's first purpose-built tactical UAS. Designed and built in conjunction with several of the world's top counter-terror units, LOKI Mk2 solves virtually all of the problems associated with the tactical use of commercial UAS systems. LOKI is intended for close-quarter, indoor, and outdoor tactical scouting missions, and features a highly sensitive Night-Day + IR sensor camera giving it the ability to fly and see in complete darkness.
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(e) DJI Mavic 3T, approximate cost: $3,889 quantity: not to exceed 4. The DJI Mavic 3T features a high-resolution thermal camera, which enables the ability to capture incredible detail in dark environments, not previously possible on an aerial drone of this size. Thermal vision capabilities can be combined with the 4K/60MP visual camera for visual intelligence. 12 visual sensors provide omnidirectional obstacle avoidance and dual tele cameras.
(f) DJI Avata Pro, approximate cost: $1,428, quantity: not to exceed 2. DJI Avata Pro Immersive Flight Experience, Intuitive Motion Control, 4K/60fps 155° Super-Wide FOV Videos, Powerful Video Stabilization, Enhanced Safety with Built-in Propeller Guard, 1080p/100fps video transmission quality: the lowest latency of 30 ms, Dual 1080p Micro-OLED Screens. Great for interior flying for high-risk situations. (g) DJI Matrice 300 RTK, approximate cost $20,000, quantity: not to exceed 2. DJI Matrice 300 RTK, would be used for Drone as a Frist Responder (DFR). DJI Matrice has a flight time of 55 minutes, 6- directional sensing and positing, night-vison FPV camera, max horizontal speed 51 MPH, Forward/Backward/Downward FOV, operating frequency 2.4/5.8GHz, 12-mile radius. Great for day-to-day operation and able to fly in harsh environments.
(h) Skydio X10, approximate cost $30,000, quantity: not to exceed

2. Skydio X10, would be used for Drone as a Frist Responder (DFR). Skydio X10 has a flight time of 40 minutes, max horizontal speed 45 MPH, Forward/Backward/Downward FOV, 7.5 mile radius, integrated with FLOCK safety cameras and AXON, controlled by remote or browser, and onboard AI capability. Great for day to day operation and able to fly in harsh environments.
(i)

2. Purpose: To be deployed when its capabilities would assist officers or incident commanders with the following situations, which include but are not limited to:
(a) Major collision investigations.
(b) Search for missing persons.
(c) Natural disaster management.
(d) Crime scene photography.
(e) SWAT, tactical, or other public safety and life preservation missions. (f) In response to specific requests from local, State, or Federal fire authorities for fire response and/or prevention.

3. Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.

Situations where UASs may be deployed include but are not limited to critical incidents, natural disasters, special events, training, and emergencies.

4. Lifespan: All UAS equipment has an estimated lifespan of approximately 3-5 years.
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6. Training: All Department UAS operators will be licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend ongoing monthly training.

1. Description, cost, quantity, and capabilities: MUM-14XR-5 night vision monocular, cost: on loan from US military, quantity: not to exceed 40. The MUM-14XR-5 is a high performance modular, hand-held passive night vision monocular device that utilizes a single Generation III intensifier tube to provide crisp, clear images under the darkest conditions. The monocular "single tube / single eyepiece" approach to night vision missions is based upon the proven concept that independent use of each eye maximizes the ability of the user to operate under a wide range of low light conditions and maintain maximum situational awareness.

3. Authorized Use: NVGs shall only be used by trained members of the Department's SWAT Team during situations that include but are not limited to the following:
(a) By officers who have been trained in their proper use (b) In hostage and barricaded subject situations
(c) In high-risk warrant (search/arrest) services where there may be extreme hazards to officers
(d) During other high-risk situations where their use would enhance officer safety and the safety of community members
(e) During training exercises

4. Lifespan: Is approximately 10 years

5. Fiscal Impact: Loaned from US military. No annual maintenance costs.

6. Training: All Department members who have been issued NVG’s will train 368
with them on an annual basis.

7. Legal and Procedural Rules: The Department will only utilize NVGs for official law enforcement purposes and pursuant to State and Federal law and department policy.
(D) Long Range Acoustic Device (LRAD): The LRAD is a high-intensity directional acoustical array for long-range, crystal clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

1. Description, cost, quantity, and capabilities: LRAD 100x, approximate cost: $10,703.56, quantity: not to exceed 1. Self-contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LRAD 100X ensures voice messages are clearly heard and understood. LRAD's optimized driver, waveguide, and power efficiency technologies enable the LRAD 100X to provide several hours of clear, continuous communication from a single battery charge.

3. Authorized Use: LRADs shall only be used by personnel trained in its deployment and used in a manner consistent with State and Federal law and training.

4. Lifespan: LRADs have an estimated lifespan of approximately 25 years.

5. Fiscal Impact: Annual maintenance cost of approximately $300.

6. Training: All operators receive training before operating any LRADs in the field.

7. Legal and Procedural Rules: The Department shall only utilize the LRAD for official law enforcement purposes and pursuant to State and Federal law and department policy.

LESS-LETHAL DEVICES
(A) 40MM Launchers and Munitions: 40MM launchers are utilized by Department personnel as a less-lethal tool to deploy less-lethal impact munitions and chemical agents.

1. Description, cost, quantity, and capabilities:
(a) DEFENSE TECHNOLOGY Single Shot 40MM Launcher, #1300, approximate cost: $1,000, quantity: not to exceed 100. The 40MM Single Launcher is a tactical single-shot launcher that has an Integrated Front Grip (IFG), equipped with an EOTech holographic sight system It will 369
fire standard 40mm less-lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less-lethal round up to 131 feet. (b) DEFENSE TECHNOLOGY Tactical 4-Shot 40MM Launcher, #1440.

Cost approximately $1,800. Quantity: not to exceed 6. Designed for riot and tactical situations, the Defense Technology 1440 40mm Tactical 4- Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher. It features the Rogers Super Stoc expandable gun stock, an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder. It is equipped with a EOTech holographic sight system.
(c) B&T GL06 BT-31000-A Single Shot 40MM Launcher approximate cost:
$1,400 each, quantity: not to exceed 4. Designed from the ground up for lightweight, accurate, and rapid deployment, the B&T GL06 launcher and SIR (Safe Impact Round) ammunition family is the state of the art in a point-of-aim/point-of-impact “less lethal” system created specifically for public order, law enforcement and peacekeeping operations. Rifled Barrel for Precision Accuracy, Folding Stock, Familiar Ergonomic Controls, Multiple Picatinny Accessory Rails. Color: Black, material:

Polymer / Aluminum. Caliber: 40mm, Barrel Length: 11", Twist Rate:
1:47, Length: 15.2-23.5 ", Weight 4.6 Lbs, Action: Single Shot. (d) DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325, cost approximately: $20, quantity: not to exceed 500. A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi- round purpose-built 40mm launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft/ lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than ten (10) feet and as far as 131 feet from the target.
(e) DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT CS CRUSHABLE FOAM ROUND, #6320, cost approximately: $18, quantity: not to exceed 60. A less lethal 40MM lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40mm launcher with a rifled barrel at 295 FPS. The 39-gram crushable foam projectile delivers 120 ft./lbs. of energy upon impact in addition to the dispersion of 5 grams of CS irritant. The 40mm Direct Impact CS Round provides accurate and effective performance when fired from the approved distance of not less than ten (10) feet and as far as 120 feet from the target. Only trained members of the Department's SWAT Team are authorized to deploy the 40mm Direct Impact CS round. (f) DEFENSE TECHNOLOGY, DIRECT IMPACT MARKING
CRUSHABLE FOAM ROUND, # 6326,cost approximately: $21,
quantity: not to exceed 50. A less lethal 40MM lightweight plastic and foam projectile with a green marking agent, fired from a single or multi- round purpose built 40MM launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers up to 120 ft./lbs. of energy upon impact. The 40MM Direct Impact Marking Crushable Foam Round 370
provides accurate and effective performance when fired from the approved distance of not less than then (10) feet and as far as 131 feet from the target. Only trained members of the Department's SWAT Team are authorized to deploy the 40mm Marking Round.
(g) DEFENSE TECHNOLOGY, EXACT IMPACT LE 40MM EXTENDED
RANGE SPONGE ROUND, #6325LE , cost approximately: $25, quantity: not to exceed 50. A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose-built 40mm launcher with a rifled barrel at 400 FPS. The 40mm Exact Impact Extended Range Sponge Round provides accurate and effective performance when fired from the approved distance of not less than 33 feet, and as far as 230 feet from the target. Only trained members of the Department's SWAT Team are authorized to deploy the 40mm Extended Range Sponge Round.
(h) DEFENSE TECHNOLOGY, 40MM FERRET POWDER BARRICADE
ROUND, CS, #1292, cost approximately: $25, quantity: not to exceed

50. The Ferret 40 mm Barricade Penetrating Round is filled with a CS powder chemical agent. It is a frangible projectile that is spin-stabilized, utilizing fins and barrel rifling. It is non-burning and used by tactical teams to penetrate barriers and deliver a chemical agent. Only trained members of the Department's SWAT Team are authorized to deploy the 40mm Ferret Powder Barricade Round.
(i) DEFENSE TECHNOLOGY, 40MM FERRET LIQUID BARRICADE
ROUND, CS, #1262, cost approximately: $25, quantity: not to exceed

20. The Ferret 40 mm Barricade Penetrating Round is filled with a CS liquid chemical agent. It is a frangible projectile that is spin-stabilized, utilizing fins and barrel rifling. It is non-burning and used by tactical teams to penetrate barriers and deliver a chemical agent. Only trained members of the Department's SWAT Team are authorized to deploy the 40mm Ferret Liquid Barricade Round.
(j) DEFENSE TECHNOLOGY Single Shot 40MM Launcher, #1425, cost approximately: $1,000, quantity: not to exceed 100. The 40MM Single Launcher is a tactical single-shot launcher that features an expandable Rogers Super Stoc and adjustable Integrated Front Grip (IFG), equipped with an EOTech holographic sight system. It will fire standard 40mm less-lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less-lethal round up to 131 feet.

8. Purpose: To limit the escalation of conflict where the employment of lethal force is prohibited or undesirable.

9. Authorized Use: Situations where the deployment of less-lethal impact or chemical munitions are authorized include but are not limited to:
(a) Self-destructive, dangerous, and/or combative individuals (b) Riot/crowd control and civil unrest incidents where the criminal behavior involved exceeds a failure to disburse or curfew violation. (c) Circumstances where a tactical advantage can be obtained 371
(d) Vicious animals
(e) Training exercises or approved demonstrations
(f) Tactical situations involving the deployment of the Department's SWAT Team including, but not limited to barricaded subjects.

10. Lifespan:
(a) DEFENSE TECHNOLOGY Single Shot Launcher is approximately 20 years
(b) DEFENSE TECHNOLOGY Tactical 4-Shot Launcher is approximately 20 years
(c) All munitions listed above are approximately 5 years

11. Fiscal Impact: Annual maintenance for the 40MM launchers is approximately $50 each.

12. Training: Personnel deploying less-lethal or chemical agents will be trained in their use and deployment before using them in the field. All training will be conducted by a POST-certified less-lethal or chemical agent instructor.

13. Legal and Procedural Rules: It is the department’s policy to use all less- lethal devices and associated munitions in accordance with State and Federal law and department policy.
(E) PepperBall Launcher and Munitions: A less-lethal device that discharges projectiles designed to breach glass or projectiles containing chemical agents

Designed for use with high-pressure air.
(b) PepperBall INERT Powder Projectiles, cost approximately: $300 for a case of 375, quantity: not to exceed 6 cases. Inert projectiles used for training purposes.
(c) PepperBall LIVE-X PAVA / Oleoresin Capsicum (OC), cost approximately: $1,100 for a case of 375, quantity: not to exceed 4 cases. Contains a powerful concentration of PAVA pepper powder. One round of LIVE-X ™ contains the equivalent to 10 regular PepperBall rounds.

2. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of PepperBall may include, but are not limited to:
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(a) Tactical situations involving the deployment of the Department's SWAT Team
(b) Training exercises or approved demonstrations
(c) Potentially vicious animals
(d) Circumstances where a tactical advantage can be obtained (e) Riot/crowd control and civil unrest incidents
(f) Self-destructive, dangerous, and/or combative individuals

3. Authorized Use: Only officers who have received certification in the use of PepperBall are authorized to use PepperBall. Situations where the Pepperball may be deployed include but are not limited to critical incidents, emergencies, and training.

4. Lifespan:
(a) PepperBall FTC Launcher approximately 20 years
(b) All PepperBall projectiles have a lifespan of approximately 3 years.

5. Fiscal Impact: Annual maintenance for the PepperBall launchers is approximately $50.

6. Training: Only officers who have been properly trained will be permitted to deploy and use Pepperball.

1. Description, cost, quantity, and capabilities:
(a) DEFENSE TECHNOLOGY, RIOT CONTROL CS gas, #1082, cost approximately: $41, quantity: not to exceed 100. The Riot Control CS is a continuous discharge canister. This canister can be hand thrown or launched from a fired delivery system. The canister is 6.0in. by 2.35 in. and holds an approximately 2.7 oz. of active agent payload. It has an approximate burn time of 20-40 seconds.
(b) DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS
CANISTER, #1032, cost approximately; $32, quantity: not to exceed

10. The Tri-Chamber Flameless CS canister design allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The canister is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This canister will deliver approximately .70 ounces of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless canister can be used in crowd control and tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri- Chamber Flameless 373
canister is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless canister provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization while minimizing or negating the chance of fire to the structure.
(c) DEFENSE TECHNOLOGY, POCKET TACTICAL CANISTER, CS,
#1016, cost approximately: $23, quantity: not to exceed 100. The Pocket Tactical CS Canister is small and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical canister.
(d) DEFENSE TECHNOLOGY, MAXIMUM SMOKE CANISTER, #1073,
cost approximately: $35, quantity: not to exceed 25. The Maximum Smoke canister is specifically designed for outdoor use in a crowd control capacity with a high volume of continuous burn that expels its payload in approximately 1.5 minutes through four gas ports located on top of the canister. This can be used to conceal tactical movement or re-route a crowd.

3. Authorized Use: Only SWAT officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.

Situations where the chemical agents may be deployed include but are not limited to critical incidents, emergencies, and training.

4. Lifespan: Approximately 5 years from manufacturing date.

5. Fiscal Impact: No annual maintenance costs

6. Training: SWAT Team members utilizing chemical agent canisters are certified by POST less lethal and chemical agents instructors.

7. Legal and Procedural Rules: The Department will only deploy chemical agents for law enforcement purposes and in accordance with State and Federal law and department policy.
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SPECIALTY MUNITIONS
(A) Breaching Shotguns and Munitions: Shotguns and specialty munitions utilized to access secured structures when no other means have proven successful.

1. Description, cost, quantity, and capabilities:
(a) REMINGTON 870 BREACHING SHOTGUN, cost approximately:
$500, quantity 2: not to exceed 2. The breaching shotgun is a standard patrol issue shotgun that is shortened to improve maneuverability in a tactical environment.
(b) DEFENSE TECHNOLOGY, TKO 12-GAUGE BREACHING ROUND,
cost approximately: $7, quantity: not to exceed 100. The 12-Gauge TKO Breaching Round is a 12-Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant. It is a widely used method to breach door locks or hinges for entry during tactical operations. When properly deployed, the TKO can defeat door lock mechanisms, doorknobs, hinges, deadbolts, safety chains, and padlocks on both wooden and hollow core doors. Upon impact with the target, the zinc slug disintegrates into a fine powder eliminating fragmentation.

2. Purpose: Used to defeat locking mechanisms on doors or gates when mechanical breaching is ineffective or not feasible due to environmental factors.

4. Lifespan:
(a) Remington Breaching Shotguns approximately 25 years (b) TKO 12-Gauge Breaching Round approximately 5 years

5. Fiscal Impact: Annual maintenance of shotguns, approximately $100

6. Training: All SWAT Team members deploying breaching shotguns and munitions shall receive initial training before utilizing them in the field.

1. Description, cost, quantity, and capabilities: DEFENSE TECHNOLOGY LOW-ROLL NON-RELOADABLE DISTRACTION DEVICE, #8902NR cost approximately: $42, quantity: not to exceed 100. A non-bursting, non- fragmenting single-bang device that produces a thunderous bang with intense bright light. Ideal for distracting dangerous suspects during assaults, 375
hostage rescue, room entry, or other high-risk arrest situations.

3. Authorized Use: Diversionary Devices shall only be used by trained members of the Department's SWAT Team during situations that include but are not limited to the following:
(a) By officers who have been trained in their proper use (b) In hostage and barricaded subject situations
(c) In high-risk warrant (search/arrest) services where there may be extreme hazards to officers
(d) During other high-risk situations where their use would enhance officer safety
(e) During training exercises

4. Lifespan: Until deployed

5. Fiscal Impact: No annual maintenance

6. Training: Prior to use, officers must attend diversionary device training conducted by Post certified instructors.

7. Legal and Procedural Rules: The Department will only utilize NFDDs for official law enforcement purposes and pursuant to State and Federal law and department policy.

FIREARMS AND AMMUNITION
(A) Rifles: Shoulder-fired firearms, with long spirally grooved barrels, intended to cause projectiles to spin, improving accuracy over a long distance.

1. Description, cost, quantity, and capabilities:
(a) COLT LAW ENFORCEMENT CARBINE 5.56mm (.223 Rem) PATROL RIFLE (6920) equipped with an EO-Tech Holographic sight, tactical light, and sling, cost approximately: $1,588, quantity: not to exceed 100.

Action: Gas Operated Semi-Auto, Caliber: 223 Remington/5.56 NATO, Barrel Length: 16.1", Capacity: 30+1, Trigger: Standard, Safety:

Reversible Safety Selector, Weight: 6.95 lbs, Stock: Black 4-Position Collapsible, Metal Finish: Black, Muzzle: A2 Flash Hider, Receiver Material: 7075-T6 Aluminum, Sights: A2 Front, Barrel Description:

Chrome-Lined, Twist: 1:7" Purpose: Duty \ Range, Finish: Black, Overall Length: 32” to 35” Features: Front Barrel Lug/ Ejection Port Cover, Effective Range: 400m
(b) COLT M4 CARBINE COMMANDO (R0933) / CQB (LE6946) 5.56mm (.223 Rem) SWAT RIFLE equipped with an EO-Tech holographic sight, 376
tactical light, and sling, cost approximately: $1,300, quantity: not to exceed 30. Action: Gas Operated Full-Auto, Caliber: 223 Remington /5.56 NATO, Barrel Length: 10.3" or 11.5”, Capacity: 30+1, Trigger:

Standard, Safety: Reversible Safety Selector, Weight: 6.25 lbs, Stock:

Black 4-Position Collapsible, Metal Finish: Black, Muzzle: A2 Flash Hider, Receiver Material: 7075-T6 Aluminum, Sights: A2 Front, Barrel Description: Chrome-Lined, Twist: 1:7" Purpose: Duty \ Range, Finish:

Black, Overall Length: 26” to 29.5” Features: Front Barrel Lug/ Ejection Port Cover, Effective Range: 400m.
(c) SIG SAUER MPX SWAT 9mm SUBMACHINE GUN equipped with EO- Tech holographic sight, tactical light, and sling. Cost approximately:
$1,800, Quantity: not to exceed 20. Action: Short Stroke Piston, Full- Auto, Caliber: 9mm NATO (9x19mm), Barrel Length: 8”, Capacity:
30+1, Trigger: Standard, Safety: Ambidextrous Safety Selector, Weight: 5.6 lbs, Stock: Folding or 5 Position telescoping, Metal Finish:

Black, Muzzle: A1 Flash Hider, Receiver Material: 7075-T6 Aluminum, Sights: folding front and rear, Barrel Twist: 1:10" Purpose: Duty \ Range, Finish: Black, Overall Length: 26” Effective Range: 200m. (d) COLT LE6943 5.56 (.223 Rem.) TRAFFIC / PATROL RIFLE equipped with EOTech holographic sight and sling, cost approximately: $1,700, quantity: not to exceed 20. The LE6943 displays fresh ingenuity with Mil-Spec hammer and trigger pivot pins, 11.5-inch barrel, a Magpul MBUS backup sight and a folding front sight for enhanced optical solutions, and a straight gas tube and a removable lower rail, which provides modularity for under mounting accessories. The patented one- piece monolithic upper receiver incorporates a continuous Mil-Spec rail from the rear of the upper receiver to the front sight. This feature affords unmatched repeatability for mounting optical systems, not found with separate handguard rail systems. Designed with accuracy in mind, its true free-floating barrel provides the enhanced accuracy necessary for long-range acquisition capability.
(e) DANIEL DEFENSE DD5 V3 RIFLE 7.62x51mm (.308 WIN) equipped with a telescopic or holographic sight, tactical light, and sling, cost approximately: $2,123, quantity: not to exceed 4. Action: Gas Operated Semi-Automatic, Caliber 7.62 x 51 mm, Barrel length 16”, Overall Length: 33” – 37”, Weight: 8.3 lbs, Magazine Capacity: 20 rounds, Barrel Specifications: 1:10 Twist, hammer forged and chrome lined.

2. Purpose: Used as precision weapons to address threats that exceed the capability of the Department's standard-issue handgun.

4. Lifespan:
(a) COLT LAW ENFORCEMENT CARBINE PATROL RIFLE
approximately: 15 years
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(b) COLT M4 CARBINE COMMANDO / CQB SWAT RIFLE approximately:
10 years
(c) SIG SAUER MPX SWATSUBMACHINE GUN approximately: 10 years (d) COLT LE6943 TRAFFIC PATROL RIFLE approximately: 15 years (e) DANIEL DEFENSE DD5 V3 RIFLE approximately 10 years

5. Fiscal Impact: Annual maintenance for each rifle is approximately $50

7. Legal and Procedural Rules: The department will use rifles in accordance with State and Federal law and department policy. .

8. Description, cost, quantity, and capabilities:
(a) WINCHESTER .223/5.56 55-grain RANGER SOFT-POINT RIFLE ROUND, cost approximately: $607 per case of 1000, quantity: not to exceed 30 cases. Winchester ammunition features a lead core 55-grain non-corrosive, soft-point bullet in a reloadable brass casing. (b) WINCHESTER .223/5.56 55-grain NATO M193 RIFLE ROUND, cost approximately: $378 per case of 1000, quantity: not to exceed 30 cases.

Winchester Frangible .223 Remington ammunition is loaded with a 55- grain Reduced Hazard Training (RHT) bullet. BallistiClean features frangible Reduced Hazard Training bullets that break-up immediately on contact with metal targets, significantly reducing ricochet and backlash danger. BallistiClean loads feature a copper-plated primer and a "NT" (non-toxic) headstamp to clearly identify BallistiClean as a training round at a glance, eliminating confusion with duty rounds. With this Federal ammunition range operators have no hazardous waste disposal problems and it meets or exceeds all OSHA and EPA standards.

9. Purpose: To be used in Department rifles to address lethal threats to the community and Department personnel with greater accuracy, enhancing community safety.

10. Authorized Use: Only members POST certified in the use of the rifle are authorized to utilize rifle ammunition.

11. Fiscal Impact: The Department spends approximately $25,000 annually for all Department firearm ammunition.

12. Lifespan: The ammunition listed above does not have an expiration date.

13. Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle 378
are required to pass a range qualification two times a year.

14. Legal and Procedural Rules: The department will use ammunition in accordance with State and Federal law and department policy. 379
RESOLUTION NO. 2026-XX

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

CALIFORNIA, REVISING THE EXECUTIVE COMPENSATION PLAN AND

EXECUTIVE SALARY SCHEDULE AND RENAMING THE ECONOMIC AND DEVELOPMENT SERVICES DIRECTOR CLASSIFICATION.

THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:

WHEREAS, on January 20, 2026, the City Council adopted Resolution No. 2026- 06 revising the pay ranges and benefits for job classifications in the Executive Salary Schedule; and

WHEREAS, the City Council desires to repeal and replace Resolution No. 2026 - 06 to revise the pay ranges and benefits for the classifications specified therein; and

WHEREAS, the City Council desires to rename the existing “Economic and Development Services Director as the “Community Development Director”

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows:

SECTION 1. The Costa Mesa City Council previously established the Executive Compensation Plan to: 1) promote maximum commitment by City executives to objectives and standards of the City Council and City Manager; 2) establish a system in which compensation serves as an effective device for promoting better job performance; 3) foster the identification of an executive employee group and recognize the distinct character of executive jobs; and, 4) improve the City’s ability to attract and retain outstanding executives.

SECTION 2. The following job classifications, placed under the Executive Salary Schedule, are hereby revised to reflect the salary ranges and monthly rates of pay specified, effective the pay period including J uly 1, 2024. The rate of pay for individual executives may be anywhere within the monthly minimum and maximum salary steps.

APPOINTED AT-WILL EXECUTIVES
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0075 Assistant City Manager 810 $17,284 $18,148 $19,055 $20,008 $21,008 $22,058 $23,161 Monthly $207,408 $217,776 $228,660 $240,096 $252,096 $264,696 $277,932 Annual $99.72 $104.70 $109.93 $115.43 $121.20 $127.26 $133.62 Hourly

0027 Deputy City Manager 853 $13,819 $14,510 $15,235 $15,997 $16,797 $17,637 $18,519 Monthly $165,828 $174,120 $182,820 $191,964 $201,564 $211,644 $222,228 Annual $79.73 $83.71 $87.89 $92.29 $96.91 $101.75 $106.84 Hourly

Attachment 16
380

APPOINTED AT-WILL SWORN DEPARTMENT DIRECTORS
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0223 Fire Chief 793 $16,915 $17,761 $18,649 $19,581 $20,560 $21,588 $22,667 Monthly $202,980 $213,132 $223,788 $234,972 $246,720 $259,056 $272,004 Annual $97.59 $102.47 $107.59 $112.97 $118.62 $124.55 $130.77 Hourly

0207 Police Chief 792 $16,915 $17,761 $18,649 $19,581 $20,560 $21,588 $22,667 Monthly $202,980 $213,132 $223,788 $234,972 $246,720 $259,056 $272,004 Annual $97.59 $102.47 $107.59 $112.97 $118.62 $124.55 $130.77 Hourly

APPOINTED AT-WILL DEPARTMENT DIRECTORS
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0080 Economic and Development 850 $14,998 $15,748 $16,535 $17,362 $18,230 $19,142 $20,099 Monthly Development Services Director $179,976 $188,976 $198,420 $208,344 $218,760 $229,704 $241,188 Annual $86.53 $90.85 $95.39 $100.17 $105.17 $110.43 $115.96 Hourly

0069 Finance Director 772 $15,022 $15,773 $16,562 $17,390 $18,260 $19,173 $20,132 Monthly $180,264 $189,276 $198,744 $208,680 $219,120 $230,076 $241,584 Annual $86.67 $91.00 $95.55 $100.33 $105.35 $110.61 $116.15 Hourly

0049 Information Technology 851 $14,224 $14,935 $15,682 $16,466 $17,289 $18,153 $19,061 Monthly Director $170,688 $179,220 $188,184 $197,592 $207,468 $217,836 $228,732 Annual $82.06 $86.16 $90.47 $95.00 $99.74 $104.73 $109.97 Hourly

0306 Parks and Community 735 $13,549 $14,226 $14,937 $15,684 $16,468 $17,291 $18,156 Monthly Services Director $162,588 $170,712 $179,244 $188,208 $197,616 $207,492 $217,872 Annual $78.17 $82.07 $86.18 $90.48 $95.01 $99.76 $104.75 Hourly

0117 Public Works Director 791 $14,998 $15,748 $16,535 $17,362 $18,230 $19,142 $20,099 Monthly $179,976 $188,976 $198,420 $208,344 $218,760 $229,704 $241,188 Annual $86.53 $90.85 $95.39 $100.17 $105.17 $110.43 $115.96 Hourly

SWORN DIVISION MANAGERS IN THE CLASSIFIED SERVICE
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0222 Assistant Fire Chief 859 $14,595 $15,325 $16,091 $16,896 $17,741 $18,628 $19,559 Monthly (Operations) $175,140 $183,900 $193,092 $202,752 $212,892 $223,536 $234,708 Annual $84.20 $88.41 $92.83 $97.48 $102.35 $107.47 $112.84 Hourly

0209 Deputy Police Chief 857 $14,595 $15,325 $16,091 $16,896 $17,741 $18,628 $19,559 Monthly $175,140 $183,900 $193,092 $202,752 $212,892 $223,536 $234,708 Annual $84.20 $88.41 $92.83 $97.48 $102.35 $107.47 $112.84 Hourly

381

NON SWORN DIVISION MANAGERS IN THE CLASSIFIED SERVICE
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0224 Assistant Fire Chief 860 $12,191 $12,801 $13,441 $14,113 $14,819 $15,560 $16,338 Monthly (Fire Marshal / $146,292 $153,612 $161,292 $169,356 $177,828 $186,720 $196,056 Annual Community Risk Reduction) $70.33 $73.85 $77.54 $81.42 $85.49 $89.77 $94.26 Hourly

SECTION 3. The following job classifications, placed under the Executive Salary Schedule, are hereby revised to reflect the salary ranges and monthly rates of pay specified, effective the pay period including July 1, 2025. The rate of pay for individual executives may be anywhere within the monthly minimum and maximum salary steps.

APPOINTED AT-WILL EXECUTIVES
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0075 Assistant City Manager 810 $17,932 $18,829 $19,770 $20,758 $21,796 $22,886 $24,030 Monthly $215,184 $225,948 $237,240 $249,096 $261,552 $274,632 $288,360 Annual $103.45 $108.63 $114.06 $119.76 $125.75 $132.03 $138.63 Hourly

0027 Deputy City Manager 853 $14,337 $15,054 $15,807 $16,597 $17,427 $18,298 $19,213 Monthly $172,044 $180,648 $189,684 $199,164 $209,124 $219,576 $230,556 Annual $82.71 $86.85 $91.19 $95.75 $100.54 $105.57 $110.84 Hourly

APPOINTED AT-WILL SWORN DEPARTMENT DIRECTORS
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0223 Fire Chief 793 $17,899 $18,794 $19,734 $20,721 $21,757 $22,845 $23,987 Monthly $214,788 $225,528 $236,808 $248,652 $261,084 $274,140 $287,844 Annual $103.26 $108.43 $113.85 $119.54 $125.52 $131.80 $138.39 Hourly

0207 Police Chief 792 $17,899 $18,794 $19,734 $20,721 $21,757 $22,845 $23,987 Monthly $214,788 $225,528 $236,808 $248,652 $261,084 $274,140 $287,844 Annual $103.26 $108.43 $113.85 $119.54 $125.52 $131.80 $138.39 Hourly

APPOINTED AT-WILL DEPARTMENT DIRECTORS
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0080 Economic and Development 850 $15,560 $16,338 $17,155 $18,013 $18,914 $19,860 $20,853 Monthly Development Services Director $186,720 $196,056 $205,860 $216,156 $226,968 $238,320 $250,236 Annual $89.77 $94.26 $98.97 $103.92 $109.12 $114.58 $120.31 Hourly

0069 Finance Director 772 $15,587 $16,366 $17,184 $18,043 $18,945 $19,892 $20,887 Monthly $187,044 $196,392 $206,208 $216,516 $227,340 $238,704 $250,644 Annual $89.93 $94.42 $99.14 $104.09 $109.30 $114.76 $120.50 Hourly

382
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0049 Information Technology 851 $14,757 $15,495 $16,270 $17,083 $17,937 $18,834 $19,776 Monthly Director $177,084 $185,940 $195,240 $204,996 $215,244 $226,008 $237,312 Annual $85.14 $89.39 $93.87 $98.56 $103.48 $108.66 $114.09 Hourly

0306 Parks and Community 735 $14,056 $14,759 $15,497 $16,272 $17,086 $17,940 $18,837 Monthly Services Director $168,672 $177,108 $185,964 $195,264 $205,032 $215,280 $226,044 Annual $81.09 $85.15 $89.41 $93.88 $98.57 $103.50 $108.68 Hourly

0117 Public Works Director 791 $15,560 $16,338 $17,155 $18,013 $18,914 $19,860 $20,853 Monthly $186,720 $196,056 $205,860 $216,156 $226,968 $238,320 $250,236 Annual $89.77 $94.26 $98.97 $103.92 $109.12 $114.58 $120.31 Hourly

SWORN DIVISION MANAGERS IN THE CLASSIFIED SERVICE
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0222 Assistant Fire Chief 859 $16,050 $16,853 $17,696 $18,581 $19,510 $20,486 $21,510 Monthly (Operations) $192,600 $202,236 $212,352 $222,972 $234,120 $245,832 $258,120 Annual $92.60 $97.23 $102.09 $107.20 $112.56 $118.19 $124.10 Hourly

0209 Deputy Police Chief 857 $16,050 $16,853 $17,696 $18,581 $19,510 $20,486 $21,510 Monthly $192,600 $202,236 $212,352 $222,972 $234,120 $245,832 $258,120 Annual $92.60 $97.23 $102.09 $107.20 $112.56 $118.19 $124.10 Hourly

NON SWORN DIVISION MANAGERS IN THE CLASSIFIED SERVICE
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0224 Assistant Fire Chief 860 $12,650 $13,282 $13,946 $14,643 $15,375 $16,144 $16,951 Monthly (Fire Marshal / $151,800 $159,384 $167,352 $175,716 $184,500 $193,728 $203,412 Annual Community Risk Reduction) $72.98 $76.63 $80.46 $84.48 $88.70 $93.14 $97.79 Hourly

SECTION 4. Effective the pay period including July 1, 2026, the existing Economic and Development Services Director classification is hereby renamed as the “Community Development Director classification”.

SECTION 5. The following job classifications, placed under the Executive Salary Schedule, are hereby revised to reflect the salary ranges and monthly rates of pay specified, effective the pay period including July 1, 2026 . The rate of pay for individual executives may be anywhere within the monthly minimum and maximum salary steps.

383

APPOINTED AT-WILL EXECUTIVES
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0075 Assistant City Manager 810 $18,560 $19,488 $20,462 $21,485 $22,559 $23,687 $24,871 Monthly $222,720 $233,856 $245,544 $257,820 $270,708 $284,244 $298,452 Annual $107.08 $112.43 $118.05 $123.95 $130.15 $136.66 $143.49 Hourly

0027 Deputy City Manager 853 $14,838 $15,580 $16,359 $17,177 $18,036 $18,938 $19,885 Monthly $178,056 $186,960 $196,308 $206,124 $216,432 $227,256 $238,620 Annual $85.60 $89.88 $94.38 $99.10 $104.05 $109.26 $114.72 Hourly

APPOINTED AT-WILL SWORN DEPARTMENT DIRECTORS
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0223 Fire Chief 793 $18,527 $19,453 $20,426 $21,447 $22,519 $23,645 $24,827 Monthly $222,324 $233,436 $245,112 $257,364 $270,228 $283,740 $297,924 Annual $106.89 $112.23 $117.84 $123.73 $129.92 $136.41 $143.23 Hourly

0207 Police Chief 792 $18,527 $19,453 $20,426 $21,447 $22,519 $23,645 $24,827 Monthly $222,324 $233,436 $245,112 $257,364 $270,228 $283,740 $297,924 Annual $106.89 $112.23 $117.84 $123.73 $129.92 $136.41 $143.23 Hourly

APPOINTED AT-WILL DEPARTMENT DIRECTORS
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0080 Community Development 850 $16,105 $16,910 $17,756 $18,644 $19,576 $20,555 $21,583 Monthly Director $193,260 $202,920 $213,072 $223,728 $234,912 $246,660 $258,996 Annual $92.91 $97.56 $102.44 $107.56 $112.94 $118.59 $124.52 Hourly

0069 Finance Director 772 $16,132 $16,939 $17,786 $18,675 $19,609 $20,589 $21,618 Monthly $193,584 $203,268 $213,432 $224,100 $235,308 $247,068 $259,416 Annual $93.07 $97.73 $102.61 $107.74 $113.13 $118.78 $124.72 Hourly

0049 Information Technology 851 $15,273 $16,037 $16,839 $17,681 $18,565 $19,493 $20,468 Monthly Director $183,276 $192,444 $202,068 $212,172 $222,780 $233,916 $245,616 Annual $88.11 $92.52 $97.15 $102.01 $107.11 $112.46 $118.08 Hourly

0306 Parks and Community 735 $14,549 $15,276 $16,040 $16,842 $17,684 $18,568 $19,496 Monthly Services Director $174,588 $183,312 $192,480 $202,104 $212,208 $222,816 $233,952 Annual $83.94 $88.13 $92.54 $97.17 $102.02 $107.12 $112.48 Hourly

0117 Public Works Director 791 $16,105 $16,910 $17,756 $18,644 $19,576 $20,555 $21,583 Monthly $193,260 $202,920 $213,072 $223,728 $234,912 $246,660 $258,996 Annual $92.91 $97.56 $102.44 $107.56 $112.94 $118.59 $124.52 Hourly

384

SWORN DIVISION MANAGERS IN THE CLASSIFIED SERVICE
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0222 Assistant Fire Chief 859 $16,612 $17,443 $18,315 $19,231 $20,193 $21,203 $22,263 Monthly (Operations) $199,344 $209,316 $219,780 $230,772 $242,316 $254,436 $267,156 Annual $95.84 $100.63 $105.66 $110.95 $116.50 $122.33 $128.44 Hourly

Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0209 Deputy Police Chief 857 $16,612 $17,443 $18,315 $19,231 $20,193 $21,203 $22,263 Monthly $199,344 $209,316 $219,780 $230,772 $242,316 $254,436 $267,156 Annual $95.84 $100.63 $105.66 $110.95 $116.50 $122.33 $128.44 Hourly

NON SWORN DIVISION MANAGERS IN THE CLASSIFIED SERVICE
Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0224 Assistant Fire Chief 860 $13,091 $13,746 $14,433 $15,155 $15,913 $16,709 $17,544 Monthly (Fire Marshal / $157,092 $164,952 $173,196 $181,860 $190,956 $200,508 $210,528 Annual Community Risk Reduction) $75.53 $79.30 $83.27 $87.43 $91.81 $96.40 $101.22 Hourly

SECTION 6. Except as expressly provided in the City Manager’s Employment Agreement, the City Manager shall receive the same benefits as the other Executives.

SECTION 7. Effective the payroll period that includes January 1 , 2025, the City Manager is eligible to move to Step 4 in the salary range which equates to a three and three quarter percent (3.75 %) base salary increase. Effective the payroll period that includes December 2, 2025, the City Manager’s salary range will be reset as follows.

Code Class Title Salary Grade Step
Plan 3
Eff 1/1/24
4 Eff 1/1/25
1 Eff 12/2/25
0076 City Manager EXE 850 $26,523 $27,518.00 $26,666.67 Monthly $318,276 $330,216 $320,000 Annual
$153.02 $158.76 $153.85 Hourly

SECTION 8. The City of Costa Mesa has contracted with the California Public Employees Retirement System (CalPERS) to provide retirement benefits to eligible City employees.

8.1 CalPERS - Miscellaneous Members

Employees covered by this resolution who do not meet the definition of “new member” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (those unit members shall be referred to as “classic members”) are 385
enrolled in either the CalPERS retirement plan provided for by Government Code section 21354.4, and commonly referred to as the 2.5% at age 55 retirement plan (“tier 1”), or the 2% at 60 formula provided for by Government Code section 21353 (“tier 2”).

A. Classic Members:

Effective April 16, 2017, the total contribution for tier 1 (2.5% @ 55) unit members will be 12% of compensation earnable, inclusive of statutory employee contributions and all cost sharing. The total contribution for tier 2 (2% @ 60) unit member s will be 10% of compensation earnable, inclusive of statutory employee contributions and all cost sharing.

Effective the pay period that includes July 1, 2023, classic member employees subject to the 2.5%@55 formula shall have their cost sharing per Government Code section 2 0516(a) reduced by 1.469% for a net contribution of one percent (1%) and cost sharing pursuant to 20516(f) will be reduced from 1.531% to 0%.

Effective the pay period that includes July 1, 2023, classic member employees subject to the 2%@60 formula shall have their cost sharing per Government Code section 20516(f) reduced by 1% for a net contribution of two percent (2%).

B. New Members: Under PEPRA (see section 3.4 below):

Effective April 16, 2017, the total contribution for PEPRA tier 3 (2% @ 62) unit members will be 9% of pensionable compensation, inclusive of statutory employee contributions and cost sharing.

8.2 CalPERS - Safety Police Members

Employees covered by this resolution who do not meet the definition of “new member” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (those unit members shall be referred to as “classic members”) are enrolled in the CalPERS retirement plan provided for by Government Code section 21362.2, and commonly referred to as the 3% at age 50 retirement plan (“tier 1”).

A. Classic Members:

Effective April 16, 2017, t he total contribution for tier 1 (3 % @ 50) unit members will be 12 % of compensation earnable, inclusive of statutory employee contributions and all cost sharing.

386
B. New Members: Under PEPRA (see section 3.4 below):

Effective April 16, 2017, the total contribution for PEPRA tier 2 (2.7% @ 57) unit members will be 9% of pensionable compensation, inclusive of statutory employee contributions and cost sharing.

8.3 CalPERS – Safety Fire Members

Employees covered by this resolution who do not meet the definition of “new member” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (those unit members shall be referred to as “classic members”) are enrolled in either the CalPERS retirement plan provided for by Government Code section 21362.2, and commonly referred to as the 3% at age 50 retirement plan (“tier 1”) or the 2% at 50 formula provided for by Government Code section 21362 (“tier 2”).

A. Classic Members

Effective June 21, 2020, the total contribution for tier 1 (3% @ 50) unit members will be 15% of compensation earnable, inclusive of statutory employee contributions and all cost sharing. The total contribution for tier 2 (2% @ 50) unit member s will be 15% of compensation earnable, inclusive of statutory employee contributions and all cost sharing.

Effective the pay period that includes July 1, 2023, classic member employees subject to the 3%@50 formula shall have their cost sharing per Government Code section 20516(a) reduced by 2% for a net contribution of three percent (3%).

Effective the pay period that includes July 1, 2023, classic member employees subject to the 2%@50 formula shall have their cost sharing per Government Code section 20516(f) reduced by 2% for a net contribution of three percent (3%).

B. New Members: Under PEPRA (see section 7.4 below):

Upon adoption of this resolution by the City Council, the total contribution for PEPRA tier 3 (2.7% @ 57) will be 9% of pensionable compensation, inclusive of statutory employee contributions and cost sharing.

8.4 THE CALIFORNIA PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 (PEPRA)

As it may from time to time exist, the PEPRA shall in its entirety be given full force and effect. PEPRA includes, but is not limited to, the provisions described below:
387

Members hired on and after January 1, 2013, deemed to be a “new member” as defined in Government Code section 7522.04, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said “ new member” is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater.

Members who are “new members” on and after January 1, 2013, shall be enrolled in the PEPRA provided for 2% @ 62 retirement formula for miscellaneous employees (Govt. Code section 7522.20), or 2.7% @ 57 for safety employees (Govt. Code section 7522.25(d)).

Members who are “new members” on and after January 1, 2013, shall have “final compensation” measured by the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months (Section 7522.32.), and their retirement benefits shall be calculated based on “pensionable compensation” (Section 7522.10) rather than “compensation earnable” (Section 20636).

SECTION 9. The following classifications shall be provided with a City vehicle or monthly automobile allowance:

Assigned City Vehicle: City Manager, Fire Chief, Police Chief, Assistant Fire Chief, Deputy Police Chief

$575 Monthly Automobile Allowance: Administrative Services Director, Assistant City Manager , Deputy City Manager, Economic and Development Services Director, Finance Director , Information Technology Director, Parks and Community Services Director, Public Works Director

In all situations, the City Manager has the sole discretion to grant, modify or deny use of a City vehicle or grant an allowance for employees covered by this resolution.

SECTION 10. Employees covered by this resolution shall be provided with a $75 monthly technology allowance. The City Manager has the sole discret ion to grant, modify or deny an allowance for employees covered by this resolution.

SECTION 11. With exception of the City Manager, a pay -for-performance evaluation and compensation system will be utilized for all employees in executive job classifications. All compensation increases for executives will be based upon continued meritorious service to the City.

SECTION 12. Effective the pay period that includes July 1, 2024, Executives and Managers are eligible to receive up to 10% in additional compensation for completing the 388
following educational courses, certificates and degrees which enhance their ability to do their job or for completing Peace Officer Standard Training (POST) certifications:

Certification/ Degree Award
P.O.S.T. Executive Certificate 5.0%
FBI Academy 2.5%
Command College 2.5%
CA State Fire Chief 5.0%
National Fire Academy - Executive Fire Officer 2.50%
Master’s Degree 2.50%
P.O.S.T. Management Certificate 5.0%
CA State Chief Fire Officer 5.0%

Effective the pay period that includes July 1, 2025, Executives and Managers are eligible to receive up to 10% in additional compensation for completing the following educational courses, certificates and degrees which enhance their ability to do their job or for completing Peace Officer Standard Training (POST) certifications:

Certification/ Degree Award
P.O.S.T. Management / Executive Certificate 10.0%
FBI Academy 2.5%
Command College 2.5%
CA State Fire Chief 5.0%
National Fire Academy - Executive Fire Officer 2.50% P.O.S.T. Management Certificate 5.0%
CA State Chief Fire Officer 5.0%
Center for Public Safety Excellence (CPSE) 5.0%
Accreditation Manager

Awards are based on a percentage of base salary and paid on a bi -weekly basis .

Effective July 1, 2025, the maximum cumulative award payable to any employee shall not exceed 10.0% of base salary. To the extent permitted by law, the compensation in this section is special compensation and shall be reported as educational incentive or Peace Officer Standard Training (POST) Certificate Pay pursuant to Title 2 California Code of Regulations, sections 571 and 571.1.

The Human Resources Division and City Manager will review eligible certifications periodically to ensure compliance with updated POST and/or State regulations and requirements.

SECTION 13. Effective the payroll that includes July 1, 2024, Sworn Police and Fire Division Managers including Division Managers performing in an acting assignment who have been employed in a sworn law enforcement position (as defined by California Penal Code sections 830.1, 830.2, 830.32 and 830.33 or the out -of-state equivalent) or in a sworn firefighting position (as defined in Government Code section 3251 or the out- 389
of-state equivalent for twenty-five (25) years or more shall receive longevity pay of ten percent (10%) of employee’s base salary.

Effective the payroll that includes July 1, 2025, Sworn Police and Fire Directors/Executives and Sworn Police and Fire Division Managers performing in an acting assignment who have been employed in a full -time equivalent sworn law enforcement position (as defined by California Penal Code sections 830.1, 830.2, 830.32 and 830.33 or the out-of-state equivalent) or in a sworn firefighting position (as defined in Government Code section 3251 or the out -of-state equivalent for twenty (20) years or more shall receive longevity pay of twelve and one- half percent (12.5%) of employee’s base salary.

The compensation in this section is special compensation and shall be reported as longevity pay pursuant to Title 2 California Code of Regulations, sections 571 and 571.1.

SECTION 14. Effective XXXX, Employees including employees who meet the Department/City established standards and are routinely and consistently assigned to communicate in Spanish, Vietnamese, American Sign Language (ASL) and any other language approved by the City Manager shall receive two and one-half percent (2.5%) or five percent (5%) of the top step base salary and paid on a bi -weekly basis, pursuant to subsections A or B below. The compensation in this section is special compensation and shall be reported as bilingual premium pursuant to Title 2 California Code of Regulations, sections 571 and 571.1.

A. The following standard of spoken Spanish, Vietnamese, or American Sign Language is followed for the 2.5% Certification:

1. The applicant has the ability to create with language, recombining and adapting learned material to express personal meaning and can handle simple situations and transactions in the course of his/her work such as explanation of procedures, obtaining personal information, instructions to victims and onlookers, among others.

2. The applicant is able to maintain simple face- to-face conversations, asking and answering questions regarding everyday survival on topics most related to self and immediate work environment; courtesy requirements, and personal needs during the course of routine calls not likely to be of a life or death nature.

3. The applicant can be understood with some repetition by a sympathetic native speaker.

4. The applicant demonstrates mastery of work -related vocabulary including: time, days of the week, months, family members, parts of the body, motions and states, greetings, home and community, food and 390
beverages, alphabet and numbers, vehicles, simple commands, interrogatory words, etc.

5. Accuracy is required in the present tense and gender distinctions.

6. Core vocabulary of 300-600 words.

B. The 5% Certification requires:

1. Accuracy in present and past tenses.

2. Core vocabulary of 600-1200 words.

3. Exhibits good pronunciation, stress, and intonation skills as judged by the ability to be understood with little repetition or confusion by native speaker.

4. Ability to interview the victim of a crime or accident or other situation involving a native speaker and conduct simple interrogations and investigations which could be of a life or death nature.

5. Ability to understand description, narration, main ideas and details on a variety of topics beyond the immediate situation.

SECTION 15. The City provides uniforms for employees in the classification of Fire Chief, Police Chief, Assistant Fire Chief and Deputy Police Chief. The City will continue to replace, repair and maintain uniforms worn in the line of duty. The average cost of the uniforms/uniform allowances are reported as special compensation (for those employees defined as “classic employees” by the Public Employees’ Pension Reform Act of 2013) for retirement calculation purposes and reported as $17 per pay period effective April 1, 1998. The parties agree, to the extent permitted by law, this compensation is special compensation for “Classic Employees” and shall be reported as Uniform Allowance pursuant to Title 2 California Code of Regulations, section 571.

SECTION 16. The following are the eleven (11) designated observed holidays:

New Year’s Day - January 1st
Martin Luther King, Jr - 3rd Monday in January
President’s Day - 3rd Monday in February
Memorial Day - Last Monday in May
Juneteenth Day - June 19th
Independence Day - 4th of July
Labor Day – 1st Monday in September
Veteran’s Day - November 11th
Thanksgiving Day - 4th Thursday in November
Day after Thanksgiving - Day after the 4th Thursday in November 391
Christmas Day - December 25th

In the event any of the above holidays fall on Saturday, the preceding Friday (or Thursday if the preceding Friday is a closure day) will be observed. In the event any of the above holidays fall on Sunday, the following Monday will be observed.

A. In addition to the eleven (11) holidays above, employees receive sixteen (16) floating holiday hours. Employees may schedule with their supervisor any time during the year to use the floating holiday hours. At the end of the calendar year, any remaining holiday hours will be cashed out. Employees hired after January 1
st of each year are eligible for the 16 hours of floating holiday pay on a pro-rata basis during the calendar year based on the established City holiday schedule. If an employee separates from the service of the City and has used or been paid for floating holiday pay in advance of Lincoln’s Birthday and/or California Admission Day, the City will deduct the cash value for the floating holiday benefits paid, but unearned, from the final paycheck.

B. In order to be eligible for holiday pay for the eleven holidays above, an employee must either work or be on paid status the day immediately before, or after the holiday if scheduled.

C. All employees who receive time off for the above listed holidays shall receive full pay.

Sworn Division Managers (Deputy Police Chief and Assistant Fire Chief) work without regard to holiday and shall be compensated for holiday time of 104 hours per calendar year. To the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, sections 571 and 571.1. Effective July 1, 2025, S worn Division Managers (Deputy Police Chief and Assistant Fire Chief) will no longer be eligible for holiday pay or holiday hours. Sworn Division Managers who wish to take holidays off will be required to utilize personal leave.

SECTION 17. The City shall contribute an amount toward the executive flexible benefit plan bucket for the payment of premiums for affected employees and dependents under an IRS Section 125 Benefit Plan based upon the following criteria:

• Full family coverage for the PERS Platinum medical plan (or equivalent PERS PPO 90/10 plan) under the California Public Employees’ Retirement System (CALPERS) health insurance programs
• Full family coverage for the Dental Indemnity plan
• Full premium payment for Life Insurance
• For Department Directors, Long Term Disability premium will be based upon the top step salary of the highest-salaried Department Director/Executive within the classified service
• For Division Managers, Long Term Disability premium will be based upon the 392
top step salary of the highest -salaried Division Manager within the classified service
The flex benefit amount is inclusive of CalPERS statutory minimum amount for each month. An employee who selects benefits which cost less than the dollars contributed by the City shall receive the remainder of the flexible benefit contribution in cash. Any amounts necessary to maintain benefit premiums in excess of the City contribution specified above shall be borne entirely by the executive employee.

SECTION 18. Employees covered by this resolution shall accrue vacation leave at the following rates and shall be capped at the following maximum levels:

Years of Service Annual Accrual 40-Hour Maximum Accrual 40-Hour 1-2 92 184
3-4 116 232
5-9 140 280
10-14 164 320
15-19 188 320
20+ 212 320

Vacation Leave Cash- Outs – Each fiscal year, employees will have the following cash- out options: 1) One eighty (80) hour cash-out any time during the fiscal year, regardless of the employee’s maximum accrual and regardless of the employee’s Vacation Leave usage; and, 2) Up to four cash- outs per fiscal year, any time during the fiscal year (irrespective of quarter), based on a “2 for 1” usage ratio, up to a maximum of 80- hours for each cash out. For example, if an employee uses 10 hours of Vacation Leave, the employee could cash out up to 20 hours of Vacation Leave; in order for an employee to cash-out the maximum of 80-hours Vacation Leave, the employee would need to use 40 hours of Vacation Leave.

Vacation Leave Cash-Out for 2026 and Thereafter - On or before December 31 of each calendar year, an employee may make an irrevocable election to cash out up to 212 hours of vacation leave which will be earned in the following calendar year at the employee’s base rate of pay as follows:

An employee can cash out vacation during any quarter of the following year as long as on the date(s) chosen for cash out the employee has earned at least the amount of vacation he/she chooses to cash out. Employees who made an irrevocable election to cash out vacation (up to a maximum of 212 hours for the year) shall choose to be paid out during one or more of the following payroll periods:

• Payroll period which includes April 1st
• Payroll period which includes July 1st
• Payroll period which includes October 1
st
• Final Payroll period of the calendar year.

Employees will notify the Human Resources Division of which quarter(s) they wish their 393
cash outs to be paid by the payroll deadlines as set by the Finance Department and Human Resources Division. Any remaining elected vacation hours that have not been previously paid out during the year will be paid out on the final payroll period of the calendar year.

All employees who are at the Maximum Accrual Level or who may reach the Maximum Accrual Level shall utilize the “Cash-Out” and/or “Vacation Leave” options so as to NOT exceed the Vacation Accrual Ceiling. Other than exceptions granted based upon City and/or Departmental needs as approved by the City Manager , there will no other cash- out of Vacation Leave time beyond the Maximum Accrual rates that have been established.

SECTION 19. Employees covered by this resolution shall accrue 3.69 hours of sick leave per pay period into a Primary Sick Leave Bank. Sworn Fire Division Managers hired or promoted prior to the pay period including December 2, 2025 shall accrue 4.80 hours of sick leave per pay period. Sworn Police Division Managers hired or promoted prior to the pay period including December 2, 2025 shall accrue 4.0 hours of sick leave per pay period. Employees may accrue up to 480 hours of sick leave in a Primary Sick Leave Bank.

When an employee has 480 hours of sick leave in their Primary Sick Leave bank, their pay period accrual will be distributed in the following manner:

A. At the employee's option, one-half of the benefit will be:

1. Paid as monetary compensation to the employee at the employee's then current hourly base rate of pay or,

2. Converted into vacation hours. If this option is chosen, the employee cannot accrue more than the maximum vacation hours as provided in the vacation hours article of this MOU.

B. The remaining one-half benefit will be placed in the employee's Secondary Sick Leave Bank.

If an employee has a Secondary Sick Leave Bank, the first 40 hours of sick leave used per calendar year must be from this bank. Hours in this bank may also be used in the event of a verified non-industrial disability which has resulted in an absence from duty of at least 60 consecutive calendar days. In this event, sick leave in the Secondary Sick Leave Bank may be used for additional consecutive absences resulting from the disability; or it may be used to supplement LTD payments (so that the employee receives his/her full compensation) should the employee qualify for long term disability benefits.

Additionally, an amount of sick leave equal to the hours used from the Primary Bank for said disability (i.e., if an employee is out for at least 60 days) may be transferred from the Secondary Bank to the Primary Bank provided that such transfer shall not result in there being in excess of 480 hours in the Primary Bank.
394

At the time of separation from the City, (unless terminated for cause) with a minimum of 20 years of continuous service, including/or if separation is by retirement (defined as having applied for retirement benefits from CalPERS), the employee shall have the option of:

A. Being paid at his/her then current hourly rate for one- half of the sick leave accrued in both his/her Primary Sick Leave Bank, and Secondary Sick Leave Bank and the remaining one- half will be applied towards his or her service credit, or,

B. The employee can choose to apply all credited time (both Banks) towards his or her service credit.

SECTION 20. The City shall grant Executive Leave to management personnel not to exceed forty (40) hours per payroll calendar year. The City Manager may grant up to an additional sixty (60) hours of Executive Leave each payroll calendar year.

SECTION 21. Pursuant to the Executive Professional Development Reimbursement Program, the City agrees to reimburse Department Directors up to $2,300 and Division Managers up to $1,300 per fiscal year for activities, materials, equipment or fees that will aid in their individual professional development or support employee wellness, mental and physical health. The intent of this program is to encourage and recognize executive staff for pursuing educational, professional or community-oriented activities, enhancing job skills and expertise, and/or purchasing materials/equipment, which improve the executive’s per formance and well-being. These activities, materials, equipment or fees are intended to be beyond what is budgeted for individuals through the annual budget cycle. The reimbursement options available include the following:

• Professional memberships, licenses and certificates that are job-related • Professional conferences that are job- related including fees and other expenses while attending
• Membership dues in community organizations relevant to the executive’s job assignment
• Purchase of job- related professional journals, periodicals, books or other written materials which further knowledge or improvement of effecti veness in performance of duties
• Education fees that exceed the City’s annual $1,250 tuition reimbursement limit • Activities, materials, equipment or fess that promote employee wellness, mental and physical health
• Direct purchase of qualifying computer equipment defined in Administrative Regulation 2.29

The Assistant City Manager must approve participation in the activities and/or purchase of the materials/equipment in advance. Claims for reimbursement must be accompanied by documentation that an eligible expense has been incurred during the fiscal year for the 395
executive employee only. Employee may not request reimbursement for any activities, materials, equipment or fees that have already been reimbursed through a Flexible Spending Account, Health Savings Account or similar program. Any portion of the reimbursement amount not incurred within the fiscal year shall remain City funds unless prior approval has been received by the City Manager. Requests to carry forward unencumbered amounts to the next fiscal year must receive approval by the City Manager prior to the end of the fiscal year. All payments will be in the form of reimbursement and no executive employee will directly receive cash for this benefit. Reimbursements, which are subject to taxation, will be processed through the payroll system. The Finance Department shall administer this program in accordance with the stated purpose and will provide the appropriate forms and procedures. This reimbursement program does not prohibit individual departments from continuing to budget funds for executive staff attendance at professional conferences and seminars, for the payment of professional membership dues, and/or for the purchase of books, journals and written materials that are job-related and will enhance an executive’s knowledge or expertise.

SECTION 22. The 401(a) deferred compensation plan provides executives with another tax-deferred savings plan for future financial planning. Except as provided in the City Manager’s Employment Agreement, Executives and Department Directors covered by the Executive Compensation Plan and executive salary schedule shall receive a $15,000 annual contribution to the City’s 401(a) plan. Division Managers covered by the Executive Compensation Plan and executive salary schedule shall receive 0.5% per pay period for those who elect to participate in the 401(a) plan. Effective January 1, 2026, the City Manager shall receive a $50,000 annual contribution to the City’s 401(a) plan.

Beginning January 1, 2027, the 401(a) annual contribution shall increase by Five Thousand Dollars ($5,000) per calendar year, subject to the maximum contribution limits allowed by federal law.

Except as provided in the City Manager’s Employment Agreement, executives must make any and all 457 deferred compensation contributions. The City shall contribute to City Manager’s 457 account the maximum annual contribution permitted, including applicable catch-up provisions.

SECTION 23. All resolutions and parts of resolutions in conflict herewith are hereby rescinded.

396
PASSED AND ADOPTED this 2nd day of June, 2026.

______________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

______________________________ ______________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2026 -XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 2
nd day of June, 2026, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 2
nd day of June, 2026.

______________________________
Brenda Green, City Clerk

397
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 2026-03 RENAMING THE ASSISTANT

DEVELOPMENT SERVICES DIRECTOR CLASSIFICATION REPRESENTED BY THE COSTA MESA DIVISION MANAGERS ASSOCIATION.

The City Council of the City of Costa Mesa does hereby resolve, determine and order as follows:

WHEREAS, the City Council previously adopted Resolution No. 2026-XX revising the pay ranges and benefits for job classifications represented by the Costa Mesa Division Managers Association; and

WHEREAS, the City Council desires to re name the existing “Assista nt Development Services Director” as the “Assistant Community Development Director” classification; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows:

SECTION 1. The existing “Assistant Development Services Director” classification is renamed as the “Assistant Community Development Director” classification.

SECTION 2. Except as modified by this Resolution, Resolution No. 2026-03 shall remain in full force and effect.

PASSED AND ADOPTED this 2nd day of June, 2026.

______________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

______________________________ ______________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney Attachment 17
398

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 21
st day of January, 2026.

__________________________
Brenda Green, City Clerk

(SEAL)

399

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-296 Meeting Date: 6/2/2026
TITLE:

AWARD OF CONTRACT TO RENOVATE JACK HAMMETT SPORTS COMPLEX FIELDS 1 AND 2 DEPARTMENT: PUBLIC WORKS DEPARTMENT/MAINTENANCE SERVICES DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: ROBERT RYAN, MAINTENANCE SERVICES MANAGER (714) 754-5123
RECOMMENDATION:

Staff recommends the City Council:

1. Award a Public Works Agreement (PWA) for the renovation of Jack Hammett Sports Complex Fields 1 and 2 to Scapepros Landscaping, 1100 E Orangethorpe Avenue, Suite 252-F, Anaheim, CA 92801, in the amount of $469,478.

2. Authorize a ten percent (10%) contingency in the amount of $46,948 for unforeseen costs related to the project.

3. Authorize the City Manager and the City Clerk to execute the PWA and future amendments for this agreement within Council authorized limits.

BACKGROUND:

The Farm Sports Complex, now known as the Jack R. Hammett Sports Complex, was officially dedicated and opened in July 2000. It was renamed in 2012 to honor former Mayor Jack Hammett.

The nearly 18-acre facility was developed by the City to provide additional athletic sports fields for local sports leagues.The complex features six (6) lighted soccer fields that serve as a focal point for both recreational and competitive leagues. Some of the long-standing Costa Mesa organizations that utilize the Jack Hammett Sports Complex include AYSO 120, AYSO 97, Strikers FC, Newport Mesa Slammers FC, Costa Mesa High School Athletics, SoCal Elite FC, Matt Leinart/OC Football Academy, Mesa Verde Youth Soccer, Wild Geese Adult & Youth Soccer, and the International Soccer League.

The complex also regularly hosts tournaments organized by these groups, as well as outside tournaments and one-time rental events throughout the year. The complex has served as a pre- season training facility for professional football teams, including the Los Angeles Chargers and Las Vegas Raiders, as well as college teams such as UCLA.

Field use at the Complex for Fiscal Year 2024-25 across all programs included 545 teams and 4,471 players/users from 39 unique organizations. This broad and diverse participation illustrates the field’s importance to the community and highlights its capacity to serve a variety of sporting interests,

Page 1 of 3 ends

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File #: 26-296 Meeting Date: 6/2/2026
making these fields a valuable community resource.

The City performs renovations to the fields on an annual basis to maintain the turf, improve playability, and ensure safety. These renovations include aeration, dethatching/Verti-cutting and top dressing. Localized turf replacement is performed in areas that are heavily worn. Despite maintenance and annual renovation, the conditions of the fields have deteriorated over the years due to heavy use and normal soil contraction and expansion, causing the fields to settle and resulting in low spots. The fields have also sustained damage from heavy rains, as the drainage is no longer adequate to effectively move water away from the playing surface due to irregular surface conditions and deterioration of the crown of the fields. These issues were addressed on Fields 3 and 4 when the LA Chargers completely renovated those fields at the beginning of their lease in 2017. Staff has determined that similar renovations to Fields 1 and 2 are required in order to level the fields, eliminate low spots, and restore a slight crown at the center of each of the fields to improve drainage.

ANALYSIS:

On April 15, 2026, the City issued an Invitation for Bid (IFB) on PlanetBids for the renovation of Jack Hammett Soccer Fields 1 and 2. A total of six (6) bids were received on April 30, 2026.

The bids were screened for compliance with the City’sIFB process. Two bids did not meet the minimum requirements and, therefore, were deemed non-responsive to the City’sIFB process. The remaining four bids were compliant. A detailed bid result is provided in Attachment 1.

Summary of bids received:

BIDDER TOTAL BID
AMOUNT
Greenfield Landscape & Maintenance, Inc. $728,888
Marina Landscape $590,872.50
Scapepros Landscaping $469,477.50
Southern CA Landscape, Inc. $584,205.00
JAS Landscape $1,103,578.50 Non-responsive
Landscape Elite $894,050.00 Non-responsive
Scapepros Landscaping submitted the apparent low bid in the amount of $469,478. The bid submitted included all the required documents with the bid package and had no substantive irregularities. Staff has determined that Scapepros Landscaping is qualified and properly licensed to perform all work required. The company has performed similar projects for the Newport Mesa Unified School District and several local cities. All past projects were high-quality and completed in a timely manner. Therefore, staff recommends that City Council award the PWA to Scapepros Landscaping in the amount of $469,478 (Attachment 2).

ALTERNATIVES:

The City Council could choose to re-advertise the Invitation for Bid. However, staff believe that the alternative would not result in locating a higher-rated company with more competitive pricing than that received in the initial process. Additionally, the City would miss the opportunity to perform the work during the 2026 renovation period, as the new process and contract award would take time to

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401
File #: 26-296 Meeting Date: 6/2/2026
work during the 2026 renovation period, as the new process and contract award would take time to complete.

FISCAL REVIEW:

Funding for this project is included in the Capital Improvement Fund in Fiscal Year 2025-26 Adopted Budget in the Jack Hammett Sports Complex Capital Improvement Fund (Fund 417), which has an available fund balance of approximately $700,000.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this report and approves it as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life. · Maintain and Enhance the City’s Facilities, Equipment and Technology.

CONCLUSION:

Staff recommends the City Council:

1. Award a Public Works Agreement (PWA) for the renovation of Jack Hammett Sports Complex Fields 1 and 2 to Scapepros Landscaping, 1100 E Orangethorpe Ave, Suite 252-F, Anaheim, CA 92801 in the amount of $469,478.

2. Authorize a ten percent (10%) contingency in the amount of $46,948 for unforeseen costs related to this project.

3. Authorize the City Manager and the City Clerk to execute the PWA and future amendments for this agreement within Council authorized limits.

Page 3 of 3 ends

402
City of Costa Mesa
Submissions for Solicitation Jack Hammett Sports Complex Soccer Field Renovation (IFB No. 26-18) Issued on 04/15/2026
Submissions Due on April 30, 2026 2:00 PM (PDT)
Exported on 04/30/2026
Unit Price Unit Price Unit Price

1.00 $
25,000.00$ 67,380.00$

1.00$
25,000.00$ 9,210.00$

75.00$ 95.00$ 139.54$

1.00$ 25,000.00$ 1,870.00$
Unit Price Unit Price Unit Price
16,500.00$ 19,900.00$ 31,300.00$
5,750.00$ 11,925.00$ 7,500.00$

82.85$ 56.75$ 84.00$
13,225.00$ 9,500.00$ 3,500.00$

0.34$

1.03$

0.39$

1.15$
TOTAL BID AMOUNT 584,205.00$

5. Provide & Install New TifTuf
Hybrid Bermuda Sod 188,250 sq. ft. 216,487.50$

6. Sod Establishment 1 3,500.00$

3. Field Survey 1 7,500.00$

4. Topsoil Placement & Leveling 3,000 cuyd 252,000.00$

1. Mobilization 1 31,300.00$

2. Sod Cut Remove Entire Fields
#1 and #2
188,250 sq. ft. 73,417.50$
BIDDER SOUTHERN CA LANDSCAPE INC.

Soccer Field Renovation
Bid Items Estimate Quantity Cost

6. Sod Establishment 1 9,500.00$
TOTAL BID AMOUNT 469,477.50$
11,925.00$

4. Topsoil Placement & Leveling 3,000 cuyd 170,250.00$

5. Provide & Install New TifTuf
Hybrid Bermuda Sod 188,250 sq. ft. 193,897.50$
TOTAL BID AMOUNT 590,872.50$

BIDDER SCAPEPROS LANDSCAPING
Soccer Field Renovation
Bid Items Estimate Quantity Cost

1. Mobilization 1 19,900.00$

2. Sod Cut Remove Entire Fields
#1 and #2
188,250 sq. ft. 64,005.00$

3. Field Survey 1

5. Provide & Install New TifTuf
Hybrid Bermuda Sod 188,250 sq. ft. 197,662.50$

6. Sod Establishment 1 13,225.00$

1.05$

3. Field Survey 1 5,750.00$

4. Topsoil Placement & Leveling 3,000 cuyd 248,550.00$

1. Mobilization 1 16,500.00$

2. Sod Cut Remove Entire Fields
#1 and #2
188,250 sq. ft. 109,185.00$ 0.58$

BIDDER MARINA LANDSCAPE
Soccer Field Renovation
Bid Items Estimate Quantity Cost
TOTAL BID AMOUNT 894,050.00$

5. Provide & Install New TifTuf
Hybrid Bermuda Sod 188,250 sq. ft. 237,920.00$

6. Sod Establishment 1 1,870.00$

1.26$
TOTAL BID AMOUNT 1,103,587.50$

3. Field Survey 1 9,210.00$

4. Topsoil Placement & Leveling 3,000 cuyd 418,620.00$

1. Mobilization 1 67,380.00$

2. Sod Cut Remove Entire Fields
#1 and #2 188,250 sq. ft. 159,050.00$ 0.84$

BIDDER LANDSCAPE ELITE - NON-RESPONSIVE
Soccer Field Renovation
Bid Items Estimate Quantity Cost

6. Sod Establishment 1 25,000.00$

4. Topsoil Placement & Leveling 3,000 cuyd 285,000.00$

5. Provide & Install New TifTuf
Hybrid Bermuda Sod 188,250 sq. ft. 564,750.00$ 3.00$

2. Sod Cut Remove Entire Fields
#1 and #2 188,250 sq. ft. 178,837.50$

3. Field Survey 1 25,000.00$

0.95$
Bid Items Estimate Quantity Cost

1. Mobilization 1 25,000.00$

GREENFIELD LANDSCAPE & MAINTENANCE, INCBIDDER
Soccer Field Renovation

BIDDER JAS LANDSCAPE - NON-RESPONSIVE
Soccer Field Renovation
1 CostEstimate QuantityBid Items
20,000.00$
207,075.00$
225,000.00$
188,250.00$
78,563.00$
188,250 sq. ft.

1.00$

1.10$
TOTAL BID AMOUNT 728,888.00$
1 10,000.00$

2. Sod Cut Remove Entire Fields
#1 and #2

1. Mobilization

3. Field Survey

4. Topsoil Placement & Leveling

5. Provide & Install New TifTuf
Hybrid Bermuda Sod

6. Sod Establishment
188,250 sq. ft.
1 3,000 cuyd
ATTACHMENT 1
403
1 CITY OF COSTA MESA

PUBLIC WORKS A

GREEMENT FOR
CITY IFB NO. 26-18

JACK HAMMETT SPORTS COMPLEX SOCCER FIELD RENOVATION

THIS PUBLI
C WORKS AGREEMENT (“Agreement”), dated June 2, 2026
(“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision of the State of California (“CITY”), and SCAPEPROS LANDSCAPING CORPORATION, a California Corporation (“CONTRACTOR”).

WHERE
AS, CITY desires to construct the public improvements described below under Paragraph 1, Scope of Work (the “Project”); and
WHERE
AS, CITY has determined that CONTRACTOR is the lowest responsible bidder; and

WHEREAS, CI
TY now desires to contract with CONTRACTOR to furnish
construction and related services for the Project; and
WHERE
AS, CITY and CONTRACTOR desire to set forth their rights, duties and liabilities in connection with the services to be performed.

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

1. SCOPE OF WO
RK.

The scope of w
ork generally consists of the renovation of soccer fields I and II at the Jack Hammett Sports Complex, including sod cut and removal of the entire soccer fields, laser survey of the fields to verify field elevations and ensure surface drainage, importation, grading, compaction, and laser leveling of compatible topsoil/sand to bring the fields to grade, installation of new TifTuf hybrid Bermuda sod, rolling of the fields, and application of starter fertilizer to expedite sod establishment (the “Work”).

The Work is
further described in the “Contract Documents” referred to below.

The Projec
t is known as the Jack Hammett Sports Complex Soccer Field Renovation Project, City IFB No. 26-18 (the “Project”).

2. CONTRACT
DOCUMENTS.

The complete A
greement consists of the following documents relating to the Project:
(a) This Agreement;
ATTACHMENT 2
404
Project and Specification No. IFB No. 26-18
2 (b) CONTRACTOR’s bid, attached hereto as Exhibit A and incorporated herein;

(c) Bid package , including, but not limited to, notice inviting bids, complete plans, profiles, detailed drawings and specifications, general provisions and special provisions, and Addendum No. 1 dated April 22, 2026. The bid package is attached hereto as Exhibit B and incorporated herein;

(d) Drug-Free Workplace Policy, attached hereto as Exhibit C and incorporated herein; and

(e) Provisions of the most current edition of The Greenbook: Standard Specifications for Public Works Construction (“The Greenbook”). Provisions of The Greenbook are incorporated by this reference as if fully set forth herein.

The documents comprising the complete Agreement will be referred to as the “Contract Documents.”

All of the Contract Documents are intended to complement one another, so that any Work called for in one and not mentioned in another is to be performed as if mentioned in all documents.

In the event of an inconsistency in the Contract Documents, the terms of this Agreement shall prevail over all other Contract Documents. The order of precedence between the remaining Contract Documents shall be as set forth in The Greenbook.

The Contract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations.

3. CITY’S REPRESENTATIVE.

The CITY’s Representative is Robert Ryan, referred to herein as the Project Manager (“Project Manager”).

4. CONTRACTOR’S PROJECT MANAGER; PERSONNEL.

(a) Project Manager. CONTRACTOR’s Project Manager must be approved by City. Such approval shall be at CITY’s sole discretion.

(b) Personnel. CITY has the right to review and approve any personnel who are assigned to perform work under this Agreement. CONTRACTOR shall remove personnel from performing work under this Agreement if requested to do so by CITY.

This Paragraph 4 is a material provision of the Agreement.

5. SCHEDULE.
405
Project and Specification No. IFB No. 26-18
3 All Work shall be performed in accordance with the schedule approved on behalf of CITY by the Project Manager, and in accordance with the time of performance set forth in Paragraph 11 (Time of Performance).

6. EQUIPMENT - PERFORMANCE OF WORK.

CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work in a good and workmanlike manner in strict conformity with the Contract Documents.

The equipment, apparatus, facilities, labor and material shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the Project Manager or his or her designee, and subject to his or her approval.

7. COMPENSATION.

CITY shall pay CONTRACTOR in accordance with the fee schedule set forth in CONTRACTOR’s bid. CONTRACTOR’s total compensation shall not exceed Four Hundred Sixty -Nine Thousand Four Hundred Seventy -Seven Dollars and Fifty Cents ($469,477.50).

8. ADDITIONAL SERVICES.

CONTRACTOR shall not receive compensation for any services provided outside the scope of the Contract Documents unless such additional services, including change orders, are approved in writing by CITY prior to CONTRACTOR performing the additional services.

It is specifically understood that oral requests or approvals of such additional services, change orders or additional compensation and any approvals from CITY shall be barred and are unenforceable.

9. PAYMENTS TO CONTRACTOR.

On or before the last Monday of each and every month during the performance of the Work, CONTRACTOR shall meet with the Project Manager or his or her designee to determine the quantity of pay items incorporated into the improvement during that month.

A “Progress Payment Order” will then be jointly prepared, approved, and signed by the Project Manager and the CONTRACTOR setting forth the amount to be paid and providing for a five percent (5%) retention. Upon approval of the progress payment order by the Project Manager, or his or her designee, it shall be submitted to CITY’s Finance Department and processed for payment by obtaining approval from the City Council to issue a warrant.

406
Project and Specification No. IFB No. 26-18
4 Within three (3) days following City Council’s approval to issue a warrant, CITY shall mail to CONTRACTOR a warrant for the amount specified in the progress payment order as the amount to be paid. The retained five percent (5%) shall be paid to CONTRACTOR thirty-five (35) days after the recording of the Notice of Completion of the Work by the CITY with the Orange County Clerk-Recorder and after CONTRACTOR has furnished releases of all claims against CITY by persons who furnished labor or materials for the Work, if required by CITY.

Upon the request of CONTRACTOR and at its expense, securities equivalent to the amount withheld pursuant to the foregoing provisions may be presented to CITY for substitution for the retained funds. If CITY approves the form and amount of the offered securities it will release the retained funds and will hold the securities in lieu thereof.

CONTRACTOR shall be entitled to any interest earned on the securities.

In the event that claims for property damage or bodily injury are presented to CITY arising out of CONTRACTOR’s or any subcontractor’s work under this Agreement, CITY shall give notice thereof to CONTRACTOR, and CONTRACTOR shall have thirty-five (35) days from the mailing of any such notice to evaluate the claim and to settle it by whole or partial payment, or to reject it, and to give notice of settlement or rejection to CITY. If CITY does not receive notice within the above-mentioned 35-day period that the claim has been settled, and if the Project Manager, after consultation with the City Attorney, determines that the claim is meritorious, CITY may pay the claim or a portion of it in exchange for an appropriate release from the claimant, and may deduct the amount of the payment from the retained funds that would otherwise be paid to CONTRACTOR upon completion of the Work; provided, however, that the maximum amount paid for any one claim pursuant to this provision shall be One Thousand Dollars ($1,000.00), and the maximum amount for all such claims in the aggregate paid pursuant to this provision shall be Five Thousand Dollars ($5,000.00).

10. PROMPT PAYMENT OF SUBCONTRACTORS.

CONTRACTOR agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the CONTRACTOR receives from CITY.

CONTRACTOR agrees further to release retainage payments to each subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily completed.

Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY.

11. TIME OF PERFORMANCE.

CONTRACTOR shall commence Work by the date specified in CITY’s Notice to Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be 407
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5 completed within forty (40) working days from the first day of commencement of the Work.

12. TERMINATION.

(a) Termination for Convenience. CITY may terminate this Agreement at any time, with or without cause, by providing thirty (30) days’ written notice to CONTRACTOR.

(b) Termination for Breach of Contract.

(i) If CONTRACTOR refuses or fails to prosecute the Work or any severable part of it with such diligence as will ensure its timely completion, or if CONTRACTOR fails to complete the Work on time, or if CONTRACTOR, or any subcontractor, violates any of the provisions of the Contract Documents, the Project Manager may give written notice to CONTRACTOR and CONTRACTOR’s sureties of the CITY’s intention to terminate this Agreement; and, unless within five (5) days after the serving of that notice, such conduct shall cease and arrangements for the correction thereof be made to the satisfaction of the CITY, this Agreement may be terminated at the option of CITY effective upon CONTRACTOR’s receipt of a second notice sent by the CITY indicating that the CITY has exercised its option to terminate.

(ii) If CONTRACTOR is adjudged bankrupt or files for any relief under the Federal Bankruptcy Code or State insolvency laws, this Agreement shall automatically terminate without any further action or notice by CITY.

(iii) If CONTRACTOR is in breach of any material provision of this Agreement, CITY may immediately terminate this Agreement by providing written notice to CONTRACTOR of same.

13. LIQUIDATED DAMAGES.

In the event the W ork is not completed, for any reason, within the time required including any approved extensions of time, and to the satisfaction of the Project Manager, CITY may, in addition to any other remedies, equitable and legal, including remedies authorized by Paragraph 12 (Termination) of this Agreement, charge to CONTRACTOR or its sureties, or deduct from payments or credits due CONTRACTOR, a sum equal to One Thousand Five Hundred Dollars ($1,500.00) as liquidated damages for each calendar day beyond the date provided for the completion of such work.

The parties hereto agree that the amount set forth above, as liquidated damages constitutes a fair and reasonable estimate of the costs the CITY would suffer for each day that the CONTRACTOR fails to meet the performance schedule. The parties hereby agree and acknowledge that the delays in the performance schedule will cause CITY to incur costs and expenses not contemplated by this Agreement. 408
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6 14. PERFORMANCE BY SURETIES.

In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of intent to terminate as provided in Paragraph 12 (Termination), of this Agreement. CITY shall immediately give written notice of such intent to terminate to CONTRACTOR and CONTRACTOR’s surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the sureties must, within five (5) days after CITY’s giving notice of termination, (a) give the CITY written notice of their intention to take over the performance of this Agreement; (b) provide adequate assurances, to the satisfaction of the CITY, that the Work shall be performed diligently and in a timely manner; and (c) must commence performance thereof within five (5) days after providing notice to the CITY of their intention to take over the Work. Upon the failure of the sureties to comply with the provisions set forth above, CITY may take over the Work and complete it, at the expense of CONTRACTOR , and the CONTRACTOR and the sureties shall be liable to CITY for any excess costs or damages including those referred to in Paragraph 13 (Liquidated Damages), incurred by CITY. In such event, CITY may, without liability for so doing, take possession of such materials, equipment, tools, appliances, Contract Documents and other property belonging to CONTRACTOR as may be on the site of the Work and reasonably necessary therefor and may use them to complete the Work.

15. DISPUTES PERTAINING TO PAYMENT FOR WORK.

Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the Work done, or of any Work omitted, or of any extra Work which CONTRACTOR may be required to do, or respecting any payment to CONTRACTOR during the performance of this Agreement, such dispute shall be decided by the Project Manager, and his or her decisions shall be final and binding upon CONTRACTOR and its sureties.

16. SUPERINTENDENCE BY CONTRACTOR.

At all times during performance of the Work, CONTRACTOR shall give personal superintendence or have a competent foreman or superintendent on the worksite, with authority to act for CONTRACTOR.

17. INSPECTION BY CITY.

CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the Work and to all shops on or off -site where the Work or portions of the Work, are in preparation. CITY shall have the right of access to the premises for inspection at all times. However, CITY shall, at all times, comply with CONTRACTOR’s safety requirements on the job site.

18. CARE OF THE WORK AND OFF-SITE AUTHORIZATION.
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7 CONTRACTOR warrants that it has examined the site of the Work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors and limitations affecting the performance of this Agreement.

CONTRACTOR, at CONTRACTOR’s sole cost and expense, shall obtain any permission, and all approvals, licenses, or easements necessary for any operations conducted off the premises owned or controlled by CITY. CONTRACTOR shall be responsible for the proper care and protection of all materials delivered to the site or stored off -site and for the Work performed until completion and final inspection and acceptance by CITY. The risk, damage or destruction of materials delivered to the site or to Work performed shal l be borne by CONTRACTOR.

19. CONTRACT SECURITY AND GUARANTEE.

CONTRACTOR shall furnish, concurrently with the execution of this Agreement, the following: (1) a surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Agreement, and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons furnishing labor or materials in connection with the Work under this Agreement. Sureties for each of the bonds and the forms thereof shall be satisfactory to CITY. In addition, such sureties must be authorized to issue bonds in California; sureties must be listed on the latest revision to the U.S.

Department of the Treasury Circular 570; and must be shown to have sufficient bonding capacity to provide the bonds required by the Contract Documents.

CONTRACTOR shall provide a certified copy of the certificate of authority of the surety issued by the Insurance Commissioner; a certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted; and copies of the surety’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.

CONTRACTOR guarantees that all materials used in the Work and all labor performed shall be in conformity with the Contract Documents including, but not limited to, the standards and specifications set forth in the most current edition of The Greenbook.

CONTRACTOR shall, at its own expense, make any and all repairs and replacements that shall become necessary as the result of any failure of the Work to conform to the aforementioned Contract Documents, and/or standard specifications; provided, however, that CONTRACTOR shall be obligated under this provision only to the extent of those failures or defects of which CONTRACTOR is given notice within a period of twelve (12) months from the date that the Notice of Completion is recorded.

The rights and remedies available to CITY pursuant to this provision shall be cumulative with all rights and remedies available to CITY pursuant to statutory and 410
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8 common law, which rights and remedies are hereby expressly reserved, and neither the foregoing guarantee by CONTRACTOR nor its furnishing of the bonds, nor acceptance thereof by CITY, shall constitute a waiver of any rights or remedies available to CITY against CONTRACTOR.

20. INDEMNIFICATION.

CONTRACTOR agrees to protect, defend, indemnify and hold harmless CITY and its elected and appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys’ fees, for injury to or death of any person, and for injury or damage to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with the performance of this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the CONTRACTOR, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the CONTRACTOR, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the CITY, its elected officials, officers, agents and employees based upon the work performed by the CONTRACTOR, its employees, and/or authorized subcontractors under this Agreement, whether or not the CONTRACTOR, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

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

CONTRACTOR shall comply with all of the provisions of the Workers’ Compensation insurance laws and Safety in Employment laws of the State of California, including the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto and regulations promulgated pursuant thereto, and all similar State, Federal or local laws applicable; and CONTRACTOR shall indemnify and hold harmless CITY from and against all claims, liabilities, expenses, damages, suits, actions, proceedings and judgments, of every nature and description, including attorney fees, that may be presented, brought or recovered against CITY for or on account of any liability under or failure to comply with any of said laws which may be incurred by reason of any Work performed under this Agreement by CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR.

CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the above hold harmless agreements, because of the acceptance by CITY or the deposit with CITY by CONTRACTOR of any or all of the insurance policies described in Paragraph 21 (Insurance) of this Agreement.

The hold harmless agreements by CONTRACTOR shall apply to all liabilities, 411
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9 expenses, claims, and damages of every kind (including but not limited to attorneys’ fees) incurred or alleged to have been incurred, by reason of the operations of CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR, whether or no t such insurance policies are applicable. CONTRACTOR shall require any and all tiers of subcontractors to afford the same degree of indemnification to the CITY OF COSTA MESA and its elected and appointed boards, officers, agents, and employees that is required of CONTRACTOR and shall incorporate identical indemnity provisions in all contracts between CONTRACTOR and all tiers of its subcontractors.

In the event that CONTRACTOR and CITY are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of CONTRACTOR, or by a dangerous condition of CITY’s property created by CONTRACTOR or existing while the property was under the control of CONTRACTOR, CONTRACTOR shall not be relieved of its indemnity obligation to CITY by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the CITY.

21. INSURANCE.

(a) Minimum Scope and Limits of Insurance. CONTRACTOR shall not commence work under this Agreement until it has obtained all insurance required under this Paragraph 21 and CITY has approved the insurance as to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved.

CONTRACTOR shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by CITY:

(i) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Millio n Dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.

(ii) Business automobile liability for owned vehicles, hired, and non- owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.

(iii) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury 412
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10 or disease. CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the CITY, its officers, agents, employees, and volunteers arising from work performed by CONTRACTOR for the CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

(iv) Umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

(1) A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; (4) Policies shall “follow form” to underlying primary policies; and (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

(b) Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(i) Additional insureds: The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the CONTRACTOR pursuant to its contract with the City; products and completed operations of the CONTRACTOR; premises owned, occupied or used by the CONTRACTOR; automobiles owned, leased, hired, or borrowed by the CONTRACTOR.”

(ii) Notice: “Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to CITY.”

(iii) Other Insurance: “CONTRACTOR’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.”

(c) Reporting Provisions . Any failure of CONTRACTOR 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. 413
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11 (d) Insurance Applies Separately. CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

(f) Proof of Insurance. Prior to commencement of the Work, CONTRACTOR shall furnish CITY, through the Project Manager, proof of compliance with the above insurance requirements in a form satisfactory to City’s Risk Management.

(g) Non-Limiting. Nothing in this Paragraph 21 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.

22. PREVAILING WAGE REQUIREMENTS.

(a) Prevailing Wage Laws. CONTRACTOR is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This Project is a “public works” project and requires compliance with the Prevailing Wage Laws. CONTRACTOR shall defend, indemnify and hold the CITY, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

(b) Payment of Prevailing Wages. CONTRACTOR shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. CONTRACTOR shall post a copy of such wage rates at all times at the project site(s).

(c) Legal Working Day . In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. CONTRACTOR and any subcontractor(s) of CONTRACTOR shall comply with the provisions of the Labor Code regarding eight (8) -hour work day and 40- hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by CONTRACTOR’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any 414
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12 one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one- half times the basic rate of pay. CONTRACTOR shall forfeit as a penalty to CITY Twenty -Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the Work by CONTRACTOR or by any subcontractor(s) of CONTRACTOR, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.

(d) Apprentices. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects.

CONTRACTOR shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.

(e) Payroll Records. Pursuant to Labor Code Section 1776, CONTRACTOR and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONTRACTOR or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this Project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. CONTRACTOR shall also furnish each week to CITY’s Project Administration Division a statement with respect to the wages of each of its employees during the preceding weekly payroll period.

(f) Registration with DIR. CONTRACTOR and any subcontractor(s) of CONTRACTOR shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.

23. COMPLIANCE WITH ALL LAWS.

CONTRACTOR shall, at its own cost and expense, comply with all applicable local, state, and federal laws, regulations, and requirements in the performance of this Agreement, including but not limited to laws regarding health and safety, labor and employment, and wage and hours.

24. DRUG-FREE WORKPLACE POLICY.

CONTRACTOR, upon notification of the award of this Agreement, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available 415
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13 to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug- Free Awareness Program, and must abide by its terms.

CONTRACTOR shall conform to all the requirements of CITY’s Policy No. 100- 5, attached hereto. Failure to establish a program, notify employees, or inform the CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the CITY.

25. NON–DISCRIMINATION.

In performing this Agreement, CONTRACTOR will not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Section 1735 of the California Labor Code.

26. PROVISIONS CUMULATIVE.

The provisions of this Agreement are cumulative and in addition to, and not in limitation of, any other rights or remedies available to CITY.

27. NOTICES.

It shall be the duty and responsibility of CONTRACTOR to notify all tiers of subcontractors and material men of the following special notice provision; namely, all preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to no other department, and shall be either personally delivered or sent by certified mail, postage prepaid.

All other notices shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to CITY pursuant to this Agreement shall be addressed as follows:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Robert Ryan

Notices required to be given to CONTRACTOR shall be addressed as follows:

Scapepros Landscaping Corporation

1100 E. Orangethorpe Avenue, Suite 252-F
Anaheim, CA 92801
Tel: (714) 512-5985
Attn: Cesar Cedillo

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14 Notices required to be given to CONTRACTOR’s sureties shall be addressed as follows:

28. INDEPENDENT CONTRACTOR.

The parties hereto acknowledge and agree that the relationship between CITY and CONTRACTOR is one of principal and independent contractor and no other. All personnel to be utilized by CONTRACTOR in the performance of this Agreement shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all salaries and wages, employer’s social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

Nothing contained in this Agreement shall create or be construed as creating a partnership, joint venture, employment relations, or any other relationship except as set forth between the parties. The parties specifically acknowledge and agree that CONTRACTOR is not a partner with CITY, whether general or limited, and no activities of CITY or CONTRACTOR or statements made by CITY or CONTRACTOR shall be interpreted by any of the parties hereto as establishing any type of business relationship other than an independent contractor relationship.

29. P ERS ELIGIBILITY INDEMNIFICATION.

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

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

30. VALIDITY.

The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any of the other provisions of this Agreement.

31. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws 417
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15 of the State of California. Any legal action relating to or arising out of this Agreement shall be subject to the jurisdiction of the County of Orange, California.

32. NO THIRD PARTY BENEFICIARY RIGHTS.

This Agreement is entered into for the sole benefit of the CITY and CONTRACTOR and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

33. ASSIGNABILITY.

This Agreement may not be transferred or assigned by either party, or by operation of law, to any other person or persons or business entity, without the other party’s written permission. Any such transfer or assignment, or attempted transfer or assignment , without written permission, may be deemed by the other party to constitute a voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void.

34. WAIVER.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought referring expressly to this Paragraph. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

35. HEADINGS.

Section and subsection headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to modify or explain or to be a full or accurate description of the content thereof.

36. 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.

37. COUNTERPARTS.

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16 This Agreement may be executed in one or more counterparts by the parties hereto. All counterparts shall be construed together and shall constitute one Agreement.

38. CORPORATE AUTHORITY.

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

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

CITY OF COSTA MESA
A municipal corporation

__________________________________ Date: _____________________ Cecilia Gallardo-Daly
City Manager

CONTRACTOR

__________________________________ Date: _____________________ Signature

__________________________________
[Name and Title]

ATTEST:

__________________________________ Date: _____________________ Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: _____________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: _____________________ Ruth Wang
Risk Management
APPROVED AS TO PURCHASING:
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18 __________________________________ Date: _____________________ Finance Director

DEPARTMENTAL APPROVAL:

__________________________________ Date: _____________________ Raja Sethuraman
Public Works Director

__________________________________ Date: _____________________ Robert Ryan
Project Manager

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EXHIBIT A

CONTRACTOR’S BID

422
423
424

INVITATION FOR BID
FOR
IFB26-18.C05843

JACK HAMMETT SPORTS COMPLEX SOCCER FIELD RENOVATION
The City of Costa Mesa (hereinafter referred to as the "City") is requesting bids from a qualified public entity or private firm to establish an agreement for the Jack Hammett Sports Complex Soccer Field Renovations of fields I & II. Prior to submitting a bid, Bidders are advised to carefully read the instructions below, including the sample maintenance agreement and any solicitation appendix/exhibits. The City reserves the right to award one or more contracts for this purchase.

I. GENERAL INFORMATION
The City of Costa Mesa is a general law city, which operates under the council/manager form of government with an annual General Fund budget of approximately over $186.8 million and a total budget of $224 million for fiscal year 2025-2026.

The City of Costa Mesa, incorporated in 1953, has an estimated population of 115,000 and has a land area of 16.8 square miles. It is located in the northern coastal area of Orange County, California, and is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach, Fountain Valley and Irvine.

The City is a "full-service city" providing a wide range of services. These services include police and fire protection; animal control; emergency medical aid; building safety regulation and inspection; street lighting; land use planning and zoning; housing and community development; maintenance and improvement of streets and related structures; traffic safety maintenance and improvement; and full range of recreational and cultural programs.

The City of Costa Mesa is home of the Segerstrom Center for the Arts, Orange County Fairgrounds, South Coast Repertory Theater and the South Coast Plaza Shopping Center, which is the single largest commercial activity center in the City. The volume of sales generated by South Coast Plaza secures its place as the highest volume regional shopping center in the nation.

The successful Bidder shall have experience in similar types of services. All Bidders responding to this Invitation for Bid (IFB) will be reviewed based on their expertise, prior experience on similar projects, demonstrated competence, ability to meet the requested services, adequate staffing, understanding of services, cost and responsiveness to the needs and concerns of the City of Costa Mesa.

1. Important Notice: The City has attempted to provide all information available. It is the responsibility of each Bidder to review, evaluate, and, where necessary, request 2 • • I
¼ I
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any clarification prior to submission of a bid. Bidders are not to contact other City personnel with any questions or clarifications concerning this Invitation for Bid (IFB). Any City response relevant to this IFB other than through or approved by City's Purchasing Department is unauthorized and will be considered invalid.

If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued, and the information will be posted on Planet-Bids.

Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the City's Purchasing Department. It is the responsibility of each Bidder to periodically check Planet-Bids website to ensure that it has received and reviewed any and all addenda to this solicitation. The City will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

2. Bid Validity: Bids will be valid for a period of 120 days after the IFB closing date.

3. Bidder's Minimum Requirements: Interested and qualified Bidders that can demonstrate their ability to successfully provide the required services outlined in the Scope of Work, Appendix A, of this IFB are invited to submit a bid, provided they meet the following requirements. All requirements must be met at the time of the bid due date. If these requirements are not met, the bid may not receive further consideration, as determined in the sole discretion of the City. • Bidder must have a Project Manager/Supervisor assigned to the Contract with five (5) years of experience, within the last 8 years, completing projects equivalent or similar to the services identified in the Scope of Work, Appendix A.
• Bidder will be required to abide by the prevailing wage laws as required by state law, Appendix C.
• Bidder must be registered with the Department of Industrial Relations for the electronic submission of their certified payroll for prevailing wage. Submit a copy of the registered DIR number and expiration date.
• Bidder must possess a Class "A", "B", "C-12" or "C-27" contractor's license.

Submit a copy of the license with your proposal.
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4. Schedule of Events: The invitation for bid will be governed by the following schedule:

Release of IFB April 15, 2026
Deadline for Written Questions April 21, 2026, at 11 :00 a.m.

Responses to Questions Posted April 23, 2026
Bids Due April 30, 2026, at 2:00 p.m.
**All dates are subject to change at the discretion of the City.

II. GENERAL INSTRUCTIONS AND PROVISIONS

1. Before submitting a bid, Bidders shall carefully examine the solicitation contents, including the sample maintenance services agreement, conditions and Scope of Work, Appendix A. Bidders shall include in their bid response a monetary sum to cover the cost of all items included in the agreement. The sample agreement contained in this solicitation is the proposed agreement for execution. Upon award, awarded Bidder will be required to sign and submit contract for execution.

2. Cover Letter: A cover letter, not to exceed three pages in length, should summarize key elements of the Bid. An individual authorized to bind the Contractor must sign the letter. Indicate the address and telephone number of the contractor's office located nearest to Costa Mesa, California, and the office from which the project will be managed. And include proposed working relationship among the offering agency and subcontractors, if applicable.

3. Background and Project Summary Section: The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work, Appendix A of this IFB.

4. Bid, Appendix 8:
• Bid prices shall be firm for the full term of the contract. The bid price(s) shall include all fees, including, shipping, freight, transportation, travel and any other fees. No additional compensation will be allowed. • Bid prices offered shall reflect all addendum(s) issued by the City. • Bids shall be submitted only for the items and/or services as stated in the Bid Sheet, Appendix B; bids for other than the items and/or services listed will not be considered.
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• The City will only consider firm price bids.

IFB26-18.C05843
• All price/rate decreases will automatically be extended to the City. • Bids must be provided for each item separately; "all-or-none" bids will not be accepted unless in the best interest of the City.

5. Substitutions: Bids offering equivalent items meeting the standards of quality specified in the solicitation may be considered, unless otherwise specified, providing the bid clearly describes the article offered and how it differs from the specified brand. Unless Bidder specifies otherwise, it is understood that the Bidder is offering the brand item as specified in the solicitation. If Bidder bids an "equal," Bidder must state the brand name and must submit complete specifications and/or provide samples with the bid. Determination of equality shall be at the sole discretion of the City, and the City reserves the right to request a sample for determining equality with the specified brand. If it has been justified and accepted by the requesting agency/department and/or a City standards committee that only one brand can meet the City's requirements, "no exceptions" shall be noted in the specifications.

6. Accuracy of Bids: Bidders shall take all responsibility for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the City.

If prior to contract award, a Bidder discovers a mistake in their bid which renders the Bidder unwilling to perform under any resulting contract, the Bidder must immediately notify the facilitator and request to withdraw the bid. It shall be solely within the City's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire bid. If the solicitation provided for evaluation and award on a line item or combination of items basis, the City may consider permitting withdrawal of specific line item(s) or combination of items.

7. Responsibility of Bidders: The City shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their bids. Pre contractual expenses are not to be included in the Contractor's Pricing Sheet. Pre contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in:
• Preparing its bid in response to this IFB;
• Submitting that bid to the City;
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• Negotiating with the City any matter related to the bid; and, • Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the contract.

8. Submission of Bids: Complete written Bids must be submitted electronically in PDF file format via the planetbids.com website not later than 2:00 p.m. (P.S.T) on April 30, 2026. Bids will not be accepted after this deadline. Bids received after the scheduled closing time will not be accepted. It shall be the sole responsibility of the Bidder to see that the bid is received in proper time. Faxed or e-mailed Bids will not be accepted. NO EXCEPTIONS.

9. Inquiries: Questions about this IFB must be posted in the Q&A tab on Planet-Bids no later than April 21, 2026, at 11 :00 A.M. The City reserves the right not to answer all questions.

The City reserves the right to amend or supplement this IFB prior to the Bid due date. All addendum(s), responses to questions received, and additional information will be posted to the Costa Mesa Procurement Registry, Costa Mesa-Official City Web Site, Business-Bids & RFP's. Proposers should check this web page daily for new information.

From the date that this IFB is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this IFB with any City employee other than the contracting officer listed above regarding this IFB. The City reserves the right to reject any Bid for violation of this provision. No questions other than posted on Planet-Bids will be accepted, and no response other than written will be binding upon the City.

10. Conditions for Bid Acceptance: This IFB does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all bids received as a result of this IFB or to cancel this IFB in part or in its entirety. The City may waive any irregularity in any bid. All bids will become the property of the City of Costa Mesa. If any proprietary information is contained in the bid, it should be clearly identified by Bidder

11. Acceptance/Rejection/Award
• Bids submitted in response to this IFB may become subject to public disclosure under the California Public Records Act, and other applicable 6 ..

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evaluation panel, except for the IFB facilitator, regarding this IFB until after contract award. This solicitation requires due process and therefore set forth herein must be explicitly complied with. Bidders and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

A "Bidder" or "Bidder's representative" includes all the Bidder's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Bidder's bid, and any individual or entity who has been requested by the Bidder to contact the City on the Bidder's behalf. Bidders shall include the Ex Parte Communications form (Appendix E) with their bids certifying that they have not had or directed prohibited communications as described in this section.

16. Conflict of Interest: The Bidder warrants and represents that it presently has no interest and agrees that it will not acquire any interest that would present a conflict of interest under California Government Code, Sections 10 90, et seq., or sections 8710 0 et seq., during the performance of services under any contract awarded. The Bidder further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any awarded contract being deemed void and unenforceable.

17. Disclosure of Governmental Position: In order to analyze possible conflicts that might prevent a Bidder from acting on behalf of the City, the City requires that all Bidders disclose in their bids any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Bidder shall disclose whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past 12 months using the attached "Disclosure of Government Positions Form." Appendix E

18. Sample Maintenance Services Agreement: The firm selected by the City will be required to execute a Maintenance Service Agreement with the City. A sample of the Agreement is enclosed as Appendix D but may be modified to suit the specific services and needs of the City. If a Bidder has any exceptions or conditions to the Agreement, these must be submitted for consideration with the Bid. Otherwise, the Bidder will be deemed to have accepted the form of Agreement.

19. Upon recommendation of contract award, Contractor will be required to submit the following documents with ten (1 0) days of City notification, unless otherwise specified in the solicitation:
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• Insurance - City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Bidder must furnish the City with the Certificates of Insurance proving coverage as specified in the sample contract.
• W-9 - Current signed form W-9 (Taxpayer Identification Number & Certification) which includes Contractor's legal business name(s).

20. Disqualification Questionnaire : Bidders shall complete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether a Bidder, any officer of a Bidder, or any employee of a Bidder who has a proprietary interest in the Bidder, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain the circumstances. A bid may be rejected on the basis of a Bidder, any officer or employee of such Bidder, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local project because of a violation of law or a safety regulation.

See Appendix E.

21. Standard Terms and Conditions: The City reserves the right to amend or supplement this IFB prior to the Bid due date. All addendum(s) and additional information will be posted on the plantebids.com website. Proposers should check this web page daily for new information.
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APPENDIX A

SCOPE OF WORK
FOR
IFB2 6 18.C 05843

JACK HAMMETT SPORTS COMPLEX SOCCER FIELD RENOVATION-FIELDS The City of Costa Mesa is requesting proposals for the Jack Hammett Sports Complex Soccer Field Renovation of fields I and II. The work includes: sod cut and remove the entire soccer field from Fields I and II (See Exhibit 1 ), survey the fields using a laser to verify field elevations ensuring surface drainage, import compatible topsoil/sand as necessary to bring the field to grade (imported soil to be compacted and laser leveled, install new TifTuf hybrid Bermuda sod, foll the fields, and apply starter fertilizer to expedite sod establishment.

The general project scope of work includes:

Bid Item 1: Mobilization
Work specified under this item consists of preparatory work and operations at the start of the Contract Work and removal of those items at Contract completion.

Mobilization includes but is not limited to, operations necessary for the movement of personnel, equipment, supplies, and incidentals to the Worksite necessary for work on the project; and for all other work and operations which must be performed or are incidental to beginning work on the various contract items.

Mobilization or staging is available on or around the perimeter of the construction site.

Bid Item 2: Sod Cut, Remove Entire Fields #1 and #2 and Disposal.

This Bid Item shall include, but not limited to material, equipment and labor necessary to sod cut and remove the entire soccer fields #1 and #2 and the removal and disposal of all material from the site. All irrigation components are to be protected in place.

Bid Item 3: Field Survey (LS)
This Bid Item shall include, but not limited to material, equipment, and labor necessary to survey the fields using laser to verify field elevations and ensure surface drainage.

Bid Item 4: Topsoil Placement and Grading
This Bid Item shall also include, but not limit ed to material, equipment, and labor necessary to import and grade compatible topsoil/ sand as necessary to bring the field 11 434
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to grade. The soil import must be incorporated, compacted and laser leveled to minimize crown and ensure proper drainage.

Bid Item 5: TifTuf Sod and Installation
This Bid Item shall also include, but not limit ed to material, equipment, and labor necessary to provide new TifTuf Hybrid Bermuda Sod (large roll) and installation thereof.

Bid Item 6: Sod Esta blishment
The work included in this item shall consist of all the work necessary including, but not limit ed to material, equipment, and labor necessary to roll the field & apply a starter fertilizer to expedite sod establishment. The Contractor shall work with City staff to provide irrigation schedule for the establishment period. **CONTRACTOR TO VERIFY ALL DIMENSIONS AND MEASURMENTS**

ADDITIONAL REQUIREMENTS
• The Contractor shall have the ability to modify or curtail certain tasks and operations at the request of the City's representative. • The Contractor shall maintain work areas with a well-manicured, clean appearance, and all work shall be performed in a professional, workmanlike manner using quality equi pment.
• The Contractor shall recognize that during the course of this contract, the City may have other Contractors conducting other activitie s and/or operations.

Activities may include, but not limit ed to, the following:
o Modifi cation or repair
o Construction
o Storm related operations

CONTRACTOR REQUIREMENTS
• Contractor shall meet all specifi cations and requirements contained herein. No substitutions will be accepted without prior City written approval. • All tools and materials shall always remain in Contractor's possessi on. • All Contractor vehicles parked on site shall always be secure. • Contractor shall ensure all precautions for safety are taken. • Contractor shall obtain a City Building permit if required. • Contractor shall possess a City Business Li cense.
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APPENDIX B

BID SHEET
Soccer Field Renovation - Item Description Est. Qty Unit Price Cost Bid Item 1 - Mobilization 1 $1 9, 900.00 $19 ,900.00
Bid Item 2 - Sod Cut Remove Entire Fields #1 18 8,250 sq. $0.3 4 $ 64,005.00 and #2 �- Bid Item 3 - Field Survey 1 $1 1, 925.00 $ $1 1,9 25.00 Bid Item 4 - Topsoil Placement and Leveling 3,000 CUYD $56.75 $1 70,250.00 Ir ac,tim <:>ta
Bid Item 5 - Provide and Install New TifT u
Hybrid Bermuda Sod (Large Roll))
$1 .0 3 $ 19 3,89 7.50
18 8,250 sq.
ft.

Bid Item 6 - Sod Establ ishment 1 $9,500.00 $ 9,500.00
Total Bid Amount I $ 469,47 7.50
TO THE CITY OF COSTA MESA:

The Undersigned hereby offers and shall furnish the material, labor, special equipment and permits or service in compliance with all terms, scope of work, conditions, specificatio ns, and amendments in the Invitation for Bid which is incorporated by reference as if fully set forth herein. All material is guaran teed to be as specified, all work to be completed in a workmanlike manner according to standard practi ces, according to terms and conditions on the attached hereon and made a part thereof. A Purchase Order will not be issued until the insurance certificate is approved by Risk Management.

For clarification of this offer, contact:

SC APEPROS LAND SCAP ING
Company Name
11 00 E. Orangethorpe Ave Suite #252-F
Address
Anaheim, Ca. 92801
City _ �
Zip
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::------...
1gna ure o erson u onze o 1gn
t1,Q \ %-4..o � �� k,
Printed Name
14 Name : Rolando Cedillo
Title: Secretary
Pho ne: 71 4-51 2-5985
E-mail [email protected]
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APPENDIX C

PREVAILING WAGE
IF B26-1 8.C05843
• This Contract calls for work to be performed constituting public works. Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the State Labor Code, including, but not limited to, Sections 17 70, 17 71, 17 73, 17 73.2 and 17 74.
• This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 17 71 of the Labor Code. Pursuant to the provisions of Section 17 73 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City or may be obtained at
http://www.dir.ca .gov/OPRL/D PreWageDetermination.htm.

Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 17 75, 17 76, 17 77.5, 17 77.6, and 18 13 of the Labor Code.

Pursuant to the provisions of 17 75 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement. • Contractors and subcontractors who are ineligible to bid for work on, or be awarded, a public works project pursuant to Labor Code Sections 17 77. 1 and 17 77.7 are prohibited from bidding on, being awarded, or performing work as a subcontractor, on this Project pursuant to Public Contract Code Section 61 09. • Contractor's attention is directed to the provisions in Sections 17 74, 17 75, 17 76, 17 77.5 and 17 77.6 of the Labor Code. Contractor shall comply with the provisions in these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Pursuant to 15 438
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Section 1775 of the Labor Code, the Contractor and any subcontractors, shall, as a penalty to the City forfeit the prescribed amounts per calendar day, or portion thereof, for each worker paid less than the prevailing wage rates. • Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. • Each Contractor and subcontractor shall furnish the records specified in Labor Code Section 1776 directly to the State Labor Commissioner at least monthly in the format prescribed by the State Labor Commissioner.
• Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.
• Section 1777 .5 of the Labor Code requires Contractor or subcontractor employing workers in any apprentice able occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval.

The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprentice able trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. 16 I
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EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.

I certify that Proposer and Proposer's representatives have not had any communication with a City Councilmember concerning IFB No. 26-1 8 JACK HAMMETT SPORTS COMPLEX SOCCER FIELD RENOVATION at any time after April 15 , 2026.

S_µt d%: ,naure ------- Date: 4/30/2026
Rolando Cedillo
Print
OR
I certify that Proposer or Proposer's representatives have communicated after April 15 , 2026, with a City Councilmember concerning IFB No. 26-1 8 JACK HAMMETT SPORTS COMPLEX SOCCER FIELD RENOVATION. A copy of all such communications is attached to this form for public distribution.

Date : -- --------
Signature
Print

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DISQU ALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:

Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes No X -- --
If the answer is yes, explain the circumst ances in the following space.

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DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of Contractor currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." NONE

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COMPANY PROFILE & REFERENCES (Continued)
Submi t the com pany na mes, addr esses, telephone numb ers, email, contac t name s, and brief contrac t descriptions of at least three clien ts, prefera bly oth er mu nicipali ties for whom com parable projects have been com pleted or sub mit letters from your references wh ich include the requested in formation .

Com pany Name: Anaheim Elem entary School District
Conta ct Name : V ictor Perez
Contract Amoun t: $302 ,000.00
Email: vperezjr@ae sd. org
Addr ess : 141 1 S. Anaheim Blvd Anaheim, Ca.

Brief Co ntract Description : L andscap e & lrrigation 12 0,000 Sqft. Sunkist ES Field Reno vation Bseball /Soccer fields Com pany Name: City Of Whittier
Telephone Numb er: 562-822- 810 3
Contac t Name: Tommy Her rera
Contract Amoun t: $340,0 00.00
Ema il: therrer [email protected] g
Addr ess : 13 230 Penn. St. Whittier Ca.

Brief Cont ract Descrip tion : Landscape & Irrigation Kennedy & Gu iardo Park Reno vations 100,000 sqft Com pany Name: Newport Mesa Un ified School District
Telephone Numb er: 949-6 14 -9076
Cont act Name: Joe Tohme
Contract Amoun t: $1 96, 000.00
Email : joe.tohme@ safeworkinc.c om
Addr ess: 2985 Bear St. Costa Mesa, Ca
Brief Co ntract Descripti on: Costa Mesa High School Varsity Baseball & Softball Turf Field Renovations 12 0,000 sqft.

Com pany Name: Newport Mesa Un ified School District
Telephone Numb er: 714 -679-8292
Cont act Name: JoeTohme
Contr act Amou nt: $1 25,000.00
Email: rschmitz@nmus d.us
Address: 2985 Bear St. Costa mesa, Ca.

Brief Contract Descrip tion: Whittier ES Soccer Field Turf Renovation 80,000 sqft.

Com pany Name: Orange Un ified School District
Telephone Numb er: 71 4-269-5970
Contac t Name : Oscar Frias
Contract Amou nt: $74,000.00
Email : ofrias@or angeusd .org
Addr ess: 14 01 north Handy St. Orange Ca.

Brief Contract Description : Landsca pe & Irrigation Canyon High School Irrigation Design Install and full turf renovation Outdoor area

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EXHIBIT B

BID PACKAGE

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APPENDIX E

FORMS

Vendor Application Form
Ex Parte Communications Certification
Disclosure of Government Positions
Disqualification Questionnaire
Company Profile & References
Bidder/Applicant/Contractor Campaign Contribution

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Costa Mesa City CouncilJune 2, 2026

Costa Mesa City Council
June 2, 2026