Agenda packet — Orange City Council, July 14, 2026 (part 2 of 6)

FOR CASH ACCOUNT: 998-0000-10000- FOR: Cleared and Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 8006653 06/25/2026 PRINTED 002319 WATERLINE TECHNOLOGIES 5,613.35

DOC INVOICE NO ACCOUNT AMOUNT 20775 5799626 600-5802-53201- 503.93 20776 5799623 600-5802-53201- 1,116.29 20777 5799631 600-5802-53201- 535.82 20778 5799628 600-5802-53201- 618.74 20779 5799624 600-5802-53201- 867.52 20780 5799629 600-5802-53201- 956.82 20781 5799627 600-5802-53201- 1,014.23 8006654 06/25/2026 PRINTED 025337 WELLS FARGO BANK N.A. 1,165.95 21047 5039079166 100-1601-56301- 585.22 21047 5039079166 100-2101-56301- 580.73 8006655 06/25/2026 PRINTED 016092 WINZER CORPORATION 156.77 20892 4044808 100-0000-15203- 156.77 8006656 06/25/2026 PRINTED 002801 YO FIRE SUPPLIES 10,502.59 20785 1039707-01 600-5803-81999- 10,502.59 183 CHECKS CASH ACCOUNT TOTAL 2,889,623.24 43,684.85 83 City of Orange

AP CHECK RECONCILIATION REGISTER
Report generated: 06/25/2026 15:47
User: hkittleson
Program ID: apchkrcn

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UNCLEARED CLEARED
183 CHECKS FINAL TOTAL 2,889,623.24 43,684.85 ** END OF REPORT - Generated by Holli Kittleson **
84 Warrant Writing Confirmation Date: 06/25/26 4 of 4 reports for 07/14/26 Council Meeting 06-29-2026
0371
06-30-2026
06-30-2026
06-30-2026
85 Date:

Date:

TOTAL AMOUNT (CHECKS & DIRECT DEPOSIT) :

Total Employees Paid:

Trang Nguyen,
Finance Director
Comments:

Pamela Coleman,
City Clerk
Requestor Signature:

In accordance with Government Code Section 37202, I hereby certify and attest that the referenced demand conforms with the approved budget. I also certify and attest to the accuracy of the demands and the availability of funds for payment thereof.

Please review and approve before:

Comments:

Total Vendors Paid :

City of Orange
Finance Department - PAYROLL

PAYROLL WARRANT INFORMATION
PAY PERIOD:

PAYCHECK DATE:
86 Date:

Date:

TOTAL AMOUNT (CHECKS & DIRECT DEPOSIT) :

Total Employees Paid:

Trang Nguyen,
Finance Director
Comments:

Pamela Coleman,
City Clerk
Requestor Signature:

Please review and approve before:

Comments:

Total Vendors Paid :

City of Orange
Finance Department - PAYROLL

PAYROLL WARRANT INFORMATION
PAY PERIOD:

PAYCHECK DATE:
87 Agenda Item
Orange City Council
Item #: 3.3. 7/14/2026 File #: 26-0325
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meetings held on June 9, and June 23 2026; and Special Meeting held on June 29, 2026

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meetings.

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· June 9, 2026, Regular Meeting minutes
· June 23, 2026, Regular Meeting minutes
· June 29, 2026, Special Meeting minutes
City of Orange Printed on 7/10/2026Page 1 of 1
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88 Agenda Item
Orange City Council
Item #: 3.3. 7/14/2026 File #: 26-0325
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meetings held on June 9, and June 23 2026; and Special Meeting held on June 29, 2026.

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meetings.

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· June 9, 2026, Regular Meeting minutes
· June 23, 2026, Regular Meeting minutes
· June 29, 2026, Special Meeting minutes
City of Orange Printed on 7/9/2026Page 1 of 1
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89 City of Orange
Orange City Council
June 09, 2026

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, June 9, 2026, at 6:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:04 p.m.

1.1 INVOCATION
Given by Pastor Eric Turbedsky from Sovereign Grace Church of Orange.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember John Gyllenhammer.

1.3 ROLL CALL

Present: Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and Slater

Absent: None
Councilmember Dumitru jointed the meeting at 6:36 p.m.

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation celebrating the 75th birthday of Eva Perez

2. PUBLIC COMMENTS
Public Speakers:

Greg Arrowsmith offered scrutiny of the State budget.

Bob Feenstra described an incident that occured at a local post office.

Bennett Meltzer spoke regarding construction activity at 1465 Batavia.

Cesar Grijalva requested a code exemption to permit the storage of a boat on his property.

Jonathan Zimmerman asked staff to work with Chapman University to address concerns related to Chapman students.

Dan Swoish spoke about a billboard recently installed in his neighborhood.

Mary Oberschlake commented on behalf of Ryan Johnson regarding a contract recently approved for use of Flock cameras.

Bruce Finn expressed concerns with traffic and speeding in the Old Towne area.

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Simon Gounder spoke about the increase in the homeless population in the Plaza area, as well as weekend traffic and pedestrian safety concerns.

3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff, or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar.

3.1. Waive reading in full of all ordinances on the Agenda ACTION: Approved.

3.2. Confirmation of accounts payable warrant registers dated May 7, 14, 21, and 28, 2026 and payroll check registers dated May 8 and 22, 2026 ACTION: Ratified the accompanying registers.

3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on May 12, 2026.

ACTION: Approved minutes as presented.

3.4. Agreement with All City Management Services, Inc. for crossing guard services during Fiscal Year 2026-2027 and 2027-2028
Item 3.4 was removed from the Consent Calendar for separate consideration by Mayor Slater.

Mayor Slater requested the school district contribute toward the cost of the crossing guard services agreement.

ACTION: A motion was made by Mayor Slater, seconded by Councilmember Gutierrez, to approve a two -year agreement with All City Management Services, Inc. in the amount of $ 915,000, representing the cost of crossing guard services of $ 884,340, plus a contingency of $ 30,660; and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

3.5. Agreement with Western A /V for Council Chamber audio -visual presentation system upgrades
A speaker card was submitted for Item 3.5; therefore, the item was removed from the Consent Calendar for separate consideration.

Public Speaker:

Reggie Mundekis spoke in support of approval.

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ACTION: A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to approve the agreement with Western A /V in the amount of $ 130,470.82 for Council Chambers audio -visual presentation system upgrades; and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

3.6. First Amendment to Agreement with CR&R Incorporated for Integrated Solid Waste Management suspending the Road Mitigation Payment and updating fees paid to the City
ACTION: Approved First Amendment to Agreement with CR&R Incorporated to suspend the existing Road Mitigation Payment and adopt a new encroachment -based Franchise Fee set at the same annual dollar amount as the Road Mitigation Payment currently in effect; and authorized the Mayor and City -Clerk to execute on behalf of the City.

3.7. Adoption of four projects into the Capital Improvement Plan; acceptance and appropriation of $ 1,628,550 in designated grant funding from the California Department of Transportation; and appropriation of $ 180,950 in local matching funds
ACTION: 1) Adopted the following four projects into the City ’s Capital Improvement Plan:
265125 Flashing Beacon Installation at Four (4) School Crossings 265126 HSIP Bike Lane Enhancements
265127 Signal Head Indication Upgrades
265128 Edgeline Striping Installation at Various Locations 2) Accepted into the City ’s Reimbursable Capital Projects (550) revenue budget $1,628,550 in grant funding from the California Department of Transportation to:
550-5703-43201-265125 Flashing Beacon Installation at 4 School Crossings $349,740 550-5703-43201-265126 HSIP Bike Lane Enhancements $349,920 550-5703-43201-265127 Signal Head Indication Upgrades $661,320 550-5703-43201-265128 Edgeline Striping Installation at Various Locations $267,570 3) Authorized the appropriation of $ 1,628,550 into Reimbursable Capital Projects (550):
550-5703-87101-265125 Flashing Beacon Installation at 4 School Crossings $349,740 550-5703-87102-265126 HSIP Bike Lane Enhancements $349,920 550-5703-87101-265127 Signal Head Indication Upgrades $661,320 550-5703-87102-265128 Edgeline Striping Installation at Various Locations $267,570 4) Authorized the appropriation of $ 180,950 from the Measure M -Traffic Improvement (263) unreserved fund balance to:
263-5703-87101-265125 Flashing Beacon Installation at 4 School Crossings $38,860 263-5703-87102-265126 HSIP Bike Lane Enhancements $38,880 263-5703-87101-265127 Signal Head Indication Upgrades $73,480 263-5703-87102-265128 Edgeline Striping Installation at Various Locations $29,730

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3.8. Award of OMNIA Partners Contract to Milliken Services, LLC for carpet and flooring replacement at Fire Stations 3, 7, and 8; and finding of California Environmental Quality Act exemption
ACTION: 1) Approved the contract with Milliken Services, LLC in the total amount of $90,785, representing an original proposal amount of $ 82,532, plus a 10% contingency of $ 8,253, for carpet and flooring replacement at Fire Stations 3, 7, and 8; and authorized the Mayor and City Clerk to execute on behalf of the City. 2) Found that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 - Existing Facilities).

3.9. Second Reading and adoption of Ordinance No. 05-26 amending Chapter 5.100 of the Orange Municipal Code to eliminate certain restrictions on the retail sale of tobacco and tobacco products and provide clarification on the transferability of Tobacco Retailer Permits
ACTION: Adopted Ordinance No. 05-26.

3.10. Second Reading and adoption of Ordinance No. 06-26 approving Zone Change No. ZC25-0002 to change the zoning classification from Limited Business Tustin Redevelopment Project Area (C-TR) to Residential Multiple Family (R-3) on a

4.23-acre site located at 2375 N Tustin Street
Note: Councilmember Gutierrez registered a no vote.

ACTION: Adopted Ordinance No. 06-26.

3.11. Second Reading and adoption of Ordinance No. 07-26 amending Title 17 of the Orange Municipal Code to comply with State law regarding Residential Care Facilities (Health and Safety Code Sections 1267.16 and 1500-1569.889) ACTION: Adopted Ordinance No. 07-26.

3.12. Authorize purchase of Police Department uniforms from Galls, LLC.

ACTION: Approved the purchase of Police Department uniforms from Galls, LLC for $130,000.

3.13. Approval of Final Tract Map for Tract 18163 for the Mabury 22 project located at 6000 E. Mabury Avenue
ACTION: Approved Final Map for Tract 18163.

3.14. Approval of the Fiscal Year 2026-2027 Pavement Management Program budget to incorporate a list of eight arterial streets to be funded by SB 1 (The Road Repair and Accountability Act) and appropriate Road Maintenance and Rehabilitation Account funding
ACTION: Adopted Resolution No. 11694. A Resolution of the City Council of the City of Orange approving the 2026-2027 Pavement Management Program budget to incorporate a list of eight streets to be funded by SB 1: the Road Repair and Accountability Act of 2017 and appropriate Road Maintenance and Rehabilitation Account (RMRA) funding.

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3.15. Community Facilities District No. 06-1 Del Rio Public Improvements 2026 Special Tax Refunding Bonds
Item 3.15 was removed from the Consent Calendar for separate consideration by staff.

Staff provided the City Council with an opportunity for discussion, as the item includes adoption of a resolution authorizing the issuance of Tax Refunding Bonds.

ACTION: A motion was made by Councilmember Gyllenhammer, seconded by Councilmember Gutierrez, to adopt Resolution No. 11701. A Resolution of the City Council of the City of Orange, acting as the Legislative Body of City of Orange Community Facilities District No. 06-1 (Del Rio Public Improvements ), authorizing the issuance of its 2026 Special Tax Refunding Bonds and approving certain documents and taking certain other actions in connection therewith. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

Approval of the Consent Calendar
Items 3.4, 3.5, and 3.15 were removed from the Consent Calendar and heard separately. Councilmember Gutierrez registered a no vote on Item 3.10. All other items were approved as recommended.

A motion was made by Councilmember Dumitru, seconded by Councilmember Barrios, to approve the Consent Calendar as recommended. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

END OF CONSENT CALENDAR
* * * * * * * *

4. REPORTS FROM MAYOR SLATER

4.1. Review of Council Meeting Decorum Standards
Mayor Slater reviewed OMC 2.04.210 regarding decorum and reminded Councilmembers of their responsibility to maintain order and decorum during Council meetings, including in interactions with City staff.

5. REPORTS FROM COUNCILMEMBERS

5.1. Highlight Local Business (Gutierrez)
Councilmember Gutierrez highlighted the following local business: Pacific Coast Hot Dogs (PCH).

6. AB 1234 REPORTS
None

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7. REPORTS FROM CITY MANAGER
None

8. PUBLIC HEARINGS

8.1. Public hearing and reporting on City of Orange vacancies pursuant to Government Code 3502.3
Mayor Slater opened the Public Hearing at 6:53 p.m.; there being no speakers, Mayor Slater closed the Public Hearing at 6:53 p.m.

A motion was made by Councilmember Gyllenhammer, seconded by Councilmember Barrios, to receive and file report of City vacancies, recruitment, and retention efforts .

The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

8.2. Public Hearing to consider adoption of the City of Orange 2025 Urban Water Management Plan and 2025 Water Shortage Contingency Plan and Introduction and First Reading of Ordinance No. 10-26 updating regulations to prohibit potable water from being used to irrigate non-functional turf areas Mayor Slater opened the Public Hearing at 6:55 p.m.; there being no speakers, Mayor Slater closed the Public Hearing at 6:55 p.m.

A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to: 1) Adopt Resolution No. 11692. A Resolution of the City Council of the City of Orange adopting the City of Orange 2025 Urban Water Management Plan and 2025 Water Shortage Contingency Plan. 2) Introduce and conduct First Reading of Ordinance No. 10-26. An Ordinance of the City Council of the City of Orange prohibiting potable water from being used to irrigate areas of non -functional turf. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

8.3. Public Hearing to consider approval of the Landscape Maintenance Assessment Districts 86-2 (Santiago Hills ), and 15-1 (Santiago Hills Overlay) Final Engineer ’s Report for Fiscal Year 2026-2027
Councilmember Gyllenhammer recused himself from Item 8.3 due to a potential conflict with a nearby property interest and left the dais at 6:57 p.m.

Mayor Slater opened the Public Hearing at 6:58 p.m.; there being no speakers, Mayor Slater closed the Public Hearing at 6:58 p.m.

City Clerk Coleman verified no written protests had been received.

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A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to 1) Adopt Resolution No. 11695. A Resolution of the City Council of the City of Orange approving the Engineer's Report and providing for the annual assessment for Landscape Maintenance Assessment Districts 86-2 (Santiago Hills ) and 15-1 (Santiago Hills Overlay). 2) Establish the assessment per single family detached unit per year for Fiscal Year 2026-2027 for Landscape Maintenance Assessment Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay) at $ 369.44 and $ 287.68 respectively for single family detached, and $ 221.66 and $ 204.25 respectively for condominiums. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, and SlaterAyes:

NoneNoes:

NoneAbsent:

GyllenhammerRecuse:

Councilmember Gyllenhammer returned to the dais at 6:59 p.m.

8.4. Public Hearing to consider approval of the Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) Final Engineer ’s Report for Fiscal Year 2026-2027
Mayor Slater opened the Public Hearing at 7:00 p.m.; there being no speakers, Mayor Slater closed the Public Hearing at 7:00 p.m.

City Clerk Coleman verified no written protests had been received.

A motion was made by Councilmember Gutierrez, seconded by Councilmember Barrios, to: 1) Adopt Resolution No. 11696. A Resolution of the City Council of the City of Orange approving the Engineer's Report and providing for the annual assessment for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing). 2) Establish the assessment for Fiscal Year 2026-2027 for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) at $ 293.08 per single family unit per year. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

8.5. Continued Public Hearing to consider Introduction and First Reading of Ordinance No. 04-26 adding Chapter 8.38 of Title 8 (“Health and Safety ”) to the Orange Municipal Code relating to maintenance and security standards for unoccupied or abandoned properties and adoption of fees and fines for regulations, monitoring and progressive administrative citations (Continued from May 26, 2026)
A motion was made by Councilmember Barrios, seconded by Councilmember Dumitru, to continue this item to the June 23, 2026, Regular City Council meeting. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

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9. ADMINISTRATIVE REPORTS

9.1. Fiscal Year 2026-2027 City of Orange Operating Budget and Five -Year Capital Improvement Program
Finance Director Trang Nguyen and Assistant Finance Director Michelle Kresan presented the staff report utilizing a PowerPoint presentation.

Council discussed potential actions should the sales tax measure not pass in November, including conducting public budget study sessions, evaluating expenditure reductions and service level adjustments, and other fiscal measures necessary to support the City's long -term fiscal sustainability. Councilmember Barrios made a motion to amend Resolution No. 11702 with the following language added in the preamble:

WHEREAS, the City Council recognizes that the City's long -term financial projections identify a structural imbalance between ongoing revenues and expenditures; and
WHEREAS, the City Council has placed a local transaction and use tax measure before the voters to provide funding for essential City services, infrastructure maintenance, public safety, parks, homelessness response, and other community priorities; and
WHEREAS, absent approval of such measure, the City will be required to consider expenditure reductions, service level adjustments, and other fiscal measures necessary to maintain long-term fiscal sustainability; and WHEREAS, it is the intent of the City Council that, in the event the measure is not approved by the voters, the City Council shall conduct a public budget study session no later than January 2027 and direct staff to develop and present a comprehensive fiscal stabilization plan identifying expenditure reductions, service level adjustments, position eliminations, and other corrective measures necessary to eliminate the City's ongoing structural budget imbalance and restore long -term fiscal sustainability.

The motion was seconded by Councilmember Tavoularis.

During further discussion, Councilmember Gyllenhammer stated that he could not support adoption of the budget unless it was balanced.

A motion was made by Councilmember Barrios, seconded by Councilmember Tavoularis, to:
1) Adopt amended Resolution No. 11702 with the added language to the preamble as stated by Councilmember Barrios. A Resolution of the City Council of the City of Orange adopting said City's Budget for the Fiscal Year 2026-27 and authorizing transfer of funds within and between appropriations, transfer of funds between funds, and additional appropriations.
a. Total revenues of $ 292.4 million and total expenditures of $ 315.7 million, including transfers.

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b. General Fund revenues totaling $ 170.7 million and expenditures totaling $ 169.6 million;
c. Staffing for Fiscal Year 2026-2027 at 708.7 budgeted FTEs; and d. Five-Year Capital Improvement Program.
2) Adopt Resolution No. 11699. A Resolution of the City Council of the City of Orange adopting the appropriations limit for the Fiscal Year 2026-2027. 3) Adopt Resolution No. 11700. A Resolution of the City Council of the City of Orange amending Resolution No. 11668 between the City of Orange and the Orange Municipal Employees' Association.

The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, and SlaterAyes:

GyllenhammerNoes:

NoneAbsent:

9.2. Resolutions declaring certain real properties of the City of Orange and formerly the Successor Agency to the Orange Redevelopment Agency as Surplus Land and Exempt Surplus Land pursuant to the California Surplus Land Act (Government Code Sections 54220 et seq.)
Senior Administrative Analyst Taylor Samuelson presented the staff report utilizing a PowerPoint presentation.

Public Speakers:

Reggie Mundekis spoke in support.

Doug Redding expressed concerns with declaring historical homes and properties as surplus.

During Council discussion, staff clarified that declaring properties as surplus does not obligate the City to sell them and that properties may be removed from the surplus land list at any time and properties remain contributing historical assets with protections.

A motion was made by Councilmember Barrios, seconded by Councilmember Gyllenhammer, to:
1) Adopt Resolution No. 11697. A Resolution of the City Council of the City of Orange declaring certain real properties to be exempt surplus land pursuant to the Small Parcel Exemption of the Surplus Land Act (Government Code Section 54221(f)(1)(B)), making findings in support thereof, and authorizing the City Manager to take all actions necessary to effect the disposition of such properties. 2) Adopt Resolution No. 11698. A Resolution of the City Council of the City of Orange declaring certain real properties to be surplus land pursuant to the Surplus Land Act (Government Code Section 54221(b)), making findings in support thereof, directing staff to comply with the notice and negotiation requirements of the Surplus Land Act, and authorizing the City Manager to take all actions necessary to effect the disposition of such properties.
3) Authorize the City Manager, or designee, to take all actions necessary to effectuate the disposition of the subject properties consistent with the resolutions, the Surplus Land Act and HCD Guidelines, the Long Range Property Management Plan and Dissolution Act (to the extent applicable ), and other applicable law, including transmitting all required findings, notices, and documentation to the California Department of Housing and Community Development through the Surplus Land Portal.

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The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

9.3. Brown Act Updates (SB 707) Presentation
City Clerk Pamela Coleman presented the staff report utilizing a PowerPoint presentation and reviewed the new requirements established under SB 707.

Public Speaker:

Mary Oberschlake spoke in support of the new requirements.

A motion was made by Councilmember Barrios, seconded by Councilmember Dumitru, to adopt Resolution No. 11703. A Resolution of the City Council determining reasonable efforts to encourage public participation in City Council meetings pursuant to Government Code Section 54953.4. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

10. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:42 p.m.

The next Regular City Council meeting will be held on Tuesday, June 23, 2026, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________ PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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99 City of Orange
Orange City Council
June 23, 2026

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, June 23, 2026, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor Slater called Closed Session to order at 5:01 p.m.

1.1 ROLL CALL

Present: Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and Slater

Absent: Bilodeau

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:02 p.m. with all Members present, except Mayor pro tem Bilodeau who was absent, to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - One case Name of Case: Chapman BCB, LLC.

United States Bankruptcy Court Case No. 8:25-bk-11286

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 5:35 p.m.

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Orange City Council Minutes - Draft June 23, 2026
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:02 p.m.

1.1 INVOCATION
Given by Provided by Father Joseph Tran from Holy Family Catholic Church.

1.2 PLEDGE OF ALLEGIANCE
Led by Led by Councilmember Arianna Barrios.

1.3 ROLL CALL

Present: Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and Slater

Absent: Bilodeau

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing July 2026 as “Parks Make Life Better® Month” Proclamation celebrating the 100th birthday of Orange resident Phyllis Taylor Proclamation honoring the 2026 Housing Solutions and American Success Summit held at Chapman University in observance of National Homeownership Month

1.5 REPORT ON CLOSED SESSION ACTIONS
None

2. PUBLIC COMMENTS
Public Speakers:

Dan Swoish spoke about a billboard installed in his neighborhood.

Greg Arrowsmith spoke regarding the salary of State Investment Officers.

David Faraone expressed support for the Sales Tax Measure appearing on the November 3, 2026, ballot.

Ric Olsen, Sons of the American Revolutionary War, presented an overview of U .S.

History focused on events of the American Revolutionary War.

Mary Oberschlake commented on behalf of Ryan Johnson regarding concerns related to Flock cameras.

James Kushon expressed disappointment regarding the lack of America 250 celebrations in Orange.

Written Public Comments
Janice Brownfield submitted an email requesting the City's support of State legislation intended to address rising utility costs.

Daniel Martinez submitted an eComment suggesting the City host a community block party or picnic to clebrate America 250.

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Orange City Council Minutes - Draft June 23, 2026

3.1. Waive reading in full of all ordinances on the Agenda ACTION: Approved.

3.2. Approval of minutes of the City of Orange City Council Regular Meeting held on May 26, 2026; and Special Meeting held on June 3, 2026
ACTION: Approved minutes as presented.

3.3. Agreements with Archie ’s Towing and Southside Towing for Towing and Storage Services
ACTION: 1) Approved the agreements with Archie ’s Towing and Southside Towing for Towing and Storage Services; and authorized the Mayor and City Clerk to execute on behalf of the City.
2) Approved the Fee Schedule for Contracted Tow Companies, effective July 1, 2026.

3.4. Agreement with Major League Softball, Inc ., for Ball Field Maintenance and Adult Softball Program Services
ACTION: 1) Approved the agreement with Major League Softball, Inc. to administer the City’s adult softball program for a five -year term commencing July 1, 2026, and authorized the Mayor and City Clerk to execute on behalf of the City. 2) Authorized the City Manager to execute optional renewals as outlined in the agreement.

3.5. Appropriation of $ 118,334.68 in designated Public Safety Realignment /Assembly Bill 109 funding received from the County of Orange
ACTION: 1) Accepted into the City ’s General Fund (100) revenue budget a $118,334.68 deposit from the County of Orange to:
100-4131-43299-254024 Other - Post Release Community Supervision 2) Authorized the appropriation of $118,334.68 into General Fund (100):
100-4131-51003-254024 Overtime - Post Release Com. Supervision $105,455.60 100-4131-53199-254024 Miscellaneous Operating Supplies $12,879.08

3.6. Award of Contract to CJ Concrete Construction, Inc. for Annual Concrete Replacement at Various Locations FY 2025-2026 and appropriation of funds ACTION: 1) Approved the contract with CJ Concrete Construction, Inc. in the amount of $ 597,816 representing an original amount of $ 519,840 plus a 15% contingency of $77,976 for Annual Concrete Replacement at Various Locations FY 2025-2026; and authorized the Mayor and City Clerk to execute on behalf of the City. 2) Authorized the appropriation of $ 190,000 from the Measure M - Traffic Improvement (263) unreserved fund balance to:
263-5101-87102-255702 Pavement Management Program

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3) Authorized the appropriation of $ 50,600 from the Capital Projects Fund (500) unreserved fund balance to:
500-5704-87101-265072 Minor Traffic Control Devices

3.7. Notice of Completion and Acceptance for Main Street and Providence Avenue Sewer Improvements and Tustin Street Storm Drain Rehabilitation ACTION: 1) Accepted Main Street and Providence Avenue Sewer Improvements and Tustin Street Storm Drain Rehabilitation as complete.
2) Authorized City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

3.8. Second Reading and adoption of Ordinance No. 10-26 prohibiting potable water from being used to irrigate areas of non-functional turf ACTION: Adopted Ordinance No. 10-26.

3.9. Authorize the purchase of materials and supplies for water maintenance operations from various vendors
ACTION: Authorized the Fiscal Year 2026-2027 purchase orders for miscellaneous materials and supplies for a total of $1,940,000.

3.10. Temporary suspension of neighborhood permit parking restrictions in Permit Parking Areas “D” and “G”
ACTION: Approved the temporary suspension of permit parking restrictions in Permit Parking Areas “D” and “G”, on Saturday, August 1, 2026.

3.11. Status and update of the Local Signal Synchronization Plan and the Pavement Management Program for the Measure M 2 program, and approval of the City ’s Measure M 2 Seven Year CIP for Fiscal Years 2026-2027 through 2032-2033 and the addition of four Council approved projects to the Measure M 2 Seven Year CIP for Fiscal Years 2025-2026 through 2031-2032
ACTION: 1) Adopted Resolution No. 11693. A Resolution of the City Council of the City of Orange concerning the status and update of the Pavement Management Program for the Measure M (M2) Program.
2) Adopted Resolution No. 11704. A Resolution of the City Council of the City of Orange concerning the update of the Local Signal Synchronization Plan for the Measure M (M2) Program.
3) Approved the Measure M 2 Seven-Year Capital Improvement Program for Fiscal Year 2026-2027 through 2032-2033 to comply with Measure M2 eligibility criteria. 4) Approved the addition of the following Council approved CIP projects to the Measure M2 Seven-Year Capital Improvement Program for Fiscal Year 2025-2026 through 2031-2032:

Project Number 265125 - Flashing Beacon Installation at Four School Crossings Project Number 265126 - HSIP Bike Lane Enhancements
Project Number 265127 - Signal Head Indication Upgrades Project Number 265128 - Edgeline Striping Installation at Various Locations 5) Authorized staff to submit M 2 eligibility documentation to the Orange County Transportation Authority.

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3.12. Adoption of Resolution No. 11705 amending the submission to the qualified electors of the City a certain measure relating to expanding and increasing the City’s transient occupancy tax
ACTION: Adopted Resolution No. 11705. A Resolution of the City Council of the City of Orange amending the submission to the qualified electors of the City a certain measure relating to expanding and increasing the rate of the City ’s transient occupancy tax at the November 3, 2026, General Municipal Election as called by Resolution No. 11669 and Resolution No. 11690.

Approval of the Consent Calendar
A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to approve the Consent Calendar as presented. The motion carried by the following vote:

Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

BilodeauAbsent:

END OF CONSENT CALENDAR
* * * * * * * *

4. REPORTS FROM MAYOR SLATER
Mayor Slater announced current vacancies on various Boards, Commissions, and Committees.

5. REPORTS FROM COUNCILMEMBERS
None

6. AB 1234 REPORTS
None

7. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

7.1. Reappointment of Planning Commissioner David Vazquez A motion was made by Councilmember Dumitru, seconded by Councilmember Gyllenhammer, to confirm Mayor Slater's recommendation to reappoint David Vazquez to the Planning Commission for a four -year term commencing July 1, 2026, and expiring June 30, 2030. The motion carried by the following vote:

Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

BilodeauAbsent:

8. REPORTS FROM CITY MANAGER
None

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9. PUBLIC HEARINGS

9.1. Continued Public Hearing to consider Introduction and First Reading of Ordinance No. 04-26 adding Chapter 8.38 of Title 8 (“Health and Safety ”) to the Orange Municipal Code relating to maintenance and security standards for unoccupied or abandoned properties and adoption of fees and fines for regulations, monitoring and progressive administrative citations (Continued from June 9, 2026)
Mayor Slater opened the Public Hearing at 6:43 p.m.

Public Speakers:

Reggie Mundekis spoke in support of the item.

Laura Taylor spoke in support of the item.

Mayor Slater closed the Public Hearing at 6:46 p.m.

Staff confirmed the Apartment Association of Orange County supports the ordinance as written, following the removal of the registration requirement.

A motion was made by Councilmember Gutierrez, seconded by Councilmember Barrios, to:
1) Introduce and conduct First Reading of Ordinance No. 04-26. An Ordinance of the City Council of the City of Orange adding Chapter 8.38 to the Orange Municipal Code relating to the maintenance and security standards for unoccupied or abandoned properties.
2) Adopt Resolution No. 11687. A Resolution of the City Council of the City of Orange amending the City's Master Fee Schedule setting the amount of fees and fines for regulations, monitoring and progressive administrative citations relating to unoccupied or abandoned properties as contained in newly added Chapter 8.38 of the Orange Municipal Code. The motion carried by the following vote:

Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

BilodeauAbsent:

9.2. Second Public Hearing to discuss and consider a draft City Charter Deputy City Manager Jack Morgan presented the staff report utilizing a PowerPoint presentation and reviewed the items of interest raised during the previous Public Hearing.

Mayor Slater opened the Public Hearing at 7:03 p.m.

Public Speakers:

Curt Peterson spoke in support of adopting a charter.

Mary Oberschlake spoke in opposition to adopting a charter.

Reggie Mundekis spoke in opposition to adopting a charter.

Mayor Slater closed the Public Hearing at 7:06 p.m.

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During discussion, Council expressed concerns regarding provisions in the draft related to Council districts, the extension of Council terms, and the holding of concurrent elected offices.

With Council consensus, staff was directed to return with a revised charter for consideration at the July 14 meeting.

10. ADMINISTRATIVE REPORTS

10.1. Progress update regarding the 2025 Design Review Committee (DRC) Ordinance No. 18-25
Planning Manager Hayden Beckman provided an update on the outcomes resulting from the revisions to the Design Review Committee ordinance at the end of 2025.

The report was received and filed.

10.2. Policies and Procedures for the Business Assistance Fa çade Program funded through the Community Development Block Grant Program
A motion was made by Councilmember Gutierrez, seconded by Councilmember Barrios, to:
1) Approve the Policies and Procedures for the Business Assistance Façade Program. 2) Submit the Policies and Procedures for the Business Assistance Fa çade Program to the Department of Housing and Urban Development for approval.

The motion carried by the following vote:

Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

BilodeauAbsent:

10.3. Adoption of the revised Fiscal Years 2025-2030 Citywide Strategic Plan Deputy City Manager Morgan provided a brief overview of the revisions.

A motion was made by Councilmember Gutierrez, seconded by Councilmember Dumitru, to adopt the revised Fiscal Years 2025-2030 Citywide Strategic Plan. The motion carried by the following vote:

Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

BilodeauAbsent:

10.4. Review draft Resolution No. 11689 reaffirming the City ’s commitment to responsible stewardship of the public’s money
Deputy City Manager Morgan reviewed the changes made to the resolution reaffirming the City's commitment to responsible financial stewardship.

Council discussed proposed language regarding the City's support for vulnerable populations, the prioritization of fiscal responsibility, and potential revisions to the title "The Contract with Orange."
During discussion, Councilmember Barrios proposed reordering the sections of the resolution by moving current Section 5 Fiscal Responsibility and Balanced Budgeting to

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Section 1, current Section 6 Pension and Other Post -Employment Benefits Liability Reduction and Long -Term Sustainability to Section 2, and current Section 2 Independent Oversight Committee to Section 3.

A motion was made by Mayor Slater, seconded by Councilmember Dumitru, to adopt amended Resolution No. 11689 with the following revisions: reordering Sections 5, 6, and 2 as proposed by Councilmember Barrios; revising the title to "Rebuild Orange; " deleting the phrase "will support vulnerable populations in our community that need assistance" from Section 8; and inserting "homeless prevention" after "emergency response readiness" in Section 1. The motion carried by the following vote:

Dumitru, Gutierrez, Tavoularis, and SlaterAyes:

Barrios, and GyllenhammerNoes:

BilodeauAbsent:

11. LEGAL AFFAIRS

11.1. Introduction and First Reading of Ordinance No. 11-26 amending Chapter 10.40 of the Orange Municipal Code pertaining to parking meter zones Administrative Manager Laura Lombardo provided a brief staff report and confirmed the ordinance would extend parking meter time limits.

A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to Introduce and conduct First Reading of Ordinance No. 11-26. An Ordinance of the City Council of the City of Orange amending Chapter 10.40 of the Orange Municipal Code pertaining to parking meter zones. The motion carried by the following vote:

Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

BilodeauAbsent:

12. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:10 p.m.

The next Regular City Council meeting will be held on Tuesday, July 14, 2026, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

A Special meeting will be held on Monday, June 29, 2026, at 4:00 p.m., in the Council Chamber.
______________________ _________________________ PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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Orange City Council
June 29, 2026

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Monday, June 29, 2026, at 4:00 p.m. in a Special Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
4:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 4:04 p.m.

1.1 PLEDGE OF ALLEGIANCE
Led by Councilmember Jon Dumitru.

1.2 ROLL CALL

Present: Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and Slater

Absent: None
Mayor pro tem Bilodeau joined the meeting at 4:09 p.m.

1.3 PRESENTATIONS
Proclamation recognizing the United States Semiquincentennial (1776-2026)

2. PUBLIC HEARINGS

2.1. Public Hearing to Receive the Required Report and Consider Extending Interim Urgency Ordinance No. 08-26 Establishing a Temporary Moratorium on New Massage Establishments
Senior Code Compliance Officer Adam Davis provided a brief staff report.

Mayor Slater opened the Public Hearing at 4:09 p.m.

Public Speakers:

The following spoke in support of adoption: Carolyn Cavecche, Sean Chavarria, and Brandy Romero.

Mayor Slater closed the Public Hearing at 4:13 p.m.

Council discussed the current number of massage establishments in the City and the illegal activity occurring at some establishments.

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A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to adopt Urgency Ordinance No. 08-26-A extending Interim Urgency Ordinance No. 08-26 establishing a temporary moratorium on new massage establishments and the expansion of existing massage establishments for an additional twenty-two (22) months and fifteen (15) days while the City completes its review and adoption of updated Municipal Code and Zoning Code regulations. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

3. CLOSED SESSION
The City Council recessed to Closed Session at 4:23 p.m. with all Members present to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - One case Name of Case: Cole McDonough v. City of Orange, et al.

United States District Court Case No. 8:26-cv-00881-JDE

4. CLOSED SESSION REPORT
Council reconvened in Regular Session at 4:38 p.m. with nothing to report.

5. ADJOURNMENT
There being no further business, the meeting was adjourned at 4:38 p.m.

The next Regular City Council meeting will be held on Tuesday, July 14, 2026, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________ PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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Agenda Item
Orange City Council
Item #: 3.4. 7/14/2026 File #: 26-0185
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Steven Scardina, Information Technology Manager

1. SUBJECT
Agreement with Triad Consulting & System Design Group, L.L.C. for security consulting services

2. SUMMARY
Triad Consulting proposes to serve as the City’sindependent oversight and monitoring partner for its security systems, ensuring continuous uptime, proper maintenance, and reliable performance across cameras, access control, LPR, servers, and related infrastructure.

3. RECOMMENDED ACTION
Approve the two-year with three optional annual extensions agreement with Triad Consulting & System Design Group, L.L.C. in the amount of $147,000.00 for security consulting services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expense for the two-year agreement is $147,000.00 and will be funded through General Fund (100):
100-1601-56999 Other repair and maintenance services
The two-year agreement total is $147,000.00. Costs for year 1 is $77,400.00 and year 2 is $69,600.

Year 1 contains a one-time configuration and setup cost and therefore higher than year 2. Optional years 3, 4, and 5 are $73,080.00, $76,734.00, and $80,570.00 respectively.

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
The City has made significant investments in a security system platform initially starting with a City Council approval August 11, 2015. The initial procurement occurred to acquire cameras and license plate readers at the parking structure and train station followed by subsequent camera replacements for the Police and Library facilities. Further expansions occurred at various parks and other City facilities for cameras, duress buttons, and access control now encompassing a total of 340 cameras and 140 doors.

The system has grown so large it is difficult to manage with internal resources. Since 2019, the City has increasingly relied on Triad Consulting for their expertise in security and specific knowledge of City of Orange Printed on 7/10/2026Page 1 of 2
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has increasingly relied on Triad Consulting for their expertise in security and specific knowledge of the City’s security platform utilizing the Genetec software. Since 2021, the maintenance of the security platform system has been provided by Siemens as a security integrator. Their current contract is set to expire this fall. A request for proposal (RFP) is currently being drafted to competitively evaluate security integrators to support the system. This creates a unique opportunity to reexamine how maintenance of the system is conducted.

Triad Consulting proposes a practical and cost-effective solution to strengthen oversight of the City of Orange’ssecurity system. Rather than performing hands-on maintenance themselves, Triad would serve as the City’sindependent expert manager and 24/7 monitor, ensuring the security integrator delivers reliable performance across cameras, access control, license plate recognition, and supporting infrastructure. With Triad assuming these responsibilities, the City can reduce responsibilities provided by a security integrator.

Triad proposes to also act as the City’sdedicated oversight and monitoring partner, ensuring the system stays healthy, secure, and fully operational. Triad will independently monitor the overall health of the City's security platform and oversee the performance of the security integrator, verifying that contractual maintenance obligations are fulfilled and advising the City regarding system performance.

Instead of relying on the security integrator’sself-reporting, Triad will verify all work, track issues, and ensure proper certifications and background checks, and confirm repairs and preventative maintenance are done correctly. This ensures accountability and avoids system failures caused by missed or low-quality maintenance.

In addition, Triad will manage software and firmware updates, cybersecurity alerts, lifecycle tracking, asset inventories, and health dashboards, giving the City one organized view of its entire security environment. This reduces surprises, extends equipment life, and supports better budgeting. With automated monitoring, Triad will identify issues immediately, determine whether they are hardware or software related, and coordinate the right team to fix the problem. The City gets faster resolution and clearer communication. Through lifecycle management and performance analytics, Triad will help the City plan replacements, upgrades, and maintenance proactively reducing emergency costs and limiting system downtime.

Overall, this arrangement delivers value by providing continuous remote system monitoring and catches problems early, preventive maintenance is completed on schedule, software and firmware updates are properly managed, and every repair or change is tracked with full accountability. Triad will provide structure, expertise, and real-time visibility to a system that has become complex and critical to manage informally.

Staff anticipates a lower overall cost for the security platform maintenance by shifting some of that responsibility to Triad with an expected overall reduction in scope and cost for the security platform system maintenance. The RFP for a security integrator is greatly influenced by this proposed oversight contract as it significantly affects the security integrator RFP scope. Upon approval, staff will immediately finalize an RFP for a security integrator.

7. ATTACHMENTS
· Agreement with Triad Consulting
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Agenda Item
Orange City Council
Item #: 3.4. 7/14/2026 File #: 26-0185
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Steven Scardina, Information Technology Manager

1. SUBJECT
Agreement with Triad Consulting & System Design Group, L.L.C. for security consulting services.

3. RECOMMENDED ACTION
Approve the two-year with three optional annual extension agreement with Triad Consulting & System Design Group, L.L.C. in the amount of $147,000.00 for security consulting services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expense for the two-year agreement is $147,000.00 and will be funded through General Fund (100):
100-1601-56999 Other repair and maintenance services $ The two-year agreement total is $147,000.00. Costs for year 1 is $77,400.00 and year 2 is $69,600.

Year 1 contains a one-time configuration and setup cost and therefore higher than year 2. Optional years 3,4, and 5 are $73,080.00, $76,734.00, and $80,570.00 respectively.

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

The system has grown so large it is difficult to manage with internal resources. Since 2019, the City has increasingly relied on Triad Consulting for their expertise in security and specific knowledge of City of Orange Printed on 7/9/2026Page 1 of 2
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has increasingly relied on Triad Consulting for their expertise in security and specific knowledge of the City’s security platform utilizing the Genetec software. Since 2021, the maintenance of the security platform system has been provided by Siemens as a security integrator. Their current contract is set to expire this fall. A request for proposal (RFP) is currently being drafted to competitively evaluate security integrators to support the system. This creates a unique opportunity to reexamine how maintenance of the system is conducted.

7. ATTACHMENTS
· Agreement with Triad Consulting
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Agenda Item
Orange City Council
Item #: 3.5. 7/14/2026 File #: 26-0389
TO: Honorable Mayor and Members of the City Council
FROM: Jarad Hildenbrand, City Manager

1. SUBJECT
Approval of a new license agreement with the California Fire Museum to continue operating a fire department history museum at the Old Orange City Fire Department Headquarters located at 176 South Grand Street

2. SUMMARY
On April 8, 2025, the City Council received a presentation from the California Fire Museum regarding its proposal to use the Old Fire Headquarters as a fire department history museum. Following the presentation, the City Council approved a one-year license agreement authorizing the temporary use of the facility. The existing license agreement expires on July 22, 2026. The California Fire Museum has requested that the City Council approve a new license agreement that extends its occupancy by establishing a new one-year term under substantially the same terms and conditions as the current agreement.

3. RECOMMENDED ACTION
Approve the license agreement with the California Fire Museum to operate a fire department history museum on a temporary basis at 176 South Grand Street; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 6: Ensure the Historic Preservation of Resources

6. DISCUSSION AND BACKGROUND
On April 8, 2025, the Orange City Council received a presentation from the California Fire Museum on their proposal to operate a fire department history museum at the Old Fire Headquarters (Old Fire HQ) located at 176 South Grand Street. After hearing the presentation, the City Council directed staff to bring back an agreement that would authorize the California Fire Museum to operate at the Old Fire HQ on a temporary basis. The City Council approved the initial one-year license agreement on July 22, 2025.

The California Fire Museum has requested that the City enter into a new license agreement to continue its occupancy of the Old Fire HQ. The proposed agreement establishes a new one-year term while otherwise maintaining the same material terms and conditions as the current agreement, including the City's right to terminate the agreement upon 60 days' written notice.

As the City Council considers this request, staff notes that on June 9, 2026, the City Council adopted City of Orange Printed on 7/9/2026Page 1 of 2
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As the City Council considers this request, staff notes that on June 9, 2026, the City Council adopted Resolution No. 11698 declaring this property, among others, as surplus, thereby initiating the Surplus Land Act (SLA) process. While the ultimate disposition of the property has not yet been determined, the SLA process is expected to take time to complete. Approving a new one-year license agreement would allow the California Fire Museum to continue operating on a temporary basis while the City gains a better understanding of the outcome of the SLA process. The proposed agreement also preserves the City's flexibility by allowing either party to terminate the agreement upon 60 days' written notice.

Additionally, while the City and the California Fire Museum have taken steps to improve the Old Fire HQ, the facility remains largely vacant with ongoing maintenance issues that need to be addressed to ensure the visiting public’s safety.

7. ATTACHMENTS
· Agreement with the California Fire Museum
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Agenda Item
Orange City Council
Item #: 3.5. 7/14/2026 File #: 26-0389
TO: Honorable Mayor and Members of the City Council
FROM: Jarad Hildenbrand, City Manager

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 6: Ensure the Historic Preservation of Resources

As the City Council considers this request, staff notes that on June 9, 2026, the City Council adopted City of Orange Printed on 7/9/2026Page 1 of 2
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Item #: 3.5. 7/14/2026 File #: 26-0389
As the City Council considers this request, staff notes that on June 9, 2026, the City Council adopted Resolution No. 11698 declaring this property, among others, as surplus, thereby initiating the Surplus Land Act (SLA) process. While the ultimate disposition of the property has not yet been determined, the SLA process is expected to take time to complete. Approving a new one-year license agreement would allow the California Fire Museum to continue operating on a temporary basis while the City gains a better understanding of the outcome of the SLA process. The proposed agreement also preserves the City's flexibility by allowing either party to terminate the agreement upon 60 days' written notice.

7. ATTACHMENTS
· Agreement with the California Fire Museum
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AGR NO. ________

LICENSE AGREEMENT
[Call to Adventure at the California Fire Museum]

THIS LICENSE AGREEMENT (referred to herein as the "Agreement") is entered into on this _____ day of ______________ ___, 202 6, by and between the CITY OF ORANGE, a municipal corporation ("City"), and CALIFORNIA FIRE MUSEUM, a California nonprofit public benefit corporation ("Licensee"), with reference to the following:

A. City owns or controls facilities within the City of Orange, which are depicted on the map attached hereto as Exhibit A, and referred to herein as the "License area"; and

B. Licensee desires to obtain permission from the City to use the License area to operate a Fire Department History Museum (as defined below); and

C. The City has found and determined that Licensee's use of the License area for a Fire Department History Museum furthers the City's mission and purpose of providing community programs to the City's residents; and

D. The City is willing to grant such permission in accordance with the terms and provisions of this Agreement.

NOW, THEREFORE, the parties hereto agree as follows:

1. DEFINITIONS. Unless oth erwise defined in this Agreement, the following capitalized terms used in this Agreement shall have the following meanings:

"Fire Department History Museum " shall mean Licensee's use of the License area for the purpose of operating the "Call to Adventure" historical fire museum, which shall display historical fire department vehicles, equipment, and photography for public viewing, to promote public education regarding the history and operations of the fire department.

"Museum Term" shall mean a one (1) year period commencing on the effective date of this Agreement.

"Sub-Licensees" shall mean any other California non-profit, public benefit corporation, or any other person, firm or organization authorized in writing by the City.

2. LICENSE. As further described in Exhibit B, the City hereby grants to Licensee a license ("License") to enter upon, occupy and use the License area or any portion thereof during the Museum Term for displaying historical photos and historical fire department apparatus and equipment in the License area for viewing by the general public and for no other use or purpose. "Use" includes the preparation of the License area and the clean-up and restoration of the License area at the conclusion of the Museum Term. The License granted by the City to the Licensee permitting its operation of the Fire Department History Museum within the License area shall only be for the purposes set forth in Exhibit B attached hereto ("License Operations"). In exchange for the City's grant of the License to 137

2 the Licensee, the Licensee agrees to pay the City a total sum of One Dollar ($1.00) as consideration for Licensee's use of the License area during the Museum Term.

3. TERM AND REVOCATION. This Agreement and the License granted to Licensee hereunder shall be for the Museum Term only; provided, however, that either party may revoke this Agreement, in whole or in part, at any time and for any reason terminate this Agreement upon sixty (60) days written notice. Upon the expiration of the Museum Term, this Agreement and the License granted to the Licensee hereunder shall automatically terminate and be of no further force or effect.

The City also reserves the right to immediately terminate the Agreement for cause, including but not limited to violations of law, safety hazards, or failure to maintain insurance.

4. ASSUMPTION OF RISK.

A. Licensee acknowledges that it has had full opportunity to inspect the License area and accepts the License area in its present "AS IS," "WHERE IS," and "WITH ALL FAULTS" condition, whether known or unknown, latent or patent, and without any representation or warranty, express or implied, by the City regarding the condition, safety, or fitness of the License area for any particular purpose. The Licensee agrees and acknowledges that it shall bear full responsibility for the routine maintenance of, and all commercially reasonable improvements to the License area to facilitate public safety and accessibility and the Licensee's use and occupancy of the License area. Licensee's maintenance and repair obligations regarding the License area and any improvements include, but are not limited to: (i) any emergency repairs; and (ii) maintenance of the roof, HVAC, plumbing, and electrical systems. Licensee agrees and acknowledges further that any maintenance or improvement work shall be completed in a timely manner following its receipt of any written notice of maintenance or improvement work provided by the City.

B. Licensee shall enter, occupy, and use the License area solely at its own risk and expense. Licensee assumes full and exclusive responsibility for any and all risks of loss, damage, injury, or liability arising out of or in any way related to its use or occ upancy of the License area, including but not limited to the condition of the premises, the actions or omissions of third parties, and any activities conducted by Licensee or its agents, invitees, or contractors.

C. Subject to any limitation of liability of the Licensee as set forth in Section 5 (M) below, the City shall have no duty or obligation to inspect, maintain, repair, or secure the License area during the term of this Agreement. Licensee expressly waives and releases the City and its officers, agents, employees, and volunteers from any and Claims (as defined below) including, but not limited to those arising out of personal injury, death, property damage, or economic loss occurring on or about the License area.

5. LICENSEE'S RESPONSIBILITIES. Licensee's rights under this Agreement are, and shall remain, subject to the following terms, and the Licensee shall comply with, and shall cause its employees, agents, and any persons entering the License area on its behalf (collectively, the "Licensee's Representatives"), including, without limitation, any Sub-Licensee, to comply with, the following:

A. Personal Supervision. Each person entering the License area shall at all times be considered an agent of the Licensee and shall remain under the continuous supervision and control 138

3 of the Licensee. No person under the age of eighteen (18) shall be allowed in the License area unless accompanied or supervised by an adult.

B. Compliance with the Law. Each person entering the License area under this Agreement shall: (i) comply with all applicable laws, ordinances and regulations; (ii) observe strict fire and smoking precautions; (iii) not ignite or permit the ignition of any fires; (iv) not store or be in possession of any firearms within the License area; and (v) other wise comply with any and all instructions and directions of the Licensee's authorized agents.

C. Damage to City Property. Subject to the limitations set forth in Section 5(O) below, Licensee shall be liable for, and shall pay to the City, the cost of any damage of any kind whatsoever to any property of the City, including loss of use, arising from or related in any way to: (i) the acts or omissions of Licensee or Licensee's Representatives; (ii) any breach by Licensee of its obligations under this Agreement; or (iii) the acts or omissions of any Sub-Licensee. Neither the Licensee nor any of the Licensee's Representatives shall remove any property from the License area without the express prior written consent of the City.

D. Seller's Permit and Business License. Prior to the opening of the Fire Department History Museum to the public, Licensee shall obtain all necessary permits and business licenses from the California Department of Tax and Fee Administration and the City.

E. Alterations. Licensee agrees that it shall not (i) make any additions, alterations, or structural changes to the License area; or (ii) commence any renovation or construction work within the License area without the prior written consent of the City.

F. Hazardous Materials. Neither Licensee nor any Sub -Licensees shall use, store or place any "hazardous or toxic wastes, substances or materials" on or within the License area. For purposes of this Agreement, the terms "hazardous or toxic wastes, substances or materials" shall include any substances or materials deemed as such pursuant to any applicable federal, state, or local laws, ordinances, orders or regulations which Licensee's use and enjoyment of the License area may be subject at any time.

G. Nuisance. Licensee shall not use the License area for, carry on, or permit upon the License area (or any part thereof) any offensive, noisy or dangerous conduct that would result in a public nuisance that affects persons or property on or in the vicinity of the License area, nor commit or allow any waste in, on or about the License area. Licensee agrees and acknowledges that it is solely responsible for the monitoring and control of any act(s) of its Sub-Licensees and invitees on or in the vicinity of the License area to prevent any public nuisance that could arise from such conduct.

H. Trash Removal. Licensee shall clean and properly dispose of all trash, including bulk, organic, hazardous, solid, and recyclable waste from the License area and surrounding areas during the Museum Term. Further, Licensee agrees to maintain the License area in a neat condition at all times during the Museum Term. Licensee shall be solely responsible for contracting for and the payment of waste removal services provided by a reputable third-party (subject to City approval) to facilitate the storage, collection, and removal of all trash from the License area. City reserves the right to inspect the License area, at any time during reasonable business hours and without prior 139

4 written notice to Licensee, to remedy any violations of this provision at Licensee's sole expense.

However, Licensee shall have a minimum of thirty (30) days to remedy any violation of this provision identified by the City before any remediation on Licensee's behalf may be commenced by the City.

I. Use of License Area. Licensee agrees to use only the first floor of the License area including the apparatus bay, adjoining office spaces, and parking lots. Licensee shall not use the second floor of the License area and must enclose any fire pole openings before permitting the general public to access the License area.

J. Access Rights. Unless otherwise detailed in this Agreement, the Licensee shall have unrestricted access to the License area, twenty-four (24) hours a day and seven (7) days per week, during the Museum Term. However, Licensee agrees that it shall be solely responsible for securing the License area and ensuring all doors are locked after hours.

K. Parking. Licensee may use the specified parking spaces within the License area as designated in Exhibit A, attached hereto. If overflow parking is needed, Licensee shall make best efforts to use any available public parking lots adjacent to the License area.

L. Utilities. Licensee agrees that it shall be solely responsible for contracting for, and the direct payment of, all utility costs and services associated with its use of the License area, including, but not limited to, electricity, gas, water, internet, and waste disposal.

M. Special Events. Licensee acknowledges that, from time to time during the Museum Term, special events may occur at the location commonly known as the "Old Towne Orange Plaza." During any such special event, Licensee agrees to permit the City to utilize the License area for the staging of City of Orange Police Department personnel and e quipment necessary to ensure public safety during any special events. However, the City agrees to provide Licensee prior written notice of not less than ninety (90) days regarding its intent to occupy the License area and the duration of the proposed occupation ("City Occupation Notice"). Upon receipt of any City Occupation Notice, Licensee agrees to cease all License Operations on the License area for the period specified in the City Occupation Notice to accommodate the City. Subject to t he limitations set forth in Section 5N below, the parties agree that City shall not be liable for any damage to Licensee's personal property located within the License area while occupied by City of Orange Police Department personnel in connection with any special event.

N. Third Party Property Damage or Personal Injury. City and the "Indemnitees" (defined below) shall not be liable for any damage to any property belonging to or used by Licensee or any person permitted to use or occupy the License area under this Agreement (including any Sub - Licensee), including but not limited to damages for loss of use or personal injury to individuals present within the License area arising from any cause. To the extent permitted by applicable law, Licensee expressly waives any and all Claims for damage to its personal property or for injury related to the foregoing.

O. Indemnification. To the fullest extent permitted by law, Licensee hereby agrees to defend, hold harmless and indemnify the City, its elected and appointed officials, officers, 140

5 employees, agents, volunteers and representatives , and its successors and assigns (collectively referred to as “Indemnitees”), from and against any claim, demand, loss, damage, cause of action, fines, expense and/or liability (collectively "Claims") arising from or growing out of loss or damage to property, including the City's own property, or injury to or death of persons, including employees of the City resulting in any manner whatsoever, directly or indirectly, by reason of this License or the use or occupancy of the License area by Licensee or any person claiming under it, including without limitation any Claims arising from injuries sustained resulting from the operation of the License area, including any acts or omissions of Licensee, its employees, agents, contractors, or invitees. Such indemnity shall include, without limitation, reasonable attorneys' fees, expert witness fees, and costs of investigation, litigation, and settlement, or any other costs permitted by law. This indemnity shall apply to the fullest extent permitted by law and shall survive the expiration or termination of this Agreement. Licensee shall, upon written request by the City, promptly retain qualified legal counsel, acceptable to the City and assume all defense of such claims. Licensee's defense obligation shall apply regardless of the merit or ultimate outcome of the Claim.

P. Required Insurance Terms & Coverage. Prior to the City's obligation to surrender possession of the License area to Licensee, Licensee shall procure the required insurance coverage policies from one (1) or more insurance provider(s) reasonably acceptable to the City under the following terms:

(1) Licensee shall deliver to the City all certificates of insurance issued b y Licensee's insurance carrier evidencing insurance coverage in effect for the Museum Term that must feature an endorsement for Commercial General Liability Insurance, in a form acceptable to the City, naming the City. The endorsement shall be on ISO form CG 20 10 11 85 or an equivalent form and include an endorsement waving of any right of subrogation against the City.

(2) All insurance policies maintained by Licensee shall be primary and non - contributory. No insurance policy maintained by the City shall be obligated to cover any loss covered by any policy maintained by Licensee.

(3) All insurance policies maintained by Licensee shall not be subject to cancellation or non-renewal without at least ten (10) days' prior written notice to the City. City shall have no obligation to pay the costs of any insurance premiums or other charges for required endorsements or certificates required to be maintained by Licensee under this Agreement.

(4) Licensee shall, at all times during the Museum Term, maintain the following insurance coverage for the License area:

(a) Commercial General Liability Insurance. Licensee shall provide Commercial General Liability Insurance using ISO “Commercial General Liability” policy form CG 00 01, with limits of no less than $1,000,000 per occurrence for all covered losses and $2,000,000 general aggregate and having a deductible of Twenty -five Thousand Dollars ($25,000) or less.

Licensee shall cause the City to be named as an additional insured.

(b) Workers' Compensation Insurance. If Licensee has employees, it shall maintain applicable workers ’' compensation policies as required by California law for the 141

6 protection of its employees during the Museum Term. Licensee understands that it is an independent contractor and neither Licensee nor any of Licensee's Representatives are entitled to any workers’' compensation benefits under any City program.

6. WAIVER. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a subsequent waiver of any right to later compel enforcement of that provision, or any other provision.

7. NOTICE. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows:

To the City: City of Orange
300 E. Chapman Ave.

Orange, CA 92866
Attn: City Manager

To Licensee: California Fire Museum
22365 El Toro Road, STE. 241
Lake Forest, CA 92630
Attn: Hiddo Horlings

8. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties relating to its subject matter. There are no representations, agreements, or understandings, whether oral or written, between the parties relating to the subject matter of this Agreement that are not fully expressed in this Agreement. This Agreement is deemed to be equally drafted by both parties.

9. MODIFICATION. This Agreement may only be modified by a writing signed by both parties.

10. GOVERNING LAW AND VENUE . This Agreement shall be construed in accordance with and governed by the laws of the State of California, without regard for the principles of conflicts of law thereof. Each party to this Agreement irrevocably consents to the exclusive jurisdiction of the state and federal courts located in California. The venue for any legal action or proceeding arising out of or relating to this Agreement shall be Orange County, California and each party expressly waives any right to object to venue on the grounds that it is improper.

[Remainder of Page Left Intentionally Blank - Signature Page Follows]

142
143

7 IN WITNESS WHEREOF, the City and Licensee have entered into this Agreement on the year and day first above written.

"LICENSEE" "CITY"

CALIFORNIA FIRE MUSEUM,
a California non-profit public benefit
corporation

By: _________________________________
Hiddo Horlings, Board Member and
President

CITY OF ORANGE, a municipal corporation

By:_________________________________
Daniel R. Slater, Mayor
ATTEST:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Connor Hyland
Senior Assistant City Attorney √

X
144

EXHIBIT "A"

MAP GENERALLY DEPICTING LICENSE AREA –
176 SOUTH GRAND STREET, CITY OF ORANGE

[Behind this sheet.]

145
Plaza Park

W (ALLEY)
S

GLASSELL

PLAZA SQ
PLAZA SQ Community Services
Department
Civic Center
Old Fire Station 1

E ALMOND AV
S
(ALLEY)
S
O
RANGE
S
GRAND
PLAZA
SQ

E CHAPMAN AV
Almond Parking Lot
St Johns Lutheran

E ALMOND AV
S

SHAFFER
S
CENTER

E CHAPMAN AV
Legend
City Boundary License Area
J:\GisProjects\CityManager\Former_Fire_HQ_Map\GIS\APRX\Former Fire HQ Map\Former Fire HQ Map.aprx\Former Fire HQ Map 4/28/2025
Source: City of Orange (2025)

CITY OF ORANGE

FIRE DEPARTMENT HISTORY MUSEUM
0 15075
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SANTA ANA

ANAHEIM
GARDEN
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Chapman Ave
Glassel St
146

EXHIBIT "B"

LICENSE OPERATIONS

In addition to the operations and uses detailed on the following pages, Call to Adventure at the California Fire Department Museum's License Operations shall coordinate with City of Orange Staff for City specific safety or history exhibits, operate no earlier than 6:00 am and no later than 10:00 p.m., and include the following at the site described in Exhibit A:

• Display of Fire Apparatus and Firefighter Memorabilia • Interactive Safety Exhibits and Presentations
• Special Events related to community safety
• Fundraising Events
• Retail Sales
•
147
From Vacant to Valuable:

A Safety Learning Center in
Orange
Orange City Council
April 8, 2025
148
VISION
A World Without Unintentional
Injuries and Deaths MISSION
We inform and inspire people to live
safely and foster community resilience
149
• Productive use of space
• Natural fit in historic district
• Strengthen community engagement
and civic pride
• Boost tourism/economy
• Build community resilience
Temporary Use of Station
1:
150
National Problem:
• Accidental injuries:
○ The 3rd leading cause of death in U.S.
○ The 6th leading cause of death worldwide
• Fires, 2013-2022:
○ Accidental death increased by 22%
“Chances of dying in a fire today are higher
than they were 40 years ago”
-Dr. Lori More-Merrell, USFA
• Fires, from 1980 to2021:
○ Accidental deaths fell by 44%; injuries by 42%
151
The Adventure of Learning
Facility Renderings and
Concept
Engaging safety learning exhibits
Rotating galleries
Creative theatre presentations
Special events
Relevant education programs
Classrooms and Auditorium
Catering setup for events
152
Temporary Use of Station
1:

History and Heritage
153
Safety Learning and Outreach
154
A New Model of National Significance
Behavior Change
Safety Mindset
Community Resilience
155

THANK YOU
156
Agenda Item
Orange City Council
Item #: 3.6. 7/14/2026 File #: 26-0409
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Walnut Avenue at Orange Street Traffic Signal Installation and authorization to advertise for bids; and finding of California Environmental Quality Act (CEQA) exemption

2. SUMMARY
Plans and specifications have been completed, and the project is ready to be advertised for bids. The total estimated construction cost, including 20% for contingencies and construction engineering, is $589,956.

3. RECOMMENDED ACTION

1. Approve the plans and specifications and authorize advertising for Bid No. 26-27.01 (SP- 4301), Walnut Avenue at Orange Street Traffic Signal Installation.

2. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1(c) - Existing Facilities).

4. FISCAL IMPACT
No General Fund impact. The estimated construction cost is approximately $589,956, including contingencies and construction engineering. Chapman University is funding 100% of the project costs pursuant to the payment agreement approved by the City Council in November 2024.

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
The success of Chapman University has contributed to increased activity at the Walnut Avenue and Orange Street intersection, especially during peak periods and special events. Chapman University’s (“Chapman”) Anderson Parking Structure (“Anderson”) takes direct vehicle access through the Walnut Avenue and Orange Street intersection. Specifically, the Anderson’sdriveway comprises the intersection’ssouth “leg”.The Anderson is central to the Chapman Campus, serves thousands of commuter students daily, and is the primary parking facility for many athletic and special events.

In Fall 2023, Chapman proposed a new traffic signal at the Walnut and Orange intersection along with a proposal to fund its design and construction. To determine the appropriateness of a traffic signal at this location and ensure it would be operationally compatible with the existing traffic signal at the nearby Walnut Avenue and Glassell Street intersection, a focused traffic study was conducted in City of Orange Printed on 7/10/2026Page 1 of 2
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the nearby Walnut Avenue and Glassell Street intersection, a focused traffic study was conducted in 2024. That study, funded by Chapman and administered by the City, indicated that a new traffic signal at the Walnut Avenue and Orange Street intersection was justified, could be expected to improve overall traffic flow and safety and, at the same time, be successfully programmed to work in tandem with the Walnut Avenue and Glassell Street signal.

The total project cost estimate is $589,956, including 20% for contingencies and construction engineering. At the time bids are received and actual bid prices are known, staff may request additional appropriations as needed to award the contract. Chapman University is fully funding all project phases through a payment agreement approved by City Council in November 2024.

Installation of the new traffic signal poles and associated hardware is expected to start in June 2027 due to long lead times for pole procurement. While waiting for the signal poles, certain construction activities may take place to maximize efficiency in project delivery. Furthermore, to minimize disruption to vehicular and pedestrian traffic during the Chapman University Fall and Spring semesters, construction work will be planned for weekends and periods of school recess.

After traffic signal poles are delivered, the project is expected to be complete within 45 calendar days. Specifications and cost estimates are available for review in the Public Works Department.

7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1) because the project consists of the installation of a new traffic signal and related minor improvements within an existing public right-of-way, involving negligible or no expansion of existing roadway use. No public review is required.

8. ATTACHMENTS
· Location Map
City of Orange Printed on 7/10/2026Page 2 of 2
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158
Agenda Item
Orange City Council
Item #: 3.6. 7/14/2026 File #: 26-0409
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

1. Approve the plans and specifications and authorize advertising for Bid No. 26-27.01 (SP- 4301), Walnut Avenue at Orange Street Traffic Signal Installation.

2. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1(c) - Existing Facilities).

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

In Fall 2023, Chapman proposed a new traffic signal at the Walnut and Orange intersection along with a proposal to fund its design and construction. To determine the appropriateness of a traffic signal at this location and ensure it would be operationally compatible with the existing traffic signal at the nearby Walnut Avenue and Glassell Street intersection, a focused traffic study was conducted in City of Orange Printed on 7/9/2026Page 1 of 2
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Item #: 3.6. 7/14/2026 File #: 26-0409
the nearby Walnut Avenue and Glassell Street intersection, a focused traffic study was conducted in 2024. That study, funded by Chapman and administered by the City, indicated that a new traffic signal at the Walnut Avenue and Orange Street intersection was justified, could be expected to improve overall traffic flow and safety and, at the same time, be successfully programmed to work in tandem with the Walnut Avenue and Glassell Street signal.

After traffic signal poles are delivered, the project is expected to be complete within 45 calendar days. Specifications and cost estimates are available for review in the Public Works Department.

8. ATTACHMENTS
· Location Map
City of Orange Printed on 7/9/2026Page 2 of 2
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Date Exported: 7/1/2026
Credits: City of Orange (2026)
1:1,128
0 0.010.01
mi
.

N
O
RANGE
ST
N
(ALLEY)

E WALNUT AV
(PRIVATE) Chapman U niversity
N
(ALLEY)

E WALNUT AV
City Boundaries
NOTE: Recent data updates may not be reflected on this
map at the time of printing, use at your discretion.

No part of this map shall be reproduced for
commercial purposes.

CITY OF ORANGE
Location Map
161
Agenda Item
Orange City Council
Item #: 3.7. 7/14/2026 File #: 26-0411
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Appropriation of $220,000 from the Low- and Moderate-Income Housing Asset Fund for the final loan disbursement to Orange 702, L.P. for the Orion Senior Housing Apartments Project

2. SUMMARY
Authorize the appropriation of $220,000 from the Low- and Moderate-Income Housing Asset Fund to fund the remaining 10% of the City's previously approved $2.2 million affordable housing loan for the Orion Senior Housing Apartments.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $220,000 from the Low- and Moderate-Income Housing Fund (232) unreserved fund balance to:
232-8001-81999-256019 Orion Senior Housing Apartments Project

2. Authorize the Community Development Director, or designee, to disburse the remaining loan proceeds to Orange 702, L.P. upon verification that all conditions for final disbursement have been satisfied.

4. FISCAL IMPACT
The expense for this agreement is $220,000 and will be funded through the Low- and Moderate- Income Housing (Fund 232).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life

6. DISCUSSION AND BACKGROUND
On January 23, 2024, the City Council approved an Affordable Housing Agreement with Orange 702, L.P. to provide a $2.2 million loan from the City's Low- and Moderate-Income Housing Fund (LMIHF) to assist in the development of the Orion Senior Housing Apartments, a 166-unit affordable senior housing community located at 1800 E. La Veta Avenue. The project includes 164 affordable units for extremely low- and lower-income senior households and two manager units.

As part of the approved financing structure, the Affordable Housing Agreement provided that 90% of the City's loan would be disbursed at construction loan closing, with the remaining 10% to be City of Orange Printed on 7/10/2026Page 1 of 2
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disbursed upon project completion.

The initial 90% loan disbursement totaling $1,980,000 was made at construction loan closing. The Orion Senior Housing Apartments was completed on February 24, 2026 and Orange 702, L.P. notified staff that it will submit its request for the final loan disbursement of $220,000 in July 2026. To ensure funding is available when the request is received, staff recommends appropriating $220,000 from the LMIHF and authorizing the final loan disbursement to Orange 702, L.P. upon verification that all remaining conditions for disbursement have been satisfied.

This action fulfills the City's funding commitment previously approved by the City Council and supports the successful completion of a 166-unit affordable senior housing development that will provide long-term housing opportunities for lower-income senior residents.

7. ATTACHMENTS
· January 23, 2024 City Council Staff Report
· Promissory Note
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Agenda Item
Orange City Council
Item #: 3.7. 7/14/2026 File #: 26-0411
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Appropriation of $220,000 from the Low- and Moderate-Income Housing Asset Fund for the final loan disbursement to Orange 702, L.P. for the Orion Senior Housing Apartments Project.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $220,000 from the Low- and Moderate-Income Housing Fund (232) unreserved fund balance to:
232-8001-81999-256019 Orion Project

4. FISCAL IMPACT
The expense for this agreement is $220,000 and will be funded through the Low- and Moderate- Income Housing (Fund 232).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life

As part of the approved financing structure, the Affordable Housing Agreement provided that 90% of the City's loan would be disbursed at construction loan closing, with the remaining 10% to be City of Orange Printed on 7/9/2026Page 1 of 2
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the City's loan would be disbursed at construction loan closing, with the remaining 10% to be disbursed upon project completion.

7. ATTACHMENTS
· January 23, 2024 City Council Staff Report
· Promissory Note
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Agenda Item
City Council
Item #: 7.2. 1/23/2024 File #: 24-0032
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Affordable Housing Agreement between the City of Orange and Orange 702, L.P.

2. SUMMARY
Agreement with Orange 702, L.P., a limited partnership including USA Properties, to provide financing for a 166-unit affordable housing development for extremely low income and lower income senior citizen households to be located at 1800 E. La Veta Avenue, and to be developed as the Orion Senior Housing Apartments.

3. RECOMMENDED ACTION

1. Approve the Affordable Housing Agreement between the City of Orange and Orange 702, L.P. in the amount of $2,200,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the City Manager to execute the Agreement, substantially in the form attached, with any minor, non-substantive changes approved by the City Attorney.

3. Authorize the City Manager to execute any and all documentation in furtherance of the Agreement, including, but not limited to, any attachments to the Agreement and any necessary subordination agreements.

4. Authorize the appropriation of $2,200,000 from the Low and Moderate Income Housing Asset Fund (921) unreserved balance to expenditure account number 921.9810.56571.20540 - Rehab/Dev Loans - Orion Project. Estimated fund balance after appropriation is $955,000.

4. FISCAL IMPACT
The total expenditure for this agreement is $2,200,000.00 and will be funded in Rehab/Dev Loans - Orion Project (20540) through the Low- and Moderate-Income Housing Asset Fund (921).

Upon approval of this appropriation, the estimated fund balance in Fund 921 at June 30, 2023 will be $955,000

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community c: Support and enhance attractive, diverse living environments.

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6. DISCUSSION AND BACKGROUND
Orange 702, L.P. is proposing to develop and operate 164 affordable housing units for extremely low income and lower income senior citizens and two manger’sunits on the property at 1800 E. La Veta Avenue in which the developer will acquire a long-term leasehold interest in the form of a Ground Lease for that purpose. Orange 702, L.P. is requesting the City provide a financial subsidy assistance in the amount of $2.2 million as partial “gapfinancing”.Staff is proposing to fund the assistance with former redevelopment agency set-aside funds for the production of affordable housing (LMIHAF).

Project Description
The proposed project includes demolition of an existing 107,586 square foot, one and two-story rehabilitation building with enclosed swimming pool, a 1,300 square foot single family residence, and related site improvements and construct 164 affordable senior apartments and two managerial units.

Summary of Unit Mix (166 Total)
Unit Mix & Affordability 1 Bedroom 2 Bedroom Total Units 30% AMI TCAC 11 6 17
50% AMI TCAC 22 10 32
60% AMI TCAC 22 10 32
70% AMI TCAC 56 27 83
Total Affordable Units 111 53 164
Manager Units 0 2 2
Total Units 111 55 166
*AMI TCAC: Average Medium Income Limits set by the State Treasurer’s Office The proposed financing for the project includes the following:

Sources (Permanent) Total
Senior Loan $19,000,000
NOI During Construction $2,461,923
Tax Credit Equity $21,719,976
Developers Fee $3,822,165
Subsidy Loan - Orange County Housing
Finance Trust
$503,502
Subsidy Loan - City of Orange $2,200,000
Subsidy Loan - Riverside Charitable
Organization
$4,000,000
Subsidy Loan - Orange County $921,150
Subsidy Loan - Safehold $7,000,000
Total $61,628,716
Affordable Housing Agreement
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Item #: 7.2. 1/23/2024 File #: 24-0032
The Agreement with Orange 702, L.P. includes the following provisions:
· The City agrees to provide $2,200,000 from the Low- and Moderate-Income Housing Asset Fund (LMIHAF). The LMIHAF is former redevelopment funds that were set aside for the development of affordable housing. The current fund balance is approximately $3,155,000. · The City loan is intended to be “gap”financing not to exceed the amounts set forth in the final project budget, which is reviewed and approved by the City. · The City loan is residual receipts loans with a 55-year term and a 3% simple interest rate. The City may not start receiving loan repayments (which are apportioned) until sometime beyond the completion of the project; however, interest costs will be accrued. · The City’sloan is evidenced by a Promissory Note and secured by the Deed of Trust that is tied to the leasehold interest, which includes any improvements made to the property. The Affordability Covenants and Density Bonus will be recorded against the property (the fee title) and will preserve the affordability of the units in the event of a foreclosure, regardless of the status of the Ground Lease, which is also reviewed and approved by the City. · Ninety percent of the City’ssubsidy will be disbursed at the construction loan closing and be used to pay for acquisition and development costs. The remaining 10 percent will be disbursed at project completion.

Staff recommends approving the Agreement with Orange 702, L.P. for the Orion Senior Housing Apartments.

7. ATTACHMENTS
· Affordable Housing Agreement with Orange 702, L.P.

City of Orange Printed on 1/18/2024Page 3 of 3
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ATTACHMENT NO. 9

PROMISSORY NOTE

TO THE CITY OF ORANGE
(LMTHAF)
3% Interest (Simple)
$2,200,000
Orange, California
May 9,2024
FOR VALUE RECEIVED, ORANGE 702, L.P., a California limited partnership ("Borrower"), hereby promises to pay to the CITY OF ORANGE, a municipal corporation of the State of California ("City"), or order, a principal amount of TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000), being the principal amount of the City's loan of LMIHAF construction to permanent funds (the "LMIHAF Loan"). This Note is given pursuant to that certain Affordable Housing Agreement dated as of January 23,2024, between Borrower and the City (the "Affordable Housing Agreement") and evidences the LMIHAF Loan to Borrower, which provides part of the financing for the acquisition and development of that certain real property owned by Borrower and located at 1800 E. La Veta Avenue in the City of Orange, legally described in the Deed of Trust securing this Note (the "Property"). The obligation of Borrower to City hereunder is subject to the terms of the Affordable Housing Agreement, this Note and the following instruments, each dated on or about the date hereof, and, where applicable, executed and delivered by Borrower for the purpose of securing this Note: an Agreement Containing Covenants (tncluding Rental Restrictions) ("Agreement Containing Covenants"); a Subordinated Deed of Trust, Security Agreement and Fixture Filing (With Assignment of Rents) ("Cify Deed of Trust"); an Assignment of Rents and Leases ("Assignment of Rents"); an Assignment of Agreements ("Assignment of Agreements"); and a UCC-1 Financing Statement. Said documents are public records on file in the offrces of City, and the provisions of said documents are incorporated herein by this reference. The Borrower will pay interest at the rate, in the amount and at the time hereinafter provided.

1. Definitions.

Capitalized terms not otherwise defined herein will have the meaning ascribed to such terms in the Affordable Housing Agreement. In addition, the following terms have the following meanings:
"Acquisition and Development Costs" means the total cost of acquiring the Property and developing, rehabilitating and constructing the Improvements thereon, in accordance with the Affordable Housing Agreement.
"Administrative General Partner" means USA Orange 702, Inc., a Califomia corporation, and its successors and assigns permitted under the terms of the Affordable Housing Agreement and this Note.
"Affiliate" means any Person directly or indirectly controlling, controlled by or under common control with another Person. The term "control" as used in the immediately preceding sentence, means the power to direct the management or the power to control election of the board 169
of directors. It will be a presumption that control with respect to a corporation or limited liability company is the right to exercise or control, directly or indirectly, more than fifty percent (50%) of the voting rights attributable to the controlled corporation or limited liability company, and, with respect to any individual, partnership, trust, other entity or association, control is the possession, indirectly or directly, of the power to direct or cause the direction of the management or policies of the controlled entity. For purposes of this definition, each general parlner will be considered an "Affi liate" of Borrower.
"Annual Financial Statement" means the annual audited financial statement of Revenue and Operating Expenses and balance sheet for the Improvements, prepared at the Borrower's expense, by an independent certified public accountant reasonably acceptable to the City, which will form the basis for determining the Residual Receipts. "City Deed of Trust" means the Subordinated Deed of Trust, Security Agreement and Fixture Filing (with Assignment of Rents) executed by Borrower in favor of City and dated on or about the date hereof, which secures this Note and the LMIHAF Loan evidenced hereby. "Cit;r's Share of Residual Receipts" will have the meaning set forth in Section 8, below "Construction Financing Event" means the point in time when all conditions precedent to the release of the Construction Loan funds and the LMIHAF Loan funds have been satisfied, in accordance with the Affordable Housing Agreement.
"Construction Loan" means the Construction Period loan(s) to be made to Borrower by an institutional or governmental lender reasonably acceptable to City (together with its successors and assigns, "Construction Lender") at the time of the Construction Financing Event, secured by the Construction Loan Deed of Trust.
"Construction Loan Deed of Trust" means the deed of trust securing the Construction Loan that is first in priority on Borrower's leasehold interest in the Property. "Construction Period" means the period of time commencing upon the Construction Financing Event and ending upon the repayment of the Construction Loan and the funding of the Permanent Financing.
"Conversion" means the point in time when the Permanent Financing has been funded, the Limited Partner Capital Contribution has been funded (subject to adjustment as provided in the Partnership Agreement and less that portion, not to exceed l0o/o, of the Limited Partner Capital Contribution that will be funded upon receipt of Form(s) 8609) and related conditions, and the Construction Loan has been repaid in full or converted to a Permanent Loan. "County Loan" means the loan made by the County of Orange to Borrower in the maximum amount of $921,150.
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"Deferred Developer Fee" means that portion of the Developer Fee which was not paid prior to the date of Conversion and which will be paid from the Revenue remaining after payment of Operating Expenses, prior to any payment of Residual Receipts to the City. The term "Deferred Developer Fee" will include any loan or capital contribution made by a partner of Borrower to pay such deferred fee.
"Developer Equity" means funds provided by the Borrower for payment of Acquisition and Development Costs and will not include the Senior Loan, the Secondary Loan, the LMIHAF Loan, the RCC Loan, the County Loan, the Trust Fund Loan, the Improvement Allowance, or any other borrowed funds, and will include the Deferred Developer Fee, the Investor Limited Partner's capital contribution, as well as any other funds of the Borrower or the General Partners. "Developer Fee" means the fee in the amount set forth in the Project Budget. "Environmental Indemnity" means the indemnity in the form attached to the Affordable Housing Agreement as Attachment No. 15, which is incorporated herein by this reference. "Ground Lease" means the ground lease between Ground Lessor and Borrower approved by the City Manager pursuant to the Affordable Housing Agreement. "Ground Lessor" means the owner of the fee interest in the Property. "Improvement Allowance" means the amount paid by Ground Lessor to Borrower pursuant to the Ground Lease to fund Acquisition and Development costs of the Improvements. "Improvements" means the 166-unit residential development and ancillary facilities to be constructed on the Property by the Borrower, all as described in the Affordable Housing Agreement.
"Investor Limited Partner" means Bank of America, N.A., a national banking association, and Banc of America CDC Special Holding Company, Inc., a North Carolina corporation, and each ofits authorized successors and assigns. o "LMIHAF Loan" means the loan made by the City to Borrower in the maximum amount of $2,200,000, rvhich is evidenced by this Note and secured by the City Deed of Trust. "LMIHAF Loan Documents" means this Note, the City Deed of Trust, the Agreement Containing Covenants, the Assignment of Rents, the Assignment of Agreements, the Environmental Indemnity, and the UCC-I Financing Statement, each dated on or about the date hereof.

Loan.
"LMIHAF Note" means this Note dated as of the date hereof, evidencing the LMIHAF 171
"Low Income Housing Tax Credits" means tax credits authorized by the Tax Reform Act of 1986 and governed by Section 42 ofthe Internal Revenue Code. "Managing General Partner" means Riverside Charitable Corporation, a California nonprofit public benefit corporation, and its successors and assigns permitted under the terms of the Affordable Housing Agreement and this Note.
"Net Proceeds" means the proceeds of a sale, transfer or refinancing, less the customary and reasonable costs of the transaction, including, without limitation, payment of the $914,000 Capital Transaction Fee payable to the Managing General Partner upon a sale or refinancing of the Project.
"Operating Expenses" means actual, reasonable and customary costs, fees and expenses directly attributable to the operation, maintenance and management of the Property that are consistent with an annual independent audit performed by a certified public accountant using generally accepted accounting principles, expressly including, without limitation, payment of the following:

Principal and interest and all periodic fees and costs due and payable on the Senior Loan;
Amounts payable to Ground Lessor pursuant to the Ground Lease; Property and other taxes and assessments imposed on the Project; One or more general partner partnership management fees to the General Partner of Borrower not to cumulatively exceed $25,000 per year, to be increased at an annual rate of three percent (3%), which will accrue to the extent not paid; General administrative expenses including but not limited to advertising and marketing, security services and systems and similar customary administrative expenses;
Maintenance and repair including but not limited to pest control, landscaping and grounds maintenance, painting and decorating, cleaning, common systems repairs, general repairs, janitorial, supplies, and similar customary services; Cash deposited into a replacement reserve fund in the amount of $00 per unit per year or such greater amount as may be required by the Ground Lease, Senior Lender or Investor Limited Partner;
Cash deposited into an operating reserve fund as set forth in the Limited Partnership Agreement, or in such other reasonable amounts as are required by Project lenders, the California Tax Credit Allocation Committee, and/or the Investor Limited Partner from time to time, and approved by the City;
Utility services not paid for directly or reimbursed by tenants, including but not limited to water, sewer, trash collection, gas and electricity; License or certificate of occupancy fees required for operation of the Project; e.
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Premiums for property damage and liability insurance;
Cable television, satellite, internet and similar services; Recreational amenities, supplies and services;
Reasonable property management fee payable to a property manager acceptable to the City in an armual amount equal to five percent (5%) of gross Project Revenues pursuant to a management contract approved by the City, including the payment of any accrued and unpaid property management fee from prior years A reasonable resident services coordinator fee payable to a coordinator acceptable to the City;
Purchase, repair, servicing and installation of appliances, equipment, fixtures and furnishings (other than from reserves);
Fees and expenses of accountants, attorneys, consultants and other professionals, including annual audits and tax return preparation costs payable to a third party; and
An Asset Management Fee to Borrower's Limited Partner in an amount not to exceed $5,000 per year, to be increased at an annual rate of three percent (3.0%); Repayment of operating expense loans or development deficit loans to Borrower's partners; and
A Project monitoring fee to the City in an amount equal to $500 per year. Such initial amount of $500 shall be increased annually commencing on the first June I following the first full calendar year of operation of the Project and each June I thereafter for the term of this Agreement by an amount equal to the annual change in the Consumer Price lndex since the last June 1.

Operating Expenses will not include the following: depreciation, amortrzation, depletion or other non-cash expenses, any amount expended from a reserye. Operating Expenses will be subject to the reasonable approval of the City.
"Permanent Financing" means the Permanent Period Senior Loan identified in the Method of Financing (Attachment No. 3) attached to the Affordable Housing Agreement, secured by the Permanent Financing Deed of Trust.
"Permanent Financing Deed of Trust" means the leasehold deed(s) of trust and other security instruments securing the Permanent Financing.
"Permanent Period" means the period of time commencing upon the repayment of the Construction Loan and the funding of the Permanent Financing and payment of at least 90% of the Limited Partner Capital Contribution.
"Permitted Transfer" means any of the follou,ing, provided (except for subsection f. below) Borrower, a General Partner of Borrower, or an Affiliate of such General Partner, retains k.
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day-to-day control over management and operations of the Property and the Improvements and further provided that such transfer is not to a Prohibited Person or would otherwise violate Anti- Terrorism Laws:

An assignment of the Affordable Housing Agreement and Borrower's interests in the Property to an Affiliate or a conveyance back from the Affiliate to Borrower; A conveyance of a security interest in the Property or any portion thereof or interest therein, in connection with a Senior Loan;
The inclusion of equity participation in the Project by addition of limited partners to Borrower's partnership or similar mechanism, and transfers of limited partnership interests in Borrower's partnership;
The lease for occupancy of all or any part of the Improvements on the Property in accordance with the Affordable Housing Agreement;
The granting of easements or permits to facilitate the development of the Property in accordance with the Affordable Housing Agreement;
The withdrawal, removal and/or replacement of a general partner of Borrower's partnership pursuant to the terms of Borrower's partnership agreement, or a conveyance of Borrower's interest in the Property and the Improvements and/or a transfer of limited partnership interests to a general partner or an affiliate of the limited partner pursuant to the option provided to that partner in Borrower's partnership agreement, will not constitute a default under this Agreement or any of the LMIHAF Loan Documents, nor will such actions accelerate the maturity of the LMIHAF Loan, provided that, unless the substitute general partner is an entity directly or indirectly controlled by the Investor Limited Partner, any required substitute general partner is reasonably acceptable to the City, as evidenced by the City's written consent, and is selected with reasonable promptness; and A transfer approved in writing by City Manager or designee, at his orher reasonable discretion.

A transfer described in clauses a., b., or c. will be subject to the reasonable approval of the City Manager or designee; provided that, the City approves the transfer of limited partner interests in Bomower's partnership, and further provided that such transfer is not to a Prohibited Person or would otherwise violate Anti-Terrorism Laws.
"Person" means an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, or other entity, domestic or foreign. "Property" means the real property described as the "Property" legally described as set forth in Exhibit "A" of the City Deed of Trust.
"RCC Lender" means Riverside Charitable Corporation, a California nonprofit public benefit corporation and/or an affiliate thereof.
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"RCC Loan" means the loan made by the RCC Lender to Borrower in the anticipated original principal amount of $4,000,000.
"Residual Receipts" means the Revenue minus the Operating Expenses, calculated on a l2-month basis, minus the theretofore unpaid portion of the Deferred Developer Fee. All calculations of Residual Receipts will be subject to verification and reasonable approval by the City.
"Revenue" means the gross rental income from the Improvements, and any other income to the Borrower derived from the ownership, operation and management of the Property, including but not limited to the following: all rents, fees and charges paid by tenants, Section 8 payments or other rental subsidy payments received for the dwelling units, deposits forfeited by tenants, all cancellation fees, price index adjustments and any other rental adjustments to leases or rental agreements; proceeds from vending and laundry room machines; the proceeds of business intemrption or similar insurance; the proceeds of casualty insurance to the extent not utilized to repay Senior Loan(s) or repair or rebuild the Project; and condemnation awards for a taking of part or all of the Project for a temporary period. "Revenue" will also include the fair market value of any goods or services provided in consideration for the leasing or other use of any portion of the Project, except that the value of serices provided by on-site manager(s) will not be treated as "Revenue" if no more than one dwelling unit is leased to or otherwise used by on-site manager(s). ooRevenue" will not include tenants' security deposits, proceeds from the Senior Loan, any Secondary Loan, , the LMIHAF Loan, Developer Equity, the Improvement Allowance, the RCC Loan, the County Loan, the Trust Fund Loan including capital contributions or similar advances, or interest that is earned on and allocated to reserve accounts, other than in connection with Net Proceeds arising from a refinancing of the Senior Loan and/or the Secondary Loan. "Senior Loan" means the Construction Period loan made by Construction Lender to Borrower in the approximate amount of [$35,000,000] and during the Permanent Period, the Permanent Financing, which will be secured by deeds of trust or other instrument to which the City agrees to subordinate this Note and the City Deed of Trust. o'Term" of this Note means a term that expires on the frfty-fifth (55th) anniversary of the date of Conversion.
"Transfer" will have the meaning set forth in Section I l.e of this Note. "Trust Fund Loan" means the loan made by the Orange County Housing Trust Fund to Borrower in the maximum amount of $503,502, which is evidenced by this Note and secured by the City Deed of Trust.

2. This Note evidences the obligation of the Borrower to the City for the repayment of the LMIHAF Loan. The City shall disburse ninety percent (90%) of the proceeds of the LMIHAF Loan concurrently rvith the initial funding of the Construction Loan and the remaining 175
ten percent (10%) of the LMIHAF Loan concurrently with the release of the Construction Lender's retention disbursement.

3. This Note is payable at the principal office of City, 300 E. Chapman Avenue, Orange, Califomia 92866, or at such other place as the holder hereof may inform the Borrower in writing, in lawful money of the United States.

4. This Note is secured by the City Deed of Trust.

5. This Note will bear three percent (3%) simple interest.

6. Except in the event of a default described in Section 7 hereof, no payments willbe due and payable under this Note except to the extent of (a) the City's share of Residual Receipts as described in Section 8, below, and (b) any refinancing or Cost Savings, subject to the limitations set forth in Section Error! Reference source not found., below. 7 . The entire unpaid principal balance of this Note and any accrued but unpaid interest will be due and payable upon the expiration of the Term hereof, or immediately upon the occurrence of either of the following:
a. If the Properry or any portion thereof or interest therein is sold, transferred, assigned or refinanced, without the prior written approval of the City, except as otherwise permitted in this Note; or
b. If there is a default by the Borrower under the terms of this Note, the City Deed of Trust, the Affordable Housing Agreement, the Agreement Containing Covenants, or any deed of trust or other instrument securing the Senior Loan or other obligations secured by a deed of trust on the Property, which is not cured within the respective notice and cure period provided herein and therein.

8. Prior to the expiration of the Term hereof, Borrower will be obligated to repay the LMIHAF Loan exclusively from the City's share of Residual Receipts, as follows:
a. Annually, not later than the thirtieth (30rt) day of May, beginning with the year following the year in which Conversion occurs, Borrower will submit to City an audited Annual Financial Statement for the preceding calendar year, prepared by a certified public accountant reasonably acceptable to the City, determining the amount of Residual Receipts, if any, generated in that year, together with payment of the City's Share of such Residual Receipts. The first such Annual Financial Statement will be for the partial year beginning on the date of Conversion and ending on December 3l of that year. The City will review and approve such Annual Financial Statement, or request reasonable revisions, within 30 days after receipt. If as the result of the City's review of the statement, there is an increase in the amount of any payment due and payable to City (as the result, for example, of a determination that the actual amount of Residual Receipts to which the City is entitled exceeds the amount of City's Share of Residual Receipts shown in the Annual Financial Statement submitted by Borrower), Borrower will promptly pay to the City the difference, with interest, from the date on which such payment was 176
due, at the rate of one percent (1%) over the Prime Rate announced by Bank of America, but in any event within ten (10) days of notice of such increase. b. The City's Share of Residual Receipts shall be 50% of Residual Receipts, subject to apportionment to the extent required by the following: For so long as any of the RCC Loan, the County Loan and/or the Trust Fund Loan is outstanding, the City's Share of Residual Receipt shall be proportionately reduced such that the City shall receive a portion of the Residual Receipts equal to the ratio of the then outstanding amount of the LMIHAF Note and the then outstanding amount of the RCC Loan, the County Loan and the Trust Fund Loan (as applicable).

9. All payments applied to this Note will be applied first to penalties and late fees, then to interest, then to reduce the principal amount owed.

10. If there are Cost Savings with respect to the Project, subject to the requirements of the other Project lenders, the Ground Lessor and the Califomia Tax Credit Allocation Committee, the following will occur: (1) the Cost Savings shall first be applied to the payment of the Deferred Developer Fee; (2) then, to the extent of hfty percent (50%) of any remaining Cost Savings, said remaining Cost Savings will be used to pay accrued interest on and then reduction of the principal amount of the LMIHAF Loan. For purposes hereof, 'oCost Savings", shall mean the difference between the total sources of funds and the total cost of development as shown in the Borrower's cost certification contained in Borrower's application to the Califomia Tax Credit Allocation Committee for a Form 8609 for the Project ("Tax Credit Report"), or as reflected in a Revised Project Budget or Annual Project Budget submitted by Borrower and approved by the City; provided, however, the Cost Savings will be adjusted to take into account (i) the loss of any equity investment due to an adjustment in the allowable tax credits pursuant to Borrower's limited partnership agreement; and (ii) any reduction in the Senior Loans required by the Senior Loan Documents. The amount payable to City under this paragraph will be paid within sixty (60) days following Conversion.

I L Prohibitions on Transfer
a. Prior to the repayment in full of the LMIHAF Loan and expiration of the Term of the Agreement Containing Covenants, the Borrower must not, except for Permitted Transfers or as permitted by the Affordable Housing Agreement, assign or attempt to assign the Affordable Housing Agreement or this Note or any right therein or herein, nor make any total or partial sale, transfer, conveyance or assignment of the whole or any part of the Property (referred to hereinafter as a "Transfer"), u,ithout prior u,ritten approval of the City, except as expressly permitted by the Affordable Housing Agreement or this Note. Consent to one such transaction will not be deemed to be a waiver of the right to require consent to future or successive transactions.

City shall not unreasonably withhold or delay its consent. If consent should be given, any such transfer shall be subject to this Section 11, and any such transferee shall assume all obligations hereunder and agree to be bound by all provisions contained herein. b. Proposed transferees (other than an Affiliate of Borrower or a General Partner reasonably approved by the City) must have the qualifications and financial responsibility necessary and adequate as may be reasonably determined by the City, to fulfill Borrower's 177
obligations underlaken in the Affordable Housing Agreement, the Agreement Containing Covenants, and this Note. A proposed transferee (including an Affiliate of Borrower), by instrument in writing satisfactory to the City and in form recordable among the land records, for itself and its successors and assigns, and for the benefit of the City must expressly assume all of Borrower's obligations under the Affordable Housing Agreement, the Agreement Containing Covenants, and this Note and agree to be subject to all conditions and restrictions applicable to Borrower. There must be submitted to the City for review all instruments and other legal documents proposed to affect any such transfer; and if approved by the City its approval will be indicated to Borrower in writing. If consent should be given, such transfer will be subject to this Section I 1.
c. In the absence of specific written agreement by the City, no unauthorized Transfer, or approval thereof by the City, will be deemed to relieve the Borrower or any other party from any obligations under the Affordable Housing Agreement, the Agreement Containing Covenants, or this Note.
d. In the event of a Transfer prior to the time the LMIHAF Loan is paid in full without the prior written consent of the City, the remaining principal balance of the LMIHAF Loan and all accrued but unpaid interest will be immediately due and payable. e. As used herein, "Transfer" means (other than in connection with a Permitted Transfer):
(i) The sale, agreement to sell, transfer or conveyance of the Property, the Project, or any portion thereof or interest therein (including, without limitation, a beneficial interest), whether voluntary, involuntary, by operation of law or otherwise, the execution of any installment sale contract or similar instrument affecting all or a portion of the Property or Project, or the lease of all or substantially all of the Property or Project. (iD "Transfer" also includes the transfer, assignment, hypothecation or conveyance of legal or beneficial ownership of an interest in Borrower, or a conversion of Borower to an entity form other than that of Borrower at the time of execution of the Affordable Housing Agreement, except that, a cumulative change in ownership interest of a general partner of Borrower of forty-nine percent (49%) or less will not be deemed a "Transfer" for purposes of this Note. Transfer shall not include routine changes in officers and/or board members.

12. The City will not unreasonably withhold, condition, or delay its approval of any matter for which its approval is required hereunder. The City's disapproval will be in writing and contain the City's reasons for disapproval.

13. The LMIHAF Loan is funded from the City's LMIHAF. Accordingly, Bonower agrees for itself, its successors and assigns that the use of the property will be subject to the restrictions on rent and occupancy set forth in the Agreement Containing Covenants.

14. Subject to the provisions and limitations of this Section 74,the obligation to repay the LMIHAF Loan is a nonrecourse obligation of the Borrower. Borrower and each general partner or limited parlner of Borrower will not have any personal liability for repayment of the loan, except 178
as provided in this Section 14. The sole recourse of City will be the exercise of its rights against the Property and other security for the LMIHAF Loan. Provided, however, that the foregoing will not (a) constitute a waiver of an obligation evidenced by this Note or the City Deed of Trust; (b) limit the right of the City to name Borrower as aparty defendant in any action or suit for judicial foreclosure and sale under this Note and the City Deed of Trust or any action or proceeding hereunder so long as no judgment in the nature of a deficiency judgment will be asked for or taken against Borrower; (c) release or impair this Note or the City Deed of Trust; (d) prevent or in any way hinder the City from exercising, or constitute a defense, an affirmative defense, a counterclaim, or other basis for relief in respect of the exercise of, any other remedy against the mortgaged Properfy or other instrument securing the Note or as prescribed by law or in equity in case of default; (e) prevent or in any way hinder the City from exercising, or constitute a defense, an affirmative defense, a counterclaim, or other basis for relief in respect of the exercise of, its remedies in respect of deposits, insurance proceeds, condemnation awards or other monies or other collateral or letters of credit securing this Note; (f) relieve Borrower of its obligations under an indemnity delivered by Borrower to City; or (g) affect in any way the validity of a guarantee or indemnity from any person of all or any of the obligations evidenced and secured by this Note and the City Deed of Trust. The foregoing provisions of this paragraph are limited by the provision that in the event of the occurrence of a default, Borower and its successors and assigns will have personal liability hereunder for any deficiency judgment, but only if and to the extent Borrower, its principals, shareholders, partners or its successors and assigns received rentals, other revenues, or other payments or proceeds in respect of the mortgaged Property after the occurrence of such default, which rentals, other revenues, or other payments or proceeds have not been used for the payment of ordinary and reasonable operating expenses of the mortgaged Property, ordinary and reasonable capital improvements to the mortgaged Property, debt service, real estate taxes in respect of the mortgaged Property and basic management fees, but not incentive fees, payable to an entity or person unaffiliated with Borrower in connection with the operation of the mortgaged Property, which are then due and payable. Notwithstanding the hrst sentence of this paragraph, City may recover directly from Borrower or from any other party (other than Borrower's Investor Limited Partner):
a. Damages, costs and expenses incurred by the City as a result of fraud or criminal act or acts of Borrower or a partner, shareholder, officer, director or employee of Borrower, or of a member or general or limited partner of Borrower, or of a general or limited partner of such member or general or limited partner;
b. Damages, costs and expenses incurred by City as a result of misappropriation of funds provided for the payment of Acquisition and Development Costs, as described in the Affordable Housing Agreement, rents and revenues from the operation of the Project, or proceeds ofinsurance policies or condemnation proceeds; c. All amounts owing by Borrower pursuant to the indemnification regarding Hazardous Substances under the Environmental Indemnity, and d. All court costs and attorneys' fees reasonably incurred in enforcing or collecting upon any of the foregoing exceptions (provided that City will pay Borrower's reasonable 179
court costs and attorneys' fees if Borrower is the prevailing party in such enforcement or collection action).

15. Borrower waives presentment for payment, demand, protest, and notices of dishonor and of protest; the benefits of all waivable exemptions; and all defenses and pleas on the ground of an extension or extensions of the time of payment or of a due date under this Note, in whole or in part, whether before or after maturity and with or without notice. Borrower hereby agrees to pay all costs and expenses, including reasonable attomey's fees, which may be incurred by the holder hereof, in the enforcement of this Note, the City Deed of Trust or any term or provision of either thereof.

16. Upon the failure of Borrower to perform or observe a term or provision of this Note, or upon the occurrence of an event of default under the terms of the City Deed of Trust, the Affordable Housing Agreement, the Agreement Containing Covenants, or a deed of trust securing a Senior Loan, or other obligations secured by a deed of trust on the Property, and after expiration of the applicable cure period, the holder may exercise its rights or remedies hereunder or thereunder.

17. Defaults and Remedies.
a. Subject to the extensions of time set forth in Section 18, and subject to the further provisions of this Section 17, failure or delay by Borrower to perform a material term or provision of this Note, the City Deed of Trust, the Affordable Housing Agreement, the Agreement Containing Covenants, or a deed of trust securing a Senior Loan, or other obligations secured by a deed of trust on the Property, constitutes a default under this Note. b. The City will give written notice of default to Borrower, specifuing the default complained of by the City. Delay in giving such notice will not constitute a waiver of any default nor will it change the time of default.
c. Failures or delays by the City in asserting its rights and remedies as to a default will not operate as a waiver of default or of such rights or remedies. Delays by the City in assefting its rights and remedies will not deprive the City of its right to institute and maintain actions or proceedings which it may deem necessary to protect, assert, or enforce such rights or remedies.
d. If a monetary event of default occurs under the terms of this Note or the City Deed of Trust, or a deed of trust securing a Senior Loan, or other obligations secured by a deed of trust on the Properfy, prior to exercising its remedies hereunder or thereunder the City will give Borrower, each general partner, and the Investor Limited Partner, concurrent written notice of such default. Borrower will have a reasonable period of time after such notice is given within which to cure the default prior to exercise of remedies by the City under this Note and the City Deed of Trust. ln no event will the City be precluded from exercising remedies if its security becomes or is about to become materially impaired by a failure to cure a default or the default is not cured within ten (10) calendar days after the notice of default is received or deemed received. 180
e. If a non-monetary event of default occurs under the terms of the Affordable Housing Agreement, this Note, the City Deed of Trust, the Agreement Containing Covenants, or a document implementing the Affordable Housing Agreement or a deed of trust securing a Senior Loan or other obligations secured by a deed of trust on the Properfy, prior to exercising its remedies hereunder or thereunder, the City will give Borrower, each General Partner, and the Investor Limited Partner, concurrent notice of such default. If the default is reasonably capable of being cured within thirty (30) calendar days after such notice is received or deemed received, Borrower rvill have such period to effect a cure prior to exercise of remedies by the City under the Affordable Housing Agreement, the Agreement Containing Covenants, this Note and/or the City Deed of Trust. If the default is such that it is not reasonably capable of being cured within thirty (30) days, and Borrower (i) initiates corrective action within said period, and (ii) diligently and in good faith works to effect a cure as soon as possible, then Borrower will have such additional time as is reasonably necessary to cure the default prior to the City's exercise of remedies, but not to exceed ninety (90) days from the notice of default. If Borrower fails to take corrective action or to cure the default within the time set forth above in this Subsection 17.e, the City will give Borrower, the Senior Lender, the Investor Limited Partner written notice thereof, whereupon the Investor Limited Partner, subject to the terms of Borrower's partnership agreement, may take such corrective action, including removing and replacing a general partner. The Investor Limited Partner will have 45 days, or such longer period as is approved by the City Manager or designee, to remove and replace such general partner of Borrower. The City agrees to accept cures tendered by a Senior Lender or the Investor Limited Partner within the time period provided herein. Additionally, in the event the Senior Lender, or Investor Limited Partner is precluded from curing a non-monetary default due to a bankruptcy, injunction, or similar proceeding by or against Borrower or a general partner, the City agrees to forbear from completing a foreclosure (udicial or nonjudicial) during the period during which such party is so precluded from acting, not to exceed 90 days or such additional time as is reasonably approved by the City Manager or designee, provided such Senior Lender or Investor Limited Partner is otherwise in compliance with the foregoing provisions. In no event rvill City be precluded from exercising remedies if its security becomes or is about to become materially jeopardized by a failure to cure a default or the default is not cured within one hundred eighty (180) days after the notice of default is received or deemed received or such additional time as is reasonably approved by the City Manager or designee. f. A notice of default that is transmitted by electronic facsimile transmission followed by delivery of a "hard" copy, will be deemed delivered upon its transmission; a notice of default that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), will be deemed received on the documented date of receipt by Borrower; and a notice of default that is sent by registered or certified mail, postage prepaid, return receipt required will be deemed received on the date of receipt thereof. Notices will be sent to the following addresses:

To City
The City of Orange
300 E. Chapman Avenue
Orange, California 92866
Attention: City Manager
181
To Borrower:
c/o USA Properties Fund, Inc.
3200 Douglas Blvd., Suite 200
Roseville, CA 95661
Attn: President
And
c/o Riverside Charitable Corporation
14131Yorba Street, Suite 204
Tustin, CA9270
Attn: Executive Director
And
Bank of America, N.A.

MA5-100-04-11
100 Federal Street, 46 Floor
Boston, MA 021l0
Attention: Asset Management
And:

Banc of America CDC Special Holding Company, lnc.

MA5-100-04-11
100 Federal Street, 4d Floor
t
Boston, MA 02110
Attention: Asset Management
And:

Buchalter, A Professional Corporation
1000 Wilshire Boulevard, Suite 1500
Los Angeles, CA 90017
Attention: Michael A. Williamson, Esq
Re: 80965-0757 (USA Orion)

18. Notwithstanding specific provisions of this Note, Borrower r.vill not be deemed to be in default for failure to perform a non-monetary obligation hereunder where delays or defaults are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of 182
transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub-contractor or supplier, acts of the City or any other public or governmental authority or entity, or any causes beyond the control or without the fault of the Borrower. An extension of time for any such cause (a "Force Majeure Delay") will be for the period of the enforced delay and will commence to run from the time of the commencement of the cause, if notice by Borrower is sent to the City within fifteen (15) days of knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events will constitute a Force Majeure Delay unless and until Borrower delivers to the City written notice describing the event, its cause, when and how Borrower obtained knowledge, the date and the event commenced, and the estimated delay resulting therefrom.

Borrower will deliver such written notice within thirty (30) days after it obtains actual knowledge of the event. Times of performance under this Note may also be extended in writing by the City and Borrower, such revision approval may be denied by either party in its sole discretion.

19. If the rights created by this Note are held by a court of competent jurisdiction to be invalid or unenforceable as to any part of the obligations described herein, the remaining obligations must be completely performed and paid.

20. The City Deed of Trust securing this Note and all other LMIHAF Loan Documents, except the Agreement Containing Covenants and the Density Bonus Agreement, (i) have been made subordinate and junior to the claims, liens or charges of the Construction Loan Deed of Trust and all other instruments securing the Construction Loan by that certain Subordination Agreement by and among City, Borrower and Construction Lender which is being recorded concurrently with the execution and delivery of this Note and the recordation of the City Deed of Trust, and (ii) have been made subordinate and junior to the claims, liens or charges of the Secondary Loan Deed of Trust and all other instruments securing the Secondary Loan by that certain Subordination Agreement by and among City, Borrower and Secondary Lender which is being recorded concurrently with the execution and delivery of this Note and the recordation of the City Deed of Trust, and will also be subordinate and junior to the claims, liens or charges of the Petmanent Financing Deed of Trust securing Senior Loans and all other instruments securing the Permanent Financing involving Senior Loans.

21. The City agrees that the lien of the City Deed of Trust will be subordinate to the extended low-income housing commitment (as such term is defined in Section 42(hX6XB) of the Intemal Revenue Code) (the "Extended Use Agreement") recorded against the Project; provided that such Extended Use Agreement, by its terms, must terminate upon foreclosure under the City Deed of Trust or upon a transfer of the Project by instrument in lieu of foreclosure or comparable conversion of the Loan, in accordance with Section a2@)(6)(E) of the Internal Revenue Code. The following rule contained in Section a2@)(6)(Exii) of the Internal Revenue Code of 1986, as amended, will also apply: for a period of three (3) years from the date of foreclosure, with respect to any unit that had been regulated by the Extended Use Agreement, (i) none of the tenants occupying those units at the time of foreclosure may be evicted or their tenancy terminated (other than for good cause), (ii) nor may any rent be increased except as otherwise permitted under Section 42 of the Code. Borrower acknowledges and agrees that a default, event of default, or breach (however such terms may be defined) under the Extended Use Agreement will be an event of default under this Note and the City Deed of Trust and that all costs, damages or other 183
amounts, including reasonable attorneys' fees incurred by the City as a result of an event of default by Borrower, and all amounts paid by City to cure a default under the Extended Use Agreement will be an obligation of Borrower and become a part of the debt evidenced by this Note and secured by the City Deed of Trust.

22. With regard to an approval, consent, or other determination by the City required under this Note or the other LMIHAF Loan Documents, the City will act reasonably and in good faith.

23. Borrower will have the right to prepay the obligation evidenced by this Note, or any part thereof, without penalty. However, prepayment of the obligation evidenced by this Note prior to the expiration of the term of the Agreement Containing Covenants will not terminate or modify Borrower's obligations pursuant to the Agreement Containing Covenants or the Density Bonus Agreement.

24. This Note may be executed by each signatory on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
ISTGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF Borrower has executed this Note as of the day and year first set forth above.

BORROWER
ORANGE 702,L.P., a California limited partnership
By: USA Orange 702,Inc., a California corporation,
Administrative General Partner
By:

By: fuverside Charitable Corporation, a California
nonproht public benefit corporation
Managing General Partner
By: e?rr-,AYlrlp
nFcinai Sfi-irir Dep-ty executive Director
185
Agenda Item
Orange City Council
Item #: 3.8. 7/14/2026 File #: 26-0392
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Second Reading and adoption of Ordinance No. 04-26 adding Chapter 8.38 to the Orange Municipal Code relating to the maintenance and security standards for unoccupied or abandoned properties

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 23, 2026.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: Bilodeau

3. RECOMMENDED ACTION
Adopt Ordinance No. 04-26.

4. ATTACHMENTS
· Ordinance No. 04-26
City of Orange Printed on 7/9/2026Page 1 of 1
powered by Legistar™
186
Agenda Item
Orange City Council
Item #: 3.8. 7/14/2026 File #: 26-0392
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 23, 2026.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: Bilodeau

3. RECOMMENDED ACTION
Adopt Ordinance No. 04-26.

4. ATTACHMENTS
· Ordinance No. 04-26
City of Orange Printed on 7/9/2026Page 1 of 1
powered by Legistar™
187
ORDINANCE NO. 04-26

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADDING CHAPTER 8.38 TO THE

ORANGE MUNICIPAL CODE RELATING TO THE

MAINTENANCE AND SECURITY STANDARDS FOR

UNOCCUPIED OR ABANDONED PROPERTIES
WHEREAS, California Constitution, Article XI, Section 7, authorizes cities to make and enforce within its limits all local, police, sanitary, and other ordinances, and regulations not in conflict with general laws; and
WHEREAS, California Government Code section 38771 provides that legislative bodies of cities may declare what constitutes a nuisance; and
WHEREAS, California Government Code section 38772 et seq. further provides that legislative bodies of cities may also provide for the summary abatement of any nuisance at the expense of the persons creating, causing, committing, or maintaining it, and by ordinance may make the expense of abatement of nuisances a lien against the property on which the nuisance is maintained and a personal obligation against the property owner; and WHEREAS, California Health and Safety Code section 101450 authorizes the City Council to take measures necessary to preserve and protect public health, including the adoption of ordinances and regulations to address unsafe, unsecured, and nuisance conditions associated with unoccupied and abandoned properties; and
WHEREAS, the Legislature of the State of California, in adopting section 2929.3 of the California Civil Code (requiring owners of vacant residential property acquired at a foreclosure sale or by foreclosure under a mortgage or deed of trust to adequately maintain the property and to abate any violations threat) specifically provides that said section does not preempt any local ordinance; and
WHEREAS, Unoccupied or Abandoned Properties can be a major cause and source of blight in the City; and
WHEREAS, Unoccupied or Abandoned Properties that are not actively maintained or secured may pose a serious threat to public health and safety due to the secondary effects of criminal activity, vandalism, trespassing, graffiti, fire hazards, unsafe conditions, depressed surrounding property values, and reduced economic development; and WHEREAS, property owners are responsible for preventing their property from becoming a nuisance to the community and from creating a financial burden on City resources due to repeated responses by code enforcement, police, and fire services; and WHEREAS, the City Council finds that Unoccupied or Abandoned Properties may create conditions that threaten the public health, safety, and welfare; and further finds that it is in the best interests of the City and its residents to ensure that all properties within the City are maintained to 188
2 reasonable standards through the adoption of a Maintenance and Security Standards for Unoccupied or Abandoned Properties Ordinance; and
WHEREAS, implementing the foregoing ordinance will assist the City in protecting the community from the negative impacts and conditions that occur as a result of vacancy, absentee ownership, and lack of compliance with City regulations and laws.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

The Ordinance is not a “project” subject to the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 because it involves an organizational and administrative activity of the City of Orange that will not result in direct or indirect physical changes in the environment.

SECTION II:

A new Chapter 8.38 of Title 8 (“Health and Safety”) of the Orange Municipal Code (OMC) is hereby added to read as follows:

CHAPTER 8.38

MAINTENANCE AND SECURITY STANDARDS FOR UNOCCUPIED OR

ABANDONED PROPERTIES

8.38.010 Purpose and Intent.

8.38.020 Definitions.

8.38.030 Applicability; Exceptions.

8.38.040 Right of Inspection and Entry.

8.38.050 Inspection, Classification, Monitoring and Response.

8.38.060 General Maintenance and Security Standards for Unoccupied or Abandoned Properties.

8.38.070 Screening Standards for Unoccupied or Abandoned Storefronts.

8.38.080 Waiver or Modification Request.

8.38.090 Administrative Regulations.

8.38.100 Appeals.

8.38.110 Collection of Fees and/or Costs.

8.38.120 Emergency Abatement Authority.

8.38.130 Enforcement.

8.38.010 Purpose and Intent.

A. The purpose of this chapter is to establish regulations and monitoring program for Unoccupied or Abandoned Properties to assist the City with code enforcement efforts to reduce blight in the City.
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3 B. By establishing maintenance and security standards, inspection and enforcement procedures, penalties, and cost recovery mechanisms, the City will reduce the adverse secondary effects associated with vacant, distressed, unoccupied, and abandoned properties.

C. The Community Development Director is hereby authorized to administer and enforce the provisions of this chapter.

8.38.020 Definitions.

If a term or phrase is not defined in this chapter, or elsewhere in this Code, the most common dictionary definition is presumed to be correct unless the context clearly requires otherwise. “Abandoned” or “Distressed” means any real property (Property) that is Vacant and meets any of the following conditions: (i) is under a current notice of default; (ii) is under a current notice of trustee’s sale; (iii) is pending a tax assessor’s lien sale; (iv) has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or (v) has been transferred under a deed in lieu of foreclosure. “Business Activity” means the lawful, continuous operation of a mixed-use, commercial, or industrial use within a structure, building or on a property for its intended and permitted purpose, as evidenced by customary ongoing activities, including the presence of employees, contractors, or customers during normal or posted business hours, the active offering of goods or services for sale, the maintenance of valid business licenses and required permits, the operation of utilities at levels consistent with occupancy, and the maintenance of inventory, equipment, furnishings, or fixtures appropriate to the business. Business activity shall not include sporadic or incidental use; pop up events or activities, temporary or vending permits; the mere storage or display of furniture, equipment, furnishings, fixtures or merchandise without active operations; maintenance of a business license without on-site activity; administrative use lacking regular physical occupancy (unless such use constitutes the primary permitted use); or any activity undertaken solely to avoid classification as a Unoccupied or Abandoned Property. “Evidence of Vacancy” means conditions existing on or around a Property including but not limited to overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, litter, junk, and/or other debris; the absence of window coverings such as curtains, blinds, and/or shutters; unsecured or broken doors or windows; the absence of commercial furnishings; statements by neighbors, passersby, delivery agents, and government employees or any other evidence that demonstrates that the Property is Vacant, Distressed, Unoccupied or Abandoned. “Owner” includes any person or entity having legal title to, or who leases, rents, occupies or has charge, control, or possession of any real Property in the City, including all persons listed as Owners on the last equalized assessment roll of the Orange County Assessor’s Office. Owners include persons with power of attorney, executors of estates, trustees, heirs, or court-appointed administrators, conservators, guardians, receivers, and any beneficiary and trustee who holds a deed of trust on a Property in the City. For providing notice to an Owner under this Code, “Owner” includes the Owner’s agent, employee, property manager or other legal representative. 190
4 “Screening” means a professionally designed display made of film, vinyl, polymath, canvas, or heavy-duty paper or other material and that is placed on the inside of a window, window area and glass door of an Unoccupied or Abandoned Storefront which conceals the interior of the premises from any public or private view.
“Securing” means making the Property inaccessible to unauthorized person(s), including, but not limited to repair or installation of fences, walls, and other barriers; chaining or pad locking of gates, doors; the repair, replacement or boarding of doors, windows, and/or other openings. “Storefront” means the ground-floor or second story exterior façade of any building, structure or tenant space on a mixed-use, commercial, or industrial property that is designed or intended to provide visual access to the interior and direct access for members of the public to engage in business activity, and that contains one or more display windows, glazed window areas, or glass doors visible from a public street, sidewalk, walkway, private parking area open to the public, or other publicly accessible right-of-way.
“Unoccupied” means any vacant property that is not lawfully inhabited, leased, rented, or actively used for business activity or other purposes consistent with its intended mixed-use, residential, commercial, or industrial zone.
“Vacant” o r “Vacant Property” means any lot, tract, or parcel of land, or any and each building, structure, or improvement thereon, including but not limited to any storefront, individual unit, tenant space, or portion thereof, located within a mixed-use, residential, commercial, or industrial zone, that is not lawfully inhabited, leased, rented, or actively used for business activity or other intended purpose consistent with the Code, and that either (i) remains Unoccupied for more than sixty (60) consecutive calendar days, and/or (ii) exhibits objective Evidence of Vacancy, and/or (iii) is Abandoned or Distressed.

8.38.030 Applicability; Exceptions.

A. Applicability. This chapter applies to all Unoccupied or Abandoned residential, commercial, industrial, and mixed-use properties, including undeveloped land and tenant spaces within multi-tenant buildings.

B. Exceptions. This chapter does not apply as follows:

1. Active Construction Activity. An Unoccupied or Abandoned Property with a valid, unexpired building permit where inspections occur at least once every three (3) months for construction activities (e.g., demolition, repair, alteration, rehabilitation, or tenant improvements), and the owner is diligently progressing toward completion.

2. Pending Permits, Licenses or Approval. The owner or leaseholder has filed an application for, and is actively seeking to obtain authorization, permits, or licenses required by State, County, or local law permitting the lawful use and occupancy of the Unoccupied or Abandoned Property.
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5 3. Actively Marketed Residential Properties. A vacant unit or entire dwelling including, but not limited to, a multi-family development, apartment, duplex, condominium, townhouse, single-family residence, ADU, JADU, or short-term rental in a residential zone that is actively and continuously offered for sale, lease, or rent, and otherwise complies with all applicable Federal, State, and OMC requirements, including this chapter.

C. Notwithstanding this section, an Unoccupied or Abandoned Property is ineligible for exclusion if the owner, although promptly correcting violations within forty-eight (48) hours of notice by the Code Enforcement Division, receives more than two (2) written notices of violation within any sixty (60) calendar-day period.

8.38.040 Right of Inspection and Entry.

The Community Development Director, or any authorized City personnel, may enter and inspect any unoccupied, abandoned, or suspected vacant property at reasonable times for purposes of enforcing this chapter, with the verbal or written consent of the owner or person in control of the property. If entry is refused, the City may seek an administrative inspection warrant in accordance with applicable law. In cases of emergency, or where conditions pose an immediate threat to public health, safety, or welfare, the City may enter the Property without prior notice or warrant to the extent permitted by law. The City may also enter the Property to abate violations as authorized by law, this chapter, or other provisions of the Code.

8.38.050 Inspection, Classification, Monitoring and Response.

A. Upon receipt of a complaint or through proactive enforcement efforts involving an Unoccupied or Abandoned Property, the City, including the Community Development Department, Fire Department, Police Department, and other designated City personnel, may conduct an inspection of the interior and/or exterior of the Property following reasonable notice or as otherwise authorized by law or this chapter. Reasonable notice shall consist of the City providing not less than three (3) calendar days’ advance written notice of the inspection, specifying the date and time of the inspection. A visual exterior inspection of an Unoccupied or Abandoned Property may be conducted by City personnel without entering the Property and from a public right-of-way, adjacent private property with the consent of the owner or person in control of such property, or as otherwise permitted by law.

B. Notice of Violations and Classification of Unoccupied or Abandoned Property. Following an inspection by Code Enforcement, the owner of an Unoccupied or Abandoned Property that does not qualify as a Level 1—Stable Property shall be either served, by mail, certified mail, personal service, and/or posting on the Property, with a written notice of violation. The notice shall specify the violations as contained in this chapter and provide a reasonable period to correct or otherwise remedy them. If the violations remain uncorrected after the compliance period, the Property shall be assigned a classification based on its overall condition and level of compliance, as follows:

1. Level 1—Stable Property: An Unoccupied or Abandoned Property maintained in full compliance with the OMC and provisions contained in this chapter. Stable Properties shall 192
6 not be subject to Monitoring and Response Fees, and the related Code Enforcement case shall be closed.

2. Level 2—At-Risk Property: In addition to any citations, notices and/or fees or costs of City enforcement efforts, including costs to abate a nuisance, Unoccupied or Abandoned Property that exhibits violations of the OMC and/or provisions contained in this chapter shall be subject to biweekly monitoring and response by City Code enforcement. At Risk Properties are subject to biweekly Monitoring and Response Fees.

3. Level 3—Problematic Property: In addition to any citations, notices and/or fees or costs of City enforcement efforts, including costs to abate a nuisance, a Unoccupied or Abandoned Property that exhibits violations of the OMC and/or provisions contained in this chapter and is unsafe, dangerous, substandard, unlawful, hazardous, condemned, fire damaged buildings, structures, equipment, or property that are not safe and/or unfit for human occupancy pursuant to the OMC or State law, and/or poses immediate threat to the public health, safety, and welfare shall be subject to a weekly monitoring and response by City Code enforcement. Problematic Property is subject to weekly Monitoring and Response Fees.

C. In addition to the provisions of this chapter, Level 2 and 3 properties are subject to all applicable City enforcement actions, including but not limited to, criminal, administrative, and civil citations, for violations of the OMC, State or Federal law, or for conditions constituting a public nuisance.

D. Unsafe, dangerous, substandard, unlawful, hazardous, condemned, or fire damaged buildings, structures, equipment, or property that are not safe and/or unfit for human occupancy pursuant to the OMC or State law shall either be demolished or fully repaired by obtaining a valid building permit within ninety (90) days. The Community Development Director may grant continuation if documentation is provided to the satisfaction of the Director showing any delay is of no fault of the Owner and the Owner has made good faith efforts to demolish or fully repair within said ninety (90) days. Until demolition or repairs are completed, the Owner shall secure the building, structure, and property to prevent unauthorized access.

E. If an Unoccupied or Abandoned Property moves from Stable to At Risk or from At Risk to Problematic, the Monitoring and Response Fees will be set to the higher classification.

Likewise, if an Unoccupied or Abandoned Property moves to a lower classification, the fees will be the lower classification, if any. The Code Enforcement Division of the City will conduct a reassessment of the Unoccupied or Abandoned Property upon request of the Property Owner.

F. An Unoccupied or Abandoned Property may be reclassified based on the following:

1. The Property Owner has made the required corrections to the Unoccupied or Abandoned Property to become fully compliant with the OMC and/or provisions contained in this chapter;
193
7 2. The Property Owner has had no new violations documented or observed for the past sixty (60) consecutive days by the Community Development Department; and

3. The Property Owner requests a site inspection at least two (2) weeks prior to the due date of the current monitoring and response fee being billed.

G. If the Unoccupied or Abandoned Property qualifies for a lower classification, then the corresponding Monitoring and Response Fees, if any, will be assessed.

H. Monitoring and Response Fees as established by resolution of the City Council and those contained in the City’s Master Fee Schedule shall be billed and paid to the City within thirty (30) calendar days of the billing notice to any applicable property owner of an Unoccupied or Abandoned Property. Monitoring and Response Fees shall fully recover the City’s costs for Code Enforcement administration, equipment, supplies and personnel, as well as applicable hourly rates set forth in the City’s Master Fee Schedule for personnel responses by Building and Safety, Fire, Police and/or any other designated City personnel enforcing the provisions of this chapter. These fees are not refundable, prorated, or rebated. The assessment of applicable Monitoring and Response Fees by Code Enforcement upon a property owner of an Unoccupied or Abandoned Property is final, unless appealed in accordance with this chapter.

8.38.060 General Maintenance and Security Standards for Unoccupied or Abandoned Properties.

A. Every owner of real property within the City is required to maintain such property in a manner so as not to violate the provisions of this chapter or this Code and such owner remains strictly liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

B. Unless the Community Development Director provides in writing waiver from the following requirements, Unoccupied or Abandoned Property Owners shall ensure:

1. Maintenance of landscaping be maintained in a clean, watered, and weed-free condition, with hedges, bushes, and shrubs not exceeding forty-two (42) inches in height to ensure clear visibility from the public right-of-way, trees regularly pruned to remove overgrowth and dead or dying material, adequate irrigation provided to sustain all vegetation, and any dead or dying plant material removed; additionally, approved groundcover, hardscape, or softscape shall be installed and maintained throughout the period of vacancy, with groundcover not exceeding six (6) inches in height and supported by adequate irrigation, and the Director may require additional measures as necessary to eliminate unsafe conditions.

2. Maintenance of the exterior of the building or structure, including, but not limited to, ensuring paint, finishes, roof, windows and doors, fences and walls, and porches and patios are in a good condition.
194
8 3. Maintenance of any swimming pools, spas, or water in such a manner so as to be free and clear of pollutants, debris, mosquitoes, insects, vectors, water that is clouded or green, bacterial growth, or algae and properly Securing with minimum security fencing and self-locking devices, as required by State law.

4. Regular removal of interior and exterior junk, trash, litter, debris, newspapers, flyers, lumber, construction materials, household furniture, appliances, clothing, combustible material, or discarded, unused, or abandoned personal property and graffiti, tagging, or other markings, with any painting over to be done with similar exterior grade colored paint.

5. Property is secured so as to prevent unauthorized trespassing on the premises, or, squatting, drug or criminal activity, malicious mischief, vandalism, and other public nuisances.

6. Provide power for exterior lighting, any applicable fire sprinkler system, fire or burglar alarm, security surveillance systems or irrigation systems, which shall all be maintained in working order.

7. Maintenance of Screening material free from blight and not accessible to unauthorized persons, including, but not limited to, the replacement of broken windows, doors and the closing and locking of windows, doors (walk-through, sliding and garage), gates, fences and any other opening that may allow access to the interior or exterior of the Property.

8. Provide evidence of pest and rodent control if requested by Code Enforcement Division to verify that any infestation has been treated by a State licensed pest control professional.

9. Remove any parked, abandoned, or inoperative vehicles including any vehicle parts thereof that are visible to public view and/or from an adjoining Property.

10. Maintain all emergency access areas, egress points, stairways, roof-access ladders and exit signage are in functioning condition and free from obstruction.

11. Removal of abandoned signs that advertise goods or services which have not been available for a period of ninety (90) or more days and the area where signs were installed maintained or painted to match the existing building or structural color.

12. Maintenance of parking areas free of deterioration, potholes and in accordance with the applicable zoning standards and off-street parking requirements and/or conditions of approval, including, but not limited to, lighting, stall markings, art installations, signage, bollards, fire lane markings, and permitted mechanical equipment.

13. Installation of a key box to provide emergency access, if necessary, and as approved by the Fire Chief, or designee.
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9 14. Posted with conspicuous signage displaying the name and 24-hour contact telephone number of the owner or local property management company for receipt of public and City complaints to mitigate nuisance conditions, as well as “No Trespassing” signage, as required by State law.

15. Motion-activated video surveillance cameras and lighting in working order and provides two-way communication and mobile live-view video feed for physical monitoring by means of the Owner. “Continuous physical monitoring” shall mean the use of a local and CA licensed security patrol agency providing either onsite fixed security personnel, roaming security patrol and/or video surveillance;
a. Property Documentation demonstrating adequate security patrol is being provided by as determined by the Code Enforcement Division.

16. Broken windows, doors, and other openings are secured as required by the Code Enforcement Division or Police Department including temporary board-up must be painted in a color consistent with the exterior of the building. Plywood must be of un- sanded CDX grade and must have a minimum thickness of one-half inch for window openings, five-eighths inch for door openings and three-quarter inch for a sliding door and French door openings; Plywood boarding must be completed to a minimum of the current United States Department of Housing and Urban Development (HUD) Securing standards at the time the boarding is completed or required and must be consistent with the requirements of this chapter.
a. Long-term boarding of windows, doors or other openings exceeding thirty (30) days may be considered and approved by the Director upon a showing of good cause or reason by the Owner for keeping the boarded building secured against unauthorized trespassing long-term.

17. If applicable maintain unimproved Vacant lots or improved Unoccupied or Abandoned buildings or structures secure in accordance with the following standards:
a. Temporary perimeter fencing, a minimum of forty-two (42) inches and not exceeding six (6) feet in height, constructed of wrought iron, chain link, Kentucky- style fencing, or other building materials approved by the Director, including mesh or other screening material secured to the interior side, that provides at least fifty percent (50%) visibility from ground level and includes a secured gate for emergency access.
b. Temporary fencing must be kept free of posters, signs, graffiti, artwork, or similar decoration unless it is approved by the Director. All unauthorized postings, signage, artwork, graffiti, or similar decoration must be immediately removed, and/or the fencing, mesh, or other Screening material be painted over to match the existing color;
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10 c. Missing or damaged temporary fencing or mesh material must be repaired or replaced.

18. Compliance with Laws. The Property, including any building, structure, tenant space, or storefront, shall be maintained and operated in compliance with all applicable local, State, and Federal laws, including, but not limited to, zoning, building, fire, public health, safety, welfare and administrative regulations.

8.38.070 Screening Standards for Unoccupied or Abandoned Storefronts.

A. An Unoccupied or Abandoned Property with a Storefront shall maintain at least one of the following types of Storefront window Screening displays on or inside all ground-floor or second story exterior façade windows, window areas and glass doors visible from a public street, sidewalk, walkway, private parking area open to the public, or other publicly accessible right-of-way of the Property:

1. Faux window dressings containing goods, services, or a future business at the location with the appearance of a vibrant business using background panels or other methods to screen views of the Unoccupied or Abandoned Storefront windows, window areas and glass doors;

2. Works of art, including paintings or sculptures or other displays of cultural, historical pictures of the City, or educational value, utilizing colorful and vibrant materials, and using background panels or other methods to screen views of the Unoccupied or Abandoned Storefront windows, window areas and glass doors;

3. Paintings or graphic design applied directly to the windows, window areas and glass doors surface featuring visually appealing, colorful, vibrant scenes, shapes, or images; Other design or decorative measures approved by the Director or designee in writing that achieves the purpose of this chapter to avoid visual blight in the City’s mixed-use, commercial or industrial zones and to enliven pedestrian or vehicular traffic experiences while passing through;
a. Storefront window, window area, and glass door Screening shall comply with the following standards:
i. Any adhesive materials used to affix the Screening shall not be visible from the exterior of the Storefront windows, window areas, or glass doors; ii. No seams, gaps, or overlaps in the Screening material shall be visible from the exterior of the Storefront windows, window areas, or glass doors; iii. All window Screenings shall be maintained in a clean, neat, and orderly condition and shall not be torn, faded, damaged, or otherwise deteriorated; iv. Storefront windows, window areas, and glass doors shall not be screened or covered with textile or temporary materials, including but not limited to fabric, 197
11 tarps, cloth, plastic film, metal foil, rubber sheeting, vinyl plastic, cardboard, or paper; and
v. All window Screening shall be removed within thirty (30) calendar days after lawful occupancy and active business activity or operations have commenced, unless an extension is approved in writing by the Director or designee.

8.38.080 Waiver or Modification Request.

The Owner may submit to the Community Development Director a Request for Waiver or Modification of the Unoccupied or Abandoned Property Requirements on a form provided by the Community Development Department. The Director shall consider the relevant facts and circumstances in determining whether the requested change is necessary to protect the property or surrounding community from nuisance conditions or threats to the public health, safety, and welfare. The Director’s decision is final, unless appealed in accordance with this chapter.

8.38.090 Administrative Regulations
Authority to Adopt Administrative Regulations. The Community Development Director may adopt, modify and implement administrative rules, procedures, and requirements consistent with this chapter as necessary to enforce and administer the Unoccupied or Abandoned Property regulations. All regulations must be published in advance and filed with the City Clerk's office for public inspection.

8.38.100 Appeals.

A. Any Owner may appeal to the City Manager, or designee any decision or action arising from this chapter by filing a written notice of appeal to the City Clerk’s office.

B. The appeal and payment of the administrative appeal fee must be received at the Clerk’s Office no later than fourteen (14) days of a decision or action. The administrative appeal fee as established by resolution of the City Council. An appeal will not be accepted without payment of the administrative appeal fee.

C. An independent hearing officer shall be selected by the City Manager to hear and make a determination as to the appeal. The hearing officer shall set the date and time of the hearing.

At the hearing, the Owner who filed the appeal shall have the burden of proof by a preponderance of the evidence and may be given the opportunity to testify, present witnesses and evidence concerning the appeal as determined by the hearing officer.

D. The hearing officer shall issue a written decision within fourteen (14) business days to either uphold, dismiss, or modify any decision or action. The hearing officer shall state the reasons for the decision and shall send a copy of the decision to the appellee and to the Community Development Department. The decision of the hearing officer is final, unless appealed as permitted by State law.
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12 8.38.110 Collection of Fees and/or Costs.

A. Each collection of fees in connection with any applicable Monitoring and Response Fee(s) and/or emergency abatement costs, shall be billed, and paid to the City within thirty (30) calendar days of each billing notice date.

B. If the fees are not paid within thirty (30) calendar days of each billing notice date, the City may use all available legal and equitable remedies to collect any fees as allowed by law, including, but not limited to, the recordation of a lien (secured or unsecured) with the Orange County Recorder’s Office.

C. The City may also withhold, or refuse to issue, extend, or renew any City permit, license, or other City approval to any Owner who has unpaid fees and/or costs under this chapter.

8.38.120 Emergency Abatement Authority.

Nothing in this chapter shall supersede or otherwise interfere with the City’s rights or remedies pursuant to other provisions of the Orange Municipal Code, or Federal, State, or local laws. Upon the failure or refusal of an Owner to eliminate or abate any violation(s) of this chapter, the City may, at its election, to cause the Unoccupied or Abandoned Property to be maintained, secured or in any other manner necessary to eliminate or abate the violation(s) and charge the Unoccupied or Abandoned Property Owner for the City’s costs thereto. This abatement may be performed by City personnel, private contract vendor, or by any other means as determined by the City. The failure by the Owner to abate the violation(s) shall result in any costs and/or expenses incurred by the City to abate any violation(s) be billed to the Owner, which may be assessed as a lien against the Property, including interest thereon, until paid in full.

8.38.130 Enforcement.

A. Strict Liability. Any violation of this chapter constitutes a strict liability offense and shall be deemed to have occurred regardless of the Owner’s intent, knowledge, negligence, or fault, and regardless of whether the Owner knew or reasonably should have known of the violation.

B. Violations Unlawful. It is unlawful and declared a public nuisance for any person or Owner having charge, control or failed to maintain an Unoccupied or Abandoned Property contrary to the provisions of this chapter.

C. No limitation on other remedies. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

D. This chapter provides a nonexclusive and cumulative method of enforcement. The City may pursue any and all other remedies authorized by this Code and applicable law, whether concurrently, separately, or consecutively, including but not limited to administrative and criminal enforcement under Chapters 1.08 and/or 1.10, civil actions (including injunctive relief), and nuisance abatement procedures. This chapter supplements all other remedies available under the Orange Municipal Code, State law, and other applicable regulations. 199
13 E. Any person or Owner found in violation of Sections 8.38.060, and/or 8.38.070 of the Orange Municipal Code may be subject to administrative citation, with progressive fines established by City Council resolution.

1. Progressive fines as established by resolution of the City Council shall be as follows for each violation:
a. 1st Violation within a twelve (12) month period.
b. 2nd Violation within a twelve (12) month period.
c. 3rd and Subsequent Violation within a twelve (12) month period.

F. Appeals of Fines. Administrative fines issued under this chapter may be appealed in accordance with Chapter 1.10 upon payment of an applicable administrative citation appeal fee as adopted by resolution of the City Council. The administrative citation appeal fee is intended to offset City costs associated with report preparation, evidence compilation, and hearing officer services.

SECTION III:

If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

SECTION IV:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

ADOPTED this ____ day of ___________________, 2026.

Daniel R. Slater, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange
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14 APPROVED AS TO FORM:

Nathalie Adourian, City Attorney
City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 23rd day of June, 2026, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2026 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
201
Agenda Item
Orange City Council
Item #: 3.9. 7/14/2026 File #: 26-0394
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Second Reading and adoption of Ordinance No. 11-26 amending Chapter 10.40 of the Orange Municipal Code pertaining to parking meter zones

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 23, 2026.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: Bilodeau

3. RECOMMENDED ACTION
Adopt Ordinance No. 11-26.

4. ATTACHMENTS
· Ordinance No. 11-26
City of Orange Printed on 7/9/2026Page 1 of 1
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Agenda Item
Orange City Council
Item #: 3.9. 7/14/2026 File #: 26-0394
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Second Reading and adoption of Ordinance No. 11-26 amending Chapter 10.40 of the Orange Municipal Code pertaining to parking meter zones

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 23, 2026.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: Bilodeau

3. RECOMMENDED ACTION
Adopt Ordinance No. 11-26.

4. ATTACHMENTS
· Ordinance No. 11-26
City of Orange Printed on 7/9/2026Page 1 of 1
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ORDINANCE NO. 11-26

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ORANGE AMENDING CHAPTER

10.40 OF THE ORANGE MUNICIPAL CODE

PERTAINING TO PARKING METER ZONES
WHEREAS, Chapter 10.40 of the Orange Municipal code defines and establishes on and off-street paid parking zones, establishes on and off-street parking meter fees, and establishes mechanics of the paid parking program; and
WHEREAS, the purpose of the City's paid parking program is to promote parking availability and turnover within commercial and mixed-use areas while supporting access to businesses, services, and public facilities; and
WHEREAS, providing administrative authority to adjust parking time limits within established parameters will allow the City to respond more efficiently to changing parking demands and operational needs while maintaining the objectives of the paid parking program; and WHEREAS, the City desires to authorize the Public Works Director to establish and adjust within parking meter zones, not exceeding four (4) hours.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

That the recitals and findings contained herein are true and correct, incorporated herein, and with the public record, form the basis for this Ordinance.

SECTION II:

Section 10.40.120 of the Orange Municipal Code, “Vehicles and Traffic - Parking Meters - Time of Parking in Parking Meter Zones,” is hereby amended to read as follows:

10.40.120 Time of Parking in Parking Meter Zones.

A. The Public Works Director is authorized to establish and adjust the maximum legal parking time for parking spaces within parking meter zones, provided that the maximum legal parking time shall not exceed four (4) hours. The maximum legal parking time shall be indicated by signs adjacent to the parking meter or parking meter stand. Appropriate signage shall be installed or updated to reflect any change in maximum legal parking time prior to enforcement of such change.
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2 B. The maximum legal parking time shall not be in excess of any maximum legal parking time which may be prescribed and determined and posted as provided elsewhere in this title.

C. Nothing contained herein shall be deemed or construed to permit parking during times or hours prohibited elsewhere in this title.

SECTION III:

SECTION IV:

ADOPTED this day of 2026.

Daniel R. Slater, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:

Nathalie Adourian, City Attorney
City of Orange
205
3 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 23rd day of June 2026, and thereafter at the regular meeting of said City Council duly held on the _____ day of _______________, 2026 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
206
Agenda Item
Orange City Council
Item #: 3.10. 7/14/2026 File #: 26-0401
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Alan Velasco, Fire Chief

1. SUBJECT
Authorize purchase of medical supplies and medications from Life-Assist, Inc.

2. SUMMARY
Purchase of medical supplies and medications in the amount of $425,000 through an Intergovernmental Cooperative Purchasing Agreement, Master Agreement No. PS25830 with the League of Oregon Cities.

3. RECOMMENDED ACTION
Approve the purchase of medical supplies and medications from Life-Assist, Inc. in an amount of $425,000 for Fiscal Year 2026-2027.

4. FISCAL IMPACT
The total expense for this purchase is $425,000 and will be funded through EMT Transport (225):
225-3122-53101 Operating Materials & Supplies

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services

6. DISCUSSION AND BACKGROUND
The Fire Department procures medical supplies from several vendors, with Life Assist, Inc. (Life Assist) representing the largest share of these purchases. Due to the continued increase in medical call volume and rising supply costs, the department anticipates the need for a purchase order with Life Assist in the amount of $425,000. These costs are funded through the EMT Transport Fund, and the medical supplies and medications administered in the field are typically reimbursed through patient billing.

Life Assist continues to provide the most competitive pricing through its extended cooperative purchasing opportunities. In November 2025, Life Assist was awarded a National Purchasing Partners (NPPGov) contract with the League of Oregon Cities (Master Agreement No. PS25830), which is valid through 2031. Through this agreement, Life Assist extends cooperative pricing to the City of Orange, ensuring the lowest available pricing for medical supplies and medications and providing cost stability throughout the contract term.

The Fire Department recommends that the City Council approve a blanket purchase order in the City of Orange Printed on 7/9/2026Page 1 of 2
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Item #: 3.10. 7/14/2026 File #: 26-0401
The Fire Department recommends that the City Council approve a blanket purchase order in the amount of $425,000 with Life Assist for the procurement of medical supplies and medications.

7. ATTACHMENTS
· Master Agreement with League of Oregon Cities
City of Orange Printed on 7/9/2026Page 2 of 2
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Agenda Item
Orange City Council
Item #: 3.10. 7/14/2026 File #: 26-0401
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Alan Velasco, Fire Chief

1. SUBJECT
Authorize purchase of medical supplies and medications from Life-Assist, Inc.

3. RECOMMENDED ACTION
Approve the purchase of medical supplies and medications from Life-Assist, Inc. in an amount of $425,000 for Fiscal Year 2026-2027.

4. FISCAL IMPACT
The total expense for this purchase is $425,000 and will be funded through EMT Transport (225):
225-3122-53101 Operating Materials & Supplies

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services

The Fire Department recommends that the City Council approve a blanket purchase order in the City of Orange Printed on 7/9/2026Page 1 of 2
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Item #: 3.10. 7/14/2026 File #: 26-0401
The Fire Department recommends that the City Council approve a blanket purchase order in the amount of $425,000 with Life Assist for the procurement of medical supplies and medications.

7. ATTACHMENTS
· Master Agreement with League of Oregon Cities
City of Orange Printed on 7/9/2026Page 2 of 2
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Contract Number: PS25830

LEAGUE OF OREGON CITIES

MASTER PRICE AGREEMENT

This Master Price Agreement is effective as of the date of the last signature below (the “Effective Date”) by and between the LEAGUE OF OREGON CITIES, an Oregon public corporation under ORS Chapter 190 (“LOC” or “Purchaser”) and Life-Assist, Inc. (“Vendor”).

RECITALS

WHEREAS, the Vendor is in the business of selling certain Medical Products, Monitors, Software, Data Transmission, and Related Services, as further described herein; and

WHEREAS, the Vendor desires to sell and the Purchaser desires to purchase certain products and related services all upon and subject to the terms and conditions set forth herein; and

WHEREAS, through a solicitation for Medical Products, Monitors, Software, Data Transmission, and Related Services the Vendor was awarded the opportunity to complete a Master Price Agreement with the LEAGUE OF OREGON CITIES as a result of its response to Request for Proposal No. 2535 for Medical Products, Monitors, Software, Data Transmission, and Related Services; and

WHEREAS, the LEAGUE OF OREGON CITIES asserts that the solicitation and Request for Proposal meet Oregon public contracting requirements (ORS 279, 279A, 279B and 279C et. seq.); and

WHEREAS, Purchaser and Vendor desire to extend the terms of this Master Price Agreement to benefit other qualified government members of National Purchasing Partners, LLC dba Public Safety GPO, dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov;

NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows:

ARTICLE 1 – CERTAIN DEFINITIONS

1.1 “Agreement” shall mean this Master Price Agreement, including the main body of this Agreement and Attachments A-G attached hereto and by this reference incorporated herein, including Purchaser’s Request for Proposal No. 2535 (herein “RFP”) and Vendor’s Proposal submitted in response to the RFP (herein “Vendor’s Proposal”) as referenced and incorporated herein as though fully set forth (sometimes referred to collectively as the “Contract Documents”).

1.2 “Applicable Law(s)” shall mean all applicable federal, state, tribal, and local laws, statutes, ordinances, codes, rules, regulations, standards, orders and other governmental requirements of any kind.

1.3 “Employee Taxes” shall mean all taxes, assessments, charges and other amounts whatsoever payable in respect of, and measured by the wages of, the Vendor’s employees (or subcontractors), as required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal, state, tribal or local law.

1.4 “Purchaser’s Destination” shall mean such delivery location(s) or destination(s) as Purchaser may prescribe from time to time.

Docusign Envelope ID: BD7801DA-2F22-4B0E-921E-647D3BBC7532 211850
Contract Number: PS25830

2 1.5 “Products and Services” shall mean the products and/or services to be sold by Vendor hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers.

1.6 “Purchase Order” shall mean any authorized written order for Products and Services sent by Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmission as Purchaser and Vendor may from time to time agree.

1.7 “Unemployment Insurance” shall mean the contribution required of Vendor, as an employer, in respect of, and measured by, the wages of its employees (or subcontractors) as required by any applicable federal, state or local unemployment insurance law or regulation.

1.8 “National Purchasing Partners” or “(NPP)” is a subsidiary of two nonprofit health care systems.

The Government Division of NPP, hereinafter referred to as “NPPGov”, provides group purchasing marketing and administrative support for governmental entities within the membership. NPPGov’s membership includes participating public entities across North America.

1.9 “Lead Contracting Agency” shall mean the LEAGUE OF OREGON CITIES, which is the governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement.

1.10 “Participating Agencies” shall mean members of National Purchasing Partners for which Vendor has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C herein. For purposes of cooperative procurement, “Participating Agency” shall be considered “Purchaser” under the terms of this Agreement.

1.11 “Party” and “Parties” shall mean the Purchaser and Vendor individually and collectively as applicable.

ARTICLE 2 – AGREEMENT TO SELL

2.1 Vendor hereby agrees to sell to Purchaser such Products and Services as Purchaser may order from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and conditions of this Agreement. Purchaser agrees to purchase those Products and Services ordered by Purchaser by Purchase Order in accordance with and subject to the terms, covenants and conditions of this Agreement.

2.2 Vendor may add additional products and services to the contract provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Vendor may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement.

Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.

2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements.

Docusign Envelope ID: BD7801DA-2F22-4B0E-921E-647D3BBC7532 212851
Contract Number: PS25830

3 2.4 Notwithstanding any other provision of this Agreement to the contrary, the Lead Contracting Agency shall have no obligation to order or purchase any Products and Services hereunder and the placement of any Purchase Order shall be in the sole discretion of the Participating Agencies. This Agreement is not exclusive. Vendor expressly acknowledges and agrees that Purchaser may purchase at its sole discretion, Products and Services that are identical or similar to the Products and Services described in this Agreement from any third party.

2.5 In case of any conflict or inconsistency between any of the Contract Documents, the documents shall prevail and apply in the following order of priority:

(i) This Agreement;
(ii) The RFP;
(iii) Vendor’s Proposal;

2.6 Extension of contract terms to Participating Agencies:

2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to Purchaser under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperative Purchasing Agreement (“IGA”) as may be required by each Participating Agency’s local laws and regulations, in accordance with Attachment C. Each Participating Agency will be exclusively responsible for and deal directly with Vendor on matters relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and Services in accordance with the terms and conditions of this Agreement as if it were “Purchaser” hereunder. Any disputes between a Participating Agency and Vendor will be resolved directly between them under and in accordance with the laws of the State in which the Participating Agency exists.

Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as a result of the access and utilization of this Agreement by other Participating Agencies.

2.6.2 This Solicitation meets the public contracting requirements of the Lead Contracting Agency and may not be appropriate under or meet Participating Agencies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counse l to ensure compliance with all local , tribal, and state solicitation requirements.

2.6.3 Vendor acknowledges execution of the Vendor Administration Fee Agreement, Contract Number VA25830, with NPPGov, pursuant to the terms of the RFP.

2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List (“Procurement List”) pursuant to ORS 279.835-.855.

See www.OregonRehabilitation.org/qrf for more information. Vendor shall not sell products and services identified on the Procurement List (e.g., reconditioned toner cartridges) to Purchaser or Participating Agencies within the state of Oregon.

ARTICLE 3 – TERM AND TERMINATION

3.1 The initial contract term shall be for four (4) calendar years from the Effective Date of this Agreement (“Initial Term”). Upon termination of the original four (4) year term, this Agreement shall automatically extend for a one (1) year period; (“Renewal Term”); provided, however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term.

Docusign Envelope ID: BD7801DA-2F22-4B0E-921E-647D3BBC7532 213852
Contract Number: PS25830

4 3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach within thirty (30) days after receiving written notice of such breach from the non-breaching party.

ARTICLE 4 – PRICING, INVOICES, PAYMENT AND DELIVERY

4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on Attachment A, including shipping. Unless Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase.

Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members upon execution of the IGA.

4.2 Vendor shall submit original invoices to Purchaser in form and substance and format reasonably acceptable to Purchaser. All invoices must reference the Purchaser’s Purchase Order number, contain an itemization of amounts for Products and Services purchased during the applicable invoice period and any other information reasonably requested by Purchaser, and must otherwise comply with the provisions of this Agreement. Invoices shall be addressed as directed by Purchaser.

4.3 Unless otherwise specified, Purchaser is responsible for any and all applicable sales taxes.

Attachment A or Vendor’s Proposal (Attachment E) shall specify any and all other taxes and duties of any kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this Agreement and all charges for packing, packaging and loading.

4.4 Except as specifically set forth on Attachments A and G, Purchaser shall not be responsible for any additional costs or expenses of any nature incurred by Vendor in connection with the Products and Services, including without limitation travel expenses, clerical or administrative personnel, long distance telephone charges, etc. (“Incidental Expenses”).

4.5 Price reductions or discount increases may be offered at any time during the contract term and shall become effective upon notice of acceptance from Purchaser.

4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery costs, and subject to Attachments A, E, and G herein, Vendor shall offer delivery and/or shipping costs prepaid FOB Destination. If there are handling fees, these also shall be included in the pricing.

4.7 Unless otherwise directed by Purchaser for expedited orders, Vendor shall utilize such common carrier for the delivery of Products and Services as Vendor may select; provided, however, that for expedited orders Vendor shall obtain delivery services hereunder at rates and terms not less favorable than those paid by Vendor for its own account or for the account of any other similarly situated customer of Vendor.

4.8 Vendor shall have the risk of loss of or damage to any Products until delivery to Purchaser.

Purchaser shall have the risk of loss of or damage to the Products after delivery to Purchaser. Title to Products shall not transfer until the Products have been delivered to and accepted by Purchaser at Purchaser’s Destination.

ARTICLE 5 – INSURANCE

5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shall cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts Docusign Envelope ID: BD7801DA-2F22-4B0E-921E-647D3BBC7532 214853
Contract Number: PS25830

5 generally carried by reasonably prudent manufacturers in the industry, with one or more reputable insurance companies licensed to do business in Oregon and any other state or jurisdiction where Products and Services are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency upon 48 hours’ notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO THIS

REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS MASTER PRICE AGREEMENT.

5.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted.

Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Lead Contracting Agency under such policies. Vendor shall be solely responsible for the deductible and/or self-insured retention and the Lead Contracting Agency, at its option, may require Vendor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.

5.3 Vendor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance. Vendor waives all rights against the Lead Contracting Agency and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Vendor pursuant to this Agreement.

5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty days (30 days) prior written notice to the Lead Contracting Agency.

5.5 Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Purchaser and other additional insureds for losses paid under the insurance policies required by this Agreement. The waiver must apply to all deductibles and/or self-insured retentions applicable to the necessary insurance that the Vendor maintains.

ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS

6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor, or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Vendor under this Agreement or Vendor’s performance under this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the Products and Services or any part thereof infringe any third party’s U.S. patent, copyright, trademark, trade secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors.

The amount and type of insurance coverage requirements set forth herein will in no way be construed as Docusign Envelope ID: BD7801DA-2F22-4B0E-921E-647D3BBC7532 215854
Contract Number: PS25830

6 limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article shall survive the expiration or termination of this Agreement for two years.

6.2 LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY

SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION

WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR

INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS

OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3 The same terms, conditions and pricing of this Agreement may be extended to government members of National Purchasing Partners, LLC. In the event the terms of this Agreement are extended to other government members, each government member (procuring party) shall be solely responsible for the ordering of Products and Services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non- procuring parties or unrelated purchasing parties harmless from any liability that may arise from action or inaction of the procuring party.

ARTICLE 7 – WARRANTIES

Purchaser shall refer to Vendor’s Proposal for all Vendor and manufacturer express warranties, as well as those warranties provided under Attachment B herein.

ARTICLE 8 - INSPECTION AND REJECTION

8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled.

8.2 If any of the Products are found at any time to be defective in material or workmanship, damaged, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either to (i) return any damaged, non-conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall not constitute acceptance of the Products covered by such invoice, and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement.

8.3 The provisions of this Article shall survive the expiration or termination of this Agreement.

ARTICLE 9 – SUBSTITUTIONS

Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any portion thereof, of any kind without the prior written consent of Purchaser.

ARTICLE 10 - COMPLIANCE WITH LAWS

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7 10.1 Vendor agrees to comply with all Applicable Laws and at Vendor’s expense, secure and maintain in full force during the term of this Agreement, all licenses, permits, approvals, authorizations, registrations and certificates, if any, required by Applicable Laws in connection with the performance of its obligations hereunder. At Purchaser’s request, Vendor shall provide to Purchaser copies of any or all such licenses, permits, approvals, authorizations, registrations and certificates.

10.2 Purchaser has taken all required governmental action to authorize its execution of this Agreement and there is no governmental or legal impediment against Purchaser’s execution of this Agreement or performance of its obligations hereunder.

10.3 When a Participating Agency procures Products and Services under this Agreement using United States federal funds, including but not limited to federal grants or FEMA funding, the procurement shall be subject to the terms and conditions set forth in Attachment D – Requirements for Procurements Utilizing Federal Funds and Grants, which is incorporated herein by reference. The Vendor shall comply with all applicable federal laws, regulations, and requirements outlined in Attachment D, including but not limited to those specified in 2 C.F.R. § 200, as amended, and any additional stipulations based on the source of funding. All references to “federal” in this section and Attachment D pertain exclusively to the United States federal government.

10.4 When a Participating Agency accesses Vendor’s Products and Services with United States federal funds, Vendor shall comply with the provisions set forth in Attachment D – Provisions for Non-United States Federal Entity Procurements Under United States Federal Awards or Other Awards, which is incorporated herein by reference.

ARTICLE 11 – PUBLICITY / CONFIDENTIALITY

11.1 No news releases, public announcements, advertising materials, or confirmation of same, concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in any other way use any of the names or logos of the other Party without the prior written approval of the other Party.

11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this Agreement shall not, unless otherwise designated by Vendor, be deemed to be confidential or proprietary information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this Agreement.

ARTICLE 12 - RIGHT TO AUDIT

Subject to Vendor’s reasonable security and confidentiality procedures, Purchaser, or any third party retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts pertain to sale of any Products and Services hereunder or otherwise relate to the performance of this Agreement by Vendor. Vendor shall maintain all such books, records and accounts for a period of at least three (3) years after the date of expiration or termination of this Agreement. The Purchaser’s right to audit under this Article 12 and Purchaser’s rights hereunder shall survive the expiration or termination of this Agreement for a period of three (3) years after the date of such expiration or termination.

ARTICLE 13 - REMEDIES

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8 Except as otherwise provided herein, any right or remedy of Vendor or Purchaser set forth in this Agreement shall not be exclusive, and, in addition thereto, Vendor and Purchaser shall have all rights and remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article shall survive the expiration or termination of this Agreement.

ARTICLE 14 - RELATIONSHIP OF PARTIES

Vendor is an independent contractor and is not an agent, servant, employee, legal representative, partner or joint venture of Purchaser. Nothing herein shall be deemed or construed as creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or authority to bind or commit the other.

ARTICLE 15 - NOTICES

All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below:

If to Lead Contracting Agency:

LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem OR 97301
ATTN: Kevin Toon
Email: [email protected]

If to Vendor:

Life-Assist, Inc
11277 Sunrise Park Drive
Rancho Cordova, CA 95742
ATTN: Andy Selby
Email: [email protected]

Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above.

ARTICLE 16 - FORCE MAJEURE

Except for Purchaser’s obligation to pay for Products and Services delivered, delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non- performance is caused by force majeure. For purposes of this Agreement, “force majeure” shall mean any cause or agency preventing performance of an obligation which is beyond the reasonable control of either Party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of nature, and delays or failure in obtaining raw materials, supplies or transportation. A Party affected by force majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or delay if it is reasonably capable of being remedied. In the event of a force majeure situation, Docusign Envelope ID: BD7801DA-2F22-4B0E-921E-647D3BBC7532 218857
Contract Number: PS25830

9 deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the resumption of performance.

ARTICLE 17 - WAIVER

No delay or failure by either Party to exercise any right, remedy or power herein shall impair such Party’s right to exercise such right, remedy or power or be construed to be a waiver of any default or an acquiescence therein; and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder shall be valid unless set forth in writing executed by the waiving Party and then only to the extent expressly set forth in such writing.

ARTICLE 18 - PARTIES BOUND; ASSIGNMENT

This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed.

ARTICLE 19 - SURVIVABILITY/PARTICIPATING AGENCY DISCRETIONARY EXTENSION

Provided the laws of the jurisdiction of the Participating Agency permit survivability of the contract term through a mutually agreed upon extension of the agreement between the Participating Agency and the Vendor beyond the term of the publicly awarded Agreement, to be determined and confirmed by the Participating Agency at its sole discretion, all applicable agreements and warranties that were entered into between Vendor and the Participating Agency under the terms and conditions of the Agreement shall survive the expiration or termination of the Agreement if mutually agreed upon between the Vendor and the Participating Agency. All purchase orders issued and accepted by Vendor shall survive expiration or termination of the Agreement for the term of the purchase order or subscription, unless the Participating Agency terminates the purchase order sooner. However, regardless of the term of the purchase order or subscription, no purchase order shall survive the expiration or termination of the Agreement unless the Participating Agency makes an express finding and justification for the longer term as mutually agreed upon by the Participating Agency and Vendor.

The finding and justification must either be included in the purchase order or referenced in the purchase order and maintained in the Participating Agency’s procurement record. Contract maintenance and adjustments contemplated after the maturity date of the Lead Public Agency cooperative procurement contract, and prior to the expiration date of the Purchase Order or subscription, shall be individually negotiated directly between the awarded Vendor and the Participating Agency identified in that Purchase Order or subscription. Rights and obligations under this Agreement which by their nature should survive, including, but not limited to, the administrative fee provided in the Vendor Administrative Agreement and any and all payment obligations invoiced prior to the termination or expiration hereof, obligations of confidentiality, and indemnification will remain in effect after termination or expiration hereof.

ARTICLE 20 - SEVERABILITY

To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly.

ARTICLE 21 - INCORPORATION; ENTIRE AGREEMENT
Docusign Envelope ID: BD7801DA-2F22-4B0E-921E-647D3BBC7532 219858
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10 21.1 All the provisions of the Attachments hereto are hereby incorporated herein and made a part of this Agreement. In the event of any apparent conflict between any provision set forth in the main body of this Agreement and any provision set forth in the Attachments, including the RFP and/or Vendor’s Proposal, the provisions shall be interpreted, to the extent possible, as if they do not conflict. If such an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control.

21.2 This Agreement (including Attachments and Contract Documents hereto) constitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any and all prior written and oral agreements or understandings relating to such subject matter.

ARTICLE 22 - HEADINGS

Headings used in this Agreement are for convenience of reference only and shall in no way be used to construe or limit the provisions set forth in this Agreement.

ARTICLE 23 - MODIFICATIONS

This Agreement may be modified or amended only in writing executed by Vendor and the Lead Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating Agency.

ARTICLE 24 - GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon or in the case of a Participating Agency’s use of this Agreement, the laws of the State in which the Participating Agency exists, without regard to its choice of law provisions.

[Signature page to follow]

Docusign Envelope ID: BD7801DA-2F22-4B0E-921E-647D3BBC7532 220859
Contract Number: PS25830

11 ARTICLE 25 - COUNTERPARTS

This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last written below.

PURCHASER:

Signature: ____________________________________

Printed Name:

Title: ____________________________________________

LEAGUE OF OREGON CITIES

Dated: ____________________________

VENDOR:

Signature: ______________________________

Printed Name:

Title: _____________________________

LIFE-ASSIST, INC

Dated: ____________________________

Docusign Envelope ID: BD7801DA-2F22-4B0E-921E-647D3BBC7532 Carrie Woodworth
Contracts Manager
November 19, 2025 | 4:39 PM PST
Patricia M. Mulvihill
November 19, 2025 | 8:30 PM PST
Executive Director
221860
Contract Number: PS25830

12 ATTACHMENT A

to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

MEDICAL PRODUCTS, MONITORS, SOFTWARE, DATA TRANSMISSION,

AND RELATED SERVICES
Product Category Percentage (%) off
List Price
MEDICAL PRODUCTS AND SUPPLIES 31%
PHARMACEUTICLAS 31%
MEDICAL MONITORS, DEFIBRILLATORS, AND DIAGNOSTICS 31%
MEDICAL LIFE SUPPORT EQUIPMENT 31%
TRAINING, SIMULATION, AND CERTIFICATION 15%
OTHER
- CAPITAL EQUIPMENT
- OPERATIONS
15%

EXCLUDES ITEMS ON SALE

Vendor pays freight for all standard ground shipments in the Continental US. Alaska and Hawaii shipments are sent via Priority Mail or UPS 2nd Day Air, and freight is added to the invoice. Vendor will only charge the actual freight amount that we are charged; it will never be marked up in price.

Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement.

Participating Agencies may purchase from Vendor’s authorized dealers and distributors, as applicable, provided the pricing and terms of this Agreement are extended to Participating Agencies by such dealers and distributors. Vendor’s authorized dealers and distributors, as applicable, may be updated from time to time. [A current list may be obtained from Vendor.]

Docusign Envelope ID: BD7801DA-2F22-4B0E-921E-647D3BBC7532 222861
Contract Number: PS25830

13 ATTACHMENT B

to Master Price Agreement by and between VENDOR and PURCHASER.

ADDITIONAL SELLER WARRANTIES

To the extent possible, Vendor will make available all warranties from third party manufacturers of Products not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor’s Proposal.

Docusign Envelope ID: BD7801DA-2F22-4B0E-921E-647D3BBC7532 223862
Contract Number: PS25830

14 ATTACHMENT C

to Master Price Agreement by and between VENDOR and PURCHASER.

PARTICIPATING AGENCIES

The Lead Contracting Agency in cooperation with National Purchasing Partners (NPPGov) entered into this Agreement on behalf of other government agencies that desire to access this Agreement to purchase Products and Services. Vendor must work directly with any Participating Agency concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The Lead Contracting Agency shall not be held liable for any costs, damages, etc., incurred by any Participating Agency.

Any subsequent contract entered into between Vendor and any Participating Agency shall be construed to be in accordance with and governed by the laws of the State in which the Participating Agency exists. Each Participating Agency is directed to execute an Intergovernmental Cooperative Purchasing Agreement (“IGA”), as set forth on the NPPGov web site, www.nppgov.com. The IGA allows the Participating Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency’s legal requirements as if it were the “Purchaser” hereunder.

Docusign Envelope ID: BD7801DA-2F22-4B0E-921E-647D3BBC7532 224863
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15 ATTACHMENT D

to Master Price Agreement by and between VENDOR and PURCHASER.

REQUIREMENTS FOR PROCUREMENTS UTILIZING FEDERAL FUNDS AND GRANTS

Summary of Key Provisions for Participating Agencies Utilizing U.S. Federal Funds Participating Agencies acquiring goods or services through this contract using United States federal grants or FEMA funding are subject to specific requirements, including those outlined in 2 C.F.R. § 200.

Additional stipulations may apply based on the source of funding. For reference, “federal” pertains exclusively to the United States federal government.

The following provisions are applicable solely when a Participating Agency procures Vendor equipment, products, or services with United States federal funds:

A. Equal Employment Opportunity
Contracts classified as “federally assisted construction contracts” under 41 C.F.R. § 60-1.3 must incorporate the Equal Opportunity clause pursuant to 41 C.F.R. § 60-1.4(b), ensuring compliance with Executive Order 11246 (as amended) and relevant Department of Labor regulations. This provision is included by reference.

B. Davis-Bacon Act, as Amended (40 U.S.C. § 3141-3148)
Prime construction contracts exceeding $2,000 require adherence to the Davis-Bacon Act and related Department of Labor regulations (29 C.F.R. § 5). Contractors must pay at least the prevailing wage determined by the Secretary of Labor, with weekly payments mandated. Each solicitation must feature the current wage determination, and any violations must be reported to the awarding agency.

Compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145; 29 C.F.R. § 3) is also required.

C. Contract Work Hours and Safety Standards Act (40 U.S.C. § 3701-3708) Contracts exceeding $100,000 involving mechanics or laborers must comply with 40 U.S.C. §§ 3702 and 3704, and 29 C.F.R. § 5. Wages must reflect a standard 40-hour work week, with overtime compensated at no less than one and a half times the basic rate. Workers must not be subjected to hazardous or unsafe conditions. These rules exclude supply purchases and transportation contracts.

The Vendor confirms compliance throughout the contract duration.

D. Rights to Inventions Made Under a Contract or Agreement If the federal award qualifies as a “funding agreement” per 37 C.F.R. § 401.2(a), recipients contracting with small businesses or nonprofit organizations for research must observe 37 C.F.R. § 401 and associated regulations.

E. Clean Air Act and Federal Water Pollution Control Act For contracts and subgrants exceeding $150,000, full compliance with the Clean Air Act (42 U.S.C. § 7401–7671Q) and Federal Water Pollution Control Act (33 U.S.C. § 1251–1387) is mandatory. Any violations should be reported to both the awarding agency and the EPA. Vendors certify their compliance.

Docusign Envelope ID: BD7801DA-2F22-4B0E-921E-647D3BBC7532 225864
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16 F. Debarment and Suspension (Executive Orders 12549 and 12689) No contract shall be awarded to entities listed in the System for Award Management (SAM) exclusions under 2 C.F.R. § 180 and Executive Orders 12549 and 12689. Vendors confirm they are neither debarred nor excluded by any federal agency.

G. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352)
Vendors must submit requisite certifications and refrain from utilizing federal funds to influence government officials in relation to contracts, grants, or awards. All lobbying with non-federal funds must be disclosed and communicated across all tiers. Vendors agree to adhere strictly to the Byrd Anti- Lobbying Amendment.

H. Record Retention Requirements
Vendors shall retain records in accordance with 2 C.F.R. § 200.333 for three years beyond final report submission and until all matters have been resolved.

I. Energy Policy and Conservation Act Compliance
Where relevant, Vendors must comply with mandatory energy efficiency standards detailed in the state energy conservation plan under the Energy Policy and Conservation Act.

J. Buy American Provisions Compliance
When applicable, Vendors must comply with the Buy American Act and ensure purchases adhere to procurement rules that require free and open competition.

K. Access to Records (2 C.F.R. § 200.336)
Vendors grant authorized representatives of federal agencies access to pertinent books, documents, papers, and records for audits, examinations, excerpts, and transcriptions, as well as personnel interviews relating to such records.

L. Procurement of Recovered Materials (2 C.F.R. § 200.322) Non-federal entities that are state agencies or political subdivisions and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. This includes procuring items designated in EPA guidelines (40 C.F.R. § 247) containing the highest practical percentage of recovered materials, maximizing energy and resource recovery for solid waste management, and establishing affirmative procurement programs for recovered materials as specified by EPA.

Entities utilizing United States federal grant or FEMA funds for procurement may be subject to further requirements, including those under 2 C.F.R. § 200, with all references to “federal” denoting the United States federal government.

Entities using U.S. federal grant or FEMA funds for procurement may be subject to additional requirements under 2 C.F.R. § 200. All references to “federal” are specific to the United States federal government.

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17 ATTACHMENT E

to Master Price Agreement by and between VENDOR and PURCHASER.

Vendor’s Proposal
(The Vendor’s Proposal is not attached hereto.)
(The Vendor’s Proposal is incorporated by reference herein.)

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18 ATTACHMENT F

to Master Price Agreement by and between VENDOR and PURCHASER.

Purchaser’s Request for Proposal
(The Purchaser’s Request for Proposal is not attached hereto.) (The Purchaser’s Request for Proposal is incorporated by reference herein.)

Docusign Envelope ID: BD7801DA-2F22-4B0E-921E-647D3BBC7532 228867
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19 ATTACHMENT G

to Master Price Agreement by and between VENDOR and PURCHASER.

ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.

TERMS AND CONDITIONS

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WARRANTIES AND LIABILITY LIMITS
===============================
Warranties are limited to those offered by the manufacturer. Life-Assist, Inc. gives no express or implied warranties on any items shown in its catalog, price list, or otherwise offered for sale and shall not be responsible for the proper use and servicing of goods purchased nor does the company give any express or implied warranty that goods purchased are merchantable or fit for a particular purpose. Life- Assist, Inc. shall not be liable for special or consequential damage or injury to person or property which results from the use of these products. All products sold by Life-Assist, Inc. are intended for use by trained medical personnel.
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SHIPPING
========
Free Standard Shipping within the contiguous U.S. on orders over $100! Orders under $100 will be charged a $14.50 shipping and handling fee. All other orders are shipped FOB origin and freight charges will be applied at time of shipment.

It is our service policy to ship orders the same day we receive them, providing the order is placed by 4:00 pm Monday through Friday. Most orders are shipped by UPS ground complete within 24 hours (M- F). If, by chance, an item is backordered, it will be shipped to you immediately upon our receipt.

Refrigerated items are only shipped Monday – Wednesday and will arrive in 1 – 2 days. Destinations outside of the 2-day shipping zone must be shipped 2nd Day Air and the air freight charges will apply.

Refrigerated items cannot be returned.

Freight charges will be applied to special orders, overweight orders, oversized products, and requested rush deliveries.
=======

RETURNS
=======
If a product does not meet your specifications, you may return the item in its original and unaltered* packaging, in resalable condition, within 45 days. Prior to returning any purchase, please contact Customer Care at (800) 824-6016 or email [email protected] to obtain a return authorization number.

*Please note, we are unable to provide credit for items where packaging has been altered (i.e., marked with permanent marker or internal agency labels affixed).

Returned merchandise must be sent freight prepaid and be received in new, resalable condition.

To expedite the process, please have your shipping or invoice document available for reference.

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Contract Number: PS25830

20 Items returned within 45 days of shipment will not be subject to a restocking fee. Items returned 46 days or more will be subject to a 15% restocking fee ($25.00 minimum) plus freight.

Non-returnable items include:

Pharmaceutical products
Custom / special order items
Refrigerated products
Items listed as non-returnable
Short dated or expired products
Items not in original packaging

Some goods, such as refrigerated items, special order items, short dated product and/or items more than 90 days old, etc., are not be eligible for credit. Products shipped directly from vendor partners require a vendor return authorization and are subject to the vendor’s return policy and any applicable fees. If we make an error in filling or shipping your order, we will promptly rectify the mistake at no cost to you.

Please note: Issuance of a Return Authorization Number is required and does not guarantee credit.

Credit will be issued only after the product is received, inspected, and confirmed to meet our return requirements.

If a damaged shipment is received, please note the extent of the damage to the carrier at the time of delivery. Keep all boxes and packaging materials and immediately contact Customer Care at (800) 824- 6016 or email [email protected].

Damage claims must be made within 5 days of receipt of merchandise.

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CREDIT
======
Municipalities, fire and police departments, recognized volunteer organizations, government agencies and related: may purchase on terms of Net 30 days from shipping date without prior arrangement.

Please fax or mail your first order on agency letterhead.

Commercial businesses: may apply for open account status by submitting a completed Life-Assist, Inc.

Credit Application Form.

Resellers may request price quotations online only. Rx items are not available for resale.

Overdue accounts: will be assessed a 1 1/2% monthly (18% year) charge. Payment on account will be credited upon receipt at Life-Assist’s office in Rancho Cordova, California. Delinquent accounts will be referred for collection. Purchaser will be liable for all costs of collection on overdue accounts, plus reasonable attorney’s fees. A $20 service charge will be assessed on all returned checks.

Docusign Envelope ID: BD7801DA-2F22-4B0E-921E-647D3BBC7532 230869
Agenda Item
Orange City Council
Item #: 3.11. 7/14/2026 File #: 26-0403
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Alan Velasco, Fire Chief

1. SUBJECT
Authorize purchase of Fire Department uniforms, wildland safety gear, and ambulance operator equipment from LineGear, Inc.

2. SUMMARY
Purchase of safety uniforms, wildland protective gear, and ambulance operator equipment from LineGear, Inc. through Cooperative Purchasing Agreement, County of Orange Master Agreement No.

MA
‑
012
‑
25011371, to support operational needs during Fiscal Year 2026 ‑
2027.

3. RECOMMENDED ACTION
Approve the purchase of Fire Department uniforms, wildland safety gear, and ambulance operator equipment from LineGear, Inc. in an amount not to exceed $257,000.

4. FISCAL IMPACT
The expense for this purchase is $257,000 and will be funded through General Fund(100) and EMT Transport (225), respectively:
100-3121-54101 Noncapitalize Equipment $163,000
100-3011-53102 Uniforms and Clothing $ 55,000
225-3216-54101 Noncapitalize Equipment $ 18,000
100-3121-53101 Operating Materials and Supplies $ 17,000 225-3216-53102 Uniforms and Clothing $ 4,000
$257,000

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services

6. DISCUSSION AND BACKGROUND
Fire Department safety equipment and uniforms are selected based on operational needs, regulatory requirements, and national safety standards. All equipment must meet established safety and life- expectancy criteria to ensure the highest level of protection for personnel operating in hazardous environments. Uniforms are essential for clearly identifying public safety personnel during City of Orange Printed on 7/9/2026Page 1 of 2
powered by Legistar™
231
Item #: 3.11. 7/14/2026 File #: 26-0403
environments. Uniforms are essential for clearly identifying public safety personnel during emergencies and critical incidents, ensuring they are easily recognized as a source of assistance. To maintain compliance with departmental specifications and required safety standards, the use of authorized direct-distribution vendors is necessary for Fire Department operations.

The Fire Department procures safety gear, uniforms, and specialized equipment from three primary vendors-Allstar Fire Equipment, LN Curtis & Sons, and LineGear, Inc. (LineGear)-based on each vendor’s product availability, manufacturing capabilities, distribution channels, and technical expertise. These vendors are recognized leaders in the fire ‑
service supply industry and, in many
cases, serve as the only authorized distributors for the equipment utilized by the Orange City Fire Department.

LineGear is equipped to supply the current approved specifications for uniforms for Firefighters, Fire Prevention staff, and Ambulance Operators, as well as wildland firefighting equipment including boots, helmets, gloves, brush jackets, pants, and web gear.

The proposed purchase utilizes the County of Orange Cooperative Contract MA ‑
012
‑
25011371 with
LineGear, which allows other municipal and public agencies to access the agreement’spricing and terms. Overall, the cooperative contract ensures cost
‑
effective procurement through an established,
publicly
‑
solicited contract and provides the City with wildland safety gear which is inclusive of safety uniforms and ambulance operator equipment.

To ensure continuity of safety gear and uniform supply, the Fire Department requests authorization to purchase department uniforms, wildland safety gear, and ambulance operator equipment from LineGear in the amount of $257,000 for Fiscal Year 2026-2027.

7. ATTACHMENTS
· County of Orange Master Agreement No. MA
‑
012
‑
25011371
City of Orange Printed on 7/9/2026Page 2 of 2
powered by Legistar™
232
Agenda Item
Orange City Council
Item #: 3.11. 7/14/2026 File #: 26-0403
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Alan Velasco, Fire Chief

1. SUBJECT
Authorize purchase of Fire Department uniforms, wildland safety gear, and ambulance operator equipment from LineGear, Inc.

2. SUMMARY
Purchase of safety uniforms, wildland protective gear, and ambulance operator equipment from LineGear, Inc. through Cooperative Purchasing Agreement, County of Orange Master Agreement No.

MA
‑
012
‑
25011371, to support operational needs during Fiscal Year 2026 ‑
2027.

3. RECOMMENDED ACTION
Approve the purchase of Fire Department uniforms, wildland safety gear, and ambulance operator equipment from LineGear, Inc. in an amount not to exceed $257,000.

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services

6. DISCUSSION AND BACKGROUND
Fire Department safety equipment and uniforms are selected based on operational needs, regulatory requirements, and national safety standards. All equipment must meet established safety and life- expectancy criteria to ensure the highest level of protection for personnel operating in hazardous environments. Uniforms are essential for clearly identifying public safety personnel during City of Orange Printed on 7/9/2026Page 1 of 2
powered by Legistar™
233
Item #: 3.11. 7/14/2026 File #: 26-0403
environments. Uniforms are essential for clearly identifying public safety personnel during emergencies and critical incidents, ensuring they are easily recognized as a source of assistance. To maintain compliance with departmental specifications and required safety standards, the use of authorized direct-distribution vendors is necessary for Fire Department operations.

7. ATTACHMENTS
· County of Orange Master Agreement No. MA
‑
012
‑
25011371
City of Orange Printed on 7/9/2026Page 2 of 2
powered by Legistar™
234
County of Orange
OC Community Resources
MA-012-25011371
Wildland Fire Personal Protective Equipment (PPE)

Page 2 of 32 ends

File No. 2836601

Contract MA-012-25011371
For
Wildland Fire Personal Protective Equipment (PPE)
Between
OC Community Resources
And
LineGear, Inc.

Docusign Envelope ID: 61D57230-5D02-4DE4-8AD3-80F29E9A83F6 235818
County of Orange
OC Community Resources
MA-012-25011371
Wildland Fire Personal Protective Equipment (PPE)

Page 2 of 32 ends

File No. 2836601

CONTRACT
MA-012-25011371

BETWEEN

COUNTY OF ORANGE
AND
LineGear, Inc.

FOR
Wildland Fire Personal Protective Equipment (PPE)
This Contract MA-012-25011371 for Wildland Fire Personal Protective Equipment (PPE) (Contract) is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California (“County”), and Line Gear, Inc., a California Stock Corporation (Contractor), with County and Contractor sometimes referred to as Party or collectively as Parties.

ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:

Attachment A – Scope of Work
Attachment B – Payment and Compensation

RECITALS
WHEREAS, Contractor and County are entering into this Contract for Wildland Fire Personal Protective Equipment (PPE) under a usage Contract; and, WHEREAS, County solicited Contract for Wildland Fire Personal Protective Equipment (PPE) as set forth herein, and Contractor represented that it is qualified to provide Wildland Fire Personal Protective Equipment (PPE) to the County as further set forth here; and, WHEREAS, Contractor agrees to provide Wildland Fire Personal Protective Equipment (PPE) to the County as further set forth in the Scope of Work, attached hereto as Attachment A; and, WHEREAS, County agrees to pay Contractor based on the schedule of fees set forth in Payment/Compensation, attached hereto as Attachment B; and, NOW, THEREFORE, the Parties mutually agree as follows:

ARTICLES

GENERAL TERMS AND CONDITIONS

1. Governing Law and Venue:

This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange

Docusign Envelope ID: 61D57230-5D02-4DE4-8AD3-80F29E9A83F6 236819
County of Orange
OC Community Resources
MA-012-25011371
Wildland Fire Personal Protective Equipment (PPE)

Page 3 of 32 ends

File No. 2836601

County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county.

2. Entire Contract:

This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County’s Purchasing Agent or designee.

3. Amendments:

No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.

4. Taxes:

Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment. The Auditor-Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to Contractor.

5. Delivery:

Time of delivery of commodities and services is of the essence in this Contract. County reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, sampl es or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind County to accept future shipments nor deprive it of the right to return commodities already accepted at Contractor’s expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all commodities or services have actually been received and accepted in writing by County.

6. Acceptance Payment:

Unless otherwise agreed to in writing by County, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after satisfactory acceptance.

7. Warranty:

Contractor expressly warrants that the commodities covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for Docusign Envelope ID: 61D57230-5D02-4DE4-8AD3-80F29E9A83F6 237820
County of Orange
OC Community Resources
MA-012-25011371
Wildland Fire Personal Protective Equipment (PPE)

Page 4 of 32 ends

File No. 2836601

the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor’s part to indemnify, defend and hold County and its indemnities as identified in the Insurance and Indemnification section, and as more fully described in the Insurance and Indemnification section harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warrant ies, faulty work performance, negligent or unlawful acts, and non- compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.

8. Patent/Copyright Materials/Proprietary Infringement:

Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in the Insurance and Indemnification section, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.

9. Assignment:

The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of County. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract.

10. Non-Discrimination:

In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.

11. Termination:

In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of Contractor. Exercise by County of its right to terminate Contract shall relieve County of all further obligation.

12. Consent to Breach Not Waiver:

No term or provision of this Contract shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent Docusign Envelope ID: 61D57230-5D02-4DE4-8AD3-80F29E9A83F6 238821
County of Orange
OC Community Resources
MA-012-25011371
Wildland Fire Personal Protective Equipment (PPE)

Page 5 of 32 ends

File No. 2836601

by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

13. Independent Contractor:

Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of County. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through County.

14. Performance Warranty:

Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other commodities/services furnished by Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, e quipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

15. Changes:

Contractor shall make no changes in the work or perform any additional work without County’s specific written approval.

16. Change of Ownership/Name, Litigation Status, Conflicts with County Interests:

Contractor agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and the County agrees to an assignment of the Contract, the new owners shall be required under terms of sale or other transfer to assume Contractor’s duties and obligations contained in this Contract and complete them to the satisfaction of the County.

Notwithstanding other notice or termination provisions contained herein, County reserves the right to immediately terminate this Contract, as of the date on which the County provides written determination of termination of this Contract under this provisio n anytime upon or after assignment, in the event that the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services or commodities under this Contract. In the event of an immediate termination under this provision, the Contractor shall promptly refund the County an amount equal to the pro rata portion of any charges the County paid in advance for any remaining portion of the Contract after the date of termination. Likewise, the County shall not be liable for payment for any remaining services not yet provided and accepted by the County under this Contract after the date of termination for any payments to be made in arrears pursuant to the terms of the Contract.

17. Force Majeure:

Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil Docusign Envelope ID: 61D57230-5D02-4DE4-8AD3-80F29E9A83F6 239822
County of Orange
OC Community Resources
MA-012-25011371
Wildland Fire Personal Protective Equipment (PPE)

Page 6 of 32 ends

File No. 2836601

disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Contractor avails himself of any available remedies.

18. Confidentiality:

Contractor agrees to maintain the confidentiality of all County and County-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.

19. Compliance with Laws:

Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Contractor acknowledges that County is relying on Contractor to ensure such co mpliance, and pursuant to the requirements of the Insurance and Indemnification section, Contractor agrees that it shall defend, indemnify and hold County and County Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.

Contractor shall remain in compliance and in good standing, maintaining current and active business entity and/or nonprofit registration status, with all applicable federal, state and local registration requirements at the time of execution of the contract through the duration of the term of the Contract, and shall provide annual confirmation of current and active status to County through the term of the Contract.

20. Freight:

Prior to County’s express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract.

21. Severability:

If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

22. Attorney Fees:

In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney’s fees, costs and expenses.

23. Interpretation:

This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such Docusign Envelope ID: 61D57230-5D02-4DE4-8AD3-80F29E9A83F6 240823
County of Orange
OC Community Resources
MA-012-25011371
Wildland Fire Personal Protective Equipment (PPE)

Page 7 of 32 ends

File No. 2836601

counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract.

24. Employee Eligibility Verification:

Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Contractor shall obtain from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by County, and hold harmless, County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Contractor or County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.

25. Audits/Inspections:

Contractor agrees to permit County’s Auditor -Controller or the Auditor -Controller’s authorized representative (including auditors from a private auditing firm hired by County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of Contract including, but not limited to, the costs of administering Contract. County will provide reasonable notice of such an audit or inspection.

County reserves the right to audit and verify Contractor’s records before final payment is made.

Contractor agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to County to audit records and interview staff of any subcontractor related to performance of this Contract.

Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract shall be forwarded to County’s project manager.

26. Contingency of Funds:

Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County’s Board of Docusign Envelope ID: 61D57230-5D02-4DE4-8AD3-80F29E9A83F6 241824
County of Orange
OC Community Resources
MA-012-25011371
Wildland Fire Personal Protective Equipment (PPE)

Page 8 of 32 ends

File No. 2836601

Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty.

27. Expenditure Limit:

Contractor shall notify County of Orange assigned Deputy Purchasing Agent in writing when the expenditures against Contract reach 75 percent of the dollar limit on Contract. County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on Contract unless a change order to cover those costs has been issued.

28. California Public Records Act:

Contractor and County agree and acknowledge that all information and documents related to the award and performance of this Contract may be subject to disclosure pursuant to the California Public Records Act, California Government Code Section 7920.000 et seq. Contractor shall not respond to any California Public Records Act request directed at County; all responses shall be handled by County.

INDEMNIFICATION AND INSURANCE PROVISIONS

1. Indemnification
Contractor agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board (“County Indemnitees”) harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Contractor pursuant to this Contract. If judgment is entered against Contractor and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Contractor and County agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment. Notwithstanding anything stated above, nothing contained herein shall relieve Contractor of any insurance requirements of obligations created elsewhere in this Contract.

2. General Insurance Requirements
Prior to the provision of services under this Contract, the Contractor agrees to carry all required insurance at Contractor’s expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Contractor agrees to keep such insurance coverage current, provide Certificates of Insurance, and endorsements to the County during the entire term of this Contract.

Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to this Contract shall be covered under Contractor’s insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Contractor under this Contract. It is the obligation of Contractor to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin wor k. Such proof of insurance must be maintained by Contractor through the entirety of this Contract for inspection by County representative(s) at any reasonable time.

Docusign Envelope ID: 61D57230-5D02-4DE4-8AD3-80F29E9A83F6 242825
County of Orange
OC Community Resources
MA-012-25011371
Wildland Fire Personal Protective Equipment (PPE)

Page 9 of 32 ends

File No. 2836601

All self-insured retentions (SIR)’s shall be clearly stated on the Certificate of Insurance. Any SIR in excess of Fifty Thousand Dollars $50,000 shall specifically be approved by the County’s Risk Manager, or designee. The County reserves the right to require current audited financial reports from Contractor. If Contractor is self-insured, Contractor will indemnify the County for any and all claims resulting or arising from Contractor’s services in accordance with the indemnity provision stated in this contract.

If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract.

Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M.

Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier).

If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings.

The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below.

Increased insurance limits may be satisfied with Excess/Umbrella policies. Excess/Umbrella policies when required must provide Follow Form coverage.

All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents when acting within the scope of their appointment or employment.

Contractor shall provide thirty (30) days prior written notice to the County of any policy cancellation or non-renewal and ten (10) days prior written notice where cancellation is due to non- payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract.

Insurance certificates should be forwarded to the agency/department address listed on the solicitation.

If the Contractor fails to provide the insurance certificates and endorsements within ten (10) days of notification by CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified vendor.

County expressly retains the right to require Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.

County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not provide acceptable Certificates of Insurance and endorsements to County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Contractor, and County shall be entitled to all legal remedies.

Docusign Envelope ID: 61D57230-5D02-4DE4-8AD3-80F29E9A83F6 243826
County of Orange
OC Community Resources
MA-012-25011371
Wildland Fire Personal Protective Equipment (PPE)

Page 10 of 32 ends

Orange City CouncilJuly 14, 2026

Orange City Council
July 14, 2026