Agenda packet — Orange City Council, July 28, 2026 (part 2 of 2)

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Section l77l.l. Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b)Notice of the requirementdescribed in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(l) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the perforrnance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civilpenalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (hX1) In addition to, or in lieu of, any otherpenalty or sanction authorized pursuantto this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($ 100) Attachment No. I

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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($ I 0,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Sectio n 177 5 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (l) if the lowertier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (l).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section l74l , upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article I (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply.

O(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work' (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1.

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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed l0 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision O is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1,2015, and any contract for public work entered into on or after April 1,2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1,2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771.4. Additional requirements when bidding and awarding public works contracts (a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
( I ) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (! of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section l776for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.

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(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
( I ) The awarding body has enforced an approved labor compliance program, as defined in Section 177 I .5 , on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 177 I .5, continuously since December 3 I , 20 I I . (2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. (c) The requirements of paragraph (l) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1,2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1,2016.

Section 1775. Penalties for violations
(a)(l) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2XA) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(BXi) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777 .1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter I (commencing with Section 1720) of PartT of Division 2 against that contractor Attachment No. I

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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements :
(l) The contract executed between the contractor and the subcontractor forthe performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771,1776,1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within l5 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payrollrecord is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and l8l5 for any work performed by his or her employees on the public works project.

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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(l) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shallbe made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within l0 days after receipt of a written request. (e) Except as provided in subdivision (0, any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or fumished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)( 1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number.

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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice ofa change oflocation and address.
(h) The contractor or subcontractor has l0 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the l0-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.

O The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.

Section 1777.5, Employment of registered apprentices; wages; standards; numberl apprenticeable craft or trade; exemptions; contributions; compliance program (aXl) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, "apprenticeship program" means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (bXl) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including traveltime to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written Attachment No. I

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apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(l) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the Califomia Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall affange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in this section, means a uaft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

The information submitted shall include an estimate ofjourneyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for l2 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours ofjourneyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator Attachment No. I
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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the l -to-5 ratio required by subdivision (g).

O Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all ofhis or her contracts on an annual average ofnot less than one hour ofapprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the I -to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the l-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
( I ) Unemployment for the previous three-month period in the area exceeds an average of I 5 percent. (2) The number of apprentices in training in the area exceeds a ratio of I to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the I -to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(mXl) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2XA) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:

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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt ofany grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account forthe expenditure ofgrant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall veri$ that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

Section 1813. Forfeiture for violations; contract stipulation; report of violations The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of Attachment No. 1

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the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

Section 1815. Overtime
Notwithstanding the provisions of Sections l8l0 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than I % times the basic rate of pay.

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ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1,2017) (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter I of Part 2, Chapter l0 (commencing with Section 19100) of Part 2, and Article I .5 (commencing with Section 20104) of Chapter I of Part 3, this section shallapply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(l) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3XA) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the Califomia State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) "Public entity" shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter l l (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.

Attachment No. 2
Page I of3
199
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) "Public works project" means the erection, construction, alteration, repair. or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(dXlXA) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2XA) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within l0 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed ponion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within l0 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

Attachment No. 2

Page 2 of 3 ends

200
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (l) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1,2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 7,2027 , and as of that date is repealed, unless a later enacted statute, that is enacted before January 1,2027, deletes or extends that date.

Attachment No. 2

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201
1 2 3 4 5 6 7
Bid No. 25-26.20; Project No. SP-4329
Date of Bid Opening: 6/18/2026
Tel. No. (714) 637-1550 Tel. No. (714) 522-7754 Tel. No. (562) 802-7227 Tel. No. (714) 632-6699 Tel. No. (714) 444-1851 Tel. No. (949) 444-5161 Tel. No. (310) 810-7319 NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 2" Cold Plane Existing AC Pavement - Residential
8360 SY 10.00$ $83,600.00 $3.95 $33,022.00 $7.64 $63,870.40 $3.85 $32,186.00 $6.00 $50,160.00 $10.00 $83,600.00 $4.68 $39,124.80 $7.25 $60,610.00 2 Remove Asphalt Concrete/Subgrade (Residential
4" Unclassified Excavation)
50 CY 180.00$ $9,000.00 $220.00 $11,000.00
$229.00
$11,450.00
$300.00
$15,000.00
$250.00
$12,500.00
$200.00
$10,000.00
$183.00
$9,150.00
$184.94
$9,247.00
3 Asphalt Concrete Pavement - Residential Base
Course 100 TON 185.00$ $18,500.00 $160.00 $16,000.00 $250.00 $25,000.00 $175.00 $17,500.00 $250.00 $25,000.00 $225.00 $22,500.00 $131.71 $13,171.00 $245.00 $24,500.00 4 Asphalt Rubberized Hot Mix (ARHM) - Residential
Surface Course (1/2" Class ARHM-GG-C)
940
TON 180.00$ $169,200.00 $151.35 $142,269.00
$133.00
$125,020.00
$175.00
$164,500.00
$220.00
$206,800.00
$160.00
$150,400.00
$150.06
$141,056.40
$225.00
$211,500.00
5 Adjust/Remove & Replace Water Valve Box per
OWD Std. No. 101 26 EA 1,300.00$ $33,800.00 $1,150.00 $29,900.00 $1,290.00 $33,540.00 $1,800.00 $46,800.00 $1,250.00 $32,500.00 $1,900.00 $49,400.00 $4,087.00 $106,262.00 $850.00 $22,100.00 6 Adjust Manhole Frame & Cover to Grade per City
Std. No. 408 7 EA 1,300.00$ $9,100.00 $1,150.00 $8,050.00 $975.00 $6,825.00 $1,800.00 $12,600.00 $1,250.00 $8,750.00 $1,500.00 $10,500.00 $4,758.00 $33,306.00 $1,800.00 $12,600.00 7 Horizontally Sawcut Curb, Or Remove Existing Curb
And Sidewalk Access Ramp, And Construct New
Ramp Per City Std. Plan No. 121 With Detectable
Warning Surface (Truncated Dome 4' X 3')
10 EA 8,000.00$ $80,000.00 $7,000.00 $70,000.00
$7,725.00
$77,250.00
$7,500.00
$75,000.00
$9,500.00
$95,000.00
$9,000.00
$90,000.00
$10,980.00
$109,800.00
$6,500.00
$65,000.00
8 Install Detectable Warning Surface (Truncated
Dome 4' X 3') per City Std. Plan No. 121 on existing
curb ramp 2
EA 1,600.00$ $3,200.00 $1,400.00 $2,800.00
$1,400.00
$2,800.00
$1,200.00
$2,400.00
$1,750.00
$3,500.00
$2,500.00
$5,000.00
$1,220.00
$2,440.00
$950.00
$1,900.00
9 Sawcut & Remove Existing and Construct
Residential Concrete Curb and Gutter, Type A per
City Std. Plan No. 117 (8" or Match Existing Curb
Height)
90 LF 120.00$ $10,800.00 $125.00 $11,250.00
$95.00
$8,550.00
$140.00
$12,600.00
$100.00
$9,000.00
$130.00
$11,700.00
$79.30
$7,137.00
$120.00
$10,800.00
10 Remove Existing and Construct Residential
Concrete Sidewalk per City Std. Plan No. 118 &
120 90
SF 30.00$ $2,700.00 $18.00 $1,620.00
$22.00
$1,980.00
$45.00
$4,050.00
$35.00
$3,150.00
$30.00
$2,700.00
$61.00
$5,490.00
$32.00
$2,880.00
11 Inventory and Install Traffic Signing & Striping,
pavement markings (legends), and Raised
Pavement Markers (RPM's) for
Residential/Collector Streets per MUTCD 1
LS 25,000.00$ $25,000.00 $16,000.00 $16,000.00
$5,000.00
$5,000.00
$6,000.00
$6,000.00
$7,500.00
$7,500.00
$29,200.00
$29,200.00
$5,000.00
$5,000.00
$30,000.00
$30,000.00
12 2" Cold Plane Existing AC Pavement - Residential
3387 SY $10.00 $33,870.00 $6.10 $20,660.70 $8.05 $27,265.35 $9.00 $30,483.00 $6.00 $20,322.00 $10.00 $33,870.00 $5.50 $18,628.50 $7.25 $24,555.75 13 Remove Asphalt Concrete/Subgrade (Residential
4" Unclassified Excavation) 19 CY $180.00 $3,420.00 $220.00 $4,180.00 $229.00 $4,351.00 $300.00 $5,700.00 $250.00 $4,750.00 $200.00 $3,800.00 $183.00 $3,477.00 $182.75 $3,472.25 14 Asphalt Concrete Pavement - Residential Base
Course 38 TON $185.00 $7,030.00 $160.00 $6,080.00 $250.00 $9,500.00 $175.00 $6,650.00 $250.00 $9,500.00 $225.00 $8,550.00 $153.00 $5,814.00 $245.00 $9,310.00 15 Asphalt Rubberized Hot Mix (ARHM) - Residential
Surface Course (1/2" Class ARHM-GG-C)
381 TON $180.00
$68,580.00 $171.00 $65,151.00
$133.00
$50,673.00
$175.00
$66,675.00
$200.00
$76,200.00
$160.00
$60,960.00
$172.00
$65,532.00
$225.00
$85,725.00
16 Adjust Manhole Frame & Cover to Grade per City
Std. No. 408 4 EA $1,300.00 $5,200.00 $1,150.00 $4,600.00 $975.00 $3,900.00 $1,800.00 $7,200.00 $850.00 $3,400.00 $1,500.00 $6,000.00 $4,758.00 $19,032.00 $1,800.00 $7,200.00 17 Inventory and Install Traffic Signing & Striping,
pavement markings (legends), and Raised
Pavement Markers (RPM's) for
Residential/Collector Streets per MUTCD 1 LS $25,000.00 $25,000.00 $15,000.00 $15,000.00
$1,700.00
$1,700.00
$4,000.00
$4,000.00
$15,000.00
$15,000.00
$6,820.00
$6,820.00
$2,000.00
$2,000.00
$14,000.00
$14,000.00
$585,000.00 $586,420.70 $595,400.00$588,000.00 $457,582.70 $458,674.75 $509,344.00 $583,032.00 Onyx Paving Company, Inc. Estate Design and Construction, Inc.Hardy & Harper, Inc.

Lake Forest, CA
Elegant Construction, Inc.

Irvine, CAYorba Linda, CA Marina Del Ray, CABuena Park, CA Santa Fe Springs, CA Grand Total

ENGINEER'S ESTIMATE
CDBG FY2025-2026 Street Rehabilitation
R. J. Noble Company COPP Contracting, Inc. Sequel Contractors, Inc.

Orange, CA

PAVEMENT IMPROVEMENTS

Page 1 of 1 ends

Date Exported: 4/28/2026
Credits: City of Orange (2026)
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Esri Community Maps Contributors, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS
City Boundaries
NOTE: Recent data updates may not be reflected on this
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No part of this map shall be reproduced for
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CITY OF ORANGE
Location Map 1
CDBG Funded
203
Date Exported: 4/28/2026
Credits: City of Orange (2026)
1:4,514
0 350175
ft
.

Esri Community Maps Contributors, City of Anaheim, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS
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 2
CDBG FundedNo
n CDBG Funded
204
Agenda Item
Orange City Council
Item #: 3.10. 7/28/2026 File #: 26-0387
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Hydroblast, a sole proprietorship, for steam cleaning services at various locations

2. SUMMARY
Proposals for steam cleaning services at various locations throughout the City were received on June 4, 2026 (RFP No. 25-26.17). Two contractors responded to the Request for Proposals (RFP).

Hydroblast was the highest-ranked contractor, with a cost proposal of $75,208 per year. The contract is for an initial five-year term, with the option of two one-year extensions. The contract will be written in the annual amount of $86,489.20, which includes a fifteen percent contingency to cover unscheduled cleaning services, as necessary.

3. RECOMMENDED ACTION
Approve a five-year contract with Hydroblast in the amount of $432,446, at $86,489.20 per year, for steam cleaning services at various locations; and authorize the Mayor and City Clerk to execute the agreement on behalf of the City.

4. FISCAL IMPACT
The expense for this contract is $86,489.20 and will be funded through General Fund (100). 100-5201-56999- Other Repair/Maint Services $23,023 100-5002-56999- Other Repair/Maint Services $63,466.20 This contract is for five years totaling $432,446, payable in $86,489.20 annual installment. Future installments will be requested in conjunction with the annual budget.

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
This service area encompasses steam cleaning services for public sidewalks within the Old Towne spoke streets, including trash receptacles, the Plaza Quadrants, and other designated pedestrian areas. The contract additionally provides for steam cleaning of areas authorized under the City's outdoor dining permit program, as well as the stairwells of the Old Towne West Parking Structure and City of Orange Printed on 7/23/2026Page 1 of 2
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Item #: 3.10. 7/28/2026 File #: 26-0387
the Orange Train Station platform.

The previous contract for these services expired and was not renewed. In the interim, City staff have augmented these services while a new Request for Proposals was prepared and solicited. The scope of the new contract reflects current conditions within the service area, including increased pedestrian activity, expanded outdoor dining operations, continued restaurant growth, and rising public transit ridership. Under the proposed contract, outdoor dining areas will be cleaned on a weekly schedule, consistent with the requirements of the City's Outdoor Dining Permit Program, while all other designated service areas will be maintained on a monthly schedule. Work will generally be conducted from 6AM to 10AM, as work needs to be conducted during hours when there is low to no pedestrian traffic within the Plaza area.

A Request for Proposals (RFP) was publicly advertised for two weeks beginning May 21, 2026. Two proposals were received on June 4, 2026, as follows:

1. Hydroblast, Orange, CA $75,208

2. Premier Property Preservation, Van Nuys, CA $293,688 A rating panel comprised of three members of the Public Works Department evaluated the proposals in accordance with the selection criteria established in the RFP. The evaluation committee unanimously ranked Hydroblast as the highest-scoring firm. Hydroblast performed the steam cleaning services within this service area for many years as a subcontractor under the City's previous contract and has consistently demonstrated a high level of responsiveness, reliability, and quality performance. Hydroblast has also effectively accommodated special cleaning requests associated with City-sponsored events.

7. ATTACHMENTS
· Maintenance Services Agreement
· Outdoor Dining - Steam Cleaning Location - June 2026
City of Orange Printed on 7/23/2026Page 2 of 2
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206
Agenda Item
Orange City Council
Item #: 3.10. 7/28/2026 File #: 26-0387
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Hydroblast, a sole proprietorship, for steam cleaning services at various locations

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
This service area encompasses steam cleaning services for public sidewalks within the Old Towne spoke streets, including trash receptacles, the Plaza Quadrants, and other designated pedestrian areas. The contract additionally provides for steam cleaning of areas authorized under the City's outdoor dining permit program, as well as the stairwells of the Old Towne West Parking Structure and City of Orange Printed on 7/23/2026Page 1 of 2
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Item #: 3.10. 7/28/2026 File #: 26-0387
the Orange Train Station platform.

A Request for Proposals (RFP) was publicly advertised for two weeks beginning May 21, 2026. Two proposals were received on June 4, 2026, as follows:

1. Hydroblast, Orange, CA $75,208

7. ATTACHMENTS
· Maintenance Services Agreement
· Outdoor Dining - Steam Cleaning Location - June 2026
City of Orange Printed on 7/23/2026Page 2 of 2
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208

MAINTENANCE SERVICES AGREEMENT
[Maintenance Services for Steam Cleaning Services at Various Locations]

THIS MAINTENA NCE SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ______________________, 2026 by and between the CITY OF ORANGE, a mun icipal corporation (“City”) and HYDROBLAST, a sole proprietorship (“Contractor”), who agree as follows.

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A ,” which is attached hereto and incorporated herein by this reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully under stands the difficulties and restrictions in performing the work. Contractor represents that it is experienced in performing the work and will follow the highest professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices.

The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

Ruben Hernandez (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/her design ee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Total Compensation, Annual Compensation and Fee Schedule.

a. Contractor’s total compensation for all services performed under this Agreement, shall not exceed THREE HUNDRED SEVENTY-SIX THOUSAND FORTY DOLLARS and 00/100 ($376,040.00) total over five-year initial term, at SEVENTY -FIVE THOUSAND TWO HUNDRED EIGHT DOLLARS and 00/100 ($75,208.00) per year , without the prior written authorization of City. The compensation for services performed under this Agreement shall be paid as specified in Exhibit “B”, which is attached hereto and incorporated herein by this reference.

b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

c. In addition to the schedule services to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by City’s Project Manager. In anticipation of such contingencies, the sum of FIFTY-SIX THOUSAND FOUR HUNDRED SIX DOLLARS and 00/100 ($56,406.00) has been added to the total compensation of this Agreement. City’s Project Manager may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as 209
2 City’s Project Manager and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor , up to the amount of the authorized contingency, shall be memorialized in the form of an Amendment to Agreement approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services perfo rmed under this Agreement shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by City’s Project Manager prior to the commencement of such services.

d. The total amount of compensation under this Agreement, including contingencies, shall not exceed FOUR HUNDRED THIRTY-TWO THOUSAND FOUR HUNDRED FOURTY-SIX DOLLARS and 00/100 ($432,446.00)

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

b. All such invoice s shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.

d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amen dment to this Agreement. The amendment shall set forth the changes of work, extension of time, and adjustment of the compensation to be paid by City to Contractor.

5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.

6. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreem ent.

City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement.

Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from 210
3 all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long -term disability or workers' compensation insurance benefits.

7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

8. Designated Persons. Except as otherwise authorized by City’s Project Manager, only the employees of Contractor shall perform work provided for under this Agreement. It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

9. Assignment or Subcontracting . No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has had the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.

10. Term.

a. The term of this Agreement shall be for five (5) fiscal years, commencing on July 1, 2026, and ending on June 30, 2031(the “Expiration Date”); provided, however, that the City has the right to extend the Agreement for the following terms:

• First Extension (the “First Extension term”) commencing on July 1, 2031, and terminating on June 30, 2032, in an annual amount not to exceed EIGHTY-SIX THOUSAND FOUR HUNDRED EIGHTY -NINE DOLLARS and 20/100
($86,489.20).

• Second Extension (the “Second Extension Term”) commencing on July 1, 203 2, and terminating on June 30, 203 3, in an annual amount not to exceed that amount defined below.

b. The City Manager is hereby authorized on behalf of the City to give written notice to the Contractor of the City’s intention to exercise each Extension (if at all) no later than thirty days prior to the end of the Expiration Date or the then expiring Extension; provided, however, that the City’s notice of its intension to extend the term of the Contract for each Extension shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion, of an amount sufficient to pay the compensation set forth herein for each Extension as part of its annual budget approval process prior to the beginning of each Extension. While the parties 211
4 acknowledge that the City is required to give its notice of intention to extend the term of the Contract not later than thirty (30) days prior to the date that the initial term or then current Extension would otherwise end, it is possible that the City Council’s approval of its annual budget and appropriation of funds for the Extension in question ma y occur thereafter. Accordingly, if the City Council fails to approve and appropriate funds sufficient to pay the amount of compensation set fourth herein for an Extension, the Contract shall terminate and be of no further force and effect as of expiration of the initial term or the then current Extension. Moreover, in the event the City gives the Contractor written notice exercising an Extension and the City Council fails to appropriate funds sufficient to pay the amount of compensation for the Extension i n question after the Contractor has performed services under the Extension, the Contractor will be equitably compensated for all services performed under any portion of an Extension through the date of termination of the Contract.

c. Increases based upon Consumer Price Index (“CPI”) shall commence with the Second Extension Term, as follows. Following the City’s exercise of its option to extend the term of this Agreement for the Second Extension Term the Compensation payable to the Contractor under the Contract shall be increased on the commencement date of the Second Extension Term to the lesser of:
(1) the product obtained by multiplying the monthly compensation payable to the Contractor for the month prior to the Expiration Date of the First Extension by the quotient obtained by dividing the Consumer Price Index (“CPI”) for July 2032 into the CPI for calendar month two (2) months before the Second Extensions; or (2) two percent (2%). In no event shall the increase for the Second Extension Term be greater than two percent (2%). The term “Consumer Price Index” or “CPI” means the Consumer Price Index for all Urban Consumers (All Items) as published by the United States Department of Labor, Bureau of Labor Statistics for the Los Angeles/Riverside/Orange Counties metropolitan area.

d. Any Extension, if properly exercised, shall be memorialized in the form of an amendment to this Agreement. The City Manager is hereby authorized to approve and execute amendments to this Agreement reflecting the exercise of each Extension and the amount of compensation (including the amount of funds to be made available for additional work or services) payable to Contractor for each respective Extension.

11. Time Is of the Essence . Time is of the essence in this Agreement. Con tractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

13. Delays and Extensions of Time . Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

212
5 14. Products of Contractor. The documents, studies, evaluations, assessments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.

15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:

a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applican ts are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Such actions shall include, but n ot be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration f or employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

16. Conflicts of Interest . Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.

17. Indemnity.

a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(1) Any and all cl aims under worker s’ compensation acts and other employee benefit acts with respect to Contractor’s employees or subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

213
6 (2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

b. Reserved.

c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.

d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.

a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non - owned and hired vehicles and be written on an occurrence basis.

d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.

214
7 e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Agreement.

f. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

g. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

h. All insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.

i. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City. In such a case, City may procure insurance or self -insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed Contractor.

j. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

k. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days ’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise. Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits. 215
8 20. Maintenance and Inspection of Records . In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years aft er termination or completion of this Agreement.

Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days ’ notice from City, and copies thereof shall be furnished if requested.

21. Compliance with Laws/Background.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

b. The work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, t o the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers and shall comply with all statutory requirements thereunder . Statutory provisions for penalties for failure to comply with prevailing wage laws will be enforced. The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR).

Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and

(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and

(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law 216
9 compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.

d. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.

e. Contractor shall require all subcontractors to make the same representations and warranties as set forth herein.

f. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

g. All personnel performing any services to City under this Contract shall possess sufficient experience and security records to perform the work at public facilities. Contractor shall conduct and complete, to City’s satisfaction, sufficient background checks to ensure no personnel performing services under this Contract is listed on the National Sex Offender Public Registry (“NSOPR”). Contractor shall monitor personnel security records to ensure no existing or new employees performing services under this Contract are added to the NSOPR or convicted of any crimes that would disqualify them from adhering to conduct conducive to public safety.

h. All costs associated with the documentation and verification required herein shall be borne by Contractor. Contractor shall require all subcontractors to provide the same documentation and verification when hired to perform services under this Contract. City has the right, in its sole and absolute discretion, to reject any employee of Contractor assigned to perform services for City, with or without cause, at the time of such assignment or at any time thereafter, and Contractor shall remove that employe e from providing services to City to the extent permitted by law and any applicable collective bargaining agreement. City’s rights under this Article shall not be exercised in an arbitrary or capricious manner, or with the intent of forcing a termination of this Contract.

i. Contractor agrees to indemnify and hold City, its officials, and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

217
10 23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any wo rk performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated.

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.

“CONTRACTOR” “CITY”

Hydroblast City of Orange
726 W. Angus Ave., Ste G 300 E. Chapman Avenue
Orange, CA 92868 Orange, CA 92866-1591
Attn.: Steve Ammann Attn.: Ruben Hernandez

Telephone: 714-381-1922 Telephone: 714-532-6480
E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted electronically shall have the same effect as original signatures.

[Remainder of page intentionally left blank; signatures on next page]

218
219
11 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

HYDROBLAST, a sole proprietorship CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title: Owner:

ATTEST:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Connor Hyland
Senior Assistant City Attorney

√

X
220
EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
221
222
223
EXHIBIT “B”

COMPENSATION FOR SERVICES

[Beneath this sheet.]
224
225
Hilbert Museum
Chapman
Crafted
Orange
Metrolink
S
Cypress
St
AO
N
G
rand
St
E Maple Ave
Metrolink
Parking
Structure
First
Presbyterian
Church
Son Light
Christian
Center
Citizens
Business Bank
Pizzeria Irene
O' Hara Pub
Burrritos La
Palma
S
G
rand
St
S
O
range
St
W Almond Ave
S
Lem
on
St
E Almond Ave
S
O
live
St
S
G
lassellSt
Plaza Park
Orange Senior
Center
Antique Station
& Depot
Orange Army
Navy Store
First United
Methodist
Church
Salon réBelle
Finney's Craft
House U.S. Bank
LCPtrackerBlk Dot Coffee
Downtown
Orange
S
Center
St
Orange City
Hall
St. John's
Lutheran
School of
Orange
Orange Public
Library
St. John's
Lutheran
Church of
Orange
Bagel Me!
Two's Company
Black Dot
Snooze Am
Eatery
Play Coffee
Euro Cafe
Zinc Cafe
& Market
Contra Coffee
Legend
Steam Cleaning Location
J:\GisProjects\Planning\Zoning\Commercial Properties\GIS\APRX\Commercial_Properties.aprx\Outdoor Dining Area - Steam Cleaning Map 6/23/2026
Source: City of Orange (2026)
Exhibit 1

CITY OF ORANGE

OUTDOOR DINING AREA

STEAM CLEANING
0 250125
Feet
.
226
Agenda Item
Orange City Council
Item #: 3.11. 7/28/2026 File #: 26-0313
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
Notice of Completion and Acceptance for Hart Park Pickleball and Fitness Circuit Site Project

2. SUMMARY
The City entered into a contract with Deark E&C, Inc. (Bid No. 24-25.05; Agreement No. 7837), to construct pickleball courts and fitness circuit, fencing, an ADA-compliant sidewalk ramp, concrete and paver pathways, asphalt drive aisle to orchard, shade structures, bike rack, bottle-filling chilled drinking fountain, benches, trash receptacles, display case, lighting, and storm drain equipment. The work has been completed in accordance with the terms of the agreement and to the satisfaction of the Community and Library Services Department.

The total approved budget for the Hart Park Pickleball and Fitness Circuit Site Project (20315) was $2,860,000.00. The awarded construction contract amount with Deark E&C, Inc., including contingencies totaled $2,351,800.00. The final construction was completed within budget at a cost of $2,279,185.58.

3. RECOMMENDED ACTION

1. Accept the Hart Park Pickleball and Fitness Circuit Site as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 7/23/2026Page 1 of 1
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227
Agenda Item
Orange City Council
Item #: 3.11. 7/28/2026 File #: 26-0313
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
Notice of Completion and Acceptance for Hart Park Pickleball and Fitness Circuit Site Project

3. RECOMMENDED ACTION

1. Accept the Hart Park Pickleball and Fitness Circuit Site as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 7/23/2026Page 1 of 1
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228

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.

NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Hart Park Pickleball and Fitness Circuit Site (Bid No. 24-25.05)” (herein referred to as the ‘Project’), for the owner, the City of Orange, a municipal corporation (herein referred to as the ‘City’), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on July 28, 2026 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project was performed at Hart Park, 701 S. Glassell St., in the City of Orange. The Contractor who performed (or caused to be performed) said public work and improvements was Deark E&C, Inc., with its principal office at 1335 W. Valencia Dr. Ste P, Fullerton, CA 92833.

The name of the surety on the payment bond for the Project is Merchants Bonding Company (Mutual), Iowa (Bond No. 101308133) in the amount of $2,138,000.00.

DATED as of the 28th day of July 2026. CITY OF ORANGE, a municipal corporation By:

Daniel R. Slater, Mayor, City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Daniel R. Slater, Mayor of the City of Orange, state that I have read the foregoing document, know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.

DATED as of the 28th day of July 2026.

Daniel R. Slater, Mayor, City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Daniel R. Slater is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.

Pamela Coleman, City Clerk, City of Orange
229
Agenda Item
Orange City Council
Item #: 3.12. 7/28/2026 File #: 26-0440
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. 12-26 approving Zone Change No. 1318 to change the zoning classification from Single Family Residential 10,000 square feet (R1-10) to Single Family Residential 10,000 square feet PUD No. 3203 on a 2.02-acre site located at 647 N Rancho Santiago Boulevard

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on July 14, 2026.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 12-26.

4. ATTACHMENTS
· Ordinance No. 12-26
City of Orange Printed on 7/23/2026Page 1 of 1
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Agenda Item
Orange City Council
Item #: 3.12. 7/28/2026 File #: 26-0440
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 July 14, 2026.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 12-26.

4. ATTACHMENTS
· Ordinance No. 12-26
City of Orange Printed on 7/23/2026Page 1 of 1
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231
ORDINANCE NO. 12-26

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING ZONE CHANGE NO.
1318 TO CHANGE THE ZONING CLASSIFICATION
FROM SINGLE FAMILY RESIDENTIAL 10,000
SQUARE FEET (R1-10) TO SINGLE FAMILY
RESIDENTIAL 10,000 SQUARE FEET – PUD NO. 3203
(R1-10 [PUD 3203]) ON A 2.02-ACRE SITE LOCATED AT
647 N. RANCHO SANTIAGO BOULEVARD
ZONE CHANGE NO. 1318
APPLICANT: GEORGE KEITH MITCHELL, III, RANCHO RIDGE, LLC WHEREAS, the City Council has authority per Orange Municipal Code (“OMC”) Section

17.10.020 and Government Code Section 65850 to adopt ordinances amending the City’s Zoning Ordinance and to approve Zone Changes; and
WHEREAS, the application for Zone Change No. 3203 was filed by Ranch Ridge, LLC, George Keith Mitchell, III, in accordance with the provisions of the OMC for a proposal to revise the subject property’s existing zoning designation of Residential Single Family 10,000 square feet to Residential Single Family 10,000 – PUD 3203) (“Project”); and WHEREAS, the application for Zone Change No. 3203 was processed in the time and manner prescribed by state and local law; and
WHEREAS, applications for Tentative Tract Map No. 0052, Conditional Use Permit No. 3202, Design Review No. 5119, and Major Site Plan Review No. 1137 were filed concurrently with Zone Change No. 3203; and
WHEREAS, the City Council adopted Resolution No. 11709, finding the proposed project exempt from the provisions of the California Environmental Quality Act (CEQA), and approving Zone Change No. 1318, Tentative Tract Map No. 0052, Conditional Use Permit No. 3202, Design Review No. 5119, and Major Site Plan Review No. 1137 for a proposal to establish a Planned Unit Development (PUD) and subdivide a 2.02-acre parcel into 11 separate parcels each with anew single-family home, located at 647 N. Rancho Santiago Boulevard (“Project”); and WHEREAS, the Planning Commission conducted a duly advertised public hearing on April 20, 2026, considered public comments, and recommended approval of the project by a 6-0 vote, including Zone Change No. 3203, to the City Council; and WHEREAS, the City Council conducted a duly advertised public hearing on July 14, 2026, at which time interested persons had an opportunity to testify either in support of or opposition to the project, including Zone Change No. 3203. 232
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:

SECTION I:

The existing zoning is depicted on the map attached hereto as Exhibit “A” and incorporated herein by reference. Section 17.06.030 of the Orange Municipal Code is amended in order to change the zoning classification by amending the zoning on the site as depicted on the map attached hereto as Exhibit “B” and incorporated herein by reference.

SECTION II:

1. The proposed Zone Change from Residential Single Family 10,000 square feet (R1- 10) to Single Family Residential 10,000 square feet – PUD No. 3203 (R1-10 [PUD 3203]) is consistent with the current Low Density Residential General Plan (LDR) land use designation, as required by law (Government Code Section 65860).

2. Table LU-3 in the General Plan Land Use Element indicates that the R1-10 residential zoning district is compatible with the LDR General Plan land use designation.

3. The R1-10 zoning and implementation of a Planned Unit Development allows for a more appropriate and scaled single-family residential development and physical development conditions that are generally compatible with the Single Family Residential 10,000 square foot (R1-10) zoning to the north and south, and Residential Single Family 6,000 square foot (R1-6) zoning to the east, and west across North Rancho Santiago Boulevard, which accommodates single-family residential uses. The zoning supports the pattern of residential development on all nearby surrounding property.

SECTION III:

The proposed Zone Change described in Section I is related to the public welfare, is consistent with the accompanying Tentative Tract Map No. 0052, Conditional Use Permit No. 3203, Design Review No. 5119, and Minor Site Plan Review No. 1137, filed herewith, and furthers the objectives and policies of the General Plan as is more specifically set forth in Resolution No. 11709, which is incorporated by reference as though fully set forth herein.

The proposed Zone Change from Residential Single Family 10,000 square feet (R1-10) to Single Family Residential 10,000 square feet – PUD No. 3203 (R1-10 [PUD 3203]) would make the proposed zoning classification consistent with the proposed General Plan land use designation.

The Project would meet all development standards for the R1-10 zone.

SECTION IV:

The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) because the project is consistent with 233
3 the existing General Plan density and zoning. An initial study was provided in justification to verify consistency with the existing certified General Plan EIR, and no environmental public review or notice is required for this exemption.

SECTION V:

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 VI:

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 the date of adoption.

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
234
4 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 14th day of July, 2026, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2026 and was duly passed and adopted by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
235

EXHIBIT “A”

EXISTING ZONING MAP
236
J:\GisProjects\Planning\Zone Change\ZC 1318_647 N. Rancho Santiago Blvd\GIS\APRX\ZC_1318\ZC_1318.aprx\Existing Zoning 6/30/2026
Source: City of Orange (2026)
0 200100
Feet
.

N
RAN
CHO
SAN
TIAGO
BL
N
NO
BLE
ST
N
RAN
CHO
SAN
TIAGO
BL
N
NOBLE
ST
N
BIRCHW
O
O
D
RD

E BOND AV
N

RANCHRO
AD
DR
N
BRIDLE
PATH
N
HIDDEN
TRL
Santiago Charter
711
727
741
755
709
725
739
757
560
570
580
596
604
616
626
636
646
597
601
611
625
635
645
655
605
712
724
742
760
596
646
656
668
680
692
604
612
624
634
522
534
544
556
690
708
726
744
758
709
725
743
759
616
624
636
644
654
662
672
680
625
673
645
637
655
663
681
691
646
656
664
674
682
692
626
638
577
4817 4839482948054745
4822481448044742
474948134741 4825
52105120
48034747 4819
47384802 48244810
4827
4826
483948154803 48234743
515051285140
5141
4818480848294802 48214815
4805
48404828
647
5050
730 740
731
720
710
611
623
5131
5136
681
515
712
R1-10
R1-10
R1-6
R1-10 R1-10R1-10
R1-7
R1-7
R1-6
R1-6
PI
R1-7
R1-10
R1-15
R1-20

RANCHO SANTIAGO BL

SANTA ANA

ANAHEIM
TUSTIN
GARDEN
GROVE

VILLA PARK
COUNTY
IRVINE
ORANGE

SPHERE OF

INFLUENCE
ORANGE
PARK
ACRES
ORANGE

SPHERE OF

INFLUENCE

ANAHEIM
COUNTY
·|}þ22·|}þ22
·|}þ241
·|}þ241
·|}þ241
·|}þ261
!"#$5
!"#$5 ·|}þ55
·|}þ55
·|}þ75
·|}þ19 ·|}þ19
Subject
Parcel
Legend
Parcels
Subject Parcel
647 N. RANCHO SANTIAGO BOULEVARD

EXISTING ZONING
Zone Change: No. 1318
Address: 647 N. Rancho Santiago Blvd.

Existing Zoning: R1-10
237

EXHIBIT B

PROPOSED ZONING MAP
238
J:\GisProjects\Planning\Zone Change\ZC 1318_647 N. Rancho Santiago Blvd\GIS\APRX\ZC_1318\ZC_1318.aprx\Proposed Zone Change No. 6/30/2026
Source: City of Orange (2026)
0 200100
Feet
.

N
RAN
CHO
SAN
TIAGO
BL
N
NO
BLE
ST
N
RAN
CHO
SAN
TIAGO
BL
N
NOBLE
ST
N
BIRCHW
O
O
D
RD

E BOND AV
N

RANCHO SANTIAGO BL

SANTA ANA

ANAHEIM
TUSTIN
GARDEN
GROVE

VILLA PARK
COUNTY
IRVINE
ORANGE

SPHERE OF

INFLUENCE
ORANGE
PARK
ACRES
ORANGE

SPHERE OF

INFLUENCE

PROPOSED ZONING
Zone Change: No. 1318
Address: 647 N. Rancho Santiago Blvd.

Existing Zoning: R1-10
Proposed Zoning: R1-10 (PUD 3203)
239
Agenda Item
Orange City Council
Item #: 3.13. 7/28/2026 File #: 26-0317
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
Authorize purchase of print and audiovisual materials for the Orange Public Library from Ingram Content Group

2. SUMMARY
Request to authorize a $95,000 blanket purchase order with Ingram Content Group for print and audiovisual materials (i.e. books, DVDs, and CDs) for the Orange Public Library & History Center and the El Modena and Taft Branch Libraries.

3. RECOMMENDED ACTION

1. Approve a purchase order for print and audiovisual materials from Ingram Content Group in the amount of $95,000.

2. Authorize the City Manager to approve increases to the purchase order should the Library receive donations designated for purchase of additional print and audiovisual materials.

4. FISCAL IMPACT
The expense for this purchase is $95,000 and will be funded through the General Fund (100):
100-2101-53101 Operating Materials & Supplies

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Quality of Life Through City Services

6. DISCUSSION AND BACKGROUND
Ingram Content Group is the current vendor used by the Library for most of its physical library materials ordering needs and has demonstrated a high “fillrate”compared to other vendors. Ingram Content Group provides volume discounts and minimal shipping costs on terms that are comparable to other library vendors. The Library has an established procedure in place with this vendor that facilitates electronic ordering, invoicing, and product support that is fully integrated with existing library software.

Periodically, the Library will receive donations specifically for the purchase of print and audiovisual materials. For amounts over $60,000 for any one donation, staff will request City Council approval to accept the donation into revenue and appropriate the monies to the designated expenditure account.

For amounts of $60,000 and under, the City Manager has this authority. Rather than requesting Council approve an increase to the purchase order amount each time a donation is received, staff City of Orange Printed on 7/23/2026Page 1 of 2
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Item #: 3.13. 7/28/2026 File #: 26-0317
Council approve an increase to the purchase order amount each time a donation is received, staff requests Council authorize the City Manager to approve any increases to the purchase order should the Library receive donations designated for the purchase of additional print and audiovisual materials.

Funds will purchase new books and audiovisual materials to meet public demand.

7. ATTACHMENTS
· None
City of Orange Printed on 7/23/2026Page 2 of 2
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Agenda Item
Orange City Council
Item #: 3.13. 7/28/2026 File #: 26-0317
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
Authorize purchase of print and audiovisual materials for the Orange Public Library from Ingram Content Group.

3. RECOMMENDED ACTION

1. Approve a purchase order for print and audiovisual materials from Ingram Content Group in the amount of $95,000.

2. Authorize the City Manager to approve increases to the purchase order should the Library receive donations designated for purchase of additional print and audiovisual materials.

4. FISCAL IMPACT
The expense for this purchase is $95,000 and will be funded through the General Fund (100):
100-2101-53101 Operating Materials & Supplies

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Quality of Life Through City Services

For amounts of $60,000 and under, the City Manager has this authority. Rather than requesting Council approve an increase to the purchase order amount each time a donation is received, staff City of Orange Printed on 7/23/2026Page 1 of 2
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Item #: 3.13. 7/28/2026 File #: 26-0317
Council approve an increase to the purchase order amount each time a donation is received, staff requests Council authorize the City Manager to approve any increases to the purchase order should the Library receive donations designated for the purchase of additional print and audiovisual materials.

Funds will purchase new books and audiovisual materials to meet public demand.

7. ATTACHMENTS
· None
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Agenda Item
Orange City Council
Item #: 3.14. 7/28/2026 File #: 26-0379
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize the purchase and delivery of diesel fuel and gasoline for an amount not to exceed $1,100,000 from Southern Counties Oil Co. dba SC Fuels, a California Limited Partnership

2. SUMMARY
Purchase and delivery of diesel and gasoline fuel for the City fleet for a not to exceed amount of $1,100,000.

3. RECOMMENDED ACTION
Approve the purchase agreement with Southern Counties Oil Co., a California Limited Partnership dba SC Fuels, in the amount not to exceed $1,100,000 for the purchase and delivery of diesel and gasoline fuel using a cooperative purchasing agreement; and authorize the Mayor and the City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this agreement is $1,100,000 and will be funded through (100) General Fund:
100-5401-53201- Repair & Maintenance Supplies

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
SC Fuels offers a cooperative purchasing contract to acquire diesel and unleaded fuel.

The City of Orange utilized a cooperative purchase agreement to secure vehicle fuel pricing for an agreement with SC Fuels at the July 12, 2022, City Council Meeting. SC Fuels will honor the pricing structure that was established through the 2022 agreement, which is approximately $4.80 per gallon.

This pricing relies on the Oilfield Publication Information Service (OPIS), which fluctuates daily because fuel is a publicly traded commodity.

The agreement is for 12 months, starting July 1, 2026, and expiring June 30, 2027. The not-to- exceed amount of the contract will be $1,100,000 for Fiscal Year 2027, based on recent average fuel consumption.

SC Fuels supplies diesel and gasoline fuel to the City, and staff have determined they can continue meeting its needs. Staff will continue monitoring the cost to ensure the City gets the best value City of Orange Printed on 7/23/2026Page 1 of 2
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Item #: 3.14. 7/28/2026 File #: 26-0379
meeting its needs. Staff will continue monitoring the cost to ensure the City gets the best value available.

7. ATTACHMENTS
· Agreement with SC Fuels FY 26-27
City of Orange Printed on 7/23/2026Page 2 of 2
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Agenda Item
Orange City Council
Item #: 3.14. 7/28/2026 File #: 26-0379
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize the purchase and delivery of diesel fuel and gasoline for an amount not to exceed $1,100,000 from Southern Counties Oil Co. dba SC Fuels, a California Limited Partnership

2. SUMMARY
Purchase and delivery of diesel and gasoline fuel for the City fleet for a not to exceed amount of $1,100,000.

4. FISCAL IMPACT
The expense for this agreement is $1,100,000 and will be funded through (100) General Fund:
100-5401-53201- Repair & Maintenance Supplies

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
SC Fuels offers a cooperative purchasing contract to acquire diesel and unleaded fuel.

This pricing relies on the Oilfield Publication Information Service (OPIS), which fluctuates daily because fuel is a publicly traded commodity.

SC Fuels supplies diesel and gasoline fuel to the City, and staff have determined they can continue meeting its needs. Staff will continue monitoring the cost to ensure the City gets the best value City of Orange Printed on 7/23/2026Page 1 of 2
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Item #: 3.14. 7/28/2026 File #: 26-0379
meeting its needs. Staff will continue monitoring the cost to ensure the City gets the best value available.

7. ATTACHMENTS
· Agreement with SC Fuels FY 26-27
City of Orange Printed on 7/23/2026Page 2 of 2
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248
Agenda Item
Orange City Council
Item #: 3.15. 7/28/2026 File #: 26-0429
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 rescue equipment and safety gear from Allstar Fire Equipment Inc.

2. SUMMARY
Purchase of rescue equipment and safety gear from Allstar Fire Equipment Inc. through Cooperative Purchasing Agreement, Regional Cooperative Agreement No. RCA ‑
017
‑
24010009, to support fire
suppression, training, and ambulance operator operational needs during Fiscal Year 2026 ‑
2027.

3. RECOMMENDED ACTION
Approve the purchase of Fire Department rescue equipment and safety gear from Allstar Fire Equipment Inc. in an amount not to exceed $520,000 for Fiscal Year 2026-2027.

4. FISCAL IMPACT
The expense for this purchase is $520,000 and will be funded through General Fund(100) and EMT Transport (225), respectively:
100-3121-54101 Noncapitalize Equipment $430,000
100-3121-53101 Operating Materials and Supplies $ 70,000 225-3216-54101 Noncapitalize Equipment $ 12,000
100-3123-54101 Noncapitalize Equipment $ 8,000
$520,000

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

6. DISCUSSION AND BACKGROUND
Fire Department rescue equipment and safety gear are selected based on operational requirements, applicable regulations, manufacturer specifications, and nationally recognized safety standards. This equipment is essential to protecting personnel during emergency operations and must be maintained and replaced throughout its service life to ensure firefighter safety, operational readiness, and compliance with applicable standards.

The Fire Department procures specialized safety gear, uniforms, and rescue equipment from three City of Orange Printed on 7/23/2026Page 1 of 2
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Item #: 3.15. 7/28/2026 File #: 26-0429
The Fire Department procures specialized safety gear, uniforms, and rescue equipment from three primary vendors - Allstar Fire Equipment Inc. (Allstar), LN Curtis & Sons, and LineGear, Inc. - based on each company's authorized product lines, manufacturing relationships, distribution rights, and technical expertise. In many cases, these vendors are the exclusive authorized distributors for the equipment currently standardized by the Orange City Fire Department.

Allstar is the department's primary supplier for firefighter personal protective equipment, including turnout gear, helmets, helmet liners, and firefighting gloves. The company also provides specialized rescue equipment, including self-contained breathing apparatus (SCBA), thermal imaging cameras, firefighting hose, replacement parts, and related accessories.

Allstar is the factory-authorized Southern California distributor for Lion Group, Inc. turnout gear, Scott Health and Safety SCBA equipment and replacement parts, Phenix structural fire helmets, and Elkhart Brass firefighting nozzles and hose couplings. Maintaining standardized equipment from these manufacturers improves firefighter training, operational compatibility, equipment maintenance, and inventory management while ensuring replacement components remain fully compatible with existing equipment.

The proposed purchase will be made through County of Orange Regional Cooperative Agreement No. RCA-017-24010009. The agreement was competitively solicited by the County and is available for use by participating public agencies. Utilizing this cooperative purchasing agreement allows the City to obtain competitively bid pricing while streamlining the procurement process and ensuring timely acquisition of mission-critical equipment.

The Fire Department requests authorization to purchase rescue equipment and safety gear from Allstar Fire Equipment Inc. in an amount not to exceed $520,000 during Fiscal Year 2026-2027.

7. ATTACHMENTS
· Allstar Fire Equipment Inc. Regional Cooperative Agreement No. RCA ‑
017
‑
24010009
City of Orange Printed on 7/23/2026Page 2 of 2
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Agenda Item
Orange City Council
Item #: 3.15. 7/28/2026 File #: 26-0429
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 rescue equipment and safety gear from Allstar Fire Equipment Inc.

3. RECOMMENDED ACTION
Approve the purchase of Fire Department rescue equipment and safety gear from Allstar Fire Equipment Inc. in an amount not to exceed $520,000 for Fiscal Year 2026-2027.

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

The Fire Department procures specialized safety gear, uniforms, and rescue equipment from three City of Orange Printed on 7/23/2026Page 1 of 2
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251
Item #: 3.15. 7/28/2026 File #: 26-0429
The Fire Department procures specialized safety gear, uniforms, and rescue equipment from three primary vendors - Allstar Fire Equipment Inc. (Allstar), LN Curtis & Sons, and LineGear, Inc. - based on each company's authorized product lines, manufacturing relationships, distribution rights, and technical expertise. In many cases, these vendors are the exclusive authorized distributors for the equipment currently standardized by the Orange City Fire Department.

The Fire Department requests authorization to purchase rescue equipment and safety gear from Allstar Fire Equipment Inc. in an amount not to exceed $520,000 during Fiscal Year 2026-2027.

7. ATTACHMENTS
· Allstar Fire Equipment Inc. Regional Cooperative Agreement No. RCA ‑
017
‑
24010009
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County of Orange, County Procurement Office Page 1 of 26 RCA-017-24010009 Fire Equipment and Safety Gears File No. 2399102 Allstar Fire Equipment Inc.

REGIONAL COOPERATIVE AGREEMENT (RCA)
CONTRACT NUMBER RCA-017-24010009

BETWEEN

COUNTY OF ORANGE/COUNTY PROCUREMENT OFFICE
AND
ALLSTAR FIRE EQUIPMENT INC.

FOR

FIRE EQUIPMENT AND SAFETY GEARS

This Contract RCA-017-24010009 for Fire Equipment and Safety Gear s (“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 Allstar Fire Equipment Inc. , a State of California Corporation (“Contractor”) with a County and Contractor sometimes referred to individually 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 – Pricing and Compensation

RECITALS
WHEREAS, Contractor and County are entering into this Contract for Fire Equipment and Safety Gears under a firm fixed fee Contract; and,
WHEREAS, County solicited Contract for Fire Equipment and Safety Gears as set forth herein, and Contractor represented that it is qualified to provide Fire Equipment and Safety Gear to the County as further set forth here; and,
WHEREAS, Contractor agrees to provide Fire Equipment and Safety Gears 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:

A. 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 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.

B. 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 DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 253305
County of Orange, County Procurement Office Page 2 of 26 RCA-017-24010009 Fire Equipment and Safety Gears File No. 2399102 Allstar Fire Equipment Inc. 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.

C. 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.

D. 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 the Contractor.

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

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

G. WARRANTY: Contractor expressly warrants that the goods 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 the particular purpose for which they are intended. Acceptance of t his order shall constitute an agreement upon Contractor’s part to indemnify, defend and hold County and its indemnities as identified in Article “Z” below, and as more fully described in Article “Z,” 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 warranties, faulty work performance, negligent or unlawful acts, and non -compliance with any applicable state or f ederal 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.

H. 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 servic es 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 Article “Z” below, 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.

I. 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 wit hout 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.

DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 254306
County of Orange, County Procurement Office Page 3 of 26 RCA-017-24010009 Fire Equipment and Safety Gears File No. 2399102 Allstar Fire Equipment Inc.

J. 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.

K. 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 the Contractor. Exercise by County of its right to terminate the Contract shall relieve County of all further obligations.

L. 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 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.

M. 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 qua lify for workers’ compensation or other fringe benefits of any kind through County.

N. 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 goods/services furnished by the Contractor under this Contract.

Contractor shall perform all work dilige ntly, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, 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.

O. INSURANCE: 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 Contrac t 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 f orth 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 insur ance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. 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.

All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any SIRs 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 req uire 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.

DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 255307
County of Orange, County Procurement Office Page 4 of 26 RCA-017-24010009 Fire Equipment and Safety Gears File No. 2399102 Allstar Fire Equipment Inc.

If Contractor fails to maintain insurance acceptable to County for the full term of this contract, 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).

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 Contractor shall provide the minimum limits and coverage as set forth below:

Coverage Minimum Limits
Commercial General Liability $1,000,000 per occurrence
$2,000,000 aggregate
Automobile Liability including coverage for
owned, scheduled, non -owned and hired
vehicles
$1,000,000 combined single limit per
occurrence
Workers’ Compensation Statutory
Employer’s Liability Insurance $1,000,000 per accident or disease

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

Required Coverage Forms

The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.

The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad.

Required Endorsements

The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:

1. An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as broad naming County of Orange, its elected and appointed officials, officers, employees and agents as Additional Insureds, or provide blanket coverage, which will state As Required By Written Contract.

2. A primary non-contributing endorsement using ISO Form CG 20 01 04 13, or a form at least as broad evidencing that Contractor’s insurance is primary and any insurance or self-insurance maintained by County of Orange shall be excess and non-contributing.

The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against County of Orange, its elected and appointed officials, officers, DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 256308
County of Orange, County Procurement Office Page 5 of 26 RCA-017-24010009 Fire Equipment and Safety Gears File No. 2399102 Allstar Fire Equipment Inc. employees and agents , or provide blanket coverage, which will state As Required By Written Contract.

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

Contractor shall notify County in writing within thirty (30) days of any policy cancellation and ten (10) days for 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 Contract, upon which County may suspend or terminate this contract.

The Commercial General Liability policy shall contain a severability of interests clause, also known as a “separation of insureds” clause (standard in the ISO CG 001 policy).

Insurance certificates should be emailed to [email protected] Certificate Holder must state:

County of Orange
c/o: CEO/County Procurement Office
Attn: Insurance
400 West Civic Center Drive, 5th Floor
Santa Ana, CA 92701

If Contractor fails to provide the insurance certificates and endorsements within seven (7) 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 a s appropriate to adequately protect County.

County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable Certificates of Insurance and endorsements with 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.

The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this contract, nor act in any way to reduce the policy coverage and limits available from the insurer.

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

Q. CHANGE OF OWNERSHIP: 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 the terms of sale or other instruments of transfer to assume Contractor’s duties and obligations contained in this Contract and complete them to the satisfaction of the County.

DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 257309
County of Orange, County Procurement Office Page 6 of 26 RCA-017-24010009 Fire Equipment and Safety Gears File No. 2399102 Allstar Fire Equipment Inc.

County reserves the right to immediately terminate the Contract in the event the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services under the Contract.

In addition, Contractor has the duty to notify the County in writing of any change in the Contractor’s status with respect to name changes that do not require an assignment of the Contract. The Contractor is also obligated to notify the County in writing if the Contractor becomes a party to any litigation against the County, or a party to litigation that may reasonably affect the Contractor’s performance under the Contract, as well as any potential conflicts of interest between Contractor and County that may arise prior to or during the period of Contract performance. While Contractor will be required to provide this information without prompting from the County any time there is a change in Contractor’s name, conflict of interest or litigation status, Cont ractor must also provide an update to the County of its status in these areas whenever requested by the County.

The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with County interests. In addition to the Contractor, this obligation shall apply to the Contractor’s employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. The Contractor’s efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers in the performance of their County.

R. 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 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.

S. 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 rec ords and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.

T. 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 compliance, and pursuant to the requirements of Article “Z” below, 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.

U. FREIGHT: For orders over $5,000.00 (before sales tax), prior to the 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 this Contract.

V. 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.

W. 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.

X. 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 th eir own DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 258310
County of Orange, County Procurement Office Page 7 of 26 RCA-017-24010009 Fire Equipment and Safety Gears File No. 2399102 Allstar Fire Equipment Inc. choosing or has knowingly declined to seek such 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 affect the purpose of the parties and this Contract.

Y. 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 F ederal statutes and regulations. The 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. The Contractor shall retain all such documentation for all covered employees for the period prescr ibed by the law. The Contractor shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Contractor or the 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.

Z. INDEMNIFICATION PROVISIONS: 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 b y 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.

AA. AUDITS/INSPECTIONS: Contractor agrees to permit the County’s Auditor -Controller or the Auditor-Controller’s authorized representative (including auditors from a private auditing firm hired by the County) access during normal working hours to all books, accounts, records, rep orts, 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 in spection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of administering the Contract. The County will provide reasonable notice of such an audit or inspection.

BB. 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 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.

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

DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 259311
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ADDITIONAL TERMS AND CONDITIONS:

1. SCOPE OF CONTRACT: This Contract specifies the contractual terms and conditions by which the County will procure goods/services from Contractor as further detailed in the S cope of Work, identified and incorporated herein by this reference as Attachment A.

2. TERM OF CONTRACT: This Contract shall commence upon execution of all necessary signatures and continue for five (5) calendar year(s) from that date, unless otherwise terminated by County.

3. AMERICANS WITH DISABILITIES ACT (ADA): Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities

4. AUTHORIZATION WARRANTY: The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority

5. BREACH OF CONTRACT: The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a) Terminate the Contract immediately, pursuant to Section K herein; b) Afford the Contractor written notice of the breach and ten calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and
d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above.

6. CAL-OSHA VEHICLE REGULATION: All vehicles must meet California Motor Vehicle and Cal- OSHA regulations and all other applicable codes required for vehicle use on the roads or highways in the state of California.

7. CIVIL RIGHTS: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.

8. COOPERATIVE CONTRACT: The provisions and pricing of this Contract will be extended to any Municipal, County, Public Utility, Hospital, Educational Institution, or any other non -profit or governmental organization. Governmental entities wishing to use this contract will be responsible for issuing their own purchase documents / price agreements, providing for their own acceptance, and making any subsequent payments. Contractor shall be required to include in any Contract entered into with another agency or entity that is entered into as an extension of this Contract a Contract clause that will hold harmless the County of Orange from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with the use of this Contract. Failure to do so will be considered a material breach of this Contract and grounds for immediate Contract termination. The cooperative entities are responsible for obtaining all certificates of insurance and bonds required. The County of Ora nge makes no guarantee of usage by other users of this Contract.

DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 260312
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A 2 percent rebate on Eligible Revenues will be paid to the County for any contracts the Contractor agrees to enter into with other entities under the provisions and pricing of this Contract. The Contractor shall provide quarterly Volume Sales Reports to t he County about additional sales to other entities under the provisions and pricing of this Contract. The Reports shall include the ordering agency, detail of items sold including description, quantity, and price, and shall include all transactions pertain ing to sales under the Contract provisions and pricing for that Reporting Period. Contractor shall provide the Volume Sales Reports regardless of whether or not any sales have been conducted. Failure of the Contractor to provide quarterly reports as requir ed, may be deemed breach of the contract. A late penalty of 15 percent on the value of the rebate may be assessed to the Contractor for each month the payments are not received.

9. CONFLICT OF INTEREST–CONTRACTOR’S PERSONNEL: The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the County. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and subcontractors associated with accomplishing work and services hereunder.

The Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, ente rtainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of the County.

10. CONFLICT OF INTEREST– COUNTY PERSONNEL: The County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. The Contractor shall not, during the period of this Contract, employ any County employee for any purpose.

11. CONTRACTOR WORK HOURS AND SAFETY STANDARDS: The Contractor shall ensure compliance with all safety and hourly requirements for employees in accordance with federal, state and County’s safety regulations and laws.

12. CONTRACTOR PERSONNEL REFERENCE CHECK: The Contractor warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract. Contractor’s employees assigned to this project must meet character standards as demonstrated by background investigation and reference checks, coordinated by the agency/department issuing this Contract.

13. CONTRACTOR’S EXPENSE: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on County sites during the performance of work and services under this Contract. The County will not provide free parking for any service in the County Civic Center.

14. CONTRACTOR PERSONNEL UNIFORMS/BADGES/IDENTIFICATION: The Contractor warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract.

All Contractor’s employees shall be required to wear uniforms, badges or other means of identification which are to be furnished by the contractor and must be worn at all times while working on County property. The assigned Deputy Purchasing Agent must be notified in writing, within seven days of notification of award of Contract, of the uniform and/or badges and/or other identification to be worn by employees prior to beginning work and notified in writing seven days prior to any changes in this procedure.

15. CONTRACTOR’S RECORDS: The Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by the Contractor in accordance with generally accepted accounting principles. These records shall be stored in Orange County f or a period of three (3) years after final payment is received from the County. Storage of records in another county will require written approval from the County of Orange assigned Deputy Purchasing DPA.

16. CONDITIONS AFFECTING WORK: Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 261313
County of Orange, County Procurement Office Page 10 of 26 RCA-017-24010009 Fire Equipment and Safety Gears File No. 2399102 Allstar Fire Equipment Inc. to know the general conditions, which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to the County. The County a ssumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the County are expressly stated in the Contract.

17. COUNTY OF ORANGE LOCAL SMALL BUSINESS PREFERENCE REQUIREMENTS: Contractor certifies it is in compliance with County of Orange Local Small Business Preference requirements at the time this Contract is executed.

18. DATA – TITLE TO: All materials, documents, data or information obtained from the County data files or any County medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the County. All materials, documents, data or information, including copies, must be returned to the County at the end of this Contract.

19. DEBARMENT: Contractor shall certify that neither Contractor nor its principles are presently debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in the transaction by any Federal department or agency. Where Contractor as the recipient of federal funds, is unable to certify to any of the statements in the certification, Contractor must include an explanation with the bid/proposal. Debarment pending debarment, declared ineligibility or voluntary exclusion from participatio n by any Federal department of agency may result in the bid/proposal being deemed non-responsible.

20. DEFAULT: In case of default by Contractor, the County of Orange may procure the services from other sources. If the cost for those goods and/or services is higher than under the terms of the existing Contract, Contractor will be responsible for paying the County the difference between the Contract cost and the price paid, and the County may deduct this cost from any unpaid balance due the Contractor. The price paid by the County shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law.

21. DELIVERY LOCATION – NO LOADING DOCK: Delivery locations may not have loading docks.

The Contractor is required to make all necessary arrangements for lift trucks or other means necessary to complete delivery. Inside delivery to secured facilities may be required.

22. DISABLED VETERAN BUSINESS ENTERPRISE: Contractor certifies it is in compliance with County of Orange Disable Veteran Business Enterprise Preference requirements at the time this contract is executed.

23. DISPUTES – CONTRACT:
a. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Mana ger and the County‘s Project Manager, such matter shall be brought to the attention of the County Deputy Purchasing Agent by way of the following process:
1) Contractor shall submit to the agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless the County, o n its own initiative, has already rendered such a final decision. 2) Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.

DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 262314
County of Orange, County Procurement Office Page 11 of 26 RCA-017-24010009 Fire Equipment and Safety Gears File No. 2399102 Allstar Fire Equipment Inc. b. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the provision of services under this Contract.

The Contractor’s failure to diligently proceed shall be cons idered a material breach of this Contract.

Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County Deputy Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. Nothing in this section shall be construed as affecting the County’s right to terminate the Contract for cause or termination for convenience as stated in section K herein.

25. DRUG-FREE WORKPLACE: The Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The Contractor will:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).
b. Establish a drug -free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The organization’s policy of maintaining a drug-free workplace; iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:
i. Will receive a copy of the company’s drug-free policy statement; and ii. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract.

Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the Contract or both, and the Contractor may be ineligible for award of any future County contracts if the County determines that any of the following has occurred:
a. The Contractor has made false certification, or

b. The Contractor violates the certification by failing to carry out the requirements as noted above.

26. EMERGENCY/DECLARED DISASTER REQUIREMENTS: In the event of an emergency or if Orange County is declared a disaster area by the County, state or federal government, this Contract may be subjected to unusual usage. The Contractor shall service the County during such an emergency or declared disaster under the same terms and conditions that apply during non -emergency/disaster conditions. The pricing quoted by the Contractor shall apply to serving the County’s needs regardless of the circumstances. If the Contractor is unable to supply the goods/services under the terms of the Contract, then the Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from the Contractor’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from the Contractor shall show both the emergency purchase order number and the Contract number.

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27. ERRORS AND OMISSIONS: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as project manager and key personnel attached hereto, prior to submission to the County.

Contractor agrees that County review is discretionary, and Contractor shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after County approval thereof, County approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor, and the reports, files or documents will be returned to Contractor for correction

28. EQUAL EMPLOYMENT OPPORTUNITY: Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. The Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.

Regarding handicapped persons, the Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in emplo yment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.

Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.

29. EQUIPMENT MAINTENANCE SERVICE: Cleaning, inspecting, replacing all worn parts, lubricating, testing, and adjusting will be provided as required to maintain the equipment in satisfactory operating condition. The Contractor inspections will be completed during County work hours and will be coordinated with the agency/department having control of the equipment. Emergency service required and performed during normal business hours is included at no extra charge. The Contractor shall list any parts that are not considered part of this equi pment maintenance price agreement.

30. GRATUITIES: Contractor warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the County with a view toward securing the Con tract or securing favorable treatment with respect to any determinations concerning the performance of the Contract.

For breach or violation of this warranty, the County shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the County in procuring on the open market any goods or services which the Contractor agreed to supply shall be borne and paid for by the Contractor. The rights and remedies of the County provided in the clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract.

31. HAZARDOUS CONDITIONS: Whenever the Contractor’s operations create a condition hazardous to traffic or to the public, the Contractor shall provide flagmen and furnish, erect and maintain control devices as are necessary to prevent accidents or damage or injury to the public at C ontractor’s DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 264316
County of Orange, County Procurement Office Page 13 of 26 RCA-017-24010009 Fire Equipment and Safety Gears File No. 2399102 Allstar Fire Equipment Inc. expense and without cost to the County. The Contractor shall comply with County directives regarding potential hazards.

Emergency lights and traffic cones must also be readily available at all times and must be used in any hazardous condition. Emergency traffic cones must be placed in front of and behind vehicles to warn oncoming traffic.

Signs, lights, flags, and other warning and safety devices shall conform to the requirements set forth in Chapter 5 of the current traffic manual, Traffic Control for Construction and Maintenance Work Zones, published by the state of California Department of Transportation.

32. 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 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.

33. LOBBYING: On the best information and belief, Contractor certifies no federal appropriated funds have been paid or will be paid by, or on behalf of, the Contractor to any person influencing or attempting to influence an officer or employee of Congress; or an employee o f a member of Congress in connection with the awarding of any federal contract, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

34. MATERIAL SAFETY DATA SHEETS (MSDS): The Contractor is required to provide a completed Material Safety Data Sheet (MSDS) for each hazardous substance provided to the County under the contractor’s contract with the County. This includes hazardous substances that are not directly included in the Contract but are included in the goods or services provided by the Contractor to the County. The provision of the MSDSs must be in accordance with the requirements of California Labor Code Sections 6380 through 6399, General Industry Safety Order Section 5194, and Title 8, California Code of Regulations. The MSDSs for each substance must be sent to the place of shipment or provision of goods/services and must also be sent to:

County of Orange
CEO/Risk Management
Attn: Safety and Loss Prevention Program
PO Box 327
Santa Ana, CA 92702

35. NEWS/INFORMATION RELEASE: Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from the County through the County’s Project manager.

36. NOTICES: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course of the parties’ project managers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four ca lendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.

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Contractor: Allstar Fire Equipment Inc.

Attn: John Sprengelmeyer
12328 Lower Azusa Rd.

Arcadia, CA, 91006
Phone: (626) 652-0900
Email: [email protected]

For County: County of Orange
County Procurement Office
Attn: Jessica Loy, Deputy Purchasing Agent
400 West Civic Center Drive, 5th Floor
Santa Ana, CA 92701
Phone: 714-567-5113
Email: [email protected]

37. ORDER DATES: Orders may be placed during the term of the Contract even if delivery may not be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to County and the order date must precede the expiration date of the Contract.

38. OWNERSHIP OF DOCUMENTS: County has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the County and may be used by the County as it may require without additional cost to the County. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the ex press written consent of the County.

39. PRECEDENCE: The Contract documents consist of this Contract and its exhibits and attachments.

In the event of a conflict between or among the Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.

40. PROJECT MANAGER, COUNTY: The County shall appoint a project manager to act as liaison between the County and the Contractor during the term of this Contract. The County’s project manager shall coordinate the activities of the County staff assigned to work with the Contractor.

The County’s project manager shall have the right to require the removal and replacement of the Contractor’s project manager and key personnel. The County’s project manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within three (3) business days after written notice from the County’s project manager. The County’s project manager shall review and approve the appointment of the replacement for the Contractor’s project manager and key personnel. Said approval shall not be unreasonably withheld. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under the Contract.

41. PROJECT MANAGER AND KEY PERSONNEL, CONTRACTOR: Contractor shall appoint a Project Manager to direct the Contractor’s efforts in fulfilling Contractor’s obligations under this Contract.

This Project Manager shall be subject to approval by the County and shall not be changed without the written consent of the Coun ty’s Project Manager, which consent shall not be unreasonably withheld.

The Contractor’s Project Manager shall be assigned to this project for the duration of the Contract and shall diligently pursue all work and services to meet the project time lines. The County’s Project Manager shall have the right to require the removal and replacement of the Contractor’s Project Manager from providing services to the County under this Contract. The County’s Project manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within three (3) business days after written notice by the County’s Project Manager. The County’s Project Manager shall review and approve the appointment of the replacement for the DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 266318
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Contractor’s Project Manager. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under the Contract.

42. SUB-CONTRACTING: No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the County. Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the County shall be invalid and shall constitute a breach of this Contract.

In the event that the Contractor is authorized by the County to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor and shall incorporate by reference the terms of this Contract. The County shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the County of Orange.

43. SUBSTITUTIONS: The Contractor is required to meet all specifications and requirements contained herein. No substitutions will be accepted without prior County written approval.

44. TERMINATION ORDERLY: After receipt of a termination notice from the County of Orange, the Contractor may submit to the County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by the County upon written request of the Contractor. Upon termination County agrees to pay the Contractor for all services performed prior to termination which meet the requirements of the Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in the Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of the Contract.

45. USAGE: No guarantee is given by the County to the Contractor regarding usage of this Contract.

Usage figures, if provided, are approximations. The Contractor agrees to supply services and/or commodities requested, as needed by the County of Orange, at rates/pri ces listed in the Contract, regardless of quantity requested.

46. USAGE REPORTS: The Contractor shall submit usage reports on an annual basis to the assigned Deputy Purchasing Agent of the County of Orange user agency/department. The usage report shall be in a format specified by the user agency/department and shall be submitted 90 days prior to the expiration date of the contract term, or any subsequent renewal term, if applicable.

47. WAIVERS - CONTRACT: The failure of the County in any one or more instances to insist upon strict performance of any of the terms of this Contract or to exercise any option contained herein shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms or option on any future occasion.

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CONTRACT SIGNATURE PAGE

IN WITNESS WHEREOF, t he Parties hereto have executed this Contract on the date following their respective signatures.

ALLSTAR FIRE EQUIPMENT INC.*

Signature Name Title Date

COUNTY OF ORANGE, A political subdivision of the State of California COUNTY AUTHORIZED SIGNATURE:

Deputy Purchasing Agent
Signature Name Title Date

* If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolu tion demonstrating the legal authority of the signee to bind the corporation.

DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 SAles
9/12/2023John Sprengelmeyer
9/14/2023SAlesJohn Sprengelmeyer
9/14/2023Helen Hernandez
268320
County of Orange, County Procurement Office Page 17 of 26 RCA-017-24010009 Fire Equipment and Safety Gears File No. 2399102 Allstar Fire Equipment Inc.

ATTACHMENT A

SCOPE OF WORK

I. GENERAL INFORMATION: The County is comprised of 22 departments and over 18,000 employees located throughout the County. The County’s core businesses are public safety, public health, environmental protection, regional planning, public assistance, social services and aviation. The County of Orange may have over 100+ locations/facilities that may require servicing throughout the County.

The County of Orange is seeking to partner with a qualified Fire Equipment and Safety Gear company or companies who can provide exceptional performance and competitive pricing. The County’s intent is to obtain the most cost-effective fire equipment and safety gear while maximizing the quality and level of service. The Contractor is to provide Fire Equipment and Safety Gear on an on-going or as needed basis.

Each Department may have different hours of operations; however, all non-urgent deliveries shall be completed within regular County business hours. All emergency/urgent deliveries shall be coordinated with each respective ordering Department.

II. CONTRACTOR RESPONSIBILITIES:

1. Contractor shall:

1. Possess all Federal, State and Local permits, licenses and approvals necessary to provide goods required in the Scope of Work. Any associated fees shall be the responsibility of the Contractor.

2. Provide a dedicated account manager/sales representative and/or inside customer service representative knowledgeable of the Contract products, to efficiently answer all County questions/inquiries. Contractor account manager/sales representative shall be a vailable during regular business hours to assist County with placement of orders, follow -ups and any other areas requiring assistance within the realm of their responsibility.

3. All pricing is to be FOB: DESTINATION. No shipping charges will be authorized for payment for merchandise ordered against this Contract, including additional products.

4. Make delivery arrangements directly with the requesting Department at the location specified on the order. Deliveries are expected to be made in full. Approval for delivery of partial or incomplete orders shall be obtained prior to delivery from the Depa rtment placing the order. Partial deliveries without approval may not be accepted and any charges incurred shall be the responsibility of the Contractor.

5. Notify the requesting Department within two (2) working days after placing the order of any items out of stock.

6. Itemize all applicable Federal and State taxes, as well as any other applicable taxes/fees as separate line items when invoicing. No self-imposed fees shall be accepted.

7. Not charge the County for urgent order requests, which must be delivered to the location specified in the order within 24 hours from order acknowledgement, including after hours, weekends and holidays.

8. Notify County in writing at least thirty (30) days prior to replacing a discontinued product.

Discontinued products shall be removed automatically, however, the replacement product must be of equal to or exceed the quality of discontinued product and must be equal or less than the price listed on Contract. A new Product list may be uploaded as an Attachment, an Amendment may not be required.

9. Not provide refurbished, irregular or used products.

10. Ensure adequate stock availability of contracted items.

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Provide substituted items that may be considered by the requesting department and must be equivalent or greater than the specifications required. Substituted items need to be approved by County departments.

III. HOURS OF OPERATIONS:

A. Contractor shall maintain a telephone answering system, which, at a minimum, provides eight (8) hours a day, five (5) day week coverage from the hours of 8:00 am PT to 5:00 pm PT and/or e-mail address to place all requests/orders, as well as a contact name and number for 24 -hour access phone number for emergency orders.

B. For all general services, Contractor shall return calls or respond to emails within twenty -four (24) hours (equivalent to one (1) business day) to County regarding requests /orders. Any calls/emails received on Friday shall be answered by the following Monday, unless identified as an emergency or other arrangement is made with each ordering Department.

Account Representative Name: Jeff Glanzrock or John Sprengelmeyer Telephone No: 626-652-0900
Cell Phone No (Jeff) 626-255-0435
E-Mail Address: [email protected]

AFTER-HOURS CONTACT
After Hours Contact Name: Jeff Glanzrock
After Hours Telephone No: 626-255-0435
After Hours E-Mail address: [email protected],
[email protected]
C. Any changes in Account Representative or After -Hours Account Representative shall be notified in writing to County, County Procurement Buyer listed under Articles 34-Notices.

COUNTY HOLIDAYS:

New Year’s Day Martin Luther King Day Presidents’ Day
Lincoln’s Birthday Memorial Day July 4th
Columbus Day Labor Day Veterans Day
Thanksgiving & Day After Thanksgiving Christmas
D. (s) shall complete all work within regular County business hours, Monday through Friday 8:00 a.m. to 5:00 p.m. (PST), unless other arrangements are made by County Site Coordinator. Each Department may have different needs due to facility structure and/or hours of operations; Contractor shall accommodate requests based on each facility’s needs and hours of operations.

E. Some County facilities are twenty -four (24) hour operations, special arrangements shall be made between Contractor and County Site Coordinator.

IV. DELIVERY INSTRUCTIONS:

A. Contractor Shall:

1. Deliver within five (5) business days from order acknowledgement, unless other arrangements are made with authorized County personnel.

2. Provide an order or packing slip with all shipments. All products delivered must be properly and clearly labeled detailing product shipped.

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3. Make delivery arrangements directly with the requesting Department at the time of placing the order. Deliveries are expected to be made in full shipments; approval for delivery of partial or incomplete orders shall be obtained prior to delivery from the de partment placing the order. Partial deliveries without prior approval may be rejected any charges incurred shall be the responsibility of the Contractor.

4. Be responsible for all delivery parking fees. County will not provide free parking for delivery services and/or parking fees will not be reimbursed. County will not issue any parking passes.

5. Not charge County for occasional emergency requests, which must receive delivery within 24-hours of order acknowledgement.

6. Delivery locations may not have loading docks. The Contractor is required to make all necessary arrangements for lift trucks or other means necessary to complete delivery. Inside delivery to secured facilities may be required.

V. DELIVERY LOCATIONS:

A. Contractor shall:

1. Schedule deliveries with each Department placing orders. There are numerous locations that require delivery throughout the County, all deliveries shall be made to the specific location on the order request. Contractor is required to make deliveries to all County of Orange locations/facilities.

2. Make delivery of goods to any of the County facilit ies within five (5) business days after acknowledgement of order, unless other arrangements are made, or order requires additional delivery time then Contractor shall coordinate with ordering department accordingly.

VI. ORDERING, METHODS AND PACKAGING & LABELING:

A. Contractor Shall:

1. Have the capability to accept orders through the following methods:
a. Electronic (email/internet)
b. Telephone
B. Not require minimum quantity and/or cost per order. No other minimum delivery requirements shall apply. Orders shall be placed at the convenience of each Department.

C. Provide a written order acknowledgement to end user via email for all items quoted/ordered, listing the name of ordering staff and phone number, order date, contract number, quantity ordered, unit of measure, pricing and estimated time of arrival.

D. Have a packing list and label referencing the Purchase Order (PO or CT) and/or Contract Number (MA), order date, ship -to name and address, delivery zone (if requested), item number, item description, quantity, price and any additional information requested by the County on each order.

VII. LOST/DAMAGE SHIPMENTS AND RETURNS:

A. Contractor Shall:

1. If Contractor fails to deliver, or erroneously delivers products, Contractor is required to take immediate action to make the correct delivery at no cost to County.

2. Should any action cause visible damage to the products during transport, Contractor is required to immediately contact County and forward a damage report detailing the damage via email.

3. Have the capability of tracking all shipments to provide status to County Personnel.

4. Lost or damage shipments shall be replaced immediately and at no additional cost to County.

B. Contractor Shall (Returns):

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1. Process returns made within fifteen (15) business days of delivery under any of the following circumstances:

2. Items/Products ordered are received with visible or noted damage in shipment and/or delivery; these must be properly noted on the delivery receipt by the County’s personnel.

3. Items/Products ordered are received with concealed or not noted damage in shipment and/or delivery and the County discovery is properly recorded and reported to the Contractor within the next 24 hours of receipt of merchandise.

4. Items/Products are incorrectly shipped.

5. Items/Products received as late or delayed and because of the late or delayed delivery are deemed in good faith by the County to be unusable or no longer needed.

C. Accept returns for items that do not meet County requirements. Any incorrect items shall be immediately replaced by Contractor without any cost to the County.

D. Under no circumstances, Contractor shall charge any restocking fees to any items being returned for any of the above reasons.

E. All returns shall be coordinated via email, telephone, or fax to the Contractor by the Department’s designated buyer or authorized County Personnel.

F. Contractor may choose to pick up items/products being returned or send a pre -paid return label to return package at no cost to the County. A credit for returned items shall be issued within thirty (30) business days of notification. Contractor shall not charge restocking fees for any returns.

VIII. EMERGENCY (URGENT) ORDER REQUESTS:

A. County may place emergency/urgent orders, which are defined as goods require to be delivered as soon as possible, or within next business day from receiving the call/email, including County observed holidays and weekends.

B. Contractor shall not bill any additional fees for emergency/urgent deliveries. During the course of the Contract, Departments may require an emergency/urgent order for delivery.

C. All emergency/urgent deliveries shall be coordinated with each respective ordering Department.

The Intent of this Contract is for daily operations; however, in an Emergency Event or Declared Disaster by the County, Contractor shall service the County during such an emergency under the same terms and conditions that apply during regular standard non-emergency/disaster conditions.

This Contract may be subject to unusual usage. Emergency Events or Declared Disasters may be rare occurrences.

IX. COUNTY RESPONSIBILITIES:

A. The County reserves the right to obtain competitive bids on any material or service and to utilize the data provided under this Contract relative to necessary materials and services.

B. The County reserves the right to update Attachment B, if any item is discontinued or changed by the Manufacturer and add a direct replacement of equal or greater quality with no change in price, as per this Contract. An amendment may not be required.

C. Recycling Program-County: County shall rinse or remove food particles from foam disposable products (plates/cups).

D. County shall place rinsed foam recyclables in plastic trash bags and put them in the boxes originally used for shipment.

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X. SECURITY REQUIREMENTS:

A. The County operates several secured facilities: most notable are several Probation, Sheriff and Airport operated sites. Contractors and their employees who perform services in these facilities will be required to strict operation policies and may be required to pass a background check prior to their employment due to security requirements for certain facilities covered under this Contract. During performance of the work, especially at detention facilities, workers shall closely monitor all tools, equipment and other materials at all times. Workers shall have no contact verbal or physical, with any inmate of these facilities. These policies have been designed with the primary purpose of ensuring a safe and secure environment for all involved.

1. The Contractor will provide a list of all personnel/employees who will be directly performing tasks associated with the Contract. Contractor’s personnel/employees providing service in a secured detention facility, a Probation facility or a Sheriff’s facility, will be expected to pass two (2) separate background checks performed by the Orange County Sheriff’s Department and the Orange County Probation Department. No changes shall be authorized to the approved list without a request in writing submitted by t he Contractor and approved by the County Site Coordinator. At no time will unauthorized Contractor employees perform any task associated with this Contract. If this occurs, the Contractor will be notified that they have not complied with the terms of thi s Contract and are subject to Contract termination.

The list of all Personnel/Employees working on County projects shall be submitted prior to award of this Contract.

2. Contractor shall prepare and submit a Security Clearance form to the County Site Coordinator for all persons who will be working on or who will need access to secured facilities.

3. Security Clearance forms shall be submitted at least five (5) working days prior to the start of work or prior to the use of any person subsequent to the start of work.

4. Said Security Clearance forms shall be thoroughly and accurately complete. Omissions or false statements, regardless of the nature or magnitude, may be grounds for denying clearance.

5. No person shall be employed on this work who has not received prior clearance from the Probation Department, Sheriff’s Department or John Wayne Airport.

6. The County, John Wayne Airport, the Probation Department and the Sheriff’s Department are not under any obligation to give a reason clearance is denied.

7. The Contractor shall be responsible to sign in with the County Site Coordinator or designee, as required. Upon arrival at any secure facility (e.g., JWA, Probation) the Contractor shall report to the Central Control Center (Control). Contractor personnel shall have no contact, either verbal or physical, with internees in secured detention facilities.

8. Specifically:

2. Do not give names or addresses to internees.

3. Do not receive any names or addresses from internees.

4. Do not disclose the identity of any internee to anyone outside the facility.

5. Do not give any materials to internees.

6. Do not receive any materials from internees (including materials to be passed to another individual or internee).

7. *Failure to comply with these requirements is a criminal act and can result in prosecution.

9. Any Contractor personnel/employee(s) engaged in the performance of work under this Contract shall be expected to pass the screening requirements and abide by all of the security requirements set forth by the Federal Aviation Administration (FAA) and the County of Orange.

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County of Orange, County Procurement Office Page 22 of 26 RCA-017-24010009 Fire Equipment and Safety Gears File No. 2399102 Allstar Fire Equipment Inc. “The Federal Aviation Administration (FAA) approved security program for John Wayne Airport requires that each person issued a John Wayne Airport security badge is made aware of his/her responsibilities regarding the privilege of access to restricted areas of the airport”.

All persons within the restricted air operation areas of the airport are required to display, on their person, a John Wayne Airport security badge, unless they are specifically exempted for reasons or they are under escort by a properly badged individual. Each airport employee or airport tenant employee who has been issued a John Wayne Airport security badge is responsible for challenging any individual who is not properly displaying an airport issued or approved and valid identification badge . Any person who is not properly displaying or who cannot produce a valid John Wayne Airport security badge must immediately be referred to the Sheriff’s Department Airport Detail Office for proper handling.

The John Wayne Airport security badge is the property of the County of Orange and must be returned upon termination of employment at John Wayne Airport. The loss of a badge shall be reported within twenty -four (24) hours to the Sheriff’s Department Airpor t Dispatch Center (949) 252-5000. A report shall be made before a replacement badge will be issued. a. All vehicles parked on-site shall be locked and thoroughly secured at all times. b. All equipment and materials shall remain in the Contractor possession at all times and shall never be left unattended. All lost or misplaced equipment or materials shall be reported immediately to the (a) security staff or Control in secured detention facilities or (b) the escort or Control in Sheriff’s facilities.
c. Personnel shall not smoke or use profanity or other inappropriate language while on-site. d. Personnel shall not enter the facility while under the influence of alcohol, drugs or other intoxicants and shall not have such materials in their possession. e. Personnel shall plan their activities to minimize the number of times they must enter and exit a facility, i.e., transport all equipment and materials needed for the day at the start of work and restrict all breaks to the absolute minimum.
f. Contractor employee(s) shall be well -disposed to the public and County staff utilizing the facilities but shall be responsive only to the requests of the County Site Coordinator unless otherwise directed and shall direct all inquiries or requests to the County Site Coordinator.

XI. PRODUCT LIST:

ITEM

NO ITEM DESCRIPTION MANUFACTURER

1. Nozzle, Brass Turbojet 1½”, swivel inlet, 60-95-125 Akron

2. Wrench, shutoff brass 1½”, swivel inlet x 1½” male Akron

3. Application, Coast Guard 1½ ” x 4’ long, 60° bend Akron

4. Application, Coast Guard 1½ ” x 10’ long, 90° bend Akron

5. Nozzle, Coast Guard CG-15, 1½” inlet Akron

6. Nozzle, Navy 4 AN, 1½”inlet Akron

7. Valve, Leader Live WYE, 2½” female inlet x two 1½” male outlet Akron

8. Wrench, Spanner and Hydrant Akron

9. Wrench, Hydrant Adjustable Akron

10. Hood, with Bib and Liner – Majestic PAC III PBI Flash Hood PAC III PBI

11. Gloves, ProTech Fusion Short Cuff, all sizes ProTech DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 274326
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ITEM

NO ITEM DESCRIPTION MANUFACTURER

12. Helmet, Yellow w/4” Face Shield Phenix

13. Boots, Shoe Fit Hellfire Rubber, all sizes Thorogood

14. Turnout Coat, Fire (PBI Max V-Force Tan) Size 44ch x35l x Rsl Lion/Janesville

15. Trouser, Fire (PBI Max V-Force Tan) Belted Turnout Pants Size 38R Lion/Janesville

16. Coat, Fire 7.5 oz., Yellow Nomex, Traditional 35” length Lion/Janesville

17. Pant, Fire 7.5 oz., Yellow Nomex, Traditional Lion/Janesville

18. 3% x 3% in a 5 Gallon Jug FireAde 2000

19. Red SCBA Mask Bag, Fleece Lined CMC

20. White 3” x 50’ Big 10 Double Jacket Fire Hose – all Polyester Rubber Lined with 2.5” Brass Rocker Lug Couplings
Key Fire

21. White 1.5” x 15’ Big 10 Double Jacket Fire Hose – all Polyester Rubber Lined with 1.5” Brass Rocker Lug Couplings
Key Fire

22. White 1.5” x 25’ Big 10 Double Jacket Fire Hose – all Polyester Rubber Lined with 1.5” Brass Rocker Lug Couplings
Key Fire

23. White 1.5” x 50’ Big 10 Double Jacket Fire Hose – all Polyester Rubber Lined with 1.5” Brass Rocker Lug Couplings
Key Fire

24. Carbon Fiber Cylinder and Valve Assembly – 45 Minutes – 4500 PSI Scott Safety

25. Personnel Fire Equipment Bags N/A
*All items are to be listed manufacturer or equivalent*

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ATTACHMENT B

PRICING AND COMPENSATION
I. COMPENSATION: This is a firm-fixed fee Contract between County and Contractor to provide Fire Equipment and Safety Gears as set forth in Attachment A, “Scope of Work.

The Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder. The Contractor shall only be compensated as set forth herein for work performed in accordance with the Scope of Work. The County shall have no obligation to pay any sum in excess of the Fixed Prices and Total Contract Amount specified herein unless authorized by amendment in accordance with Articles C and P of the County Contract Terms and Conditions, which may require approval by the County Board of Supervisors.

ITEM
NO. ITEM DESCRIPTION MANUFACTURER ITEM PRICE

1. Nozzle, Brass Turbojet 1½”, swivel inlet, 60-95-125 Akron $812.00

2. Wrench, shutoff brass 1½”, swivel inlet x 1½” male Akron $647.00

3. Application, Coast Guard 1½ ” x 4’ long, 60° bend Akron $317.50

4. Application, Coast Guard 1½ ” x 10’ long, 90° bend Akron $647.00

5. Nozzle, Coast Guard CG-15, 1½” inlet Akron $684.00

6. Nozzle, Navy 4 AN, 1½”inlet Akron $813.50

7. Valve, Leader Live WYE, 2½” female inlet x two 1½”
male outlet
Akron $707.70

8. Wrench, Spanner and Hydrant (Note: This item must be purchased in quantity of 4)
Akron $75.10

9. Wrench, Hydrant Adjustable (Note: This item must be
purchased in quantity of 4)
Akron $59.10

10. Hood, with Bib and Liner – Majestic PAC III PBI
Flash Hood
PAC III PBI $47.00

11. Gloves, ProTech Fusion Short Cuff, all sizes ProTech $76.00

12. Helmet, Yellow w/4” Face Shield Phenix $293.00

13. Boots, Shoe Fit Hellfire Rubber, all sizes Thorogood $168.70

14. Turnout Coat, Fire (PBI Max V-Force Tan) Size 44ch
x35l x Rsl
Lion/Janesville $2,050.00

15. Trouser, Fire (PBI Max V-Force Tan) Belted Turnout
Pants Size 38R
Lion/Janesville $1,210.00

16. Coat, Fire 7.5 oz., Yellow Nomex, Traditional 35”
length
Lion/Janesville $1,275.00

17. Pant, Fire 7.5 oz., Yellow Nomex, Traditional Lion/Janesville $820.00

18. 3% x 3% in a 5 Gallon Jug FireAde 2000 $235.00

19. Red SCBA Mask Bag, Fleece Lined CMC $40.00

20. White 3” x 50’ Big 10 Double Jacket Fire Hose – all Polyester Rubber Lined with 2.5” Brass Rocker Lug
Couplings

Key Fire $583.00
DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 276328
County of Orange, County Procurement Office Page 25 of 26 RCA-017-24010009 Fire Equipment and Safety Gears File No. 2399102 Allstar Fire Equipment Inc.

II. PRICING: County will pay the following fees in accordance with the provisions of this Contract.

Payment shall be as follows: *All items are to be listed manufacturer or equivalent* III. MISCELLANEOUS CLAUSE: Contractor shall provide a quote for items not listed under Attachment A.

Miscellaneous items not listed in the Contract, may be purchased off this Contract. Contractor will provide requesting department with quote and process order once the County department has authorized the order in writing.

Prices shall include all costs, but not limited to, overhead, all necessary labor, transportation, freight, delivery and/or shipping/handling fees, fuel/fuel surcharges, mileage, storage, self -imposed fees and any other costs necessary to provide the item/s requested. For any orders under $5,000.00, freight will be charged at a direct cost the County. Miscellaneous item purchases shall not exceed $5,000.00 per item including tax, except when ordering the same items multiple times. No single order shall exceed $25,000.00 including tax and all other costs.

In addition to the commodity requirements and all other terms and conditions provided herein, Contractor shall satisfy the following billing/invoicing procedures for miscellaneous items not named specifically in this attachment. Failure to follow these procedures fully may delay payment of miscellaneous items.

A. An authorized County Department staff member will contact the Contractor to obtain a written quote for any items needed that are not listed above or are of a different quantity than specified.

B. If the authorized County Department staff member finds the quote satisfactory, the authorized staff member will sign the quote and email or fax it back to the vendor authorizing the purchase.

The Contractor under no circumstance shall release or deliver any miscellaneous items without a written quote signed by an authorized County Department staff member, in their possession.

C. Contractor must attach with the invoice a copy of the matching quote with the authorized County Department staff member signature.

D. The agency/department shall certify on the invoice that the prices are per the signed quote.

IV. PRICE INCREASE/DECREASES: No price increases will be permitted during the first term/year of the Contract. The County requir es documented proof of cost increases on Contracts prior to any price adjustment. A minimum of 180 days advance notice in writing is required to secure such adjustment.

No retroactive price adjustments will be considered. All price decreases will automatically be extended to the County of Orange. The County may enforce, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain firm during the period of the Contract. Adjustments increasing the Contractor’s profit will not be allowed.

ITEM
NO. ITEM DESCRIPTION MANUFACTURER ITEM PRICE

21. White 1.5” x 15’ Big 10 Double Jacket Fire Hose – all Polyester Rubber Lined with 1.5” Brass Rocker Lug
Couplings
Key Fire $99.00

22. White 1.5” x 25’ Big 10 Double Jacket Fire Hose – all Polyester Rubber Lined with 1.5” Brass Rocker Lug
Couplings
Key Fire $120.00

23. White 1.5” x 50’ Big 10 Double Jacket Fire Hose – all Polyester Rubber Lined with 1.5” Brass Rocker Lug
Couplings
Key Fire $176.00

24. Carbon Fiber Cylinder and Valve Assembly – 45 Minutes – 4500 PSI
Scott Safety $1,385.95

25. Personnel Fire Equipment Bags N/A $65.00
DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 277329
County of Orange, County Procurement Office Page 26 of 26 RCA-017-24010009 Fire Equipment and Safety Gears File No. 2399102 Allstar Fire Equipment Inc.

V. FIRM DISCOUNT AND PRICING STRUCTURE: Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. Contractor agrees that no price increases shall be passed along to the County d u ring the term of this Contract not otherwise specified and provided for within this Contract.

VI. CONTRACTOR’S EXPENSE: The Contractor will be responsible for all costs related to photo copying, telephone communications and fax communications while on County sites during the performance of work and services under this Contract.

VII. PAYMENT TERMS: Invoices are to be submitted to the user agency/department to the ship-to address, unless otherwise directed in this Contract. Vendor shall reference Contract number on invoice.

Payment will be net 30 days after receipt of an invoice in a format acceptable to the County of Orange and verified and approved by the agency/department and subject to routine processing requirements.

The responsibility for providing an acceptable invoice rests with the Contractor.

Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse the County of Orange for any monies paid to the Contractor for goods or services not provided or when goods or services do not meet the Contract requirements.

Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.

VIII. PAYMENT – INVOICING INSTRUCTIONS: Contractor will provide an invoice on the Contractor’s letterhead for goods delivered and/or services rendered. In the case of goods, the Contractor will leave an invoice with each delivery. Each invoice will have a number and will include the following information:

A. Contractor’s name and address
B. Contractor’s remittance address, if different from 1 above C. Contractor’s Taxpayer ID Number
D. Name of County Agency/Department
E. Delivery/service address
F. Master Agreement (MA) or Purchase Order (PO) number
G. Agency/Department’s Account Number
H. Date of invoice
I. Product/service description, quantity, and prices
J. Sales tax, if applicable
K. Freight/delivery charges, if applicable
L. Total
Contractor shall issue and send invoices according to each Department Subordinate Agreement instructions/requirements of the Contract. Adjustments increasing the Contractor’s profit will not be allowed.

IX. ELECTRONIC FUNDS TRANSFER (EFT): County of Orange offers Contractors the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive an Electronic Remittance Advice with the payment details via e -mail. An e -mail address will need to be provided to the County of Orange via an EFT Authorization Form. To request an EFT form, please contact the DPA.

DocuSign Envelope ID: CDD916F9-E61D-4EBD-BB18-AD9C14D1B198 278330
Agenda Item
Orange City Council
Item #: 3.16. 7/28/2026 File #: 26-0315
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
Request to close the Orange Public Libraries for various dates during Fiscal Year 2026-2027

2. SUMMARY
Annually, the Orange Public Libraries are closed to the public to accommodate various events.

3. RECOMMENDED ACTION
Approve closure of the Orange Public Libraries to the public as described in the staff report.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
Fiscal Year 2026-2027 closure dates:
· September 4 - 5 - The Orange International Street Fair takes place over Labor Day weekend.

The Orange Public Library & History Center closes at 2:00 p.m. on Friday, September 4, and all day on Saturday, September 5. As the Library parking lot is used for fundraising, it is not feasible to remain open.
· November 25 - Due to limited public use, the Orange Public Library & History Center closes at 6:00 p.m. on the Wednesday evening prior to the Thanksgiving Day holiday. · May 1 - As its parking lot is inaccessible most of the day due to the Orange May Parade, the Orange Public Library & History Center receives limited public use, and nearby parking is a challenge for the public, volunteers, and staff. The Library closes all day on Saturday, May 1.

Notification of these closures will be communicated through usual methods of outreach including City of Orange Printed on 7/23/2026Page 1 of 2
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Item #: 3.16. 7/28/2026 File #: 26-0315
Notification of these closures will be communicated through usual methods of outreach including library signage, social media, and online calendars and announcements.

7. ATTACHMENTS
· None
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Agenda Item
Orange City Council
Item #: 3.16. 7/28/2026 File #: 26-0315
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
Request to close the Orange Public Libraries for various dates during Fiscal Year 2026-2027

2. SUMMARY
Annually, the Orange Public Libraries are closed to the public to accommodate various events.

3. RECOMMENDED ACTION
Approve closure of the Orange Public Libraries to the public as described in the staff report.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
Fiscal Year 2026-2027 closure dates:
· September 4 - 5 - The Orange International Street Fair takes place over Labor Day weekend.

Notification of these closures will be communicated through usual methods of outreach including City of Orange Printed on 7/23/2026Page 1 of 2
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Item #: 3.16. 7/28/2026 File #: 26-0315
Notification of these closures will be communicated through usual methods of outreach including library signage, social media, and online calendars and announcements.

7. ATTACHMENTS
· None
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Agenda Item
Orange City Council
Item #: 4.1. 7/28/2026 File #: 26-0407

1. SUBJECT
Consider removal of Adrienne Gladson from the Design Review Committee

2. SUMMARY
Orange Municipal Code Section 2.55.010 provides that members of City boards, commissions, and committees serve at the pleasure of the City Council. Unless otherwise provided by law, any member of a board, commission, or committee may be removed at any time, with or without cause, by a majority vote of all members of the City Council.

Ms. Gladson was appointed to the Design Review Committee by the City Council on November 12, 2024. Her current term expires on June 30, 2028.

At the request of Mayor Dan Slater, this matter has been placed on the agenda for City Council consideration. The purpose of this agenda item is to provide the City Council an opportunity to determine whether Ms. Gladson should continue serving on the Design Review Committee.

If the City Council determines that removal is appropriate, the position will become vacant immediately upon Council action. The vacancy will then be filled in accordance with the City's normal appointment process, including posting a Notice of Vacancy pursuant to Government Code Section 54974 (the Maddy Act). If the City Council does not approve the motion to remove, Ms. Gladson will continue serving the remainder of her appointed term, which expires June 30, 2028.

3. RECOMMENDED ACTION

1. Consider the removal of Adrienne Gladson from the Design Review Committee.

2. If necessary, direct the City Clerk to post a Notice of Vacancy pursuant to the Maddy Act.

4. ATTACHMENTS
· OMC 2.55.010 Removal of Members
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Agenda Item
Orange City Council
Item #: 4.1. 7/28/2026 File #: 26-0407

1. SUBJECT
Consider removal of Adrienne Gladson from the Design Review Committee

Ms. Gladson was appointed to the Design Review Committee by the City Council on November 12, 2024. Her current term expires on June 30, 2028.

3. RECOMMENDED ACTION

1. Consider the removal of Adrienne Gladson from the Design Review Committee.

2. If necessary, direct the City Clerk to post a Notice of Vacancy pursuant to the Maddy Act.

4. ATTACHMENTS
· OMC 2.55.010 Removal of Members
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A.

Title 2. Administration and Personnel
Chapter 2.55. BOARDS, COMMISSIONS AND
COMMITTEES—GENERAL PROVISIONS
§ 2.55.010. Removal of Members.

Members of boards, commissions and committees serve at the pleasure of the City Council. Unless otherwise provided for in law, any member of a board, commission or committee may be removed at any time, with or without cause, by a majority vote of all the members of the City Council.

Effective May 14, 2002, members of boards, commissions and committees may serve no more than 12 consecutive years on the board, commission or committee to which they are appointed. No member of a board, commission or committee who has served 12 consecutive years shall be eligible for reappointment to the same board, commission or committee prior to the passage of a two-year interval.
(Ord. 11-02)
Removal of Members. - City of Orange, CA
https://ecode360.com/print/OR5214?guid=43546203 1/1
285
Agenda Item
Orange City Council
Item #: 8.1. 7/28/2026 File #: 26-0446
TO: Honorable Mayor and Members of the City Council
FROM: Jarad Hildenbrand, City Manager

1. SUBJECT
Renaming of the Orange Public Library and History Center as Mayor Mark and Vikki Murphy Library and History Center

2. SUMMARY
The proposed Resolution renames the Orange Public Library & History Center as the Mayor Mark and Vikki Murphy Library & History Center in recognition of the extraordinary and lasting contributions of Mayor Mark Murphy and Vikki Murphy to the City of Orange.

3. RECOMMENDED ACTION
Adopt Resolution No. 11713. A Resolution of the City Council of the City of Orange renaming the Orange Public Library & History Center as the Mayor Mark and Vikki Murphy Library & History Center.

4. FISCAL IMPACT
Dependent upon City Council approval of the proposed renaming, staff will evaluate the total fiscal impact associated with implementing the change, including facility signage, rebranding, and related outreach. The total cost is currently unknown. Renaming the facility will require replacement of exterior and interior signage, updates to City records, websites, and other official materials. Once the scope of work has been determined, staff will return to the City Council with a request for appropriation and authorization to proceed.

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

6. DISCUSSION AND BACKGROUND
Mayor Mark Murphy and Vikki Murphy have dedicated their lives to serving the City of Orange through public leadership, civic engagement, philanthropy, and volunteerism.

Mayor Murphy served the City for more than three decades, first as a Planning Commissioner and later as a City Councilmember and Mayor. During his tenure, he was instrumental in advancing projects that strengthened the community, preserved Orange's unique character, expanded recreational opportunities, improved public safety, and supported economic vitality. Among the projects he strongly championed was the completion of the Orange Public Library & History Center, recognizing the importance of education, lifelong learning, local history, and community gathering spaces.

Vikki Murphy has similarly dedicated decades of service to Orange through leadership roles in numerous civic, educational, charitable, and business organizations. Her longstanding commitment City of Orange Printed on 7/23/2026Page 1 of 2
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numerous civic, educational, charitable, and business organizations. Her longstanding commitment to volunteerism and community service has positively impacted countless residents and strengthened many of the institutions that serve the City.

Together, Mayor Mark and Vikki Murphy have become synonymous with service to the Orange community. Their combined legacy of leadership, generosity, and civic commitment has helped shape the City for generations.

At the request of Councilmember Tavoularis, the proposed renaming of the Orange Public Library & History Center to the Mayor Mark and Vikki Murphy Library & History Center serves as a permanent recognition of their extraordinary contributions and ensures that future generations will remember their lasting impact on the City of Orange.

7. ATTACHMENTS
· Resolution No. 11713
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Agenda Item
Orange City Council
Item #: 8.1. 7/28/2026 File #: 26-0446
TO: Honorable Mayor and Members of the City Council
FROM: Jarad Hildenbrand, City Manager

1. SUBJECT
Renaming of the Orange Public Library and History Center as Mayor Mark and Vikki Murphy Library and History Center

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

6. DISCUSSION AND BACKGROUND
Mayor Mark Murphy and Vikki Murphy have dedicated their lives to serving the City of Orange through public leadership, civic engagement, philanthropy, and volunteerism.

Vikki Murphy has similarly dedicated decades of service to Orange through leadership roles in numerous civic, educational, charitable, and business organizations. Her longstanding commitment City of Orange Printed on 7/23/2026Page 1 of 2
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numerous civic, educational, charitable, and business organizations. Her longstanding commitment to volunteerism and community service has positively impacted countless residents and strengthened many of the institutions that serve the City.

7. ATTACHMENTS
· Resolution No. 11713
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RESOLUTION NO. 11713

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF ORANGE RENAMING

THE ORANGE PUBLIC LIBRARY &

HISTORY CENTER AS THE MAYOR MARK

AND VIKKI MURPHY LIBRARY &

HISTORY CENTER
WHEREAS, the Orange Public Library & History Center is a City-owned public library located at 407 East Chapman Avenue in the City of Orange; and WHEREAS, Mayor Mark A. Murphy was born at St. Joseph Hospital, graduated from Orange High School, and remained a proud lifelong resident of the City of Orange, dedicating more than three decades of public service to the community he loved until his passing in December 2024; and
WHEREAS, Mayor Murphy devoted more than thirty-four years of public service to the City of Orange, serving on the Planning Commission beginning in 1990 and on the City Council from 1993 until his passing in 2024, including service as Mayor in 2000, 2002, 2004, and from 2018 through 2022; and
WHEREAS, throughout his distinguished public service, Mayor Murphy championed projects that enhanced the quality of life in Orange, including the completion of the Orange Public Library & History Center, acquisition and development of Grijalva Park and Steve Ambriz Memorial Park, investments in public safety, preservation of the City's historic character, and initiatives that strengthened Orange's business community and economic vitality; and
WHEREAS, Mayor Murphy also represented the City of Orange with distinction on numerous regional boards and agencies, including the Orange County Transportation Authority, the Foothill/Eastern Transportation Corridor Agency, the North Net Training Joint Powers Authority, and the Orange County Sanitation District, advancing the City's interests throughout Orange County; and
WHEREAS, Vikki Murphy is a communications and public relations professional who has dedicated decades of leadership, volunteerism, philanthropy, and civic service to the City of Orange and the greater Orange County community; and
WHEREAS, for forty years, Vikki Murphy has been an integral part of the David Wilson Automotive Group while also serving numerous educational, charitable, civic, and business organizations, including the Orange Chamber of Commerce, the Assistance League of Orange, the Santiago Canyon College Foundation Board, Orangewood Children's Foundation, and many other organizations dedicated to improving the lives of Orange residents; and 290
2 WHEREAS, Vikki Murphy has been a passionate advocate for education, literacy, community engagement, and charitable service, and her contributions have strengthened countless organizations that enrich the cultural and civic life of the City of Orange; and WHEREAS, together, Mayor Mark Murphy and Vikki Murphy exemplified a lifetime of leadership, generosity, volunteerism, and unwavering commitment to the City of Orange, receiving numerous honors and recognitions, including the Community Legacy Award, for their extraordinary contributions to the community; and
WHEREAS, the City Council finds that Mayor Mark Murphy and Vikki Murphy have made extraordinary and lasting contributions to the City of Orange through their leadership, civic service, philanthropy, and dedication to the betterment of the community, and that renaming the Orange Public Library & History Center in their honor serves as a fitting and enduring tribute to their remarkable legacy.

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

SECTION I:

The Orange Public Library & History Center is hereby renamed the Mayor Mark and Vikki Murphy Library & History Center.

SECTION II:

The City Manager, or designee, is authorized and directed to take all actions necessary to implement this Resolution, including updating City signage, maps, records, publications, and other official materials to reflect the new name.

SECTION III.

This Resolution shall become effective immediately upon its adoption.

ADOPTED this ____ day of ____________________, 2026
Daniel R. Slater, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange
291
3 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 Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the ______ day of , 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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Agenda Item
Orange City Council
Item #: 9.1. 7/28/2026 File #: 26-0296
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
Introduction and First Reading of Ordinance No. 13-26 amending Chapter 12.48 of the Orange Municipal Code pertaining to a prohibition of smoking in City parks

2. SUMMARY
Proposed Ordinance No. 13-26 amends Chapter 12.48 of the Orange Municipal Code to prohibit smoking, vaping, and the use of tobacco products in all City-operated parks. The amendment is intended to promote public health, improve the recreational experience for park users, reduce tobacco-related litter and wildfire risk, and establish a clear, consistent, and enforceable standard throughout the City's park system. The proposed ordinance also aligns Orange with an increasing number of Orange County cities that have adopted similar smoke-free park regulations.

3. RECOMMENDED ACTION
Introduce and conduct First Reading of Ordinance No. 13-26. An Ordinance of the City Council of the City of Orange amending Chapter 12.48 of the Orange Municipal Code pertaining to parks to update sections related to smoking and vaping.

4. FISCAL IMPACT
None

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and Promote Quality of Life in the Community.

6. DISCUSSION AND BACKGROUND
At its February 10, 2026 meeting, the City Council directed staff to present the issue of smoking in City parks to the Park Planning and Community Events Commission for review and recommendation prior to returning to the Council with a proposed ordinance.

Orange Municipal Code Section 12.48.165(B), consistent with California law, currently prohibits smoking and vaping within 25 feet of playgrounds, recreational facilities, and youth sports activities.

Beyond these state-mandated restrictions, the City does not currently prohibit smoking in the remainder of its parks.

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The proposed ordinance expands these protections by establishing a consistent prohibition throughout all City-operated parks, regardless of the specific location or activity.

At the March 17, 2026 Commission meeting, the following options were presented:

1. Maintain Current Regulations (Status Quo)
Under this option, the City would continue to adhere to State law requirements without adopting additional local restrictions.

2. Designated Smoking Areas or Distance Requirements
Establish designated smoking areas within parks, increasing buffer distances from playgrounds, sports fields, picnic shelters, and other high-use areas or prohibit smoking in smaller parks.

3. Prohibit Smoking in All City Parks
Prohibit smoking, vaping, and use of tobacco products in all City operated parks, including open space, sports fields, and playgrounds.

Following discussion, the Commission voted 4-1 to recommend that the City Council prohibit smoking, vaping, and the use of tobacco products in all City-operated parks.

The proposed ordinance is also consistent with a growing number of Orange County jurisdictions that have adopted smoke-free park policies. According to the Orange County Tobacco Control Coalition's municipal tobacco control scorecard, many neighboring cities, including Buena Park, Costa Mesa, Cypress, Irvine, Laguna Beach, Santa Ana, Tustin, and others have adopted local ordinances restricting smoking in public parks and recreational areas. Adoption of Ordinance No. 13-26 would bring the City of Orange into closer alignment with these regional public health standards.

A uniform prohibition is also easier for park visitors to understand and for City staff to administer than regulations based on designated smoking areas or varying distance requirements. Establishing one consistent standard throughout all City-operated parks reduces ambiguity and improves voluntary compliance.

Ordinance No. 13-26 implements that recommendation by establishing a uniform prohibition applicable throughout the City's park system. The ordinance is intended to improve the health and safety of park visitors, reduce cigarette and vaping-related litter, minimize fire hazards, and enhance the overall recreational environment for residents and visitors.

If approved for First Reading, the ordinance will return to the City Council for Second Reading and adoption at a subsequent meeting and, if adopted, will become effective 30 days thereafter.

7. ATTACHMENTS
· Ordinance No. 13-26
· Ordinance No. 13-26 - Redline
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Agenda Item
Orange City Council
Item #: 9.1. 7/28/2026 File #: 26-0296
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
Introduction and First Reading of Ordinance No. 13-26 amending Chapter 12.48 of the Orange Municipal Code pertaining to a prohibition of smoking in City parks

4. FISCAL IMPACT
None

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and Promote Quality of Life in the Community.

Orange Municipal Code Section 12.48.165(B), consistent with California law, currently prohibits smoking and vaping within 25 feet of playgrounds, recreational facilities, and youth sports activities.

Beyond these state-mandated restrictions, the City does not currently prohibit smoking in the remainder of its parks.

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The proposed ordinance expands these protections by establishing a consistent prohibition throughout all City-operated parks, regardless of the specific location or activity.

At the March 17, 2026 Commission meeting, the following options were presented:

1. Maintain Current Regulations (Status Quo)
Under this option, the City would continue to adhere to State law requirements without adopting additional local restrictions.

3. Prohibit Smoking in All City Parks
Prohibit smoking, vaping, and use of tobacco products in all City operated parks, including open space, sports fields, and playgrounds.

Following discussion, the Commission voted 4-1 to recommend that the City Council prohibit smoking, vaping, and the use of tobacco products in all City-operated parks.

If approved for First Reading, the ordinance will return to the City Council for Second Reading and adoption at a subsequent meeting and, if adopted, will become effective 30 days thereafter.

7. ATTACHMENTS
· Ordinance No. 13-26
· Ordinance No. 13-26 - Redline
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ORDINANCE NO. 13-26

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 12.48

OF THE ORANGE MUNICIPAL CODE

PERTAINING TO PARKS TO UPDATE SECTIONS
RELATED TO SMOKING AND/VAPING.

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

SECTION I:

Section 12.48.015 of the Orange Municipal Code, “Streets, Sidewalks and Public Places – Park Ordinance -- Definitions,” is hereby amended to read as follows:

12.48.015 Definitions.

For purposes of this chapter, the following terms shall have the meanings as set forth herein unless the context in which they are used clearly indicates a contrary meaning:

"Alcoholic beverage" shall mean alcohol, spirits, liquor, wine, beer, and every liquid or solid containing one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

"Athletic facilities" shall mean those areas of a park designated for the purposes of athletic play on or at facilities such as, but not limited to sports courts and fields.

"Camping" means the use of public streets or public property for living accommodation or habitation purposes such as sleeping activities, or making preparations to sleep, including, but not limited to, the laying down of bedding for purposes of sleeping or using or storing personal belongings such as non-designated City cooking equipment, camping stoves, portable barbecues, sleeping bags, cots, beds, hammocks, extra clothing, or personal items when it reasonably appears, in light of all the circumstances, that the p articipants, in conducting these activities, are, in fact, using the public street or public property for living accommodation or habitation purposes.

"Department" shall mean the City of Orange Community Services Department.

"Director" shall mean the Director of the Department of Community Services or their designee.

“Electronic smoking device” means any device that delivers an aerosolized or vaporized substance to the user, including but not limited to, electronic cigarettes, vape pens, or similar devices.

297
2 "Food distribution to the public" means a temporary operation or undertaking by a person for the purpose of offering, distributing, or dispensing with or without charge therefor, food and/or beverages for consumption by the general public which uses the park or park facility for such activity. This activity shall not include any contract, lease, or other agreement for a concession or similar operation or enterprise approved by the Director or City Council.

"Park" means any public park or any portion thereof, including body of water, land, recreation, playground area, or any building thereon within the City of Orange owned and maintained by the City as a public park whether or not such has been formally dedicated for such purpose.

"Person" shall mean every person, firm, corporation, group of persons, or organization.

"Pollution" means the contamination or other alteration of the physical, chemical, or biological properties of park lands and/or waters.

“Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any plant product intended or inhalation, including cannabis.

SECTION II:

Section 12.48.120 of the Orange Municipal Code, “Streets, Sidewalks and Public Places – Park Ordinance – Rules and Regulations,” is hereby amended to read as follows:

12.48.120 Rules and Regulations.

The Director shall issue from time to time as they deem necessary, rules and regulations to implement the provisions of this chapter. Such rules and regulations shall have the force of law, to the extent consistent with this Chapter and applicable law, and failure to obey such rules shall be deemed a violation of the provisions of this chapter.

SECTION III:

Section 12.48.165 of the Orange Municipal Code, “Streets, Sidewalks and Public Places – Park Ordinance – Prohibited Activities,” is hereby amended to read as follows:

12.48.165 Prohibited Activities.

No person shall:

A. Skateboard in any Park except in the designated areas;

B. Smoke or vape in any Park including any trail within a park, open space, recreational facility, or parking area associated with a park. This prohibition includes the use of any lighted or heated tobacco, nicotine, or cannabis product, and the use of any electronic smoking device;

C. Gamble in any Park;
298
3 D. Use, sell or distribute any controlled substance in any Park, except as express authorized by state or federal law. Nothing in this section shall be interpreted to prohibit lawful possession of cannabis or prescription medications consistent with state law.

E. The smoking or vaping of cannabis is prohibited in all Parks pursuant to Subsection B.

SECTION IV:

SECTION V:

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

299
4 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 day of , 20 26, 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
300

ORDINANCE NO. 13-26

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 12.48

OF THE ORANGE MUNICIPAL CODE

PERTAINING TO PARKS TO UPDATE SECTIONS
RELATED TO SMOKING AND/VAPING.

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

SECTION I:

Section 12.48.015 of the Orange Municipal Code, “Streets, Sidewalks and Public Places – Park Ordinance -- Definitions,” is hereby amended to read as follows:

12.48.015 Definitions.

For purposes of this chapter, the following terms shall have the meanings as set forth herein unless the context in which they are used clearly indicates a contrary meaning:

"Athletic facilities" shall mean those areas of a park designated for the purposes of athletic play on or at facilities such as, but not limited to sports courts and fields.

"Department" shall mean the City of Orange Community Services Department.

"Director" shall mean the Director of the Department of Community Services or their designee.

“Electronic smoking device” means any device that delivers an aerosolized or vaporized substance to the user, including but not limited to, electronic cigarettes, vape pens, or similar devices.

301
2 "Food distribution to the public" means a temporary operation or undertaking by a person for the purpose of offering, distributing, or dispensing with or without charge therefor, food and/or beverages for consumption by the general public which uses the park or park facility for such activity. This activity shall not include any contract, lease, or other agreement for a concession or similar operation or enterprise approved by the Director or City Council.

"Person" shall mean every person, firm, corporation, group of persons, or organization.

"Pollution" means the contamination or other alteration of the physical, chemical, or biological properties of park lands and/or waters.

“Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any plant product intended or inhalation, including cannabis.

SECTION II:

Section 12.48.120 of the Orange Municipal Code, “Streets, Sidewalks and Public Places – Park Ordinance – Rules and Regulations,” is hereby amended to read as follows:

12.48.120 Rules and Regulations.

The Director shall issue from time to time as they deem necessary, rules and regulations to implement the provisions of this chapter. Such rules and regulations shall have the force of law, to the extent consistent with this Chapter and applicable law, and failure to obey such rules same shall be deemed a violation of the provisions of this chapter.

SECTION III:

Section 12.48.165 of the Orange Municipal Code, “Streets, Sidewalks and Public Places – Park Ordinance – Prohibited Activities,” is hereby amended to read as follows:

12.48.165 Prohibited Activities.

No person shall:

A. Skateboard in any Park except in the designated areas;

B. Smoke or vape in any Park within 25 feet of a playground, facility, or youth activity including any trail within a park , open space, recreational facility, or parking area associated with a park. This prohibition includes the use of any lighted or heated tobacco, nicotine, or cannabis product, and the use of any electronic smoking device;

302
3 C. Gamble in any Park;

D. Use, sell or possess distribute any drug controlled substance in any Park, including but not limited to marijuana/cannabis, cocaine, methamphetamine, heroin, LSD, ecstasy, ketamine, fentanyl and/or prescription painkillers which are not associated with a valid prescription for use/possession by the individual. except as express authorized by state or federal law.

Nothing in this section shall be interpreted to prohibit lawful possession of cannabis or prescription medications consistent with state law.

E. The smoking or vaping of cannabis is prohibited in all Parks pursuant to Subsection B.

SECTION IV:

SECTION V:

ADOPTED this ____ day of ___________________, 2026.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

303
4 Nathalie Adourian, City Attorney,
City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
304
County of Orange, County Procurement Office Page 1 of 26 RCA-017-24010009 Fire Equipment and Safety Gears File No. 2399102 Allstar Fire Equipment Inc.