Agenda packet — Santa Maria City Council, August 4, 2026 (part 7 of 8)

Sales Proposal
City of Santa Maria
Recreation and Parks
Dennis Smitherman
110ECook St
Rm #6
Santa Maria, CA 93454
Project Name US352151 Santa Maria Senior Center Fitness No. Description
Quote No. SP168298-9
Customer No. C025066
Document Date 06/24/2026
Expiration Date 08/23/2026
Sales Representative Cass Robertson
Email [email protected]
Qty Unit Unit Price Discount % Net Price
FAZ60700-0002
FSW40101-0001
FS W24601-0903
•
Sourcewell 101625

EQUIPMENT
Lower Back Bench - Night Sky Blue Surface
Mounted
Concrete Slab Requirement 5,5" 9sf (2.5'x3.6')
Total CO, Emission 482,8 LB (482.8 LB/Pieces)

CHEST PRESS - ORANGE

SURFACE
Total CO, Emission 2,807A LB (2,807.4 LB/Pieces)

BIKE - WHITE

IN -GROUND
Total CO, Emission 1,405.7 LB (1,405.7 LB/Pieces)
FSW23901-0903 CROSS TRAINER - WHITE

IN -GROUND
Total CO, Emission 1,6229 LB (1,622.9 LB/Pieces)
FS W24001-0903

ARM BIKE - WHITE

IN -GROUND
Total CO, Emission 962.7 LB (962.7 LB/Pieces)
1 Pieces
1 Pieces
1 Pieces
1 Pieces
1 Pieces
2,890.00 16.00 2,427.60
9,590.00 16.00 8,055.60
6p10.00 16.00 5,384A0
7,580.00 16.00 6,367.20
5,650.00 16.00 4,746.00
Kompan California, Inc. 122431 Antonio Parkway, Ste B160-426 I Rancho Santa Margarita, CA 92688 I USA I Phone No. 1-800-426-9788 E -Mail [email protected] I www.KOMPAN.us
SWIFT Code NDEAUS3N (Nordea Bank, NY I Bank Account No. USD 414 316 3001 I Routing No. 026010786) Draft - Sourcewell Purchase and Installation Agreement

KOMPAN
Let's play

Page 2 of 7 ends

Sales Proposal
City of Santa Maria
Recreation and Parks
Dennis Smitherman
110 E. Cook St
Rm #6
Santa Maria, CA 93454
Project Name
No.

US352151 Santa Maria Senior Center Fitness
Description
Quote No. 5P168298 9
Customer No. C025066
Document Date 06/24/2026
Expiration Date 08/23/2026
Sales Representative Cass Robertson
Email [email protected]
Qty Unit Unit Price Discount % Net Price
FSW 24101-09 0 3
FSW40401-0001
FSW40201-0001
FSW 40301-0001
FAZ60300-0001
FAZ20401-0901

RECUMBENT BIKE - WHITE

IN -GROUND
Total CO, Emission 1,620.0 LB (1,620.0 LB/Pieces)

PULL DOWN - ORANGE

SURFACE
Total CO, Emission 3,078.3 LB (3,078.3 LB/Pieces)

HORIZONTAL ROW - ORANGE

SURFACE
Total CO2 Emission 2,812.8 LB (2,812.8 LB/Pieces)

SHOULDER PRESS - ORANGE

SURFACE
Total CO2 Emission 3,075.6 LB (3,075.6 LB/Pieces)
Leg Press - Orange Surface Mounted
Concrete Slab Requirement 55' 34sf
Total CO, Emission 6,449.0 LB (6,449.0 LB/Pieces)
Susp, Trainer/Mag Bells/Core Twist - Anthracite
In -ground 90cm
Total CO, Emission 8,633.7 LB (8,633.7 LB/Pieces)
A380544-99 Safety Sign for FSW/FAZ
1 Pieces
1 Pieces
1 Pieces.
1 Pieces
1 Pieces
1 Pieces
7 Pieces
6,860.00 15.00 5,831.00
9,590:00 15.00 8,151.50
9,590.00 15.00 8,151.50
9,590.00 15.00 8,151.50
21, 500.00 15.00 18, 27 5.00
66,800.00 15.00 56,780.00

5.09 100.00
Kompan California, Inc. 122431 Antonio Parkway, Ste B160-426 Rancho Santa Margarita, CA 92688 { USA I Phone No. 1-800-426-9788 E -Mail [email protected] I www.KOMPAN.us
SWIFT Code NDEAUS3N (Nordea Bank, NY I Bank Account No. USD 414 318 3001 I Routing No. 026010786) Draft - Sourcewell Purchase and Installation Agreement

KO II
AN Fr
Lets play

Page 3 of 7 ends

Sales Proposal
City of Santa Maria
Recreation and Parks
Dennis Smitherman
110 E. Cook St
Rm #6
Santa Maria, CA 93454
Project Name
Na.

US352151 Santa Maria Senior Center Fitness
Description
Quote No. SP168298-9
Customer No. C025066
Document Date 06/24/2026
Expiration Date 08/23/2026
Sales Representative Cass Robertson
Email [email protected]
Qty Unit Unit Price Discount % Net Price
A775958-9914 Safety Sign
Total CO2 Emission 1.9 LB (1.9 LB/Pieces)
INSTALL SPECIAL Installation of KOMPAN Equipment -Prevailing Wage

INSTALLATION OF KOMPAN EQUIPMENT

PROVIDE INSTALLATION FOR KOMPAN FITNESS
EQUIPMENT;
(1) SHOULDER PRESS FSW40301 - SURFACE

MOUNTED
(1) BALANCE STATION FSW227 - INGROUND

MOUNTED
(1) HORIZONTAL ROW FSW40201 - SURFACE

MOUNTED
(1) CROSS TRAINING PRO COMBI 3 FAZ20401 -

INGROUND MOUNTED
(1) PULL DOWN FSW40401 - SURFACE MOUNTED
(1) CHEST PRESS FSW40101 - SURFACE MOUNTED
(1) LOWER BACK BENCH PRO FAZ607 - SURFACE

MOUNTED
(1) CROSS TRAINER FSW23901 - INGROUND

MOUNTED
(1) LEG PRESS PRO FAZ603 - SURFACE MOUNTED
(1) BIKE FSW24601 - SURFACE MOUNTED
(1) ARM BIKE FSW24001 - INGROUND MOUNTED
(1) RECUMBENT BIKE FSW24101 - INGROUND

MOUNTED

FREIGHT

FREIGHT
Freight

SURFACING
1 Pieces
1 Pieces
1 Pieces

16.70 100.00
50535.71 4.00 48,514.28
2Q252.55 20,252.55
Kompan California, Inc. 122431 Antonio Parkway, Ste B160-426 J Rancho Santa Margarita, CA 92688 I USA I Phone No. 1-800-426-9788 E -Mail [email protected] I www.KOMPAN.us
SWIFT Code NDEAUS3N (Nordea Bank, NY I Bank Account No. USD 414 318 3001 I Routing No. 026010786) Draft - Sourcewell Purchase and Installation Agreement

KOMPANr
Let's play

Page 4 of 7 ends

Sales Proposal
City of Santa Maria
Recreation and Parks
Dennis Smitherman
110 E. Cook St
Rm 46
Santa Maria, CA 93454
Project Name U5352151 Santa Maria Senior Center Fitness No. Description
Quote No. SP168298-9
Customer No. C025066
Document Date 06/24/2026
Expiration Date 08/23/2026
Sales Representative Cass Robertson
Email [email protected]
Qty Unit Unit Price Discount % Net Price
US -PIP -50 -50 -
CUSTOM

US -CUSTOM -

SUBBASE
US-

CONCRETEWORK

US-ENGSTAMP-
D RW-3
Supply and Install 50/50 PIP -Prevailing Wage
Blue/Black-Aromatic Binder

POURED IN PLACE RUBBER SURFACING
PROVIDE AND INSTALL 2" OF PIP AS PER 4' FALL
HEIGHT REQUIREMENT;
50% BLUE AND 50% BLACK WITH AROMATIC
BINDER;

INCLUDES ALL LABOR, MATERIALS AND FREIGHT
**INCLUDES 188SF OF 6" PIP + 4" PIP AND 2" OF

CRUSHED STONE FOR BALANCE STATION
IN CIRCLE ONLY**
Crushed Stone
PROVIDE AND INSTALL 4" OF CLASS 2 BASE;
APPROX. 49 TONS;

INCLUDES ALL LABOR, MATERIALS AND FREIGHT
Concrete Work as per project requirements

CONCRETE AND EXCAVATION
PROVIDE AND INSTALL (7) CONCRETE PADS;
(3) 6'X5'X6"
(1) B'X5'X6"
(1) 5'X7'X6"
(1)11"X7'X6"
(1) 3'X5'X6"

PADS TO BE INSTALLED FOR ALL SURFACE
MOUNTED EQUIPMENT;
ALL PADS TO aE EXCAVATED, FORMED AND
POURED;

INCLUDES ALL LABOR, MATERIALS AND FREIGHT
**QUOTE INCLUDES STATE PREVAILING WAGES*
ESD's+P&P Bond
Engineered Stamped Drawings 12 pieces
EXTRAS Payment and Performance Bond
2,800 Sq. Feet
2,800 Sq. Feet
1 Pieces
1 Pieces
1 Pieces

22.94 10.00 57,808.80

6.65 10.00 16,758.00
28,461.54 10.00 25,61539
4,500.00 4500,00
8420.35 8,420.35
Kompan California, Inc. 122431 Antonio Parkway, Ste 8160-426 I Rancho Santa Margarita, CA 92688 I USA I Phone No. 1-800-426-9788 E -Mail [email protected] I www.KOMPAN.us
SWIFT Code NDEAUS3N (Nordea Bank, NY I Bank Account No. USD 414 318 3001 I Routing No. 026010786) Draft - Sourcewell Purchase and Installation Agreement

KOMPANr
Let's play

Page 5 ends

Excludes sitework, products, & services not listed.

Assumes site to be accessible & install ready.

Please allow 34 to 36 weeks for product delivery
upon order placement.

Pricing valid with an approved Kompan Site Plan
Business Agreement Sourcewell 101625-KPN
Payment Terms 50% Prepayment , 50% Net 30 days
Installation Site Address
Santa Maria Senior Center
510 east park avenue
Santa Maria, CA 93454
Description Qty Retail Price Discount Net Price
No. of Products
Subtotal - Products
Subtotal - Sitework
Subtotal - Surfacing
Subtotal - Installation
Subtotal - Freight
Total USD Excl. Tax
Estimated Tax rate
.19
156,102.33
28,461 54
82,852.00
55,035.71
20,252.55
23, 781.03
2,846.15
8,285.20
2,021.43
132,321.30
25,61539
74,566.80
53,01428
20,252.55
314,190.67
21,474.59
Total USD Incl. Tax 335,665.26
Kompan California, Inc. 122431 Antonio Parkway, Ste 8160-426 I Rancho Santa Margarita, CA 926881 USA I Phone No. 1-800-426-9788 E -Mail [email protected] I www.KOMPAN.us
SWIFT Code NDEAUS3N (Nordea Bank, NY I Bank Account No. USD 414 318 3001 I Routing No. 026010786) Draft - Sourcewell Purchase and Installation Agreement

KOMPANr
Let's play

Page 6 of 7 ends

Sales Proposal
City of Santa Maria
Recreation and Parks
Dennis Smitherman
110 E. Cook St
Rm #6
Santa Maria, CA 93454
Project Name U5352151 Santa Maria Senior Center Fitness Quote No. SP168298-9
Customer No. C025066
Document Date 06124/2026
Expiration Date 08/23/2026
Sales Representative Cass Robertson
Email [email protected]
Note that the color and texture of products and surfacing made with recycled content are subjected by the differences from the used recycled raw materials. Therefore, minor differences in the appearance and texture can occur.

Applicable sales tax will be added unless a valid tax exemption certificate is provided. This amount is only an estimate of your tax liability.

Your acceptance of this proposal constitutes a valid order request and includes acceptance of terms and conditions contained within this Master Agreement, which is hereby acknowledged.

Acceptance of this proposal from KOMPAN is acknowledged by issuance of an order confirmation by an authorized KOMPAN representative.

Prices in this quotation are good until expiration date, shown in the top of this document. After that date, this proposal may be withdrawn.

Prevailing Wage and Payment & Performance Bonds are not included unless stated in body of Sales Proposal. If Payment & Performance Bonds are needed, add 2.2% of the entire sales proposal.

This information required for order placement:

Accepted By (Please Print):

Accepted By (Title):

Accepted By (signature):

Date:

Date Equipment needed on site:

BiII To: Ship To:

Address: Address:

City, State, Zip: City, State, Zip:

Contact: Contact:

Contact Email: Contact Email-
Contact Phone (Office): Contact Phone (Office):

Contact Phone (Cell):

SALES TAX EXEMPTION CERTIFICATE #:
(PLEASE PROVIDE A COPY OF CERTIFICATE)
Kompan California, Inc. 122431 Antonio Parkway, Ste 8160-426 I Rancho Santa Margarita, CA 926881 USA I Phone No. 1-800-426-9788 E -Mail [email protected] I www.KOMPAN.us
SWIFT Code NDEAUS3N (Nordea Bank, NY I Bank Account No. USD 414 318 3001 I Routing No. 026010786) Draft - Sourcewell Purchase and Installation Agreement

Draft - Sourcewell Purchase and Installation Agreement

COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Ramon Galo, Recreation and Parks Director
DATE: August 4, 2026
SUBJECT: Adoption of Resolutions Approving Annexation and Assessment of Parcels into City Landscape Maintenance Districts
Description:

The City Council will consider adopting Resolutions approving the annexation of eight developed properties into the City's Northeast, Northwest, and Southwest Landscape Maintenance Districts and authorizing the levy of annual assessments to fund ongoing landscape maintenance for those properties.

RECOMMENDATION:

1. Adopt Resolution annexing and authorizing the assessment of landscape maintenance fees to Chavez Residential and AGS Recycling located in the Northwest Landscape Maintenance District (Streets and Highways Code Section 22500, et seq.); and

2. Adopt Resolution annexing and authorizing the assessment of landscape maintenance fees to Dudley Hoffman Mortuary and Fire Crab, in the Northeast Landscape Maintenance District (Streets and Highways Code Section 22500, et seq.); and

3. Adopt Resolution annexing and authorizing the assessment of landscape maintenance fees to West Stowell Distribution Facility, Arrow Tract, Avante Apartments, and Blosser Ranch located in the Southwest Landscape Maintenance District (Streets and Highways Code Section 22500, et seq.).

BACKGROUND:

The City of Santa Maria has conditioned Dudley Hoffman Mortuary, PD2023-0020 & U2023-0020; Fire Crab, DT2019-0002; Chavez Residential, DT2024-0007; AGS Recycling, U2025-0015; West Stowell Distribution Facility, PD2024-0003; Arrow Tract, TR2022-0001; Avante Apartments, PD2021-0013 and Blosser Ranch, TR2019-0003 for the ongoing maintenance of landscape facilities served by the Northeast, Northwest, and Southwest Landscape Maintenance Districts under the provision of the "Landscape and Lighting Act of 1972" for the purpose of levying and collecting assessments for perpetual landscape maintenance.

DISCUSSION:

At the City Council meeting of June 3rd, 2025, the City Council adopted a Resolution initiating the proceedings to establish and levy the 2025-26 Landscape Maintenance District Assessments for the ongoing maintenance of landscape facilities served by the Northeast, Northwest, and Southwest Landscape Maintenance District.

This item directs staff to add these assessments for Bellecrest Senior Residences & Holiday Inn to the Northeast, Heritage Walk Lofts to the Northwest, and Starbucks Drive - Through to the Southwest Landscape Maintenance Districts on the County of Santa Barbara Property Tax Roll.

Fiscal Considerations
The annual costs of landscape maintenance are assessed against the benefited properties within said Districts. These assessments are reflective of the cost associated with the upkeep of public landscaping within these Districts.

Impact on the Community
These annexations and assessments provide for the maintenance of landscaping in perpetuity. The assessments generate a funding base to help finance the majority of the landscape maintenance costs within each of the respective districts named in this report, which in turn allows the City of Santa Maria to provide the highest level of service to residents.

ATTACHMENT(S)
A. Resolution- Northwest Annexation
Exhibit A to the Resolution: Petition & Vicinity Map
B. Resolution- Northeast Annexation
Exhibit A to the Resolution: Petition & Vicinity Map
C. Resolution- Southwest Annexation
Exhibit A to the Resolution: Petition & Vicinity Map
D. Northeast District Map
E. Northwest District Map
F. Southwest District Map
2 Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, ANNEXING AND AUTHORIZING THE

ASSESSMENT OF LANDSCAPE MAINTENANCE FEES TO CHAVEZ

RESIDENTIAL AND AGS RECYCLING LOCATED IN THE

NORTHWEST LANDSCAPE MAINTENANCE DISTRICT (STREETS
AND HIGHWAYS CODE SECTION 22500, ET SEQ.)
WHEREAS, on December 20, 1988, the City Council of the City of Santa Maria, pursuant to the provisions of the Landscaping and Lighting Act of 1972 by Resolution No. 88-154, authorized the formation of the Northwest Landscape Maintenance District ("District"); and
WHEREAS, the cost to developers/owners of the new residential or commercial property occurring within said District are determined based on the costs of providing services and building sufficient reserves to meet future costs; and WHEREAS, a Petition Requesting Annexation into the Northwest Landscape Maintenance District was signed by the owner(s) of the following Properties and the associated Assessor's Parcel Number is provided to identify the Properties as follows:

Chavez Residential,
AGS Recycling,
DT2024-0007
U2025-0015
APN 119-273-003
APN 123-012-022
WHEREAS, pursuant to law, the owner(s) waived the right to protest, reports, and to any notice and hearing to which s/he may be entitled; and WHEREAS, the petition operates as a ballot in favor of the annexation of the Properties in said District; and
WHEREAS, at the City Council meeting of June 3rd, 2025, the City Council adopted a resolution initiating the proceedings to levy an assessment to the Properties within the District; and
WHEREAS, it is the intention of the City Council of the City of Santa Maria to annex the Properties into the District and collect assessments according to the provisions of the Petition and District.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. That the above recitals are true and correct; and

SECTION 2. The Petition requesting annexation and their associated vicinity maps for annexation of the Properties into the District are confirmed and attached hereto as Exhibit A; and
SECTION 3. The Properties are ordered annexed and made part of the District according to the terms and conditions in the Petition and District; and SECTION 4. It is hereby ordered that the Properties be assessed as part of the District, with the assessment to be annually updated and adjusted according to the Consumer Price Index; and
SECTION 5. Staff is authorized and directed to take all necessary steps to complete these proceedings and collect the assessment; and SECTION 6. The assessment for the 2026-2027 Fiscal Year for the following Properties shall be $177.88 for residential and $569.22 for commercial per APN or tenant space:

Chavez Residential,
AGS Recycling,
DT2024-0007 APN 119-273-003
U2025-0015 APN 123-012-022
SECTION 7. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, held this 4th day of August 2026.

ATTEST: Mayor
Chief Deputy City Clerk
Exhibit A: Petition & Vicinity Map
2 APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

PETITION REQUESTING ANNEXATION INTO

CITY OF SANTA MARIA NORTHWEST

LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
Summary Proceedings to Establish Annexation
Following 100% Property Owner Petition
WHEREAS, on December 20, 1988, the City Council of City adopted Resolution No. 88-154 confirming the creation of the Northwest Landscape Maintenance District (hereinafter "Assessment District") based upon the approved Engineer's Report; and WHEREAS, the undersigned owner(s) of the real property located in the City of Santa Maria, County of Santa Barbara, State of California commonly known as Assessor Parcel Number (hereinafter "APN") 119-273-003 has applied to City of Santa Maria (hereinafter "City") for approval of the project known as Chavez Residential (hereinafter "Project Property") and located in the Assessment District as described in the Attachment "A" attached hereto and by this reference incorporated herein; and WHEREAS, a Downtown Permit DT2024-0007 was granted, approving the Project Property. The Downtown Permit imposed a condition requiring the owner(s) of the Project Property to be annexed into the Assessment District by completing a Petition Requesting Annexation into City of Santa Maria Landscape and Lighting Assessment District (hereinafter "Petition") for the maintenance of certain common landscaping; and WHEREAS, the undersigned owner(s) hereby request(s) the City Council of the City to annex the Project Property into the Assessment District to provide a means for funding the annual cost of maintaining certain public improvements which are of special benefit to the Project Property, and each and every parcel or lot within the Assessment District; and
WHEREAS, on June 04th, 2024, the City Council of City adopted Resolution No. 2024-81 authorizing the levying of the assessments for fiscal year 2024-2025 for the Assessment District based upon a revised Engineer's Report adopted by said resolution; and
WHEREAS, such annexation into Assessment District would result in an annual assessment being levied against the Project Property in an amount sufficient to fund the maintenance of such public improvements; and
WHEREAS, the undersigned owner(s) agree(s) to the imposition of assessments for the Project Property, and its inclusion in, the Assessment District as hereinafter provided; and

WHEREAS, the undersigned owner(s) waive(s) the right to have the annexation initiated, conducted, and completed pursuant to the procedures set forth in Streets & Highways Code Sections 22585 et seq. and/or Section 4 of Article XII of the California Constitution for the formation of assessment districts; and specifically waive(s) its/their right for the resolutions, report, notices of hearing, and right of majority protest provided for in said procedures.

NOW, THEREFORE, by this Petition, the undersigned owner(s) request(s) the City Council of the City to annex the Project Property into an Assessment District for the purpose of levying an annual assessment against the Property and each lot or parcel therein in the amount, for that purpose, and subject to the terms and conditions set forth herein.

1. Purpose of the Annual Assessment. The annual assessment to be levied against the Project Property and each lot or parcel to be created therein shall be used exclusively for the purpose of funding the annual costs of maintaining public improvements described hereto in the Attachment "B" (hereinafter "Description of Work"). The undersigned owner(s) agree(s) that such public improvements, and the operation and maintenance of the same, are of special benefit to the Project Property and each lot or parcel to be created therein. The undersigned owner(s) acknowledge(s) that said Description of Work is part of the Engineer's Report attached to the above -referenced Resolution No. 2024-81, and is hereby incorporated herein by this reference.

3. CPI Ad.ustment in the Amount of the Annual Assessment. Commencing with the first City fiscal year in which an assessment is levied against the Project Property to fund operation and maintenance of the Assessment District improvements, and in each fiscal year thereafter that the Assessment District remains in effect, the annual assessment to be levied against the Project Property shall be increased in an amount necessary to reflect the increase in the cost of operating and maintaining the Assessment District Improvements due to inflation. The determination of whether there has been an increase in the cost of operating and maintaining the Assessment District improvements and the amount of the increase in the annual assessment, which is proportional to the increase in such costs, shall be based exclusively on the percentage increase in the consumer price index published by the Federal Bureau of Labor Statistics for all Urban Consumers — U.S. Cities Average (all items) or any other measure employed by the Federal Bureau of Labor Statistics in lieu of such consumer price index that measures the cost of living in U.S. cities. The undersigned owner(s) agree(s) that the foregoing consumer price index most accurately reflects the likely annual increase in the cost

of operating and maintaining the Assessment District improvements due to inflationary factors.

4. Credits against the Annual Assessment. If, in any fiscal year in which an assessment is levied against the Project Property to operate and maintain the Description of Work, the amount of such assessment is greater than the actual cost of operating and maintaining the Description of Work, the difference between the assessment and the actual cost of operating and maintaining the Description of Work shall be credited against the assessment levied against the Project Property during the next succeeding fiscal year. As a result, the assessment levied against the Project Property during such next succeeding fiscal year will be reduced during that fiscal year, and that fiscal year only, by an amount equal to the amount of such credit.

5. Apportionment of Annual Assessments among Subdivision Lots, Parcels or Tenant Spaces. At such time as the Project Property is subdivided into lots, parcels and/or tenant spaces by reason of recordation of a final subdivision map or final parcel map, the assessment to be levied against the lots, parcels and/or tenant spaces shall be apportioned among the resulting lots, tenant spaces or parcels in accordance with the Engineer's Report for the fiscal year in which the lots, parcels and/or tenant spaces were subdivided and recorded by a final subdivision map or final parcel map. The undersigned owner(s) agree(s) that the net amount assessed in the Engineer's Report fairly distributes the net amount among all assessable lots, parcels and/or tenant spaces in proportion to the estimated benefits received by each such lot, parcel, and/or tenant space from the improvements described in Attachment B. The amount of the assessments shall be in accordance with the original Resolution (88-154) which provided for annual increases based upon the consumer price index referenced in paragraph 4 above.

7. Waiver of Notice and Assessment District Protest Hearing. For purposes of annexation, under this Petition, and for no other purpose, the undersigned owner(s) hereby agree(s) to waive and forego the protest hearing (and notice of the date, time, and place of any protest hearing) on the Assessment District or the annexation of the Project Property into Assessment District, including, but not limited to, any such hearing or notice provided for by provisions of Streets & Highways Code Sections 22585 et seq., Government Code Sections 53750 et seq. and/or Section 4 of Article XIII C of the California Constitution.

8. Ballot in Favor of Assessment District. The undersigned owner(s) execute(s) this Petition both as the Petition for annexation into Assessment District, and as the ballot in favor of such Assessment District. In addition, the undersigned owner(s) hereby authorize(s) the Chief Deputy City Clerk to file this Petition as the undersigned owner(s') ballot in favor of the Assessment District and the

annexation of the Project Property into Assessment District by recording a City Council resolution with the undersigned owner'(s') Petition attached thereto accepting said Petition of annexation into the Assessment District.

9. Proposition 218. The Project Property is/are subject to the provisions of Proposition 218.

10. Termination of Landscape Maintenance District. In the event the Assessment District operations cease through legislative or legal action, the undersigned owner(s) shall cooperate with the City to establish another funding mechanism to provide the landscaping maintenance contemplated by this Petition. In the event the undersigned owner(s) and City cannot establish such a mechanism as a result of legislative or legal action, the properties that front on the landscaping to be maintained shall be responsible for said maintenance at their sole cost and expense.

IN WITNESS WHEREOF, the undersigned owner(s) has/have executed this Petition at the City of Santa Maria, California, this '1 day of 7-u 202 .

Name: ��l no C 64.0 -
Title: Ci vJ r/+ (Z
(SIGN BEFORE NOTARY PUBLIC)

CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California 11 4It?County of y7R' Y
on dtz/if7/76-8
Date
personally appeared
before me,
}
67,r1 ? '4',77CheZ,
Here Insert Name and Title of the Office
4in
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( whose name to the within instrument and acknowled.ed to me tha e .he/they executed the same in authorized capacity(≤, and that by -r/their signature on the instrument the person upon behalf of which the perso
acted, executed the instrument.

MARIA Z. SANCHEZ
COMM. #2442251
Notary Public
California

SANTA BARBARA COUNTY
My Comm Expires April 22, 2027
Place Notary Seal and/or Stamp Above
re subscribed
r/their
or the entity
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature

OPTIONAL
Signat , e , f Notary Pu
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: P#1 re
ftiorlith Wetne Mna5csrp e 4 1
Document Date:

Signer(s) Other Than Named Above:
rti it ef» iey.a7rorr tiJ � 17
at*
5e5meali' Dr`+ 'NmberofPages: ti�0
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
VIndividual
❑ Trustee
❑ Other:
❑ Attorney in Fact
❑ Guardian or Conservator
Signer is Representing:

Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee o Guardian or Conservator
❑ Other:

Signer is Representing:
©2018 National Notary Association

ATTACHMENT A

VICINITY MAP
Chavez Residential
DT2024-0007
APN 119-273-003
$177.88 PER APN OR TENANT SPACE

FUNDING ANNUAL COST OF MAINTAINING PUBLIC IMPROVEMENTS
The improvements to be maintained in this Assessment District include all medians, roundabouts, parkways and/or street trees in the public right-of-way of residential areas, landscaped storm water retardation basins within residential subdivisions, landscaped medians or roundabouts in the public right-of-way within commercial areas, easements, street trees and graffiti removal.

Landscape maintenance shall include, but not be limited to, watering, fertilizing, mowing, weed control, shrubbery, tree removal and pruning, removal and replacement of dead growth, maintenance of irrigation facilities, and other necessary work. Reference is made to the plans and specifications currently on file at the City Engineer's office relating to the design, recommended materials and level of maintenance concerning the facilities to be maintained. The plans also show plant species, size and their locations.

ATTACHMENT B
Chavez Residential
DT2024-0007

PETITION REQUESTING ANNEXATION INTO

CITY OF SANTA MARIA NORTHWEST

LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
Summary Proceedings to Establish Annexation
Following 100% Property Owner Petition
WHEREAS, on December 20, 1988, the City Council of City adopted Resolution No. 88-154 confirming the creation of the Northwest Landscape Maintenance District (hereinafter "Assessment District") based upon the approved Engineer's Report; and WHEREAS, the undersigned owner(s) of the real property located in the City of Santa Maria, County of Santa Barbara, State of California commonly known as Assessor Parcel Number (hereinafter "APN") 123-012-022 has applied to City of Santa Maria (hereinafter "City") for approval of the project known as AGS Recycling, Inc. (hereinafter "Project Property") and located in the Assessment District as described in the Attachment "A" attached hereto and by this reference incorporated herein; and WHEREAS, a Planned Use Permit U2025-0015 was granted, approving the Project Property. The Planned Use Permit imposed a condition requiring the owner(s) of the Project Property to be annexed into the Assessment District by completing a Petition Requesting Annexation into City of Santa Maria Landscape and Lighting Assessment District (hereinafter "Petition") for the maintenance of certain common landscaping; and WHEREAS, the undersigned owner(s) hereby request(s) the City Council of the City to annex the Project Property into the Assessment District to provide a means for funding the annual cost of maintaining certain public improvements which are of special benefit to the Project Property, and each and every parcel or lot within the Assessment District; and
WHEREAS, on June 3rd, 2025, the City Council of City adopted Resolution No. 2025-78 authorizing the levying of the assessments for fiscal year 2025-2026 for the Assessment District based upon a revised Engineer's Report adopted by said resolution; and
WHEREAS, such annexation into Assessment District would result in an annual assessment being levied against the Project Property in an amount sufficient to fund the maintenance of such public improvements; and
WHEREAS, the undersigned owner(s) agree(s) to the imposition of assessments for the Project Property, and its inclusion in, the Assessment District as hereinafter provided; and

1. Purpose of the Annual Assessment. The annual assessment to be levied against the Project Property and each lot or parcel to be created therein shall be used exclusively for the purpose of funding the annual costs of maintaining public improvements described hereto in the Attachment "B" (hereinafter "Description of Work"). The undersigned owner(s) agree(s) that such public improvements, and the operation and maintenance of the same, are of special benefit to the Project Property and each lot or parcel to be created therein. The undersigned owner(s) acknowledge(s) that said Description of Work is part of the Engineer's Report attached to the above -referenced Resolution No. 2025-78, and is hereby incorporated herein by this reference.

3. CPI Adjustment in the Amount of the Annual Assessment. Commencing with the first City fiscal year in which an assessment is levied against the Project Property to fund operation and maintenance of the Assessment District improvements, and in each fiscal year thereafter that the Assessment District remains in effect, the annual assessment to be levied against the Project Property shall be increased in an amount necessary to reflect the increase in the cost of operating and maintaining the Assessment District Improvements due to inflation. The determination of whether there has been an increase in the cost of operating and maintaining the Assessment District improvements and the amount of the increase in the annual assessment, which is proportional to the increase in such costs, shall be based exclusively on the percentage increase in the consumer price index published by the Federal Bureau of Labor Statistics for all Urban Consumers — U.S. Cities Average (all items) or any other measure employed by the Federal Bureau of Labor Statistics in lieu of such consumer price index that measures the cost of living in U.S. cities. The undersigned owner(s) agree(s) that the foregoing consumer price index most accurately reflects the likely annual increase in the cost

of operating and maintaining the Assessment District improvements due to inflationary factors.

8. Ballot in Favor of Assessment District. The undersigned owner(s) execute(s) this Petition both as the Petition for annexation into Assessment District, and as the ballot in favor of such Assessment District. In addition, the undersigned owner(s) hereby authorize(s) the Chief Deputy City Clerk to file this Petition as the undersigned owner'(s') ballot in favor of the Assessment District and the

9. Proposition 218. The Project Property is/are subject to the provisions of Proposition 218.

IN WITNESS WHEREOF, the undersigned owner(s) has/have executed this Petition at the City of Santa Maria, California, this 0 6 day of J L.( L Y 20�6.

Title:
clyi&
6iot 47400 (79iza vt
(SIGN BEFORE NOTARY PUBLIC)

CALIFORNIA ALL-PURPOSE

CERTIFICATE OF ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of SANTA 3A R'R AR A
) ss.

On Q-7— 06 - 202 6 before me,TtCH/1\Rb (�, SANCHEX.
, Notary Public, personally
appeared EP GA TZ A P 0 LF 0 ARROYO GA R C i Ar , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/subscribed to the within instrument and acknowledged to me that he/.hr/d6he/Ar/d6 executed the same in his/her/their authorized capacity(ies), and that by his/hwithef signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary •u. is
Place Notary Seal Here
RICHARD R. SANCHEZ
Notary Public - California
Santa Barbara County
Commission # 2453169
My Comm. Expires Jul 14, 2027

LLI
71 cr
Lu
f,)
CO
CHURCH

48.70 50.C
W 08-051266

98.70 RM 1/38

98.70 1128

50. 50.

2.50 50,00

50.00 50.00
14 75.00
439.10' from SW Cor. 9ik 14
CYPRESS 2

ATTACHMENT A

VICINITY MAP

AGS RECYCLING
U2025-0015
APN 123-012-022
$569.22 PER APN OR TENANT SPACE

ATTACHMENT B
AGS RECYCLING, INC.

PD2025-0015

Attachment B
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

ANNEXING AND AUTHORIZING THE ASSESSMENT OF

LANDSCAPE MAINTENANCE FEES TO DUDLEY HOFFMAN MORTUARY

AND FIRE CRAB IN THE NORTHEAST LANDSCAPE MAINTENANCE
DISTRICT (STREETS AND HIGHWAYS CODE SECTION 22500, ET SEQ.) WHEREAS, on May 2,1989, the City Council of the City of Santa Maria, pursuant to the provisions of the Landscaping and Lighting Act of 1972 by Resolution No. 89-51, authorized the formation of the Northeast Landscape Maintenance District ("District"); and WHEREAS, the cost to developers/owners of the new residential or commercial property occurring within said District are determined based on the costs of providing services and building sufficient reserves to meet future costs; and WHEREAS, a Petition Requesting Annexation into the Northeast Landscape Maintenance District was signed by the owner(s) of the following Properties and the associated Assessor's Parcel Numbers are provided to identify the Properties as follows:

Dudley Hoffman PD2023-0020 & U2023-0020 APN 125-200-035 Fire Crab
DT2019-0002 APN 125-101-015
WHEREAS, pursuant to law, the owner(s) waived the right to protest, reports, and to any notice and hearing to which s/he may be entitled; and WHEREAS, the petition operates as a ballot in favor of the annexation of the Properties in said District; and
WHEREAS, at the City Council meeting of June 3rd, 2025, the City Council adopted a Resolution initiating the proceedings to levy an assessment to the Properties, within the District; and
WHEREAS, it is the intention of the City Council of the City of Santa Maria to annex the Properties into the District and collect assessments according to the provisions of the Petition and District.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria California, as follows:

SECTION 1. The above recitals are true and correct; and SECTION 2. The Petition requesting annexation and its associated vicinity map for annexation of the Properties into the District is confirmed and attached hereto as Exhibit A; and

Page 1 of 2 ends

Attachment B
SECTION 3. The Properties are ordered annexed and made part of the District according to the terms and conditions in the Petition and District; and SECTION 4. It is hereby ordered that the Properties be assessed as part of the District, with the assessment to be annually updated and adjusted according to the Consumer Price Index; and
SECTION 5. Staff is authorized and directed to take all necessary steps to complete these proceedings and collect the assessment; and SECTION 6. The assessment for the 2026-2027 Fiscal Year for the following Properties shall be $758.23 for commercial per APN or tenant space:

Dudley Hoffman PD2023-0020 & U2023-0020 APN 125-200-035 Fire Crab
DT2019-0002 APN 125-101-015
SECTION 7. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, held this 4th day of August 2026
ATTEST:

Chief Deputy City Clerk
Exhibit A: Petition & Vicinity Map
Mayor

Page 2 of 2 ends

APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

Exhibit A

PETITION REQUESTING ANNEXATION INTO

CITY OF SANTA MARIA NORTHEAST

LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
Summary Proceedings to Establish Annexation
Following 100% Property Owner Petition
WHEREAS, on May 2, 1989, the City Council of City adopted Resolution No. 89- 51 confirming the creation of the Northeast Landscape Maintenance District (hereinafter "Assessment District") based upon the approved Engineer's Report; and WHEREAS, the undersigned owner(s) of the real property located in the City of Santa Maria, County of Santa Barbara, State of California commonly known as Assessor Parcel Number (hereinafter "APN") 125-200-035 has applied to City of Santa Maria (hereinafter "City") for approval of the project known as Dudley -Hoffman Mortuary Crematorium(hereinafter "Project Property") and located in the Assessment District as described in the Attachment "A" attached hereto and by this reference incorporated herein; and
WHEREAS, a Planned Development PD2023-0020 & U2023-0020 was granted, approving the Project Property. The Planned Development Permit(s) imposed a condition requiring the owner(s) of the Project Property to be annexed into the Assessment District by completing a Petition Requesting Annexation into City of Santa Maria Landscape and Lighting Assessment District (hereinafter "Petition") for the maintenance of certain common landscaping; and
WHEREAS, the undersigned owner(s) hereby request(s) the City Council of the City to annex the Project Property into the Assessment District to provide a means for funding the annual cost of maintaining certain public improvements which are of special benefit to the Project Property, and each and every parcel or lot within the Assessment District; and
WHEREAS, on June 3rd, 2025, the City Council of City adopted Resolution No. 2025-78 authorizing the levying of the assessments for fiscal year 2025-2026 for the Assessment District based upon a revised Engineer's Report adopted by said resolution; and
WHEREAS, such annexation into Assessment District would result in an annual assessment being levied against the Project Property in an amount sufficient to fund the maintenance of such public improvements; and
WHEREAS, the undersigned owner(s) agree(s) to the imposition of assessments for the Project Property, and its inclusion in, the Assessment District as hereinafter provided; and

1. Purpose of the Annual Assessment. The annual assessment to be levied against the Project Property and each lot or parcel to be created therein shall be used exclusively for the purpose of funding the annual costs of maintaining public improvements described hereto in the Attachment "B" (hereinafter "Description of Work"). The undersigned owner(s) agree(s) that such public improvements, and the operation and maintenance of the same, are of special benefit to the Project Property and each lot or parcel to be created therein. The undersigned owner(s) acknowledge(s) that said Description of Work is part of the Engineer's Report attached to the above -referenced Resolution No. 2025-78 and is hereby incorporated herein by this reference.

consumer price index most accurately reflects the likely annual increase in the cost of operating and maintaining the Assessment District improvements due to inflationary factors.

5. Apportionment of Annual Assessments among Subdivision Lots, Parcels or Tenant Spaces. At such time as the Project Property is subdivided into lots, parcels and/or tenant spaces by reason of recordation of a final subdivision map or final parcel map, the assessment to be levied against the lots, parcels and/or tenant spaces shall be apportioned among the resulting lots, tenant spaces or parcels in accordance with the Engineer's Report for the fiscal year in which the lots, parcels and/or tenant spaces were subdivided and recorded by a final subdivision map or final parcel map. The undersigned owner(s) agree(s) that the net amount assessed in the Engineer's Report fairly distributes the net amount among all assessable lots, parcels and/or tenant spaces in proportion to the estimated benefits received by each such lot, parcel, and/or tenant space from the improvements described in Attachment B. The amount of the assessments shall be in accordance with the original Resolution (89-51) which provided for annual increases based upon the consumer price index referenced in paragraph 4 above.

undersigned owner'(s') ballot in favor of the Assessment District and the annexation of the Project Property into Assessment District by recording a City Council resolution with the undersigned owner'(s') Petition attached thereto accepting said Petition of annexation into the Assessment District.

9. Proposition 218. The Project Property is/are subject to the provisions of Proposition 218.

IN WITNESS WHEREOF, the undersigned owner(s) has/have executed this Petition at the City of Santa Maria, California, this ' day of iU,\i 20ay.

P2Es I = 'r
Title:
(SIGN BEFORE NOTARY PUBLIC)

CALIFORNIA ALL-PURPOSE

CERTIFICATE OF ACKNOWLEDGEMENT
TA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
ss.

County of l )
On SJ f 2,y Z. 2-4 before Mme, A V" (M. , Notary Public, personally appeared i i C . 1'Jf
, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
,,012,4-1111
Signature of Notary Public
Place Notary Seal Here

AUDRA MORENO LOSEE
Notary Public - California
la Santa Barbara County
Commission # 2530343
My Comm. Expires Aug 16, 2029

5 Concepcion Ave
931
E Stowell Rd

ATTACHMENT A

VICINITY MAP

DUDLEY-HOFFMAN MORTUARY CREMATORUIM
PD2023-0020 & U2023-0020
APN 125-200-035
$758.23 PER APN OR TENANT SPACE

ATTACHMENT B

DUDLEY-HOFFMAN MORTUARY CREMATORUIM
PD2023-0020 & U2023-0020

Sailla Maria

CITY OF SANTA MARIA

RECREATION & PARKS DEPARTMENT
615 S. McCLELLAND ST. SANTA MARIA, CALIFORNIA 9:3154-51,54 4 505-925-0951, EXT. 261:) 4 FAX 805-925-4505 Mike and Jeff Hoffman
1003 E Stowel Rd.

Santa Maria, CA 93456
RE: DUDLEY-HOFFMAN MORTUARY DREMATORIUM, 931 E. STOWELL RD,

SANTA MARIA, CA
As a condition of approval of your project Dudley -Hoffman Mortuary, PD2023-0020 & 112023- 0020 the real property owners are required to join the Northeast quadrant of the City's Landscape Maintenance District.

The District provides for the perpetual maintenance of public improvements within the District boundaries under the authority of City Council Resolution # 2025-78. The cost of maintenance is distributed equally among all assessed properties and is collected annually with property taxes.

No assessments will be collected for your property until the next fiscal year, July 1, 2026.

In order to satisfy this condition of including the property in the Northeast Landscape Maintenance District and to avoid inconvenience to the owners, it- is necessary that all of the property owners sign the enclosed Petition Requesting Annexation. It is also necessary to have this form notarized.

The signed and notarized petition is due at time of permit issuance. For your convenience, the petition can be returned to the Recreation and Parks Department at 615 South McClelland Street, Santa Maria, CA 93454.

Thank you for your prompt attention to this matter. If you have any questions concerning this matter, I can be reached at (805) 925-0951, extension 2346.

Sincerely,

SCOTT CHRISTIAN

SPECIAL DISTRICTS SUPERVISOR

PETITION REQUESTING ANNEXATION INTO

CITY OF SANTA MARIA NORTHEAST

LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
Summary Proceedings to Establish Annexation
Following 100% Property Owner Petition
WHEREAS, on May 2, 1989, the City Council of City adopted Resolution No. 89- 51 confirming the creation of the Northeast Landscape Maintenance District (hereinafter "Assessment District") based upon the approved Engineer's Report; and WHEREAS, the undersigned owner(s) of the real property located in the City of Santa Maria, County of Santa Barbara, State of California commonly known as Assessor Parcel Number (hereinafter "APN") 125-101-015 has applied to City of Santa Maria (hereinafter "City") for approval of the project known as Fire Crab (hereinafter "Project Property") and located in the Assessment District as described in the Attachment "A" attached hereto and by this reference incorporated herein; and WHEREAS, a Downtown Development DT2019-0002 was granted, approving the Project Property. The Downtown Development Permit imposed a condition requiring the owner(s) of the Project Property to be annexed into the Assessment District by completing a Petition Requesting Annexation into City of Santa Maria Landscape and Lighting Assessment District (hereinafter "Petition") for the maintenance of certain common landscaping; and
WHEREAS, the undersigned owner(s) hereby request(s) the City Council of the City to annex the Project Property into the Assessment District to provide a means for funding the annual cost of maintaining certain public improvements which are of special benefit to the Project Property, and each and every parcel or lot within the Assessment District; and
WHEREAS, on July 18th, 2023, the City Council of City adopted Resolution No. 2023-109 authorizing the levying of the assessments for fiscal year 2023-2024 for the Assessment District based upon a revised Engineer's Report adopted by said resolution; and
WHEREAS, such annexation into Assessment District would result in an annual assessment being levied against the Project Property in an amount sufficient to fund the maintenance of such public improvements; and
WHEREAS, the undersigned owner(s) agree(s) to the imposition of assessments for the Project Property, and its inclusion in, the Assessment District as hereinafter provided; and

1. Purpose of the Annual Assessment. The annual assessment to be levied against the Project Property and each lot or parcel to be created therein shall be used exclusively for the purpose of funding the annual costs of maintaining public improvements described hereto in the Attachment "B" (hereinafter "Description of Work"). The undersigned owner(s) agree(s) that such public improvements, and the operation and maintenance of the same, are of special benefit to the Project Property and each lot or parcel to be created therein. The undersigned owner(s) acknowledge(s) that said Description of Work is part of the Engineer's Report attached to the above -referenced Resolution No. 2023-107 and is hereby incorporated herein by this reference.

3. CPI Adcustment in the Amount of the Annual Assessment. Commencing with the first City fiscal year in which an assessment is levied against the Project Property to fund operation and maintenance of the Assessment District improvements, and in each fiscal year thereafter that the Assessment District remains in effect, the annual assessment to be levied against the Project Property shall be increased in an amount necessary to reflect the increase in the cost of operating and maintaining the Assessment District Improvements due to inflation. The determination of whether there has been an increase in the cost of operating and maintaining the Assessment District improvements and the amount of the increase in the annual assessment, which is proportional to the increase in such costs, shall be based exclusively on the percentage increase in the consumer price index published by the Federal Bureau of Labor Statistics for all Urban Consumers — U.S. Cities Average (all items) or any other measure employed by the Federal Bureau of Labor Statistics in lieu of such consumer price index that measures the cost of living in U.S. cities. The undersigned owner(s) agree(s) that the foregoing consumer price index most accurately reflects the likely annual increase in the cost

of operating and maintaining the Assessment District improvements due to inflationary factors.

5. Apportionment of Annual Assessments among Subdivision Lots, Parcels or Tenant Spaces. At such time as the Project Property is subdivided into lots, parcels and/or tenant spaces by reason of recordation of a final subdivision map or final parcel map, the assessment to be levied against the lots, parcels and/or tenant spaces shall be apportioned among the resulting lots, tenant spaces or parcels in accordance with the Engineer's Report for the fiscal year in which the lots, parcels and/or tenant spaces were subdivided and recorded by a final subdivision map or final parcel map. The undersigned owner(s) agree(s) that the net amount assessed in the Engineer's Report fairly distributes the net amount among all assessable lots, parcels and/or tenant spaces in proportion to the estimated benefits received by each such lot, parcel, and/or tenant space from the improvements described in Attachment B. The amount of the assessments shall be in accordance with the original Resolution (89-51) which provided for annual increases based upon the consumer price index referenced in paragraph 4 above.

8. Ballot in Favor of Assessment District. The undersigned owner(s) execute(s) this Petition both as the Petition for annexation into Assessment District, and as the ballot in favor of such Assessment District. In addition, the undersigned owner(s) hereby authorize(s) the Chief Deputy City Clerk to file this Petition as the undersigned owner'(s') ballot in favor of the Assessment District and the

9. Proposition 218. The Project Property is/are subject to the provisions of Proposition 218.

IN WITNESS WHEREOF, the undersigned owner(s) has/have executed this Petition at the City of Santa Maria, California, this day of o 2021.

Name: ---Tea77 %Zf/yI
Title: ,0 e -1' -
(SIGN BEFORE NOTARY PUBLIC)

CALIFORNIA ALL-PURPOSE

State of California
) ss.

County of 41 �J) ) /
On --a x• •` c1— before me, 1`11lt l4 '. r l i 47 yr
4411
appeared iA G1 lets el
4G
otary Public, personally
, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
'
7 gnalure of tary Public
Place Notary Seal Here
raeffeamilbsisma""a"Alkmataamail
DONNA G. SCHWARTZ
Notary Public • California
Santa Barbara County E
Commission it 2506164
My Comm. Expires Dec 6, 2028

Orange
Broadway
510
Boone

ATTACHMENT A

VICINITY MAP

FIRE CRAB
DT2019-000 2
APN 125-101-015
$708.51 PER APN OR TENANT SPACE

ATTACHMENT B

FIRE CRAB
DT2O19-0002

Attachment C
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

ANNEXING AND AUTHORIZING THE ASSESSMENT OF LANDSCAPE

MAINTENANCE FEES TO WEST STOWELL DISTRIBUTION FACILITY,

ARROW TRACT, AVANTE APARTMENTS, AND BLOSSER RANCH

LOCATED IN THE SOUTHWEST LANDSCAPE MAINTENANCE DISTRICT (STREETS AND HIGHWAYS CODE SECTION 22500, ET SEQ.)
WHEREAS, on May 2, 1989, the City Council of the City of Santa Maria, pursuant to the provisions of the Landscaping and Lighting Act of 1972 by Resolution No. 89-50, authorized the formation of the Southwest Landscape Maintenance District ("District"); and
WHEREAS, the developers/owners of the new residential or commercial property occurring within said District are based on the costs of providing services and building sufficient reserves to meet future costs; and
WHEREAS, a Petition Requesting Annexation into the Southwest Landscape Maintenance District was signed by the owner(s) of the following Property and the associated Assessor's Parcel Numbers provided to identify it as follows (Note clerical error, Stowell Distribution is in the Southwest):

W Stowell Distribution Facility,
Arrow Tract,
Avante Apartments,
Blosser Ranch,
PD2024-0003 APN 117-820-012 & -013
TR2022-0001 APN 111-270-005
PD2021-0013 APN 117-770-047
TR2019-0003 APN 117-240-050 to -060
WHEREAS, pursuant to law, the owner(s) waived the right to protest reports, and to any notice and hearing to which s/he may be entitled; and WHEREAS, the petition operates as a ballot in favor of the annexation of the Property in said District; and
WHEREAS, at the City Council meeting of June 3rd, 2025, the City Council adopted a Resolution initiating the proceedings to levy an assessment to the Property within the District; and
WHEREAS, it is the intention of the City Council of the City of Santa Maria to annex the Property into the District and collect assessments according to the provisions of the Petition and District.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria California, as follows:

SECTION 1. That the above recitals are true and correct; and SECTION 2. The Petition requesting annexation and its associated vicinity map for annexation of the Property into the Southwest Landscape Maintenance District is confirmed and attached hereto as Exhibit A; and
SECTION 3. That the Property is ordered annexed and made part of the Southwest Landscape Maintenance District, according to the terms and conditions in the Petition and District; and
SECTION 4. It is hereby ordered that the Property be assessed as part of the District, with the assessment to be annually updated and adjusted according to the Consumer Price Index; and
SECTION 5. Staff is authorized and directed to take all necessary steps to complete these proceedings and collect the assessment; and SECTION 6. The assessment for the 2026-2027 Fiscal Year for the following Property shall be $569.22 commercial and 273.73 residential per APN or tenant space:

W Stowell Distribution Facility, PD2024-0003 APN 117-820-012 & -013 Arrow Tract, TR2022-0001 APN 111-270-005
Avante Apartments, PD2021-0013 APN 117-770-047
Blosser Ranch, TR2019-0003 APN 117-240-050 to -060
SECTION 7. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary. 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, held this 4th day of August 2026.

Mayor
ATTEST:

APPROVED AS TO FORM:

Chief Deputy City Clerk
Exhibit A: Petitions & Vicinity Map
3 City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

Exhibit A

PETITION REQUESTING ANNEXATION INTO

CITY OF SANTA MARIA NORTHWEST

LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
Summary Proceedings to Establish Annexation
Following 100% Property Owner Petition
WHEREAS, on December 20, 1988, the City Council of City adopted Resolution No. 88-154 confirming the creation of the Northwest Landscape Maintenance District (hereinafter "Assessment District") based upon the approved Engineer's Report; and WHEREAS, the undersigned owner(s) of the real property located in the City of Santa Maria, County of Santa Barbara, State of California commonly known as Assessor Parcel Number (hereinafter "APN") 117-820-012, -013 has applied to City of Santa Maria (hereinafter "City") for approval of the project known as West Stowell Distribution Facility (hereinafter "Project Property") and located in the Assessment District as described in the Attachment "A" attached hereto and by this reference incorporated herein; and
WHEREAS, a Planned Development PD2024-0003 was granted, approving the Project Property. The Planned Development Permit imposed a condition requiring the owner(s) of the Project Property to be annexed into the Assessment District by completing a Petition Requesting Annexation into City of Santa Maria Landscape and Lighting Assessment District (hereinafter "Petition") for the maintenance of certain common landscaping; and
WHEREAS, the undersigned owner(s) hereby request(s) the City Council of the City to annex the Project Property into the Assessment District to provide a means for funding the annual cost of maintaining certain public improvements which are of special benefit to the Project Property, and each and every parcel or lot within the Assessment District; and
WHEREAS, on June 04th, 2024, the City Council of City adopted Resolution No. 2024-81 authorizing the levying of the assessments for fiscal year 2024-2025 for the Assessment District based upon a revised Engineer's Report adopted by said resolution; and
WHEREAS, such annexation into Assessment District would result in an annual assessment being levied against the Project Property in an amount sufficient to fund the maintenance of such public improvements; and
WHEREAS, the undersigned owner(s) agree(s) to the imposition of assessments for the Project Property, and its inclusion in, the Assessment District as hereinafter provided; and

2. Amount of the Annual Assessment. The annual assessment to be levied against the Project Property to fund operation and maintenance of the Description of Work shall initially be the current Commercial Assessment District amount of $550.50 PER APN OR TENANT SPACE. Such annual assessment shall be levied against the Project Property during each City fiscal year that the Assessment District remains in effect, effective immediately. The undersigned owner(s) agree(s) that the amount of the annual assessment set forth does not exceed the cost of operating and maintaining the Description of Work.
3 CPI Adjustment in the Amount of the Annual Assessment. Commencing with the first City fiscal year in which an assessment is levied against the Project Property to fund operation and maintenance of the Assessment District improvements, and in each fiscal year thereafter that the Assessment District remains in effect, the annual assessment to be levied against the Project Property shall be increased in an amount necessary to reflect the increase in the cost of operating and maintaining the Assessment District Improvements due to inflation. The determination of whether there has been an increase in the cost of operating and maintaining the Assessment District improvements and the amount of the increase in the annual assessment, which is proportional to the increase in such costs, shall be based exclusively on the percentage increase in the consumer price index published by the Federal Bureau of Labor Statistics for all Urban Consumers — U.S. Cities Average (all items) or any other measure employed by the Federal Bureau of Labor Statistics in lieu of such consumer price index that measures the cost of living in U.S. cities. The undersigned owner(s) agree(s) that the foregoing

consumer price index most accurately reflects the likely annual increase in the cost of operating and maintaining the Assessment District improvements due to inflationary factors.

6. Duration of the Annual Assessment. The annual assessment to be levied against the Project Property and each lot, tenant space, or parcel created therein to operate and maintain the Description of Work shall commence immediately and shall continue thereafter until such time as the City Council shall determine to abolish the Assessment District.
7 Waiver of Notice and Assessment District Protest Hearing. For purposes of annexation, under this Petition, and for no other purpose, the undersigned owner(s) hereby agree(s) to waive and forego the protest hearing (and notice of the date, time, and place of any protest hearing) on the Assessment District or the annexation of the Project Property into Assessment District, including, but not limited to, any such hearing or notice provided for by provisions of Streets & Highways Code Sections 22585 et seq., Government Code Sections 53750 et seq. and/or Section 4 of Article XIII C of the California Constitution.

9. Proposition 218. The Project Property is/are subject to the provisions of Proposition 218.

IN WITNESS WHEREOF, the undersigned owner(s) has/have executed this Petition at the City of Santa Maria, California, this 9th day of July 2026 .

AMAZON.COM SERVICES LLC, a Delaware
limit i liability company
Nicole East
Name:

Title: Authorized Signatory
(SIGN BEFORE NOTARY PUBLIC)

NOTARY ACKNOWLEDGMENT

STATE OF WASHINGTON )
) ss.

COUNTY OF KING
On the 9th day of July , 2026 before me, the undersigned, personally appeared Nicole East , the Authorized Signatory of AMAZON.COM SERVICES LLC, a Delaware limited liability company, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity, and that by his/her/their signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
f v"1 � ►
NOTARY ^°
PUBLIC...................
cht-iw,20,
,,, „ ,,,,,
,,,,,,,,,
:`
Print Name Alex 'andia Seifert
Notary Public in and for the State of WA
residing at Seattle
My commission expires 4/13/2030

-01' 2
117-820-013

ATTACHMENT A

VICINITY MAP
West Stowell Distribution Facility
PD2024-0003
APN 117-820-012,-013
$550.50 PER APN OR TENANT SPACE

ATTACHMENT B
West Stowell Distribution Facility
PD2024-0003

PETITION REQUESTING ANNEXATION INTO

CITY OF SANTA MARIA SOUTHWEST

LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
Summary Proceedings to Establish Annexation
Following 100% Property Owner Petition
WHEREAS, on May 2, 1989, the City Council of City adopted Resolution No. 89- 50 confirming the creation of the Southwest Landscape Maintenance District (hereinafter "Assessment District") based upon the approved Engineer's Report; and WHEREAS, the undersigned owner(s) of the real property located in the City of Santa Maria, County of Santa Barbara, State of California commonly known as Assessor Parcel Number (hereinafter "APN") 111-270-005 has applied to City of Santa Maria (hereinafter "City") for approval of the project known as Arrow Tentative Parcel Map (hereinafter "Project Property") and located in the Assessment District as described in the Attachment "A" attached hereto and by this reference incorporated herein; and WHEREAS, a TractMap TR2022-0001 was granted, approving the Project Property. The Tract Map Permit imposed a condition requiring the owner(s) of the Project Property to be annexed into the Assessment District by completing a Petition Requesting Annexation into City of Santa Maria Landscape and Lighting Assessment District (hereinafter "Petition") for the maintenance of certain common landscaping; and WHEREAS, the undersigned owner(s) hereby request(s) the City Council of the City to annex the Project Property into the Assessment District to provide a means for funding the annual cost of maintaining certain public improvements which are of special benefit to the Project Property, and each and every parcel or lot within the Assessment District; and
WHEREAS, on June 3rd, 2025, the City Council of City adopted Resolution No. 2025-78 authorizing the levying of the assessments for fiscal year 2025-2026 for the Assessment District based upon a revised Engineer's Report adopted by said resolution; and
WHEREAS, such annexation into Assessment District would result in an annual assessment being levied against the Project Property in an amount sufficient to fund the maintenance of such public improvements; and
WHEREAS, the undersigned owner(s) agree(s) to the imposition of assessments for the Project Property, and its inclusion in, the Assessment District as hereinafter provided; and

1. Purpose of the Annual Assessment. The annual assessment to be levied against the Project Property and each lot or parcel to be created therein shall be used exclusively for the purpose of funding the annual costs of maintaining public improvements described hereto in the Attachment "B" (hereinafter "Description of Work"). The undersigned owner(s) agree(s) that such public improvements, and the operation and maintenance of the same, are of special benefit to the Project Property and each lot or parcel to be created therein. The undersigned owner(s) acknowledge(s) that said Description of Work is part of the Engineer's Report attached to the above -referenced Resolution No. 2021-87, and is hereby incorporated herein by this reference.

of operating and maintaining the Assessment District improvements due to inflationary factors.

5. Apportionment of Annual Assessments among Subdivision Lots, Parcels or Tenant Spaces. At such time as the Project Property is subdivided into lots, parcels and/or tenant spaces by reason of recordation of a final subdivision map or final parcel map, the assessment to be levied against the lots, parcels and/or tenant spaces shall be apportioned among the resulting lots, tenant spaces or parcels in accordance with the Engineer's Report for the fiscal year in which the lots, parcels and/or tenant spaces were subdivided and recorded by a final subdivision map or final parcel map. The undersigned owner(s) agree(s) that the net amount assessed in the Engineer's Report fairly distributes the net amount among all assessable lots, parcels and/or tenant spaces in proportion to the estimated benefits received by each such lot, parcel, and/or tenant space from the improvements described in Attachment B. The amount of the assessments shall be in accordance with the original Resolution (89-50) which provided for annual increases based upon the consumer price index referenced in paragraph 4 above.

8. Ballot in Favor of Assessment District. The undersigned owner(s) execute(s) this Petition both as the Petition for annexation into Assessment District, and as the ballot in favor of such Assessment District. In addition, the undersigned owner(s) hereby authorize(s) the Chief Deputy City Clerk to file this Petition as the undersigned owner'(s') ballot in favor of the Assessment District and the

Meredith
445
$41
McCoy
427
Oakley
901

ATTACHMENT A

VICINITY MAP

ARROW TENTATIVE

PARCEL MAP
TR2022-0001
APN 111-270-005
$569.22 PER APN OR TENANT SPACE

CALIFORNIA ALL-PURPOSE

State of California
County of i }T
On I
LI/424 before me, '�1 L v i 1 + 'mil) , Notary Public, personally ) ss.
appeared Ji'i I V ' , who proved to me
on the basis of satisfactory vidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
• of Notary Public
MELISSA re,. JIMENEZ
Notary Public - California
Santa Barham County
Commission +r 2466076 —
My Comm. Expires Oct 10, 2027
Place Notary Seal Here

9. Proposition 218. The Project Property is/are subject to the provisions of Proposition 218.

IN WITNESS WHEREOF, the undersigned owner(s) has/have executed this Petition at the City of Santa Maria, California, this /`f day of TgN,4 QtT 20 •(0.

Name: //M 6 1- 14. (joie
Title: P�2Sid v
(SIGN BEFORE NOTARY PUBLIC)

ATTACHMENT B
Arrow Tentative Parcel Map
TR2022-0001

PETITION REQUESTING ANNEXATION INTO

CITY OF SANTA MARIA SOUTHWEST

LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
Summary Proceedings to Establish Annexation
Following 100% Property Owner Petition
WHEREAS, on May 2, 1989, the City Council of City adopted Resolution No. 89- 50 confirming the creation of the Southwest Landscape Maintenance District (hereinafter "Assessment District") based upon the approved Engineer's Report; and WHEREAS, the undersigned owner(s) of the real property located in the City of Santa Maria, County of Santa Barbara, State of California commonly known as Assessor Parcel Number (hereinafter "APN") 117-770-047 has applied to City of Santa Maria (hereinafter "City") for approval of the project known as Avante Apartments (hereinafter "Project Property") and located in the Assessment District as described in the Attachment "A" attached hereto and by this reference incorporated herein; and WHEREAS, a Planned Development PD2021-0013 was granted, approving the Project Property. The Planned Development Permit imposed a condition requiring the owner(s) of the Project Property to be annexed into the Assessment District by completing a Petition Requesting Annexation into City of Santa Maria Landscape and Lighting Assessment District (hereinafter "Petition") for the maintenance of certain common landscaping; and
WHEREAS, the undersigned owner(s) hereby request(s) the City Council of the City to annex the Project Property into the Assessment District to provide a means for funding the annual cost of maintaining certain public improvements which are of special benefit to the Project Property, and each and every parcel or lot within the Assessment District; and
WHEREAS, on July 18th, 2022, the City Council of City adopted Resolution No. 2023-110 authorizing the levying of the assessments for fiscal year 2023-2024 for the Assessment District based upon a revised Engineer's Report adopted by said resolution; and
WHEREAS, such annexation into Assessment District would result in an annual assessment being levied against the Project Property in an amount sufficient to fund the maintenance of such public improvements; and
WHEREAS, the undersigned owner(s) agree(s) to the imposition of assessments for the Project Property, and its inclusion in, the Assessment District as hereinafter provided; and

1. Pur ose of the Annual Assessment. The annual assessment to be levied against the Project Property and each lot or parcel to be created therein shall be used exclusively for the purpose of funding the annual costs of maintaining public improvements described hereto in the Attachment "B" (hereinafter "Description of Work"). The undersigned owner(s) agree(s) that such public improvements, and the operation and maintenance of the same, are of special benefit to the Project Property and each lot or parcel to be created therein. The undersigned owner(s) acknowledge(s) that said Description of Work is part of the Engineer's Report attached to the above -referenced Resolution No. 2023-110, and is hereby incorporated herein by this reference.

2. Amount of the Annual Assessment. The annual assessment to be levied against the Project Property to fund operation and maintenance of the Description of Work shall initially be the current Residential Assessment District amount of $255.78 PER APN OR TENANT SPACE, and the current Westgate Ranch Special Benefit Zone's amount of $352.36 PER APN OR TENANT SPACE. Such annual assessment shall be levied against the Project Property during each City fiscal year that the Assessment District remains in effect, effective immediately. The undersigned owner(s) agree(s) that the amount of the annual assessment set forth does not exceed the cost of operating and maintaining the Description of Work.

3. CPI Ad'ustment in the Amount of the Annual Assessment. Commencing with the first City fiscal year in which an assessment is levied against the Project Property to fund operation and maintenance of the Assessment District improvements, and in each fiscal year thereafter that the Assessment District remains in effect, the annual assessment to be levied against the Project Property shall be increased in an amount necessary to reflect the increase in the cost of operating and maintaining the Assessment District Improvements due to inflation. The determination of whether there has been an increase in the cost of operating and maintaining the Assessment District improvements and the amount of the increase in the annual assessment, which is proportional to the increase in such costs, shall be based exclusively on the percentage increase in the consumer price index published by the Federal Bureau of Labor Statistics for all Urban Consumers — U.S. Cities Average (all items) or any other measure employed by the Federal Bureau of Labor Statistics in lieu of such consumer price index that measures the cost of living in U.S. cities. The undersigned owner(s) agree(s) that the foregoing

consumer price index most accurately reflects the likely annual increase in the cost of operating and maintaining the Assessment District improvements due to inflationary factors.

5. Apportionment of Annual Assessments among Subdivision Lots, Parcels or Tenant Spaces. At such time as the Project Property is subdivided into lots, parcels and/or tenant spaces by reason of recordation of a final subdivision map or final parcel map, the assessment to be levied against the lots, parcels and/or tenant spaces shall be apportioned among the resulting lots, tenant spaces or parcels in accordance with the Engineer's Report for the fiscal year in which the lots, parcels and/or tenant spaces were subdivided and recorded by a final subdivision map or final parcel map. The undersigned owner(s) agree(s) that the net amount assessed in the Engineer's Report fairly distributes the net amount among all assessable lots, parcels and/or tenant spaces in proportion to the estimated benefits received by each such lot, parcel, and/or tenant space from the improvements described in Attachment B. The amount of the assessments shall be in accordance with the original Resolution (89-50) which provided for annual increases based upon the consumer price index referenced in paragraph 4 above.

9. Proposition 218. The Project Property is/are subject to the provisions of Proposition 218.

IN WITNESS WHEREOF, the undersigned owner(s) has/have executed this Petition at the City of Santa Maria, California, this day of (I/A"-4h 20 2-(O .

Name:

Title: M
(SIGN BEFORE NOTARY PUBLIC)

CALIFORNIA ALL-PURPOSE

State of California )
) ss.

County of ..all ?,AIS 0 ) ,, ,�
On P' JI 12 r?. 2-t before me, heI_ t.i S , Notary Public, personally appeared
#eve 6 no -vi s
who proved to me
on the basis of satisfactory evidence to be the person,{} whose name is i subscribed to the within instrument and acknowledged to me tha
Vithe executed the same in is elitheA authorized capacity(i$t), and that by his Vi'Ithei(signature(O on the instrument the persond or the entity upon behalf of which the person(s)f acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITN SS my hand d official seal.

Signature of tary Public
MICHELE A. TOMPKINS
Notary Public • California zf
San Luis Obispo County
Commission N 2453177
y Comm. Expires Jul 14, 2027
Place Notary Seal Here

ATTACHMENT A

VICINITY MAP

AVANTE APARTENTS
PD2021-0013
APN 117-740-047
$608.14 PER APN OR TENANT SPACE

ATTACHMENT B

AVANTE APARTMENTS
PD2021-0013

PETITION REQUESTING ANNEXATION INTO

CITY OF SANTA MARIA SOUTHWEST

LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
Summary Proceedings to Establish Annexation
Following 100% Property Owner Petition
WHEREAS, on May 2, 1989, the City Council of City adopted Resolution No. 89- 50 confirming the creation of the Southwest Landscape Maintenance District & Blosser Ranch Special Benefit Zone District (hereinafter "Assessment District") based upon the approved Engineer's Report; and
WHEREAS, the undersigned owner(s) of the real property located in the City of Santa Maria, County of Santa Barbara, State of California commonly known as Assessor Parcel Number (hereinafter "APN")117-240-050, -051, -052, -053, -054, -056, -057, -058, -059-, -060 has applied to City of Santa Maria (hereinafter "City") for approval of the project known as Blosser Ranch (hereinafter "Project Property") and located in the Assessment District as described in the Attachment "A" attached hereto and by this reference incorporated herein; and
WHEREAS, a Use Permit TR2019-0003 was granted, approving the Project Property. The Use Permit imposed a condition requiring the owner(s) of the Project Property to be annexed into the Assessment District by completing a Petition Requesting Annexation into City of Santa Maria Landscape and Lighting Assessment District (hereinafter "Petition") for the maintenance of certain common landscaping; and WHEREAS, the undersigned owner(s) hereby request(s) the City Council of the City to annex the Project Property into the Assessment District to provide a means for funding the annual cost of maintaining certain public improvements which are of special benefit to the Project Property, and each and every parcel or lot within the Assessment District; and
WHEREAS, on June 3rd, 2025, the City Council of City adopted Resolution No. 2025-78 authorizing the levying of the assessments for fiscal year 2025-2026 for the Assessment District based upon a revised Engineer's Report adopted by said resolution; and
WHEREAS, such annexation into Assessment District would result in an annual assessment being levied against the Project Property in an amount sufficient to fund the maintenance of such public improvements; and
WHEREAS, the undersigned owner(s) agree(s) to the imposition of assessments for the Project Property, and its inclusion in, the Assessment District as hereinafter provided; and

1. Purpose of the Annual Assessment. The annual assessment to be levied against the Project Property and each lot or parcel to be created therein shall be used exclusively for the purpose of funding the annual costs of maintaining public improvements described hereto in the Attachment "B" (hereinafter "Description of Work"). The undersigned owner(s) agree(s) that such public improvements, and the operation and maintenance of the same, are of special benefit to the Project Property and each lot or parcel to be created therein. The undersigned owner(s) acknowledge(s) that said Description of Work is part of the Engineer's Report attached to the above -referenced Resolution No. 2025-78 and is hereby incorporated herein by this reference.

2. Amount of the Annual Assessment. The annual assessment to be levied against the Project Property to fund operation and maintenance of the Description of Work shall initially be the current Residential Assessment District amount of $273.73 or the Commercial Assessment District amount of $569.22 PER APN OR TENANT SPACE. Such annual assessment shall be levied against the Project Property during each City fiscal year that the Assessment District remains in effect, effective immediately. The undersigned owner(s) agree(s) that the amount of the annual assessment set forth does not exceed the cost of operating and maintaining the Description of Work.

cost of living in U.S. cities. The undersigned owner(s) agree(s) that the foregoing consumer price index most accurately reflects the likely annual increase in the cost of operating and maintaining the Assessment District improvements due to inflationary factors.

5. Apportionment of Annual Assessments among Subdivision Lots. Parcels or Tenant Spaces. At such time as the Project Property is subdivided into lots, parcels and/or tenant spaces by reason of recordation of a final subdivision map or final parcel map, the assessment to be levied against the lots, parcels and/or tenant spaces shall be apportioned among the resulting lots, tenant spaces or parcels in accordance with the Engineer's Report for the fiscal year in which the lots, parcels and/or tenant spaces were subdivided and recorded by a final subdivision map or final parcel map. The undersigned owner(s) agree(s) that the net amount assessed in the Engineer's Report fairly distributes the net amount among all assessable lots, parcels and/or tenant spaces in proportion to the estimated benefits received by each such lot, parcel, and/or tenant space from the improvements described in Attachment B. The amount of the assessments shall be in accordance with the original Resolution (89-50) which provided for annual increases based upon the consumer price index referenced in paragraph 4 above.

hereby authorize(s) the Chief Deputy City Clerk to file this Petition as the undersigned owner'(s') ballot in favor of the Assessment District and the annexation of the Project Property into Assessment District by recording a City Council resolution with the undersigned owner'(s') Petition attached thereto accepting said Petition of annexation into the Assessment District.

9. Proposition 218. The Project Property is/are subject to the provisions of Proposition 218.

10. Termination of Landsca a Maintenance District. In the event the Assessment District operations cease through legislative or legal action, the undersigned owner(s) shall cooperate with the City to establish another funding mechanism to provide the landscaping maintenance contemplated by this Petition. In the event the undersigned owner(s) and City cannot establish such a mechanism as a result of legislative or legal action, the properties that front on the landscaping to be maintained shall be responsible for said maintenance at their sole cost and expense.

IN WITNESS WHEREOF, the undersigned owner(s) has/have executed this Petition at the City of Santa Maria, California, this Zgthday of Ma,/ 20 2(O .

Name:

Title: oc, gi94-151
(SIGN BEFORE NOTARY PUBLIC)

CALIFORNIA ALL-PURPOSE

State of California
) ss.

County of 6©5 jeieS )
On /4cy 2 2a2- C' before me, , ! Cie //V t /15 0,) , Notary Public, personally appeared J "4";
i r� )1 7 Gtr
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
who proved to me
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNE m_ nd and official seal.

Signature of Notary Public
Place Notary Seal Here

NICK ALVERSON
Notary Public - California 1
Los Angeles County
Commission # 2543971
My Comm. Expires Jan 29, 2030 -

Stowell
Blosser
117-240-028
Depot
Battles

ATTACHMENT A

VICINITY MAP

BLOSSER RANCH
TR2019-0003
APN 117-240-050,-051,
-052, 053, -054, -056,
-057, -058, -059-, -060
$507.03 or $243.33 PER APN OR TENANT SPACE
Blosser Ranch Special Benefit Zone fee is yet to be determined

Attachment D
City of Santa Maria
NorthEast Landscape Maintenance District
Overview Map
- Highway
- Major Streets
Streets
=North East LMD
Special Benefit Zones
Donovan Estates
La Ventana
Rivergate/Roemer
Suey/Donovan SBZ

Attachment E

S BLOSSER RD
"\-S DEPOT•ST
o
7C
(11
z
re
J
rn
W
LL
z
5 N DEPOT
ST
a
O
z
City of Santa Maria
NorthWest Landscape Maintenance District
Overview Map
AIM
iw
IMO Mr? IMW4
cLallwo
on ,Timm4
re
NM -
O N RJ %LROAD AVi =
III
i
- Highway
- Major Streets
Streets
=North Wesi r lit
Special Benefit Zones
Cherry Blossom SBZ
N. Preisker Ranch SBZ

Attachment F

W MAIN ST -
City of Santa Maria
SouthWest Landscape Maintenance District
Overview Map
I_wsJwERD
z
w BATTLES
.r 'o r RD
am
SOTNI o �„WSONYALN

W BETTTERAVIA,RD
.j
—w FOSTER RD
— Highway
— Major Streets
Streets
=South West LMD
Special Benefit Zones
▪ Acquistapace
Betteravia Plaza
C-4
▪ Cherrywood Estates
▪ Coyway
Rose Garden Village
— Stowell Shopping Center
▪ Villages @ WG Commercial
Villages ra West Gate
In Westgate Ranch

TO:

FROM:

DATE:

SUBJECT:

COUNCIL AGENDA REPORT
Mayor and City Council
Ramon Galo, Recreation and Parks Director
August 4, 2026
Adoption of a Resolution Approving Amendment No. 2 to Agreement with JD Hummann Landscaping, Inc. for Additional for Fiscal Year 2025-26 and Fiscal Year 2026-27 Landscape Maintenance Services Description:

The City Council will consider adopting a Resolution approving an increase to the agreement with JD Humann Landscaping, Inc. for Fiscal Years 2025-26 and 2026-27 Landscape Maintenance Services and extra services.

Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

1. Adopt a Resolution approving Amendment No. 2 to agreement with JD Humann Landscaping, Inc. approving an additional increase for landscape maintenance services for extra services of $195,268 for a total amount up to $785,268 for Fiscal Years 2025-26 and 2026-27 and approve an additional $86,000 for a total contract amount of $1,169,148 for Fiscal Year 2026-27 to provide landscape services to Districts: Northwest, Northeast, Southwest and portions of South Miller / South College; and

2. Authorize the City Manager, or designee, to execute Amendment No. 2 and any other related documents necessary to implement the agreement.

BACKGROUND:

In July 2025, the City of Santa Maria entered into a professional services agreement with JD Humann Landscaping, Inc. (see Attachment B) for the provision of landscape services to various areas within the city. The scope of the agreement includes the provision of routine ongoing landscape services (including landscape and irrigation maintenance), and extra services to include unplanned or unanticipated landscape projects that are identified throughout the year. The agreement is for a 3 -year term with an option to extend two, one-year terms. The City is currently beginning the second year of the initial 3 -year term.

The purpose of the landscape services agreement is to ensure the efficient, routine, and standardized upkeep of public spaces. The service areas include streetside landscaping, medians, roundabouts, and other areas within specific zones or districts.

During Fiscal Year (FY) 2025-26, City staff approved projects that qualified under the Extra Services area of the agreement. The contractor completed these projects under the direction and supervision of City staff. In May 2026 Council approved a contract amount increase of up to $590,000 to cover ongoing expenses related to Extra Services.

A recent Director's audit revealed that the full amount of approved work was more than the May 2026 City Council contract amount approval. Approval of this item will allow the City to pay past due invoices for work already performed.

Under the Landscape Maintenance Districts policy, the City has an obligation to provide landscape maintenance services to the City's districts and special benefit zones. To ensure the City meets this obligation, staff recommends continuing to implement the landscape services agreement with JD Humann Landscaping, Inc. for FY 2026-27. The contract amount requested includes all areas under contract and the addition of 3 new assessed areas to be implemented upon City Council approval. The contract amount approved in July 2025 was $1,083,148 and the recommendation is to increase the amount to $1,169,148 for FY 2026-2027 to provide landscape maintenance services to the following Districts:
a. Northwest
b. Northeast
c. Southwest
d. The following portions of South Miller / South College District i. Enos Ranch Residential Special Benefits Zone
ii. Enos Ranch Commercial Benefits Zone
DISCUSSION:

The Recreation and Parks Department's goal is to close FY 2025-26 operations and commence FY 2026-27. To do so, staff provide the following recommendations:

As part of closing the 2025-26 budget cycle, the Recreation and Parks Director has performed an audit, which included the review of past due and remaining invoices. The audit discovered a remaining past due amount of $195,341 for FY 2025-26. The recommendation is to increase the contract amount to $785,268 to cover the outstanding expenses and cover FY 2026-2027 invoices. The Extra services up -to contract amount will be $785,268 for FY 2025-2026 and FY 2026-2027. There is no impact to the General Fund.

To continue with contracted landscape maintenance services, staff recommends approving a FY 2026-27 contract amount limit of $1,169,148 to provide landscape services to various areas, including Northwest, Northeast, Southwest, and portions of the Southeast Districts. This recommended contract amount includes services that are detailed in the scope of services found in the aforementioned agreement between the City and JD Humann Landscaping, Inc. (see Attachment C). 2 Alternative(s)
The City Council may choose to approve, not to approve, or modify the recommendations and may direct staff to return with additional information. Not approving is not recommended and would present the following alternatives:

1. Not approving Recommendation 1 would delay payment to the contractor of verified past -due invoices for services already performed during FY 2025-26; the City would also be unable to pay for unanticipated repairs or improvements to landscape districts, zones, and other areas.

2. Not approving Recommendation 2 results in the City's inability to perform landscape services to the areas in question and maintain landscaped areas in a safe and aesthetically pleasing condition.

Fiscal Considerations
Approval of this item will:
• Authorize a contract amount increase of $195,268 for verified past due landscape maintenance services;
• Authorize a contract amount of $1,169,148 for FY 2026-27; Funding for these requests will be paid through the applicable Landscape Maintenance Districts and Special Benefit Zones. There is no General Fund impact associated with these actions.

Impact on the Community
Approval of this item will allow the City to satisfy its financial obligations for landscape maintenance services already performed while ensuring continued maintenance of parks, medians, streetscapes, and other landscaped public areas throughout FY 2026-27.

These services contribute to the safety, appearance, and usability of public spaces maintained through the City's Landscape Maintenance Districts and Special Benefit Zones.

ATTACHMENT(S)
A. Resolution
B. Amendment No.2 to Agreement for Professional Services — JD Humann Landscaping, Inc.

C. 2025 Professional Services Agreement with JD Humann Landscaping, Inc.

D. List of Maintenance Areas and Pricing
3 Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,
APPROVING AMENDMENT NO. 2 TO AGREEMENT WITH
JD HUMANN LANDSCAPING, INC. APPROVING AN ADDITIONAL

INCREASE FOR LANDSCAPE MAINTENANCE SERVICES FOR EXTRA
SERVICES OF $195,268 FOR A TOTAL AMOUNT UP TO $785,268 FOR FISCAL YEARS 2025-26 AND 2026-27 AND APPROVE AN ADDITIONAL $86,000 FOR A TOTAL CONTRACT AMOUNT OF $1,169,148 FOR FISCAL YEAR 2026-27 TO PROVIDE LANDSCAPE SERVICES TO DISTRICTS:

NORTHWEST, NORTHEAST, SOUTHWEST, AND PORTIONS OF SOUTH MILLER /

SOUTH COLLEGE
WHEREAS, the City of Santa Maria entered into a Professional Services Agreement with JD Humann Landscaping, Inc. in July 2025 for the provision of landscape maintenance services throughout various Landscape Maintenance Districts and Special Benefit Zones within the City; and
WHEREAS, the agreement provides for routine landscape maintenance services, irrigation maintenance, and extra services as necessary to maintain City -owned landscaped areas; and
WHEREAS, City staff completed a review of outstanding Fiscal Year 2025-26 invoices and determined that an additional $195,268 is required to pay for verified landscape maintenance services previously performed by JD Humann Landscaping, Inc. and to close out the Fiscal Year (FY) 2025-26 contract; and WHEREAS, the new up -to contract amount for Extra Services for FY 2025-26 and FY 2026-27 is $785,268 to address unforeseen maintenance needs, irrigation repairs, storm damage, rehabilitation of landscaped areas, replacement of plant materials, and other Council -directed landscape improvements; and
WHEREAS, Staff recommends adding an additional $86,000 to the Fiscal Year 2026-27 contract authority for a total amount of $1,169,148 for routine landscape maintenance services within the Northwest, Northeast, Southwest, and portions of the Southeast Landscape Maintenance Districts, including the Enos Ranch Residential Special Benefit Zone, and Enos Ranch Commercial Special Benefit Zone; and WHEREAS, staff has determined that additional contract authority is necessary to address unforeseen landscape maintenance needs, irrigation repairs, plant replacement, storm -related damage, rehabilitation of aging landscape improvements, and other maintenance activities necessary to preserve City -maintained landscaped areas throughout the remainder of Fiscal Year 2026-27; and
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Page 1 of 3 ends

Attachment A
WHEREAS, funding for these contract amounts is available through the applicable Landscape Maintenance Districts and Special Benefit Zones, and there is no impact to the City's General Fund; and
WHEREAS, the City Council finds that approval of these contract amounts is in the best interest of the City and will ensure the continued maintenance, safety, and appearance of public landscaped areas while allowing the City to satisfy its contractual obligations.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. The City Council approves an amendment to the contract for an increase of $195,268 to the FY 2025-26 Landscape Maintenance Services Contract with JD Humann Landscaping, Inc. for verified landscape maintenance services previously performed and FY 2026-27 Extra Services for an amount up to $785,268.

SECTION 2. The City Council approves a Fiscal Year 2026-27 contract amount of $1,169,148 with JD Humann Landscaping, Inc. for routine landscape maintenance services within the following Landscape Maintenance Districts and Special Benefit Zones:
• Northwest District;
• Northeast District;
• Southwest District;
• Portions of the South Miller / South College District, including:
o Enos Ranch Residential Special Benefit Zone; and
o Enos Ranch Commercial Special Benefit Zone.

SECTION 3. Authorize the City Manager, or designee, to execute Amendment No. 2 and any other related documents necessary to implement the agreement.

SECTION 4. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

Page 2 of 3 ends

Attachment A
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.

ATTEST:

Chief Deputy City Clerk
Mayor

Page 3 of 3 ends

APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

Attachment B
AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES
This Amendment No. 2 to Agreement for Professional Services between J.D. Humann Landscaping, Inc., a California Corporation ("Contractor") and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:

1. J.D. Humann submitted a proposal (RP -2025-01) that the City deemed acceptable and has extensive knowledge and is qualified to provide the services needed and is willing to provide those services on mutually agreeable terms; and

2. The parties entered into an Agreement for Professional Services on July 1, 2025; and

3. On May 5, 2026, J.D. Humann was authorized to provide Extra Services of up to $450,000 per year under Exhibit "C" of the agreement. Staff directed J.D. Humann to perform approved landscape renovations throughout the City Landscape Maintenance Districts. This work has been performed and accepted by City staff; and

4. Additional Extra Services authorized in Exhibit C are necessary during the remainder of Fiscal Year 2025-2026 and during Fiscal Year 2026-2027 in the amount of $195,268; and

5. The City will continue to implement the landscape services contract with JD Humann landscaping, Inc. for Fiscal year 2026-2027 and will add newly assessed district and zones to the scope of services; and

6. To meet this obligation with added areas, the city needs to increase the base contract amount by $86,000 for Fiscal Year 2026-2027

7. Appropriate funds are available from the Landscape Districts accounts and there is no impact to the General Fund; and
NOW, THEREFORE, IT IS AGREED:

1. The not -to -exceed amount of $450,000 for Exhibit C Extra Work Services for Contract RP - 2025 -01 is increased to $645,268 for Fiscal Year 2025-2026 and Fiscal Year 2026-2027.

2. The base contract amount of $1,083,148 for Contract RP -2025-01 is increased to $1,169,148 for Fiscal Year 2026-2027.

3. The City Manager or designee is authorized to execute this agreement.

4. All other terms of the Agreement remain unchanged.

Atty. Rev. 2022

Attachment B
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

CONTRACTOR
J.D. Humann Landscaping, Inc.

Attn: John Humann
201 W. Broadway, Suite 122
Santa Maria, CA 93457
By:

Atty. Rev. 2022

CITY OF SANTA MARIA
Recreation and Parks Department
Attn: Ramon Galo, Director
615 S. McClelland
Santa Maria, CA 93454
By:

APPROVED AS TO FORM:

City Attorney
Risk Manager

AGREEMENT FOR SERVICES
(Citywide Landscape Maintenance Services)
THIS AGREEMENT is made on July 1, 2025, by and between J.D. Humann Landscaping Inc. and the City of Santa Maria, a California Municipal Corporation and charter City ("City"), in the Santa Maria, California, based on the following recitals:

1. The City is involved in the maintenance of certain public right-of-way areas in connection with the Landscape Maintenance Districts, Special Benefit Zones, retention basins, plazas, and parks throughout the City of Santa Maria; and

2. The City requires a duly qualified landscape contractor with experience in providing landscape maintenance services throughout the City of Santa Maria; and

3. J.D. Humann Landscaping Inc. is a firm having the necessary experience and qualifications to provide the landscape maintenance; and

4. The City has funds for the provisions and services of landscape maintenance; and

5. On April 22, 2025, the City issued a Notice Inviting Sealed Request for Proposals for provision and service of landscape maintenance (RP -2025-01); and

6. J.D. Humann Landscaping Inc. has submitted a Proposal that the City has deemed acceptable, has provided a staffing plan that has been deemed acceptable, has extensive knowledge and is qualified to provide the needed services, and is willing to provide those services on mutually agreeable terms; and NOW, THEREFORE, IT IS AGREED:

1. Recitals True. The above recitals are true.

2. General.

2.01 Term and Termination. The term of this contract is three years, beginning on the date first written above. This contract may be extended by the mutual consent of the parties for up to three consecutive one-year periods. This contract may be terminated for breach of its terms and conditions, or because of the discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice, as specified in this Agreement.

2.02 Services to be Performed. The "Scope of Work" is hereby attached as Exhibit "A". J.D. Humann Landscaping Inc.'s proposal, dated May 16, 2025, and consisting of a price quote, and an insurance certification, is attached hereto as Exhibit "B".

J.D. Humann Landscaping Inc. shall determine the method, details and means of providing service and delivery of landscape maintenance in the Landscape Maintenance Districts, Special Benefit Zones, and other City landscaped areas.

More specifically, J.D. Humann Landscapinc Inc. agrees to perform the specific services set forth in Exhibits "A", "B", "C", D", and "E". In its sole discretion, City may reduce or increase the scope of work upon 30 days written notice to Contractor.

Price shall be reduced or increased in proportion to the reduced or increased scope

of work on a time and materials or unit basis and shall be documented in a change order to this Agreement.

2.03 City's Duties. City's duties under this Agreement are to cooperate with J.D.

Humann Landscaping Inc.. in the performance of the Agreement and timely payment of invoices.

2.04 Payment and Liquidated Damages. City shall pay J.D. Humann Landscaping Inc. for the services provided under this Agreement in accordance with the prices quoted in Exhibit "B". Payment terms under this Agreement are listed in Exhibit "C".

Repairs to correct irrigation problems shall be performed within 24 hours of being notified either in writing or verbally of an irrigation problem. Special Requests for Weed Abatement, Trash Removal, Trimming, Mowing, and any other service contemplated in this agreement shall be performed within the timeline allocated to the Contractor by the City's Authorized Representative. If repairs are not made within the time period specified by the City's Authorized Representative, the City's Authorized Representative may, i) self- perform all or part of the work to resolve the issue and any restoration resulting from delays with City of Santa Maria Employees, and/or ii) outsource the repair, service, and restoration, etc. to another Licensed Contractor, and deduct the amount paid for labor and materials, plus penalties, and a 15% Administrative Expense from the monthly billing.

2.05 Insurance. J.D. Humann Landscaping Inc. shall provide insurance as set forth in Exhibit "D".

3. Contractor's Obligations.

3.01 Minimum Amount of Service. J.D. Humann Landscaping Inc. shall devote sufficient time to perform services under this Agreement efficiently and effectively.

J.D. Humann Landscaping Inc. may represent, perform services for, and be employed by additional individuals or entities at J.D. Humann Landscaping Inc. sole t./
PiiScretion, as long as the performance of these extra -contractual services dVG.n1 not i c' n interfere with or present a conflict with City's business.

3.02 Schedules. J.D. Humann Landscaping Inc. shall provide a work schedule specifically outlining the days of the week specific tasks listed in the scope of services will be performed. For example: litter pick-up, mowing, pruning, general maintenance, irrigation check, etc. This schedule must be approved by the City's Authorized Representative. All work performed shall be completed on the days indicated on the approved work schedule and can be changed only with the approval of the City's Authorized Representative.

3.03 Tools and Equipment. Except as otherwise stated in this Agreement, J.D.

Humann Landscaping Inc. will supply all tools and equipment necessary to perform this Agreement. All J.D. Humann Landscaping Inc. vehicles shall be easily identified by the public with a magnetic sign attached to each vehicle with the name of the company, phone number and a statement to the effect that the crew is under contract with the City of Santa Maria Landscape Maintenance Districts.

3.04 Status. J.D. Humann Landscaping Inc. (including its employees) is an independent contractor. No employer/employee relationship exists between J.D.

Humann Landscaping Inc. and the City. J.D. Humann Landscaping Inc. assigned

personnel shall not be entitled to any benefits payable to employees of the City. The city is not required to make any deductions or withholdings from the compensation payable to J.D. Humann Landscaping Inc. under this agreement.

3.05 License. J.D. Humann Landscaping Inc. must have a State of California C-27 Landscape Contractor License.

3.06 Indemnification. To the fullest extent allowed by law, J.D. Humann Landscaping Inc. shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative costs of alternative dispute resolution) regardless of nature or type that arises out of, pertain to, or relate to the negligence, reckless, or willful misconduct of J.D. Humann Landscaping Inc. or the acts or omissions of an employee, agent or subcontractor of J.D. Humann Landscaping Inc.. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

Attn. Alex Posada, Director
615 S. McClelland
Santa Maria, CA 93454
To Contractor:

Attn. John D. Humann, President
201 W. Broadway, Suite 122
Santa Maria, CA 93457
If the designated Representative or address of either party changes during the term of this Agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this Agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this Agreement.

4.03. Integration. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this Agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of Authority. Each person signing this Agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this Agreement are severable. If any part of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this Agreement, Contractor shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.

4.10 Prevailing Wage. Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the State prevailing wage rates with certified payroll Pursuant to CA Labor Code Section 1771 et seq., http: www.dir.ca.gov/PWD/index.htm The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein. Obtain the project D.I.R. number from the Recreation and Parks Special District Supervisor. Contractor shall follow all applicable requirements in Exhibit "E".

IN WITNESS WHEREOF, this Agreement is executed by the parties on the date first written above.

CONTRACTOR
J.D. HUMANN LANDSCAPING INC.,
a California Corporation
By:

B
hp'D. Humann, President
President
Daniel Wiggins
General Manager
CITY
CITY OF SANTA MARIA, a California Municipal
Corporation
By:

Alex Posada
Director of Recreation and Parks
ATTEST:

By:

Do na G. Sch adz
Chief Deputy City Clerk

EXHIBIT "A"

SCOPE OF WORK
Description
The landscape maintenance preserves and sustains the quality of the landscape. Landscapes are generally designed with a given style, formal or informal. Proper maintenance maintains the intended design concept.

Work Included
J.D. Humann Landscaping Inc. must have a working knowledge of the maintenance of turf areas, mowing requirements and operations, plant identification and pruning requirements, irrigation systems and repair, drainage systems and debris removal, post and pre -emergent application, fertilizer application, and other related work. J.D. Humann Landscaping Inc. shall keep City representative informed of areas needing any renovation including replenishing bark, dead or dying plant material or missing plant material.

Severability of Tasks
The City reserves the right of severability; any clause or task within these specifications may be deleted at the discretion of the Recreation and Parks Department. Adjustments to the contract costs will be made accordingly.

Quality Assurance
J.D. Humann Landscaping Inc. and/or employees must be properly licensed and registered to perform pest control work described below.

Site Conditions
Existing Conditions. J.D. Humann Landscaping Inc. shall inspecfC R gnti e site and be familiar with the requirements and growth habits of all existing plant material.

INITIAL
Environmental Conditions. J.D. Humann Landscaping Inc. shall immediately advise the Recreation and Parks Department of disease or pest problems and any r con itions, which may be detrimental to the condition of the landscape or fixtures therein. INITIAL Scheduling
Maintenance services shall be provided on a weekly basis, Monday through Saturday, between the hours of 7:00 a.m. and 6:00 p.m. J.D. Humann Landscaping Inc. shall provide to the City's Authorized Representative for approval, a work schedule specifically outlining on which days of the week specific tasks of the Agreement will be performed, for example: litter pick-up, mowing, pruning, general maintenance, irrigation check, etc. All work performed within the Agreement area shall be completed on the days indicated and can only be changed with the acknowledgement and approval of the Recreation and Parks Department representative.

J.D. Humann Landscaping Inc. shall submit a monthly report that indicates all the work that was performed within the contracted area, such as litter pick-up, mowing and edging, irrigation inspections, pesticide and herbicide applications, disease and pest control (as referenced in the RFP), to the City's Authorized Representative
Warranty

J.D. Humann Landscaping Inc. shall furnish all supervision, labor, materials, and equipment necessary for the complete maintenance of all landscaped areas.

Plant materials shall be maintained in a healthy and vigorous condition and allowed to grow and develop natural growth habits without being clipped into balled or boxed forms.

Irrigation and drainage systems shall be kept in good working order, and the general site kept clean, and free of litter, debris, or graffiti. This includes all drainage swales, inlets and outlets.

J.D. Humann Landscaping Inc. shall restore or replace any trees, shrubs, ground covers, lawn, perennials, annuals, or irrigation components damaged by J.D. Humann Landscaping Inc. action or lack of action. This includes lack of water or over -watering. Please note that these conditions should be noted when irrigation checks are performed.

J.D. Humann Landscaping Inc. is obligated to notify the City's Authorized Representative of any dead or dying plant material including vines, shrubs, groundcover or trees. J.D. Humann Landscaping Inc. shall be responsible for replacing any dead or dying plant material that was previously well - established with appropriate plant size (5 gallon plants/24" box trees).

J.D. Humann Landscaping Inc. shall not be responsible for the following, unless specifically agreed upon:

Replacement of plant material damaged or destroyed by storms, or other causes beyond J.D.

Humann Landscaping Inc. control.

Equipment
J.D. Humann Landscaping Inc. shall provide and maintain all equipment necessary to properly complete the maintenance work. Equipment shall be safe, proper, efficient, and suited to and for, the job. All cutting blades shall be kept properly sharpened. All equipment must have all required safety devices in place and fully operational.

PRODUCTS
Pesticides
Whenever possible, integrated pest management (IPM) should be used with the intent of minimizing the use of pesticides. All pesticides MUST be registered in the State of California and conform to all requirements of the California Food and Agriculture Code.

Herbicides
Least toxic products shall be considered. All herbicides MUST be registered in the State of California and conform to all requirements of the California Food and Agriculture Code.

EXECUTION
Trees
All tree maintenance/trimming shall be provided by the City of Santa Maria. No string trimmers or mowers are to be allowed closer than two feet from the trunk of trees. Herbicides, hand pulling and mulching are to be used to suppress weeds and grass as needed within the two foot radius.

Shrubs and Vines
Pruning

The general objectives for pruning shrubs and vines are to maintain growth within space limitations, to maintain a natural appearance, to eliminate diseased or damaged growth, and to select and develop permanent branches.

General pruning may be done at any time, but major pruning should be done no more than once a year.

Shrubs shall be pruned to conform to the design concept of the landscape.

Individual shrubs shall not be clipped into balled or boxed forms but allowed to exhibit their natural growth habits. Plants shall be pruned to conform to their natural growth characteristics whenever possible, except with the 50 -foot site view triangles at road intersections, where a 36 -inch height must be maintained.

Vines shall be pruned to control growth and direction and shall be kept "in -bounds" and not allowed to grow over walls, doors, gates, or other structural facilities. Vines shall be trimmed to within two blocks of the top of the walls. Ground vines shall not be allowed to cover the crowns of shrubs or grow up tree trunks.

To prevent leggedness (sparse lower branches), shrubs shall be maintained with the lower foliage wider than the upper foliage.

Ground Covers
Edging
Ground covers shall be edged up to four times a year, maximum growth will be six inches over adjacent concrete, and maximum pruning back will be to the edge of concrete.

Lawns
Mowing
Lawns shall be mowed weekly in season to provide a neat appearance. Abandoned lawn shall be kept trimmed and edged as needed without a specific schedule.

As a general rule, warm -season grasses are mowed shorter than cool -season grasses. Begin mowing at two and a half inches in the spring, and adjust to three inches by late summer and early fall. Avoid scalping during the growing season.

Edging/Weed-eating
All lawn edges shall be edged every two weeks throughout the year.

Obstacles within the lawn areas shall be edged to maintain a grass -free clear space of two inches in width.

Lawn sprinkler heads shall only be edged to allow for proper distribution of water.

Aerate lawns four times and dethatch one time each year in lieu of mowing as turf growth rate allows.

Irrigation Systems
General
The frequency and duration of irrigation shall be determined and monitored by the City's Authorized Representative. It is J.D. Humann Landscaping Inc. responsibility to inform the City's Authorized Representative of any dry areas or wet areas in a timely fashion.

All irrigation controllers should be programmed to run between the hours of 10:00 p.m. and 6:00 a.m. by the City's Authorized Representative.

J.D. Humann Landscaping Inc. shall perform inspections and notify the City's Authorized Representative of any irrigation problems.

System Maintenance
All replacement heads or parts shall be of the same manufacturer, type, and application rates as approved by the Recreation and Parks Department.

J.D. Humann Landscaping Inc. shall be required to make repairs to correct irrigation problems within 24 hours of being notified of an irrigation problem. If repairs are not made within the specified time period, the City's Authorized Representative shall outsource the repair and deduct the amount paid for labor and materials, plus penalties, from J.D. Humann Landscaping Inc. monthly billing.

J.D. Humann Landscaping Inc. shall be responsible for making repairs on all irrigation system lateral lines one inch or less in size. Any additional repairs larger than just stated shall be at the agreed upon irrigation rate which includes the cost of material plus 15 percent. A copy of the material invoice must accompany all billing invoices. This includes vandalism, accidents, and acts of God.

The irrigation system shall be flushed as needed if the irrigation checks demonstrate that a problem exists. The flushing shall be coordinated with the City's Authorized Representative. Irrigation checks must be noted on the monthly inspection sheets that are turned in to the Recreation and Parks Department. Random quality checks will be done throughout the year as referenced by the RFP.

Drainage Systems
Drainage systems must be routinely checked for blockage which could cause ponding, flooding, and excessive saturation of the soil and plant root zones.
�i irfare rlrainanc gtnialeg anal/nr rri i++crs shaII be ken+ free of Ie��ee rlehrie mow.. �.w«VI V V V�./\ V 1 VM V VV, VVNI IV,
accumulations.
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sediment
V V W I I I I C I I I.

Disease and Pest Control
All chemicals MUST be applied under the strict supervision of a California Department of Pesticide Regulation licensed and qualified pest control applicator, per the manufacturers' recommended label application procedures, and the laws regulating pesticide application. Integrated pest management (IPM) shall be used whenever possible and least toxic materials used.

Plants and lawns shall be maintained in healthy condition such that they are able to withstand minor disease and insect damage without controls. Routine applications of pesticides are not permitted, as this practice destroys natural, predator -prey relationships in the environment.

In general, incidence of serious disease and insect problems shall be minimized by proper fertilization and irrigation practices. Where unusually high infections or infestations occur, an accurate identification of the disease or insect shall be made and the control product selected with care, prior to application.

Insecticidal soaps shall be utilized wherever possible.

Rodents such as gophers, mice, ground squirrels and rabbits shall be trapped or controlled with approved baits.

J.D. Humann Landscaping Inc. shall use PPE (Personal Protection Equipment) at all times when applying pesticides.

Weed Control
Use of Herbicides — Herbicides may be used to control and inhibit weed growth, but must be selected with extreme care. Pre -emergent, contact, and translocation herbicides are available. Some herbicides can cause damage to plant material. Herbicides must be applied in strict accordance with manufacturers' label application procedures. The name, quantities and location of all herbicides applied, shall be given to the City's Authorized Representative.

Shrub and Ground Cover Areas — Shrub and ground cover areas shall be maintained free of weeds and grasses. Herbicides may be used to control weed growth. Careful consideration shall be given to the choice of materials used, since certain herbicides can cause damage to turf grass and some ground covers.

Lawns
Weed infestations shall be discouraged by proper maintenance, including but not limited to proper mowing, proper watering, and proper fertilization.

Any and all deficient practices shall be corrected.

Before selecting and applying herbicides to lawns, the type of weed shall be carefully identified.

Herbicides shall be used as little as possible. Only when necessary shall herbicides be used as a means of swinging the weed -grass competition in favor of the turf grass.

Other Weed Control — Weeds shall not be allowed to grow in paved areas such as driveways, curbs, walks, and paths. Weeds can be removed manually, or herbicides may be used for control. The use of weed oil, diesel fuel, or other staining or damaging materials is not allowed. Dead weeds shall be removed from all pavements.

J.D. Humann Landscaping Inc. shall use PPE (Personal Protection Equipment) at all times when applying herbicides.

Debris Removal
Litter and trash including but not limited to leaves, rubbish, papers, bottles, cans, and other debris shall be removed from all areas of the site one time per week on Monday or Tuesday. This shall include emptying of all trash cans and waste cans at doggie bag stations.

Doggie bags shall be replaced in their appropriate containers. The bags shall be supplied by the City's Authorized Representative.

J.D. Humann Landscaping Inc. shall remove all unapproved signage, such as "For Sale", "For Rent" and "Garage Sale" signs, etc. when observed within all public easement areas. Do not remove any political signage.

Graffiti removal from play equipment. Specification for removal shall be provided by the City's Authorized Representative. Graffiti other than on play equipment along with shopping carts shall be immediately reported via phone to (805) 925-0951, extension 2667.

Homeless encampments shall be immediately reported to the City's Authorized Representative.

All refuse from the maintenance operation shall be disposed of properly.

Additional
J.D. Humann Landscaping Inc. shall provide to the City's Authorized Representative the name and phone number of the individual responsible for this Agreement between the hours of 7:00 a.m. and 6:30 p.m.

All work that is considered to be an extra and/or addition to the original Agreement including the replacement of any dead or dying plant material must be clearly described in writing through a Task Order and approved by the City's Authorized Representative, prior to performing the work in order to receive payment. At no time shall J.D. Humann Landscaping Inc. engage in any work that is considered beyond the scope of the original Agreement without written approval. All additional work shall include the cost of materials, hourly rate, time required to perform the repair and total, charges will follow rates provided on Exhibit "B."
J.D. Humann Landscaping Inc. shall provide a 24 -hour emergency phone number and name of two (2) contact individuals. These individuals shall be able to be reached in the event of an emergency between 6:30 p.m. and 7:00 a.m. Should the phone number or contact persons change during the course of the Agreement, those changes must be provided to the City's Authorized Representative.

EMERGENCY CONTACTS:

Name: Daniel Wiggins, General Manager, [email protected] Phone Number: 805-878-9808
Name: Armando Reyes
Phone Number: 805-260-4851
Name: Jorge (Angel) Hererra
Phone Number: 805-310-1314

APPROVED AS TO FORM:

Risk Manager

5 EXHIBIT "B"
Price Quote and Insurance Certification

1. Contractor's Price Quote

2. Contractor's Proof of insurance

EXHIBIT "B" (CONTINUED)
T

NORTHWEST LANDSCAPE MAINTENANCE DISTRICT
COST
PER SF
TOTAL
SQ. FT.

ANNUAL COST
1 Hidden Pines —easement frontage 400-600 Hidden Pines Way $ 0.21
21,011
$ 4,412. 31
2 Oak Valley— Taylor frontage (does not include school); Rancho Verde, Via Establo to Blosser, North Railroad at the 1900 block between Rancho Verde and Taylor
$ 0.21
97,275
$ 20,427.75
3 Blosser Medians —100 North Blosser Road and 1100 West Main Street
$ 0 21
2,392
$ 502.32
4 Villas de la Sara — West Morrison and Oakley Avenue
$ 0.21

6.340
$ 1.331.40
5 Riverside Estates —frontage on Preisker Lane and Hidden Pines Way
$ 0.21
8,412
$ 1,766.52
6 Parkside — frontage on Preisker, parking lot, and playground $ 0.21
9,912
$ 2,081.52
7 Parkside Basin— grassy basin at Portland Drive and Preisker $ 0.21
20:776
$ 4,362.96
8 100 West Main Street — median
$ 0.21
1,944
$ 408.24
9 Railroad Median -Paved median c _
$ 0.21
600
$ 126.00
10 Cook Street Annex & Fire Station 1
$ 0.21

9.945
$ 2,088.45
11 Bradley Channel Multi -Purpose Trail —from Railroad to Preisker Park- all paved
$ 0.21
14,000
$ 2,940.00
12 Sanchez School — area from black rod iron fence to 3 feet east of the sidewalk on Depot
$ 0.21
12,120
$ 2,545 20
13 Blosser/Donovan Median — on Blosser south -paved median $ 0.21
1,610
$ 338.10
14 Southeast comer of Depot and Morrison
$ 0.21
1,500
$ 315-00
15 Downtown medians — Broadway Medians from Fesler Street going south to the front of the Library; East and West Cook Street Medians; South Pine Street from Main Street to Cook Street; East Main Street Medians; 100 North McClelland Median; South Miller Medians from Main Street to Cook Street
$ 0.21
21,022
$ 4,414.62
16 TCW - mall perimeter, some interior, and Ruffoni parking lot including Heritage Walk
$ 0.21
88,352
$ 18,553.92
18 TCW - Interior planters
$ 0.21
30,500
$ 6,405.00
18 Fire Station #3 - Preisker Lane

0.21 38,504
$ 8,085.84
19 Machado Plaza
$ 0.21
21,336
$ 4,480.56
20 Preisker Parking Lot
$ 0.21
28,000
$ 5,880.00

TOTAL NORTHWEST
$ 0.21
435,551
$ 91,465.71

NORTHWEST SPECIAL BENEFIT ZONES (SBZ)
COST
PER SQ.

FT.

TOTAL
SO. FT.

ANNUAL COST
a.

Cherry Blossom SBZ — frontages on Railroad and Hidden Pines including the medians and the pedestrian access on Railroad $ 0.21
51,900
$ 10,899.00

TOTAL CHERRY BLOSSOM
$ 0.21
51,900
$ 10,899.00
b.

North Preisker Ranch SBZ — frontages on Atlantic, Blosser (both sides), Canal (both sides), Railroad (up to wall), Boxcar and Caboose, path on Eagleton, both roundabouts and all entry medians. $ 0.21
243,867
$ 51,212.07

TOTAL NORTH PREISKER RANCH
$ 0.21
243,867
$ 51,212.07

NORTHWEST TOTAL COST
$ 0.21
731,318
$ 153.576.78

EXHIBIT "B" (CONTINUED)

NORTHEAST LANDSCAPE MAINTENANCE DISTRICT
COST
PER SF
TOTAL
SQ. FT.

ANNUAL COST
1 Emerald Park - shrubs on College near Donovan
$ 0.21
8,893
$ 1,867.53
2 Emerald Basin - Grassy basin on Colle e near Donovan
$ 0.21
11,547
$ 2,424.87
3 Donovan Medians
$ 0.21
9,504
$ 1,995.84
4 Riverside Terrace -1800 block of Bayview Drive, open space on Seaward and around Basin on Kathryn _
$ 0.21
134,777
$ 28,303.17
5 Riverside - Grassy basin on Kathryn
$ 0.21
24,686
$ 5,184.06
6 Shields/ Cochiolo -1600 block Suey Road - frontage on Suey and Donovan, frontage on Antone, Floyd Court
$ 0.21
61,476
$ 12,909.96
7 _
Suey Basin - Grassy basin on Suey near Antone
$ 0.21
14,774
$ 3,102.54
8 Sierra Vista - frontage on Panther and Centennial, basin at the corner of Panter and Centennial and breezeway off Mammoth $ 0.21
40,000
$ 8,400.00
9 Rowland Estates - Shrubs and playground
$ 0.21

12.332
$ 2,589.72
10 Rowland Basin- includes weedy basin
$ 0.21
_ 4,656
$ 977.76
11 Canyon Homes - 1400 East Donovan Road enterance
$ 0.21
3,764
$ 790.44
12 Olive Garden - 1200 South Bradley median
$ 0.21
2,900
$ 609.00
13 Hancock College ---g00 South Bradley median
$ 0.21
3,064
$ 643.44
14 Bradley Easement - south of Main Street to Jones Street $ 0.21
14,718
$ 3,090 78
15 Transit Center
r
$ 0.21
70993
$ 14,908.53
16 Hancock Terrace Bike Path -Miller to College
$ 0.21
30,000
$ 6,300.00
17 800 E Jones median- Paved island_
$ 0.21
462
$ 97.02
18 Pepper Tree Medians - north of Donovan Road on Broadway $ 0.21
3,456
$ 725.76
19 Stowell Road Easement - east of Miller Street
$ 0.21
13,492
59,513
$ 2,833.32
$ 12,497.73
20 Alvin Overpass
$ 0.21
21 North Bradley Ivy - Fesler Junior High easement area $ 0.21
15,493
$ 3.253.53
22 Donovan/Miller Median 4—$

0.21 10.310
$ 2,165.10
23 Via Rubio - Jewel Street only
$ 0.21
4,836
$ 1,015.56
24 Donovan Overpass
$ 0.21
67,751
$ 14,227.71
25 Ppervwod Median
$ 0.21
1,819
$ 381.99
26 East Main Street & 101 -weedy shoulder
$ 0.21
7,301
$ 1,533.21
27 Bradley at Elks
$ 0.21
22,310
$ 4,685.10
28 Downtown medians - Broadway Medians from Fesler Street going south to the front of the Library; East and West Cook Street Medians; South Pine Street from Main Street to Cook Street; East Main Street Medians; 100 North McClelland Median; South Miller Medians from Main Street to Cook Street
$ 0.21
21,022
$ 4,414.62
29 TCE - mall perimeter includes bus turnout, theater, Macy's parking lot and pocket park at Main & Broadway
$ 0.21
186,393
$ 39,142.53
30 TCE--Sears Parking Lot
$ 0.21
35,290
$ 7,410.90
31 Fire Station # 5
$ 0.21
32,997
$ 6.929.37

TOTAL NORTHEAST
$ 0.21
930,529
$ 195,411.09

NORTHEAST SPECIAL BENEFIT ZONES (SBZ)
COST
PER SQ.

FT.

TOTAL
SQ. FT.

ANNUAL COST
a.

Donovan Estates SBZ - includes frontage, basin, tot lot and emptying trash cans
$ 0.21
25,586
■
$ 5,373.06
Donovan Estates Basin- includes grassy basin
$ 0.21
11,652
$ 2,446.92

DONOVAN ESTATES TOTAL
$ 0.21
37,238
$ 7,819.98
b
Rivergate Roemer SBZ - includes all of River Oaks North, College Estates, and Princess Estates easement and medians (Seaward, Paden, Carlott, Borges, the Bradely Channel and the walled area behind the homes on Mariah)
$ 0.21
163,936
$ 34,426 56

EXHIBIT "B" (CONTINUED)

RIVERGATE ROEMER TOTAL
$ 0.21
163,936
$ 34,426.56
c.

Suey/Donovan Median SBZ - on Donovan between Suey and Suey Crossing
$ 0.21
33,725
$ 7,082.25

DONOVAN/SUEY MEDIAN TOTAL
$ 0.21
33,725
$ 7,082.25
d
La Ventana SBZ - includes frontage on Main Street, both sides of Panther, both sides of Panter Drive to Willingham, Dressler and shrub portion of basin
$ 0.21
106,042
$ 22,268.82
La Ventana Basin- includes weedy basin
r$ 0.21
45,112
$ 9,473.52

LA VENTANA TOTAL
$ 0.21
151.154
$ 31.742.34

I NORTHEAST TOTAL
$ 0.21.
1,316,582
$ 276,482.22

EXHIBIT "B" (CONTINUED)

SOUTHWEST LANDSCAPE MAINTENANCE DISTRICT
COST
PER SF
TOTAL
SQ. FT.

ANNUAL COST
1 Terrace Park — 500 to 600 West Carmen Lane. This includes the frontage on Carmen, both sides of Depot and the slope at the end of Depot but not the area that extends behind the homes it is the $ 0.21
14,401
$
3,024.21
responsibility of the HOA.
2 Fire Station II — 400 West Carmen Lane frontage and interior, including easement on South Thornburg Street & slope
$ 0.21
7,631
$
1,602.51
3 West Betteravia Median —100 block West Betteravia Road $ 0.21
1,200
$
252.00
4 Country Club Village III — frontage on West McCoy Lane, entry medians, La Costa Basin/Marilyn Stanley Park, La Costa Breezeway — across from the basin/park site - breezeway off Castlerock leading to Hagerman bike trail
$ 0.21
135,986
$
28,557.06
5 Foxenwoods Country Club Estates — 800 to 1100 West McCoy Lane $ 0.21
47,401
$
9,954.21
6 Santa Barbara Research Median — median on South Blosser Road $ 0.21
2,392
$
502.32
7 Skyway Drive Medians — all medians on Skyway Drive
$ 0.21
104,031
$
21,846.51
8 Battles Bike Path —west of Broadway
$ 0.21
14,000
$
2,940.00_
9 Santa Maria Police Department
$ 0'21
10,750
$
2,257.50
$ 0.21
$
10 SMAT Station
$ 0.21
32,715
$
6,870.15
11 Blending Station — Fairway and Skyway Drive
$ 0.21
1,940
$
407.40
12 Paseo del Sol — frontages on South Westgate, South A, Carmen and West Via Rosa, and medians on Betteravia
$ 0.21
56,103
$
11,781.63
13 Paseo del Sol Basin —at Carmen and A Street (empty trash cans) $ 0.21
45,572
$
9,570.12
14 Hagerman Bike Path - west of Hagerman Complex — paved path �$ 0.21 68,800
$
14,448.00
_
15 Westridge —frontages and median on Carmen and basin/playground $ 0.21 I
44,613
$
9,368.73
16 Westridge Basin —along Via Rosa
$ 0.21 t
37,240
$
7,820.40
17 Skyway and Foster Road Bike Path -paved path
$ 0.21
106,984
$
22,466.64
18 Medians on Betteravia east and west of Blosser
$ 0.21
9,968
$
2,093.28
19 BlosserlStowell Medians -Paved medians
$ 0.21
5,104
$
1,071.84
20 South Broadway Medians — south of Stowell to Betteravia $ 0.21
34,387
$
7,221.27
21 Parkland Cottages - McCoy frontage
$ 0.21

10.943
$

2.298.03
22 Union Valley Parkway
$ 0.21
265,000
$

55.650.00
23 Union Valley open space
$ 0.21
40,075
$

8.415.75
24 Foxenwoods Estates
$ 0.21
30,000
$
6,300.00
25 _
VTC Frontage
$ 0.21

11.076
$
2,325.96
26 Dal Porto
$ 0.21
3,006
$

TOTAL SOUTHWEST
$ 0.21
1,141,318
$
_631.26
239,676.78
COST
PER SQ.

FT.

TOTAL
SQ. FT.

ANNUAL COST
a.

Westgate Ranch SBZ — frontages along Battles, A Street, Westgate, Carmen, Sonya and Blosser, medians on Carmen and the
roundabout by the school and both multi -purpose trails and parkways along Park & in front of building.
$ 0.21
367,536
$
77,182.56

WESTGATE RANCH TOTAL
$ 0.21
367,536
$
77,182.56
b.

Coyway SBZ — on the comer of W. McCoy and Professional
Parkway
I $ 0.21
21,726
$
4,562.46
Coyway Basin -- Grassy basin at W. McCoy and Professional Parkway
$ 0.21
13,349
$
2,803.29

EXHIBIT "B" (CONTINUED}

COYWAY BASIN TOTAL
$ 0.21
35,075
$
7,365.75
c
Cherrywood SBZ — Frontages on Carmen, Depot, Sonya and
Thornburg, pathway on Flora and the pocket park on Thornburg «
$ 0.21
22,151
$
4,651.71

TOTAL CHERRYWOOD
$ 0.21
22,151
$
4,651.71
d.

Acquistapace SBZ —limits are frontages of Blosser, Sonya, Carmen and Western both sides of pathway, Biscayne and Pergola; Blosser median and frontage of Carmen open space _
$ 0.21
129,217
$
27,135.57
Sonya Basin — Grassy basin along Sonya
$ 0.21
268.935
$
56,476.35
Acquistapace Park —Park borered by Western, Sony, the basin and school
$ 0.21
63,314
$
13,295.94

ACQUISTAPACE TOTAL
^ $ 0.21
461,466
$
96,907.86
$
-
e.

Rose Garden Village SBZ (Estates at Pacific Crest)
$ 0.21
310,157
$
65,132.97
Centennial Garden — Corner of Battles & Depot
$ 0.21

64.874
$
13,623.54

ROSE GARDEN VILLAGE TOTAL
$ 0.21
375,031
$
78,756.51
f
Village at Westgate Ranch SBZ —frontages of La Brea, Sonya, Marsala, Westgate, and Battles to A Street
$ 0.21
345,107
$
72,472.47
Battles linear basin bottom —weedy ditch from Blosser to county flood control basin
$ 0.21
92,529
$
19,431.09
Blosser Median-Blosser from La Brea to Battles
$ 0.21
15,079
$
3,166.59

VILLAGE AT WESTGATE RANCH TOTAL
$ 0.21
_
452,715
$
95,070.15
-
g.

C-4 Development ( Basin at McCoy )
$ 0.21
32,609
$
6,847.89
C-4 DEVELOPMENT TOTAL i
$ 0.21
32,609
$
6,847.89
h.

Betteravia Plaza — Carmen, Betteravia, and Blosser
$ 0.21
222,048
$
46,630.08

BETTERAVIA PLAZA TOTAL
$ 0.21
222,048
$
46,630.08

SOUTHWEST TOTAL COST
$ 0.21
3,109,949
$
653,089.29

EXHIBIT "B" (CONTINUED)
Extra's Price List
Unit cost for the complete purchase and installation of the items listed below. Truck and personnel rates will be used for projects that the unit pricing does not cover. 1 gallon plant installed
5 gallon plant installed
15 gallon tree installed
24" box tree with staking installed
Flat of Gazania ground cover installed
I cubic yard of died wood chip `bark' installed
Support truck per hour
Crew member per hour
Foreman/Specialist per hour
$15.00
$28.00
$165.00
385.00

45.00 $105.00
$15.00
$45.00
$55.00
This list will qualify Contractor for small repair and maintenance projects without the need for bid proposals.

CORD
EXHIBIT "B" (CONTINUED)

CERTIFICATE OF LIABILITY INSURANCE
DATE IMMIDOfYYYY)
09/11/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER.

IMPORTANT. If the certificate holder Is an ADDITIONAL INSURE/], the prlllcylles) mutt hove ADDITIONAI INSIJRFD provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In Ileu of such ondorseinenl(a),

PRODUCER
Brc',vn 8 Brow Retail Insurance Scree,
/'dense e0F56iE0
1001 Mark Averue Sure 201
Carr+,mena CA 93013
(T lTAcr
NAVE LRure Decker
1''"i'✓4E (605; 965-0071 !A'r _ la!,,, 630 3200
A.••, 19. EnL Lilr..r°1
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Vet K'E'NT —
Iruurtcplsl Art' Dnono; CO?ERAGF
NAIL!
INSUIFR A Grernw,cn Insurance Company

7..7,1

INSURED
J D Humane Landscaping Inc
PO Box 2205
Santa Maria CA 93457
„soma a F,rnc4oyers Assurance Company
25402

WEARIER
INSIASEI ri
INSISTER E _ - -
INSuRERF

COVERAGES
CERTIFICATE NUMBER: 24125 O1 xs
REVISION NUMBER:
-1-Ils IS TO _ , I ' THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 1O THE INSURED NAMED ABOVE F OR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEC 1 TO ALL THE TEEMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSMgr- L

TYPE OF INSURANCE
arsut.

IN'S,
'learn

POLICY NUMBER
1MaDtIn YYYt
IlarADINYf Yt
LIMITS
COMMERCIAL GENERAL LIAB1UTY
ta1�, OQCCGURRkP CE
a 1000,000
0 LARIS-MADE X1
iiA/1ADE II, lholtED
=REMISI'r,S•Fi«` _
f 100 000
OCCUR
Policy contains on OCIP Exclusion
U813 IA /Y PR.,
S 5,000
A
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NPC100737801
05/27/2024
05/27/2025
:,e4er.NaLaAov:.,, P.
1 1.000000

APPLJES PER
GEIIER?,.AfiCA e'��E
2 000.000
f
_=
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❑
PROD rTS • CJ.rP�.n Ac4
f 2000000
POLIZY ry JEa LOC
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I AUTOMOBILE UABILrTY
to P rnu3 ..4 .. ,T.

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ANY AUTO
BODILY INJURY (Pe' venom
5 �^
OWNED
--.--.

SCHEDULED
BODILY INJURY (Per acodentI
5 AUTOS ONLY
HIRED
_
AUTOS

NON -OWNED
FUOFEIlY r 6lI+r -C
anacan ew"r}_
S
H

AUTOS ONLY
_,AUTOS
ONLY
S
UMBRELLA !JAB

EACH OCCURRENCE
S 2,000,000
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I

EXCESSIJAB
OCCUR
NECBUUi329(ii
05/27/2024
05(27/2..25
;,�REGA1B
7 ?m_7/ non
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CUL!MSMADEi
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nFr. ! I RETENTION s
-
-
PEA Orr: T-6

WORMERS COMPENSATION
X slAtuTE EA

AND EMPLOYERS LIABEJTY YIN
09/11/2025
1,000,000
E6EACIAC;IDEt.r 1
B
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E L DISEAR . Esc Esu�LV � EE I 1 1100 000
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El DISEASE POL1(:LLIMIT a 1,000000
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JE-ssavr}.'A or OPERATIONS

DESCRIPTION
Re
City
20 ID
19,
auntrae.i
OF OPERATIONS I LOCATIONS /VEHICLES IACORD 101. Additional Rom.rsa Modulo. racy be attached d more apace is required) 1Resoultran No 2000-91 Landscape MartllEnerICa SBIV109. Landscape Maintenance Dletricls and Special Benefit Zones, SAABS Wants, CA or Santa Mime. its arcers. officials. employees and volunteers are Included es Additional Insureds under the General Liability poi the attached forms CC 1219 and CC 2027 12 19. BB required by wrate••n ccnlra00. General Liability *icy Is Primary end Nnn-ConUlbulo4V par the attached brim CG 20 01 12 rs regtmed by wrraan caramel Waiver of SubmQabor, app;it,s to the Geneds) Liabwily par the attached form X41436 1208, as requireo by wnaon Abbott al CanDella♦tar, par policy provisions.

CERTIFICATE IlULDE
City of Santa Mena
Recreation 8 Pence Department
515 South McClelland Street
Santa Marie
CA 93444

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
uTH0ltttEP REPRESENTA
m 1966-2016 ACORD CORPORATION. All rights reserved.

ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD

EXHIBIT "C"

PAYMENT TERMS
J.D. Humann Landscaping Inc. fees and compensation: amount, how, and when payable. J.D.

Humann Landscaping Inc. agrees that for all work and services, including supplies and equipment, pertaining to the Landscape Maintenance Services and required to be furnished by J.D. Humann Landscaping Inc. to the City, that City agrees to pay to J.D. Humann Landscaping Inc., and J.D. Humann Landscaping Inc. agrees to accept and receive as payment in full the fees as set forth below:

AREA

UNIT COST
UNITS _

NOT TO EXCEED
Northwest District
$0.21/SF
731,318 SF _
$153,576.78
Northeast District
$0.21/SF
1,316,582 SF
$276,482.22
Southwest District
$0.21/SF
3,109,949 SF
$653,089.29
Extra Services
See "Extra" Pricier
-
$350,000.00
SF = Square Feet
TOTAL CONTRACT VALUE = $1,433,148.29
Extra Services All work that is considered to be an extra and/or addition to the original Agreement including the replacement of any dead or dying plant material must be clearly described in writing through a Task Order and approved by the City's Authorized Representative, prior to performing the work in order to receive payment.

Monthly Progress Billing. J.D. Humann Landscaping Inc. shall furnish City with an itemized monthly progress billing for all services rendered. Such progress payments shall be due and payable by the City to J.D. Humann Landscaping Inc. within thirty (30) days after presentation of the approved invoices, expect one week for approval.

Separate billing sheets shall be submitted for each individual Landscape Maintenance District and Special Benefit Zone. Do not combine any special Benefit Zone even if they are within the same Landscape Maintenance District. Payment of any individual billing sheet may be delayed until completion of any unmet scheduling commitments.

J.D. Humann Landscaping Inc. agrees to pay penalties automatically deducted from monthly billing as detailed in Section 2.04
J.D. Humann Landscaping Inc. has the right to dispute penalties imposed by the Special District Supervisor or his/her representative, by written response to the notification of said penalties within five (5) working days from the date of notification.

EXHIBIT "D"

INSURANCE REQUIREMENTS
J.D. Humann Landscaping Inc. shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by J.D. Humann Landscaping Inc., his/her agents, representatives, or employees. If J.D. Humann Landscaping Inc. maintains broader coverage and/or higher limits thanthe minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001), including products and completed operations, property damage, bodily injury and personal &advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

Minimum Limits of Insurance
J.D. Humann Landscaping Inc. shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Worker's Compensation: Statutory limits.

4. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability -$1,000,000 per occurrence or claim, $2,000,000 aggregate Self -insured Retentions

Self -insured retentions must be declared to and approved by the City. The City may require the J.D. Humann Landscaping Inc. to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of J.D. Humann Landscaping Inc. including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to J.D. Humann Landscaping Inc. insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, J.D. Humann Landscaping Inc. insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return - receipt requested.

4. J.D. Humann Landscaping_ Inc. hereby grants to City a waiver of any right to subrogation which any insurer of said J.D. Humann Landscaping Inc. may acquire against the City by virtue of the payment of any loss under such insurance. J.D.. Humann Landscaping Inc. agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims -made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, J.D. Humann Landscaping Inc. must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless

otherwise acceptable to the City.

Verification of Coverage
J.D. Humann Landscaping Inc. shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive J.D.

Humann Landscaping Inc. obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

Special Risks or Circumstances
The city reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

EXHIBIT "E"

PREVAILING WAGE
The terms of this Agreement apply to all public works projects for over $1,000.

For purposes of this Exhibit, "Public Works" includes any project of a type defined in California Labor Code section 1720 when paid for in whole or in part by public funds. These projects include:
construction, alteration, demolition, installation, or repair work done under contract. For purposes of this definition, "construction" includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this definition, "installation" includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.

Pursuant to California Labor Code sections 1720 and 1771, constructions alteration, demolition, installation, repair and maintenance work performed under this Agreement is subject to State prevailing wage laws. State prevailing wage laws require certain provisions be included in all contracts for public works. The Contractor and any subcontractors shall comply with all applicable State prevailing wage laws, whether included in this agreement or inadvertently omitted, including but not limited to the requirements listed below:

1. Compliance with Prevailing Wage Requirements. Pursuant to California Labor Code sections 1720 through 1861, the Contractor and all subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR). This includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including but not limited to inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post - construction phases of construction, including but not limited to all cleanup work at the jobsite.

1.1. Copies of such prevailing rate of per diem wages are on file at the City Public Works Department and are available for inspection to any interested party on request. Copies of the prevailing rate of per diem wages also may be found at
htto:// www.dir.ca.crov/OPRL/DPreWacieDetermination.htm . The Contractor and all subcontractors shall post a copy of the prevailing rate of per diem wages determination at each job site and shall make them available to any interested party upon request.

1.2. The wage rates determined by the DIR refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, then the published rate of wage shall be in effect for the life of this Agreement. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the DIR, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Agreement in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this Agreement, each successive predetermined wage rate shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.

2. Penalties for Violations. The Contractor and all subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under California Labor Code sections 1720 through 1861.

3. Payroll Records. The Contractor and all subcontractors shall comply with California Labor Code section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. The Contractor shall require all subcontractors to also comply with section 1776. The Contractor and all subcontractors shall furnish records specified in section 1776 on a monthly basis, both to the City and directly to the Labor Commissioner in the manner required by California Labor Code section 1771.4. The Contractor shall ensure its subcontractors prepare and submit payroll records to the City and the DIR as required by this section. The City may require the Contractor and its subcontractors to prepare and submit records specified in section 1776 to the City and the Labor Commissioner on a weekly basis, at no additional cost to the City.

4. Apprentices. The Contractor and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices. The Contractor is responsible for compliance with this section for all apprentice able occupations pursuant to California Labor Code section 1777.5(n).

5. Working Hours. The Contractor and all subcontractors shall comply with California Labor Code sections 1810 through 1815, including but not limited to: (i) restrict working hours on public works contracts to eight hours a day and forty hours a week, unless all hours worked in excess of 8 hours per day are compensated at not less than 11/2 times the basic rate of pay; and (ii) specify penalties to be imposed on contractors and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.

6. Required Provisions for Subcontracts. The Contractor shall include, at a minimum, a copy of the foUowing provisions in any contract they enter into with a c1 ihi+ontractor• California Labor rode •y �+. � ..�.�.. ) �enter v with u u uvw� . vu�v� i � vv� vvuw. sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.

7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the Contractor is required to secure the payment of compensation of its employees. By signing the Agreement, to which this is an exhibit, the Contractor certifies that:
"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement."

8. Compliance Monitoring and Enforcement. This project is subject to compliance monitoring and enforcement by the DIR. The City must withhold contract payments from the Contractor as directed by the DIR, pursuant to California Labor Code section 1727.

Labor Code sections 1771.1 and 1725.5. The Contractor shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City's request.

10. Stop Order. Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered contractor or subcontractor on ALL public works until the unregistered contractor or subcontractor is registered. Failure to observe a stop order is a misdemeanor.

Attachment D

ATTACHMENT A - FEE/SITE SHEET

NORTHWEST LANDSCAPE MAINTENANCE

DISTRICT
COST
PER SQ.

FT. ANNUAL
TOTAL SQ.

FT.

COST
1 Hidden Pines - easement frontage 400-600 Hidden Pines Way $ 0.21
21,011
$ 4,412.31
2 Oak Valley - Taylor frontage (does not include school); Rancho Verde, Via Establo to Blosser, North Railroad at the 1900 block between Rancho Verde and Taylor
$ 0.21
97,27
$ 20,427.75
3 Blosser Medians - 100 North Blosser Road and 1100 West Main Street
$ 0.21
2,39
$ 502.32
4 Villas de la Sara - West Morrison and Oakley Avenue
$ 0.21
6,34
$ 1,331.40
5 Riverside Estates - frontage on Preisker Lane and Hidden Pines W, $ 0.21
8,41
$ 1,766.52
6 Parkside - frontage on Preisker, parking lot and playground $ 0.21
9,91
$ 2,081.52
7 Parkside - grassy basin at Portland Drive and Preisker $ 0.21
20,776
$ 4,362.96
8 100 West Main Street - median
$ 0.21
1,94
$ 408.24
9 Railroad Medians -Paved median
$ 0.21
60 $ 126.000
10 Cook Street Annex & Fire Station 1
$ 0.21
9,945
$ 2,088.45
11 Bradley Channel Multi -Purpose Trail - from Railroad to Preisker Park -all paved
$ 0.21
14,000
$ 2,940.00
12 Sanchez School - area from black rod iron frence to 3 feet east of the sidewalk on Depot
$ 0.21
12,120
$ 2,545.20
13 Blosser/ Donovan Median - on Blosser south of Donovan- paved median
$ 0.21
1,610
$ 338.10
14 Southeast corner of Depot and Morrison
$ 0.21
1,500
$ 315.00
15 Downtown medians - Broadway Medians from Fesler Street going south to the front of the Library; East and West Cook Street Medians; South Pine Street from Main Street to Cook Street; East Main Street Medians; 100 North McClelland Median; South Miller Medians from Main Street to Cook Street
$ 0.21
21,022
$ 4,414.62
16 TCW - mall perimeter, some interior, and Ruffoni parking lot including Heritage Walk
$ 0.21
88,352
$ 18,553.92
17 TCW-Internal planters
$ 0.21
30,500
$ 6,405.00
18 Fire Station #3- Preisker Lane
$ 0.21
38,504
$ 8,085.84
19 Machado Plaza
$ 0.21
21,336
$ 4,480.56
20 Preisker Parking -Addendum #4
$ 0.21
28,000
$ 5,880.00

TOTAL NORTHWEST
$ 0.21
435,551
$ 91,465.71
NORTHWEST SPECIAL BENEFIT ZONES (SBZ}
COST
PER SQ.

FT.

TOTAL SQ.

FT.

ANNUAL COST
a.

Cherry Blossom SBZ - frontage on Railroad and Hidden Pines including the medians and the pedestrian access on Railroad $ 0.21
51,900
$ 10,899.00

CHERRY BLOSSOM TOTAL
$ 0.21
51,900
$ 10,899.00

Attachment D
b.

North Preisker Ranch SBZ •frontage on Atlantic, Blosser (both sides), Canal (both sides), Railroad (up to wall), Boxcar and Caboose, path on Eagleton, both roundabouts and all entry $ 0.21
243,867
$ 51,212.07

NORTH PREISKER RANCH TOTAL
$ 0.21
243,867
$ 51,212.07

NORTHWEST TOTAL COST
$ 0.21
731,318
$ 153,576.78

Attachment D

ATTACHMENT B - FEE/SITE SHEET

NORTHEAST LANDSCAPE MAINTENANCE

DISTRICT
COST
PER SQ.

FT.

TOTAL
SQ. FT.

ANNUAL
COST
1 Emerald Park - shrubs on College near Donovan
$ 0.21
8,89
$ 1,867.53
2 Emerald Basin - Grassy basin on College near Donovan
$ 0.21
11,547
$ 2,424.87
3 Donovan Medians
$ 0.21
9,504
$ 1,995.84
4 Riverside Terrace - 1800 block of Bayview Drive, open space on Seaward and around Basin on Kathryn
$ 0.21
134,777
$ 28,303.17
5 Riverside - Grassy basin on Kathryn
$ 0.21
24,686
$ 5,184.06
6 Shields/ Cochiolo - 1600 block Suey Road - frontage on Suey and Donovan, frontage on Antone, Floyd Court
$ 0.21
61,476
$ 12,909.96
7 Suey Basin - Grassy basin on Suey near Antone
$ 0.21
14,774
$ 3,102.54
8 Sierra Vista - frontage on Panther and Centennial, basin at the corner of Panter and Centennial and breezeway off Mammoth $ 0.21
40,000
$ 8,400.000
9 Rowland Estates - Shrubs and playground
$ 0.21
12,332
$ 2,589.72
10 Rowland Basin- includes weedy basin
$ 0.21
4,656
$ 977.76
11 Canyon Homes - 1400 East Donovan Road enterance
$ 0.21
3,764
$ 790.44
12 Olive Garden - 1200 South Bradley median
$ 0.21
2,900
$ 609.00
13 Hancock College - 800 South Bradley median
$ 0.21
3,064
$ 643.44
14 Bradley Easement - south of Main Street to Jones Street (Deleted 14,718 sq ft)
$ 0.21
14,718
15 Transit Center
$ 0.21
70,993
$ 14,908.53
16 Hancock Terrace Bike Path -Miller to College
$ 0.21
30,000
$ 6,300.000
17 800 E Jones median- Paved island
$ 0.21
462
$ 97.02
18 Pepper Tree Medians - north of Donovan Road on Broadway $ 0.21
3,456
$ 725.76
19 Stowell Road Easement - east of Miller Street
$ 0.21
13,492
$ 2,833.32
20 Alvin Overpass
$ 0.21
59,513
$ 12,497.73
21 North Bradley Ivy - Fesler Junior High easement area $ 0.21
15,493
$ 3,253.53
22 Donovan/Miller Median
$ 0.21
10,310
$ 2,165.10
23 Via Rubio - Jewel Street only
$ 0.21
4,836
$ 1,015.56
24 Donovan Overpass
$ 0.21
67,751
$ 14,227.71
25 Pepperwood Median
$ 0.21
1,819
$ 381.99
26 East Main Street & 101 -weedy shoulder
$ 0.21
7,301
$ 1,533.21
27 Bradley at Elks
$ 0.21
22,310
$ 4,685.10

Attachment D
28 Downtown medians - Broadway Medians from Fesler Street going south to the front of the Library; East and West Cook Street Medians; South Pine Street from Main Street to Cook Street; East Main Street Medians; 100 North McClelland Median; South Miller Medians from Main Street to Cook Street
$ 0.21
21,022
$ 4,414.62
29 TCE - mall perimeter includes bus turnout, theater, Macy's parking 186,393
$ 39,142.53
lot and pocket park at Main & Broadway
$ 0.21
30 TCE- Sears parking Lot
$ 0.21
35,290
$ 7,410.90
31 Fire Station # 5
$ 0.21
32,997
$ 6,929.37
32 N Macy's Lawn
$0.21
3,840

TOTAL NORTHEAST
$ 0.21
934,369
$ 196,217.49

NORTHEAST SPECIAL BENEFIT ZONES
(SBZ)
COST
PER SQ.

FT.

TOTAL SQ.

FT.

ANNUAL
COST
a.

Donovan Estates SBZ - includes frontage, basin, tot lot and emptying trash cans
$ 0.21
25,586
$ 5,373.06
Donovan Estates Basin- includes grassy basin
$ 0.21
11,652
$ 2,446.92

DONOVAN ESTATES TOTAL
$ 0.21
37,238
$ 7,819.98
b.

Rivergate Roemer SBZ- includes all of River Oaks North, College Estates, and Princess Estates easement and medians (Seaward, Paden, Carlott, Borges, the Bradely Channel and the walled area behind the homes on Mariah)
$ 0.21
163,936
$ 34,426.56

RIVERGATE ROEMER TOTAL
$ 0.21
163,936
$ 34,426.56
c.

Suey/Donovan Median SBZ - on Donovan between Suey and
Suey Crossing
$ 0.21
33,725
$ 7,082.25

DONOVAN/SUEY MEDIAN TOTAL
$ 0.21
33,725
$ 7,082.25
d.

La Ventana SBZ - includes frontage on Main Street, both sides of Panther, both sides of Panter Drive to Willingham, Dressler and shrub portion of basin
$ 0.21
106,042
$ 22,268.82
La Ventana Basin- includes weedy basin
$ 0.21
45,112
$ 9,473.52

LA VENTANA TOTAL
$ 0.21
151,154
$ 31,742.34

NORTHEAST TOTAL COST
$ 0.21
1,320,422
$ 277,288.62

Attachment D

ATTACHMENT C - FEE/SITE SHEET

SOUTHWEST LANDSCAPE MAINTENANCE

DISTRICT
COST
PER SQ.

FT.

TOTAL
SQ. FT.

ANNUAL
COST
1 Terrace Park - 500 to 600 West Carmen Lane. This includes the frontage on Carmen, both sides of Depot and the slope at the end of Depot but not the area that extends behind the homes it is the resposibility of the HOA.
$ 0.21
14,401
$ 3,024.21
2 Fire Station II - 400 West Carmen Lane frontage and interior, including easement on South Thornburg Street & slope
$ 0.21
7,631
$ 1,602.51
3 West Betteravia Median - 100 block West Betteravia Road $ 0.21
1,200
$ 252.000
4 Country Club Village III - frontage on West McCoy Lane, entry medians, La Costa Basin/Marilyn Stanley Park, La Costa
Breezeway - across from the basin/park site - breezeway off Castlerock leading to Hagerman bike trail
$ 0.21
135,986
$ 28,557.06
5 Foxenwoods County Club Estates - 800 to 1100 West McCoy Lane $ 0.21
47,401
$ 9,954.21
6 Santa Barbara Reasearch Median - median on South Blosser Road $ 0.21
2,392
$ 502.32
7 Skyway Drive Medians - all medians on Skyway Drive
$ 0.21
104,031
$ 21,846.51
8 Battles Bike Path - west of Broadway
$ 0.21
14,000
$ 2,940.00
9 Santa Maria Police Department
$ 0.21
10,750
$ 2,257.50
10 SMAT Station
$ 0.21
32,715
$ 6,870.15
11 Blending Station - Fairway and Skyway Drive
$ 0.21
1,940
$ 407.40
12 Paseo del Sol - frontages on South Westgate, South A, Carmen and West Via Rosa, and medians on Betteravia
$ 0.21
56,103
$ 11,781.63
13 Paseo del Sol Basin- at Carmen and A Street (empty trash cans) $ 0.21
45,572
$ 9,570.12
14 Hagerman Bike Path - west of Hagerman Softball Complex- paved $ 0.21
68,800
$ 14,448.000
15 Westridge - frontage and median on Carmen and basin/playground $ 0.21
44,613
$ 9,368.730
16 Westridge Basin- along Via Rosa
$ 0.21
37,240
$ 7,820.400
17 Skyway and Foster Road Bike Path- paved path
$ ,0.21
106,984
$ 22,466.640
18 Medians on Betteravia east and west of Blosser
$ 0.21
9,968
$ 2,093.280
19 Blosser/Stowell Medians -Paved medians
$ 0.21
5,104
$ 1,071.840
20 South of Stowell to Santa Maria Way
$ 0.21
55,709
$ 11,698.89
21 Parkland Cottages - McCoy frontage
$ 0.21
10,943
$ 2,298.030
22 Union Valley Parkway
$ 0.21
265,000
$ 55,650.000
23 Union Valley Open Space
$ 0.21
40,075
$ 8,415.750
24 Foxenwoods Estates
$ 0.21
30,000
$ 6,300.000
25 VTC Frontage
$ 0.21
11,076
$ 2,325.96
26 Dal Porto
$ 0.21
3,006
$ 631.26

TOTAL SOUTHWEST
$ 0.21
1,162,640
$ 244,154.40

Attachment D

SOUTHWEST SPECIAL BENEFIT ZONES
{SBZ)
COST
PER SQ.

FT.

TOTALSQ.

FT.

ANNUAL
COST
a.

Westgate Ranch SBZ - frontage along Battles, A Street,
Westgate, Carmen. Sonya and Blosser, medians on Carmen and the roundabouts by the school and both multi -purpose trails and parkways along Park & in front of building
$ 0.21
367,536
$ 77,182.56

WESTGATE RANCH TOTAL
$ 0.21
367,536
$ 77,182.56
b.

Coyway SBZ - on the corner of w. McCoy and Professional Parkway
$ 0.21
21,726
$ 4,562.46
Coyway Basin-- Grassy basin at W. McCoy and Professional Parkway
$ 0.21
13,349
$ 2,803.29

COYWAY BASIN TOTAL
$ 0.21
35,075
$ 7,365.75
c.

Cherrywood SBZ - Frontage on Carmen, Depot, Sonya and
Thornburg, pathway on Flora and the pocket park on Thornburg $ 0.21
22,151
$ 4,651.71

CHERRYWOOD TOTAL
$ 0.21
22,151
$ 4,651.71
d.

Acquistapace SBZ- limits are frontage of Blosser, Sonya, Carmen and Western both sides of pathway, Biscayne and Pergola; Blosser median and frontage of Carmen open space
$ 0.21
129,217
$ 27,135.570
Sonya Basin- Grassy basin along Sonya
$ 0.21
268,935
$ 56,476.350
Aquistapace Park- Park bordered by Western, Sonya, the basin and school
$ 0.21
63,314
$ 13,295.940

ACQUISTAPACE TOTAL
$ 0.21
461,466
$ 96,907.86
e.

Rose Garden Village SBZ (Estates at Pacific Crest)
$ 0.21
310,157
$ 65,132.97
Centennial Garden- Corner of Battles & Depot
$ 0.21
64,874
$ 13,623.54

ROSE GARDEN VILLAGE TOTAL
$ 0.21
375,031
$ 78,756.51
f.

Village at Westgate Ranch SBZ- frontages of La Brea, Sonya, Marsala,Westgate, and Battles to A Street
$ 0.21
345,107
$ 72,472.47
Battles linear basin bottom- weedy ditch from Blosser to county flood control basin
$ 0.21
92,529
$ 19,431.09
Blosser Median- Blosser from La Brea to Battles
$ 0.21
15,079
$ 3,166.59

VILLAGE AT WESTGATE RANCH TOTAL
$ 0.21
452,715
$ 95,070.15
g.

C-4 Development (Basin at McCoy)
$ 0.21
32,609
$ 6,847.89
C-4 DEVELOPMENT TOTAL
$ 0.21
32,609
$ 6,847.89
h.

Betteravia Plaza SBZ- Carmen, Betteravia, and Blosser
$ 0.21
222,048
$ 46,630.08

BETTERAVIA PLAZA TOTAL
$ 0.21
222,048
$ 46,630.08

SOUTHWEST TOTAL COST
$ 0.21
3,131,271
$ 657,566.91

Attachment D

ATTACHMENT D - FEE/SITE SHEET

SOUTHEAST LANDSCAPE MAINTENANCE

DISTRICT

SOUTHEAST SPECIAL BENEFIT ZONES
(SBZ)
COST
PER SQ.

FT.

TOTAL SQ.

FT.

ANNUAL
COST
d.

ENOS RANCH SBZ- The north side of Betteravia Rd, both sides of Bradley and Meehan to Shepard. The east side of Shepard and of College down to the basin. Coast Hills parcel and HWY 101 and Betteravia Road off -ramp -North
$ 0.21
148,452
$ 31,174.92
Enos Ranch Basin -Grassy Basin along S. College Rd.
$ 0.21
26,000
$ 5,460.00
Enos@ 101
$ 0.21
95,105
$ 19,972.05
Enos Ranch Japanese Community Center
$ 0.21
105,547
$22,164.87
Home Motors Frontage- Battles bike path by car dealer
$ 0.21
7,324
$ 1,538.04

ENOS RANCH TOTAL
$ 0.21
382,428
$ 80,309.88

SOUTHEAST TOTAL COST
$ 0.21
382,428
$ 80,309.88

Attachment D

SUMMARY

DISTRICT
AMOUNT
Northwest District
$ 153,576.78
Northeast District
$ 277,288.62
Southwest District
$ 657,566.91
Southeast District
$ 80,309.88
TOTAL
$ 1,168, 742.19

COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Michelle Ruiz, Interim Director of Utilities
DATE: August 4, 2026
SUBJECT: Adoption of a Resolution Approving an Agreement with Tempus for Electronic Waste Processing and Recycling
Description:

The City Council will consider adopting a Resolution approving an agreement with Tempus for Electronic Waste Processing and Recycling.

RECOMMENDATION:

1. Adopt a Resolution approving an agreement with Tempus for Electronic Waste Processing and Recycling; and

2. Authorize the City Manager, or designee, to execute agreement and any future modifications or extensions consistent with the terms of the agreement, or cancelling the agreement, if determined to be in the City's best interest.

BACKGROUND:

The City operates an electronic waste (E -Waste) recycling program at the Santa Maria Regional Landfill (SMRL) Recycling Park to provide the community with a convenient and safe option for disposing of electronic materials.

The City currently contracts with Tempus to provide collection containers, transportation, processing, and reporting services for the program, which costs the SMRL approximately $11,000 annually. Tempus has proposed a new, no -cost multi -year agreement that would continue existing E -Waste collection and processing services, while providing compensation to the City for eligible E -Waste materials.

If approved, the City will terminate the existing contract coinciding with implementation of the new agreement.

DISCUSSION:

Under the terms of the proposed agreement (Attachment B), Tempus will continue providing collection containers, transportation, processing, and reporting services necessary to support E -Waste operations, at no cost to the City. Hauling fees of $300 per

container pickup would be eliminated and instead Tempus would provide compensation to the SMRL for eligible E -Waste materials accepted under the agreement.

The proposed agreement presents a unique opportunity to maintain the City's existing E - Waste recycling program, while generating revenue from materials currently collected and recycled through the program.

Alternatives
The City Council may:

1. Direct staff to negotiate alternative terms. This is not recommended because although the agreement is currently in draft form, it is substantially complete and reflects terms that are financially and operationally advantageous to the City.

Additional revisions are not anticipated to provide further benefit and would delay implementation of the improved arrangement.

2. Decline to approve the agreement and continue operating under the existing service arrangement. This is not recommended because the current arrangement costs the City approximately $11,000 annually in hauling costs and does not provide compensation for eligible E- Waste materials.

Fiscal Considerations
The proposed agreement is expected to generate a positive fiscal impact by eliminating current hauling costs and providing revenue from eligible E- Waste materials collected through the Recycling Park. If this agreement had been in place during 2025, the City would have recognized approximately $65,000 in revenue. Actual revenues will vary based on material volumes and market conditions; however, the proposed agreement helps to offset the costs of operating and administering the SMRL's E- Waste recycling program.

Impact on the Community
This arrangement allows the City to maintain existing public service without reducing service levels or increasing costs for SMRL customers. E -Waste is currently accepted at no charge, and the proposed agreement does not change existing disposal operations.

ATTACHMENT(S)
A. Resolution
B. Agreement -Electronic Waste Processing and Recycling 2 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

APPROVING AN AGREEMENT WITH TEMPUS FOR

ELECTRONIC WASTE PROCESSING AND RECYCLING
WHEREAS, the City of Santa Maria operates an Electronic Waste recycling program at the Santa Maria Regional Landfill Recycling Park to provide residents and businesses with a convenient and safe means of recycling electronic materials; and WHEREAS, Tempus currently provides Electronic Waste collection, transportation, processing, and reporting services for the City's Electronic Waste recycling program; and WHEREAS, Tempus has proposed a new agreement that will continue existing Electronic Waste services while eliminating hauling costs and providing compensation to the City for eligible Electronic Waste materials collected through the program; and WHEREAS, entering into a new Electronic Waste Processing Agreement with Tempus is in the best interest of the City because it maintains existing recycling services, supports ongoing waste diversion and resource recovery objectives, and is expected to provide positive fiscal benefits through avoided costs and revenue generated from collected materials.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. Authorizes the City Manager, or designee, to execute agreement with Tempus for Electronic Waste Processing and Recycling; and SECTION 2. Execute any future modifications or extensions consistent with the terms of the agreement, or cancelling the agreement, if determined to be in the City's best interest; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary. ///
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 4th day of August 2026.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

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Attachment B

ELECTRONIC WASTE PROCESSING

AND RECYCLING AGREEMENT
This Agreement is made on July 1, 2026, by and between FC Management Services dba Tempus, a California S -Corporation ("Contractor") and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:

WHEREAS, the City of Santa Maria ("City") operates an Electronic Waste ("E -Waste") recycling program at the Santa Maria Regional Landfill Recycling Park to provide residents and businesses with safe and convenient recycling opportunities; and WHEREAS, the City desires to ensure the continued collection, transportation, processing, and recycling of E -Waste materials in a manner that complies with all applicable federal and State of California regulations; and
WHEREAS, Contractor has experience and qualifications in the collection, transportation, processing, and recycling of E -Waste materials, and has previously provided such services for the City; and
WHEREAS, Contractor has proposed to continue providing E -Waste processing and related services for the City, and to compensate the City for eligible E -Waste materials received through the City's recycling program; and
WHEREAS, entering into this Electronic Waste Processing and Recycling Agreement ("Agreement") will support the City's waste diversion and resource recovery objectives, while providing positive fiscal benefits through avoided hauling and processing costs and revenue from recyclable materials; and
WHEREAS, the City has determined that entering into this Agreement with Contractor is in the best interest of the City and its residents.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination. The term of this Agreement begins on the first date written above and ends at 11:59 p.m. on June 30, 2027, with options for up to three additional one-year extension terms by mutual consent of the parties. This Agreement may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.02. Definitions. Definitions used throughout this Agreement are listed in Exhibit A.

2.03. Services to be Performed. Contractor shall determine the method, details, and means of providing services required by the City. More specifically, Contractor agrees to perform the specific services listed in Exhibit B.

Atty. Rev. 2026 Page 1 of 14

2.04. City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the Agreement as listed in Exhibit B.

2.05. Payment to City Payment terms under this Agreement are listed in Exhibit C.

2.06. Insurance. Contractor shall provide insurance as listed in Exhibit D.

2.07. Prevailing Wage. Where applicable, Contractor shall follow the prevailing wage requirements listed in Exhibit E and applicable law.

2.08. Exhibits. Exhibits A, B, C, D, and E are attached and incorporated.

3. Contractor's Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement.

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor. The provisions of this paragraph survive completion of the services or the termination of this Agreement. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the City and a representative of Contractor, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

City of Santa Maria
Utilities Department
Attn: Contracts Manager
2065 East Main Street
Santa Maria, CA 93454
To Contractor:

FC Management Services dba Tempus
Attn: Peter DiPasquale / Jennifer Blair
2001 Anchor Court
Suite B
Newbury Park, CA 91320
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this Agreement shall be effective five (5) days after Atty. Rev. 2026 Page 2 of 14

deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this Agreement.

4.04. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this Agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this Agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this Agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.10. Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

Further requirements are attached as Exhibit E.
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Atty. Rev. 2026 Page 3 of 14

IN WITNESS WHEREOF, this Agreement is executed by the parties on the date first written above.
"Contractor"
TEMPUS
"City"

CITY OF SANTA MARIA
By: By:

FULTON CONNOR SHAD S. SPRINGER, P.E., MPA
President Director of Utilities
By:

COSME FAGUNDO
Secretary
ATTEST
By:

DONNA G. SCHWARTZ
Chief Deputy City Clerk

APPROVED AS TO FORM
Risk Manager
City Attorney
Atty. Rev. 2026 Page 4 of 14

EXHIBIT A

DEFINITIONS

1. All -In -One Computers: Integrated desktop computing devices where the display and computer components are housed within a single unit, including but not limited to iMacs, Dell/HP/Lenovo all -in -one desktops, touchscreen all -in -one PCs, and similar integrated computer systems. Units may include working, non -working, damaged, incomplete, or end - of -life devices unless otherwise specified.

2. Cathode Ray Tube (CRT): Glass video display component of an electronic device (usually a television or computer monitor). Units may include working, non -working, damaged, incomplete, or end -of -life devices unless otherwise specified.

3. Liquid Crystal Display (LCD): Flat -panel display or other electronically modulated optical device that uses the light -modulating properties of liquid crystals combined with polarizers to display information. Units may include working, non -working, damaged, incomplete, or end -of -life devices unless otherwise specified.

4. Test Equipment: Electronic, electrical, telecom, RF, laboratory, industrial, or diagnostic equipment used for testing, measuring, monitoring, calibration, validation, or analysis. This includes, but is not limited to, oscilloscopes, spectrum analyzers, signal generators, network analyzers, multimeters, power supplies, cable testers, fiber testers, calibration devices, and similar bench, field, or laboratory test instruments. Units may include working, non -working, damaged, incomplete, or end -of -life devices unless otherwise specified.

Atty. Rev. 2026 Page 5 of 14

EXHIBIT B

SERVICES TO BE PERFORMED
(A) CONTRACTOR

1. Contractor shall provide designated E -Waste containers for the collection of E -Waste onsite at the Santa Maria Regional Landfill (SMRL) Recycling Park (RP). The containers must provide sufficient volume (usually two containers onsite at a time) to continuously accept E -Waste from customers during SMRL operating days.

2. Contractor shall arrange for full containers to be picked up within three operating days of a pickup request made by the City.

3. Contractor will be responsible for all container hauling logistics, including carrier selection and arranging backup hauling, if needed. Contractor will ensure any changes relating to carrier selection will not affect the City's E -Waste collection program or container setup.

4. Contractor shall process E -Waste collected in the designated E -Waste containers at the RP. During the term of the agreement, Contractor will not process the accepted E -Waste in a way that jeopardizes the City's diversion goals as related to Assembly Bill 939 or the City's compliance with the California Electronic Waste Recycling Act of 2003.

5. Contractor shall provide standard monthly reports within 45 days of the close of the reporting period (month). The standard monthly reports will include the following:
a. Tonnage of each material type
b. Tonnage of residual
c. Rate per material type

6. In addition to the standard monthly reports, Contractor shall provide the following data:
a. By January 15 annually, report for prior calendar year (January 1 -December 31):
i. Count of all CRT E -Waste;
ii. Pounds of all CRT E -Waste; and
iii. Pounds of all Non -CRT E -Waste.
b. By August 15 annually, report for prior fiscal year (July 1 -June 30):
i. Pounds of all Covered Electronic Devices; and
ii. Pounds of all other/Non-Covered Electronic Devices.

7. Contractor is not responsible for hazardous or excluded materials outside the accepted E -Waste material classes.

8. Contractor shall schedule and participate in an annual meeting to review the City's E - Waste program.

9. In addition to the City's standard insurance requirements for Contractor, Contractor shall also provide a valid and conforming certificate of insurance for the carrier that will haul E -Waste containers from the SMRL RP offsite.

10. Contractor shall maintain regular communication and coordination with City as mutually agreed upon.
(B) CITY

1. City shall provide E -Waste brought to SMRL RP.

2. City shall arrange for E -Waste brought to the RP to be loaded into onsite Contractor's onsite containers.

3. City shall review all documents provided by Contractor.

4. City shall attend meeting with Contractor.

Atty. Rev. 2026 Page 6 of 14

5. City shall administrate contracts.

6. City shall process fees as submitted by the Contractor following approval.

7. City shall maintain regular communication and coordination with Contractor as mutually agreed upon.

Atty. Rev. 2026 Page 7 of 14

EXHIBIT C

PAYMENT TO CITY
Contractor shall remit payment to the City based on material class and rate per pound, to be submitted with the monthly report submittals detailed in Exhibit B Section A-5.

Material Class
Rate Per Pound
All -In -One Computers
$0.25
CRT
$0.40
Desktops
$0.25
Laptops
$0.40
LCD
$0.40
Servers
$0.40
Test Equipment
$0.20
The City and Contractor acknowledge that no single public index represents e -waste market value due to the mixed composition of electronic scrap.

The Rate Per Pound for each material category was initially established based on the City's three-year account history (including volumes, material mix, and cost -bearing items) and by referencing current and historical Western U.S./California electronic scrap market data from sources such as Fastmarkets/AMM, Argus Metals, ScrapMonster, downstream processor pricing, and relevant base and precious metal markets.

The Parties agree to review and negotiate in good faith updates to these rates each March for the term of the Agreement, taking into consideration changes in material composition, downstream processing costs, and prevailing electronic scrap market conditions.

Atty. Rev. 2026 Page 8 of 14

EXHIBIT D

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her agents, representatives, or employees. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Contractor's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: Statutory limits.

Atty. Rev. 2026 Page 9 of 14

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this Aqreement to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.

4. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims -made coverage:

Atty. Rev. 2026 Page 10 of 14

a. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Agreement effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Atty. Rev. 2026 Page 11 of 14

EXHIBIT E

PREVAILING WAGE REQUIREMENTS FOR MAINTENANCE WORK, DESIGN AND

PRECONSTRUCTION PHASES OF CONSTRUCTION, AND INSTALLATIONS The terms of this Exhibit apply to all Public Works projects for over $1,000.

For purposes of this Exhibit, "Public Works" includes any project of a type defined in California Labor Code section 1720 when paid for in whole or in part by public funds. These projects include construction, alteration, demolition, installation, or repair work done under contract. For purposes of this definition, "construction" includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this definition, "installation" includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.

Pursuant to California Labor Code sections 1720 and 1771, construction, alteration, demolition, installation, repair and maintenance work performed under this Agreement is subject to State prevailing wage laws. State prevailing wage laws require certain provisions be included in all contracts for public works. The Contractor and any subcontractors shall comply with all applicable State prevailing wage laws, whether included in this agreement or inadvertently omitted, including but not limited to the requirements listed below:
1 Compliance with Prevailing Wage Requirements. Pursuant to California Labor Code sections 1720 through 1861, the Contractor and all subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR). This includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including but not limited to inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the post - construction phases of construction, including but not limited to all cleanup work at the jobsite.

Copies of such prevailing rate of per diem wages are on file at the City Public Works Department and are available for inspection to any interested party on request. Copies of the prevailing rate of per diem wages also may be found at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm . The Contractor and all subcontractors shall post a copy of the prevailing rate of per diem wages determination at each job site and shall make them available to any interested party upon request.

and the predetermined wage rate is on file with the DIR, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Agreement in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this Agreement, each successive predetermined wage rate shall apply to this Agreement on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Agreement, such wage rate shall apply to the balance of the Agreement.

4. Apprentices. The Contractor and all subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices. The Contractor is responsible for compliance with this section for all apprenticeable occupations pursuant to California Labor Code section 1777.5(n).

5. Working Hours. The Contractor and all subcontractors shall comply with California Labor Code sections 1810 through 1815, including but not limited to: (i) restrict working hours on public works contracts to eight hours a day and forty hours a week, unless all hours worked in excess of 8 hours per day are compensated at not less than 1% times the basic rate of pay; and (ii) specify penalties to be imposed on Contractors and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code sections 1810 through 1815.

6. Required Provisions for Subcontracts. The Contractor shall include, at a minimum, a copy of the following provisions in any contract they enter into with a subcontractor:

California Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860 and 1861.

Atty. Rev. 2026 Page 13 of 14

7. Labor Code Section 1861 Certification. In accordance with California Labor Code section 3700, the Contractor is required to secure the payment of compensation of its employees. By signing the Agreement, to which this is an exhibit, the Contractor certifies that: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement."

9. Contractor and Subcontractor Registration Requirements. The Contractor and all subcontractors shall not engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5 Contractor certifies that the Contractor has verified that all Contractor and all subcontractors (if any approved by City) used on this project are registered with the DIR in compliance with California Labor Code sections 1771.1 and 1725.5. The Contractor shall provide proof of registration for themselves and all listed subcontractors to the City at the time of signature of contract and immediately upon any changes or City's request.

10. Stop Order. Where a Contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of California Labor Code sections 1725.5 or 1771.1, the Labor Commissioner must issue and serve a stop order prohibiting the use of the unregistered Contractor or subcontractor on ALL public works until the unregistered Contractor or subcontractor is registered. Failure to observe a stop order is a misdemeanor.

Atty. Rev. 2026 Page 14 of 14

COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Shad S. Springer, Director of Utilities
DATE: August 4, 2026
SUBJECT: Adoption of a Resolution Approving a Surplus Water Transfer Agreement with the Central Coast Water Authority
Description:

The City Council will consider adopting a Resolution approving the execution and implementation of a Surplus Water Transfer Agreement with the Central Coast Water Authority for 2026.

Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines.

RECOMMENDATION:

1. Adopt a Resolution authorizing the City Manager, or designee, to execute a Surplus Water Transfer Agreement, and any related documents necessary, with the Central Coast Water Authority, in substantially the same form as presented, for the transfer and sale of up to 5,000 acre-feet of surplus State Water; and

2. Take all actions necessary to implement the agreement and complete the transfer consistent with the terms approved by said Resolution.

BACKGROUND:

The Central Coast Water Authority (CCWA) was formed by its member agencies, including the City of Santa Maria, to finance, construct, operate, and maintain the facilities that deliver State Water Project supplies to participating agencies on the Central Coast.

The City of Santa Maria (City) has received State Water through CCWA since 1997.

Imported State Water is blended with local groundwater to improve water quality, supplement local groundwater supplies, and meet regulatory requirements, while enhancing the long-term reliability of the City's water supply.

In 2023, CCWA established its Surplus Water Transfer Program to provide a process for member agencies to exchange or transfer surplus State Water when available. The City Council previously authorized participation in the program, allowing the City to pursue exchanges or sales of surplus State Water when conditions warrant.

Favorable State Water Project conditions have resulted in the City having State Water supplies currently in excess of projected operational needs. Staff estimates that up to

5,000 acre-feet (AF) of water can be made available for transfer this year without affecting the City's anticipated water supply needs or long-term water supply reliability.

DISCUSSION:

Based on current State Water Project allocations, projected customer demand, existing groundwater supplies, and operational requirements, staff has determined that up to 5,000 AF of State Water is surplus to the City's 2026 needs and can be made available for transfer this year. The proposed transfer will not affect the City's ability to meet customer demand or comply with water supply obligations.

The City's surplus State Water is currently stored in San Luis Reservoir. Under State Water Project operating rules, stored water cannot be guaranteed to remain available indefinitely. Depending on reservoir conditions and operational needs, stored water could be lost. A recent analysis by the California Department of Water Resources (DWR) indicates that there is a 50 percent chance of at least some stored water in San Luis Reservoir being lost by the end of September 2026. Selling surplus water allows the City to realize value from water it does not currently need and protects the water from being lost by the City for no value, while maintaining sufficient supplies to meet anticipated demand.

Transfers between State Water Contractors require coordination among DWR, CCWA, and the purchasing State Water Contractor. As the City's State Water delivery agency, CCWA administers these transactions on behalf of its member agencies. To facilitate this transaction, the City will enter into a Surplus Water Transfer Agreement with CCWA (Attachment B). Under the agreement, CCWA will coordinate the transfer of the City's surplus State Water to the purchasing agencies, obtain the necessary approvals, receive payment from the purchaser, and distribute the City's share of the proceeds, consistent with the terms of the Transfer Agreement between CCWA and the Westside Districts (Attachment C).

CCWA has negotiated a transfer agreement with the Westside Districts, subject to execution of the Surplus Water Transfer Agreement and completion of all required approvals. The sale price is $400/AF if the transaction is completed during September 2026 and decreases each month thereafter through December 2026. Staff recommends making available for sale up to 5,000 AF of surplus State Water. At that quantity and price, the transfer is expected to generate approximately $2 million in gross revenue for the Water Enterprise Fund.

Execution of the Surplus Water Transfer Agreement does not itself complete the sale.

The transfer remains subject to approval by DWR and execution of the required transfer agreements. Because State Water transfer opportunities are time -sensitive, approval of the Surplus Water Transfer Agreement at this time will allow CCWA to proceed with the transaction at the most favorable terms.
2 Alternatives)
The City Council may decline to approve the Surplus Water Transfer Agreement. This is not recommended because it would prevent the City from utilizing CCWA to complete the sale of surplus State Water, potentially resulting in both the loss of revenue from the water sales and the loss of water stored in San Luis Reservoir.

Fiscal Considerations
Proceeds from the sale will be credited to the Water Enterprise Fund, generating up to $2 million in revenue, which will help support the continued operation and maintenance of the City's water system. The Water Enterprise Fund will also be responsible for its proportionate share of administrative and transaction costs associated with the transfer as provided in the Surplus Water Transfer Agreement. Those costs are minor relative to the anticipated sale proceeds.

Imact on the Community
The proposed agreement with CCWA allows the City to maximize the value of surplus State Water while maintaining sufficient water supplies to meet projected demands.

Other Agency Review
Completion of the transfer will require approval and coordination with CCWA, DWR, the purchasing State Water Contractor, and any other approvals required under applicable State Water Project contracts.

ATTACHMENT(S)
A. Resolution
B. Surplus Water Transfer Agreement with Central Coast Water Authority C. 2026 Westside Districts/Central Coast Water Authority Transfer Agreement 3 Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MARIA, CALIFORNIA,

AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE

A SURPLUS WATER TRANSFER AGREEMENT, AND ANY RELATED

DOCUMENTS NECESSARY, WITH THE CENTRAL COAST WATER

AUTHORITY FOR THE TRANSFER AND SALE OF UP TO
5,000 ACRE-FEET OF SURPLUS STATE WATER
WHEREAS, the Central Coast Water Authority (CCWA) was formed by its member agencies to finance, construct, operate, and maintain facilities that deliver State Water Project supplies to participating agencies on the Central Coast, including the City of Santa Maria (City); and
WHEREAS, the City has received State Water through CCWA since 1997 and has identified up to 5,000 acre-feet of State Water that is surplus to the City's anticipated 2026 water supply needs and can be made available for transfer without affecting the City's ability to meet customer demands or water supply obligations; and WHEREAS, CCWA has established a Surplus Water Transfer program to facilitate the transfer of surplus State Water supplies by participating agencies, and the City desires to enter into a Surplus Water Transfer Agreement with CCWA to facilitate the transfer and sale of the City's surplus State Water; and
WHEREAS, the proposed transfer will allow the City to realize value from surplus State Water supplies while maintaining sufficient water supplies to meet projected demands, with revenues from the transfer credited to the City's Water Enterprise Fund.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

SECTION 1. The City Manager, or designee, is hereby authorized to execute a Surplus Water Transfer Agreement, and any related documents necessary, with the Central Coast Water Authority, in substantially the same form as presented, for the transfer and sale of up to 5,000 acre-feet of surplus State Water; and SECTION 2. The City Manager, or designee, is hereby authorized to take all actions necessary to implement the agreement and complete the transfer consistent with the terms approved by this Resolution; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary. ///

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Attachment A
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held on this 4th day of August 2026.

ATTEST:

Chief Deputy City Clerk
Mayor

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APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

Attachment B
2026 Surplus Water Transfer Program
Transfer Agreement
Re. Westside Districts

CENTRAL COAST WATER AUTHORITY

SURPLUS WATER TRANSFER AGREEMENT
re. WESTSIDE DISTRICTS
This Surplus Water Transfer Agreement ("Agreement") is made by:

CENTRAL COAST WATER AUTHORITY ("CCWA")
And

CITY OF SANTA MARIA
each signatory to this Agreement ("Contractor," and if more than one, "Contractors").

CCWA and Contractor are each a "Party" and together are the "Parties."

RECITALS
A. CCWA and the California Department of Water Resources ("DWR") are parties to a long-term water supply contract that provides for the delivery of water from California's State Water Project ("SWP") to portions of Santa Barbara County (the "SWP Contract").

B. Additionally, CCWA owns, operates, and maintains water conveyance, storage and treatment facilities to deliver water made available to CCWA pursuant to the SWP Contract to cities, water districts and other water purveyors and users in portions of Santa Barbara County (each a "CCWA Participant" and collectively, the "CCWA Participants"). Each CCWA Participant is a party to a water supply agreement with CCWA ("Water Supply Agreement") that provides for the delivery of a portion of the water supply made available by the SWP Contract to the Participant. Each Contractor is a CCWA Participant.

C. From time to time, such as in years of high precipitation, the SWP is capable of delivering to CCWA more water than is needed by the CCWA Participants. Additionally, in some years, water that is available for delivery to one or more CCWA Participants, but is not delivered in that year, may be lost due to delivery, storage, and other constraints within the SWP or local facilities.

D. On July 27, 2024, CCWA's Board of Directors adopted Resolution No. 23-06 creating the "Surplus Water Transfer Program" to provide a process and procedures for CCWA Participants to transfer or exchange water available to them pursuant to their Water Supply Agreements that is surplus to their needs in any year ("Surplus Water").

E. CCWA implements the Surplus Water Transfer Program on an annual basis.

CCWA Participants may elect to participate in the Surplus Water Transfer Program by executing a "Program Participation Agreement" with CCWA. The Surplus Water Transfer Program is carried out consistent with the SWP Contract and CCWA's Administrative Rules for the Transfer or Exchange of Water.

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F. Pursuant to the 2026 Program Participation Agreement dated March 15, 2026 ("Program Participation Agreement"), CCWA gave notice to each Contractor of an opportunity to transfer Surplus Water to Dudley Ridge Water District ("DRWD"), Belridge Water Storage District, Berrenda Mesa Water District, Lost Hills Water District, and Wheeler Ridge-Maricopa Water Storage District (collectively, "Westside Districts" or the "Purchaser") and subsequently negotiated an agreement (the "Project Agreement") related to the transfer of Surplus Water between CCWA and Purchaser (the "Project"). Each Contractor has elected to participate in the Project and has delivered a Statement of Intent (as that term is defined in the Program Participation Agreement) to CCWA.

G. To the extent this Agreement requires compliance with CCWA Resolution No. 2021-01, CCWA has provided notice to all CCWA Participants of the deadline by which any CCWA Participant must have notified CCWA of its intent to exercise its right of first refusal pursuant to CCWA Resolution No. 2021-01, and all CCWA Participants, if any, desiring to exercise their right of first refusal to take delivery of the Total Transfer Quantity on the same terms and conditions as the Purchaser has done so prior to the Effective Date of this Agreement.

H. The Parties anticipate that certain approvals will be required to effectuate the Project, including DWR's approval of the Project in the form of one or more contracts ("DWR Approval Agreement(s)").

I. The Parties desire to enter into this Agreement to set forth the rights, responsibilities and obligations of the Parties as it relates to the Project.

NOW, THEREFORE, in consideration of the foregoing recitals, the mutual representations, warranties, covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. Purpose and Intent. The purposes of this Agreement are to provide for (a) CCWA's transfer of Contractor's Surplus Water to Purchaser on behalf of Contractor and CCWA's delivery of funds received from the Purchaser to Contractor, and in exchange for such services, (b) each Contractor's payment of its pro rata share of CCWA's Total Expenses, as that term is defined in Paragraph 5.1, and each Contractor's assumption of all liability related to or arising under this Agreement and the Project. It is the intention of the Parties that neither CCWA, nor any CCWA Participant that is not a Party to this Agreement shall incur any expense or liability related to or arising under this Agreement, the Project, or the Surplus Water Transfer Program.

2. Compliance with all Laws

2.1 The Parties' respective obligations pursuant to this Agreement are contingent upon compliance with all applicable laws and legal requirements associated with the Project, including but not limited to the California Environmental Quality Act (Pub. Res. Code, § 21000 et seq.)

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("CEQA"), and securing any required consents, approvals, permits or orders necessary to effectuate the Project.

2.2 Contractor acknowledges that, pursuant to CCWA's Administrative Rules for the Transfer or Exchange of Water, Contractor is responsible for compliance with CEQA, as applicable, and Article 57(g) of the SWP Contract. Contractor represents and warrants to CCWA that: (a) Contractor has complied, and will comply, with all applicable laws, regulations, and legal requirements associated with the Project; (b) Contractor's Transfer Quantity, as defined in Paragraph 3.1, is surplus to Contractor's needs; and (c) the Project will not create significant adverse impacts to or within Contractor's service area. CCWA is expressly entitled to rely upon the foregoing representations and warranties without inquiry. Contractor shall promptly notify CCWA in writing if Contractor becomes aware that any of the foregoing representations and warranties was inaccurate when made or has become inaccurate.

2.3 Contractor acknowledges that CCWA retains sole and absolute discretion with respect to whether to approve or not approve the Project. CCWA is not restricted from considering any feasible mitigation measures and/or alternatives, including not approving the Project.

2.4 The Project shall be carried out consistent with the SWP Contract and CCWA's Administrative Rules for the Transfer or Exchange of Water.

3. Transfer Quantity. On behalf of Contractor, CCWA agrees to facilitate the Project with Purchaser pursuant to, and subject to the terms and conditions of the Project Agreement, which is attached hereto as Exhibit A, and the DWR Approval Agreement(s). The "Total Transfer Quantity" represents the sum of each Contractor's transfer quantity ("Contractor's Transfer Quantity") as stated in the table attached hereto as Exhibit B and incorporated herein.

4. Procedure and Conditions

4.1 CCWA Consideration of Project

4.1.1 CCWA's Board of Directors will hold a regular meeting to consider whether to approve or deny the Project Agreement and authorize the CCWA Executive Director to execute all agreements necessary to effectuate the Project.

4.1.2 Upon receipt of Contractor's execution of this Agreement, CCWA's Executive Director will endeavor to timely execute the Project Agreement and deliver it to DWR and request its approval.

4.1.3 Upon receipt of the proposed DWR Approval Agreement(s) for the Project, CCWA's Executive Director will endeavor to timely review the DWR Approval Agreement(s), and, if consistent with the terms and conditions of the Project as set forth in the applicable Project Agreement, CCWA will endeavor to timely notify DWR and Purchaser of CCWA's approval of the DWR Approval Agreement(s).

4.1.4 Provided that each Contractor has satisfied all obligations and conditions precedent set forth in this Agreement, and further provided that CCWA's Board of Directors has

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approved the Project and CCWA's Executive Director has determined that the DWR Approval Agreement(s) are consistent with the Project Agreement, CCWA's Executive Director will endeavor to timely execute the DWR Approval Agreement(s) on behalf of CCWA.

4.2 Transfer of Project Water. In the event DWR approves the Project and all contracting parties to the DWR Approval Agreement(s) execute their respective DWR Approval Agreement(s), CCWA shall coordinate with DWR and arrange for transfer of the water subject to the Project Agreement pursuant to the terms and conditions of the DWR Approval Agreement(s).

4.3 Failure of Conditions. In the event any of the conditions precedent in this Agreement are not satisfied by the Contractor, or DWR approval is not obtained, or all contracting parties to any of the DWR Approval Agreement(s) fail to execute the applicable DWR Approval Agreement(s), CCWA may terminate this Agreement as provided in Paragraph 11.2.

5. Contractor's Share of Expenses and Revenues

5.1 Contractor's Share of Expenses

5.1.1 Contractor shall pay to CCWA the Contractor's pro rata share of all out-of- pocket expenditures made by CCWA pursuant to this Agreement or related to the Project (collectively, "Total Expenses"). Total Expenses include, but are not limited to: consultant and legal expenses, any expenses associated with CCWA's compliance with CEQA, any expenses associated with securing any required approvals, any expenses incurred by CCWA in defense of this Agreement, and any other costs or expenses arising under this Agreement or related to the Project. Each Contractor's pro rata share of Total Expenses shall be equal to the Contractor's Transfer Quantity divided by the Total Transfer Quantity, as stated in Exhibit B attached hereto.

5.1.2 Contractor acknowledges and agrees that other CCWA Participants may join this Agreement after Contractor becomes a Party, which in turn will change the Total Transfer Quantity set forth in Exhibit B. Exhibit B may be modified without amendment of this Agreement.

Upon the addition of any new Contractor, CCWA shall provide prompt notice of the modified Exhibit B to Contractor.

5.1.3 For Total Expenses arising from services that benefit only one Contractor, that Contractor shall pay CCWA the Total Expenses related to said service(s).

5.1.4 In the event CCWA reasonably determines that Total Expenses may exceed $50,000, CCWA may request that Contractor place on deposit with CCWA Contractor's pro rata share of Total Expenses. CCWA shall provide Contractor with an invoice requesting such deposit and Contractor shall remit the amount stated in the invoice within thirty (30) days of receipt.

5.2 Contractor's Share of Revenues. Contractor shall be entitled to receive its pro rata share of any funds due to CCWA pursuant to the Project Agreement. Contractor's pro rata share shall be equal to the Contractor's Transfer Quantity divided by the Total Transfer Quantity, as stated in Exhibit B. Upon receipt of Purchaser payments under the Project Agreement, CCWA shall deliver to Contractor the Contractor's pro rata share of the payment received from Purchaser.

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Contractor shall provide CCWA with payment instructions for this purpose. CCWA may, in its sole and absolute discretion, deduct any Total Expenses due from Contractor from the payment otherwise due to Contractor.

5.3 Reconciliation. Upon termination of this Agreement, CCWA shall provide to Contractor an accounting of the actual amounts the Contractor is obligated to pay to CCWA and are due to Contractor. Any overpayment by any Contractor shall be promptly refunded by CCWA and any underpayment by Contractor shall be promptly paid to CCWA. For clarity, in the event that the DWR Approval Agreement(s) for the Project is not executed and therefore that such Project does not occur, CCWA shall not be obligated to refund Contractor's pro rata share of the Total Expenses incurred.

6. Cooperation; Contractor's Authorized Representative

6.1 Cooperation. Contractor acknowledges that CCWA's ability to transfer Surplus Water, as provided in this Agreement, requires Contractor's cooperation. Contractor shall reasonably cooperate with CCWA, at CCWA's request, in all ways as may be necessary to carry out the terms and conditions of this Agreement.

6.2 Party's Authorized Representative. Concurrent with execution of this Agreement, in the signature block of this Agreement, each Party shall identify and provide the contact information for its authorized representative ("Authorized Representative"). Contractor represents and warrants that its Authorized Representative has full authority to grant, provide and enter into, by and on behalf of Contractor, any and all consents, approvals, instructions, authorizations or agreements by Contractor in connection with this Agreement (collectively, "Contractor Directions"). CCWA shall be entitled to rely upon, without inquiry, the full authority of Contractor's Authorized Representative.

7. Obligation in the Event of Default

7.1 Written Demand Upon Failure to Make Payment or Perform Obligation. Upon any Contractor's failure to make any payment in full when due under this Agreement or to perform any other obligation hereunder, CCWA shall make written demand upon the Contractor, and if such failure is not remedied within thirty (30) days from the date of such demand, such failure shall constitute a default and breach of this Agreement.

7.2 Termination of Contractual Rights; Continuing Obligations. Notwithstanding any provision in this Agreement to the contrary, upon any Contractor's failure to make any payment, which failure constitutes a default under this Agreement, CCWA may terminate this Agreement as to such defaulting Contractor. Irrespective of such termination, all obligations of the defaulting Contractor under this Agreement shall continue in full force and effect. CCWA's termination as to any defaulting Contractor pursuant to this Paragraph is in addition to all other remedies provided by this Agreement.

7.3 CCWA's Use of Other Funds. CCWA may draw upon and use any unobligated funds held by CCWA as credits payable to the defaulting Contractor, including "O&M Year-end

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Credits" and any other credits held by CCWA for the benefit of the defaulting Contractor, and any cash that the defaulting Contractor may have on deposit with CCWA, for example in the "DWR Reserve Fund" or the "Rate Coverage Reserve Fund," to satisfy the defaulting Contractor's payment obligation, in whole or in part. CCWA shall provide to the defaulting Contractor an accounting of any such credits or deposits applied. CCWA's use of other defaulting Contractor funds pursuant to this Paragraph is in addition to all other remedies provided by this Agreement.

7.4 Increase in Non -defaulting Contractor Costs. Notwithstanding any provision in this Agreement to the contrary, in the event a defaulting Contractor's payment obligations under this Agreement exceed the amount of funds available under Paragraph 7.3, the pro rata share of each non -defaulting Contractor shall be automatically increased pro rata with the other non -defaulting Contractors for the remaining term of this Agreement. Contractor acknowledges and agrees that its pro rata share of Total Expenses may increase as a result of a default by another Contractor.

7.5 Right of Recovery from Defaulting Contractor. If a Contractor fails or refuses to pay any amounts due to CCWA under this Agreement, the non -defaulting Contractors' increased obligations to make such payments shall not relieve the defaulting Contractor of its liability for such payments. Each non -defaulting Contractor shall have a right of recovery from the defaulting Contractor to the extent of such non -defaulting Contractor's respective increase in obligation caused by the defaulting Contractor. Any amounts received by CCWA from the defaulting Contractor for costs that were previously paid by a non -defaulting Contractor pursuant to Paragraph 7.4, shall be reimbursed by CCWA to the non -defaulting Contractors.

7.6 Transfer of Defaulting Contractor's Account. Upon the failure of any Contractor to make any payment which failure constitutes an uncured default under this Agreement, CCWA shall use its best efforts to transfer any payment received by CCWA from Purchaser under the Project Agreement to which defaulting Contractor would otherwise be entitled under Paragraph

5.2 of this Agreement for all or a portion of the remainder of the term of this Agreement to the non -defaulting Contractors on a pro rata basis. Notwithstanding the foregoing provision, any and all defaulting Contractors shall remain liable to CCWA and/or to any and all non -defaulting Contractors to pay the full amount of their costs in accordance with this Agreement as if such transfer had not been made.

8. Disclaimer of Liability

8.1 Contractor acknowledges and agrees that CCWA is in good faith administering the Surplus Water Transfer Program and facilitating the Project on behalf of Contractor in exchange for Contractor's full reimbursement of Contractor's pro rata share of CCWA's Total Expenses and full assumption of CCWA's liabilities related to or arising out of this Agreement and any related agreements pertaining to the Project. As a result, it is the intent and agreement of the Contractor and CCWA that CCWA shall not incur any expense or liability for such assistance to any Contractor under this Agreement for any cause, except for any loss or damage to the extent caused by CCWA's sole negligence, willful misconduct, or breach of this Agreement.

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8.2 To the maximum extent permitted by law, neither CCWA, nor any of its elected officials, officers, agents, employees, consultants, or attorneys, nor any of the CCWA Participants who are not also Parties to this Agreement, shall be liable to any Contractor pursuant to this Agreement or otherwise for any claims, liabilities, damages, losses, actions, penalties, proceedings, or expenses in the event any condition precedent to this Agreement is not satisfied, any approval required to permit any portion of the Project is not obtained or is conditioned in any manner that is not acceptable to Contractor, or any Surplus Water deliverable to CCWA under the Project Agreement is not delivered to CCWA, or CCWA is unable to deliver such water to Contractor for any reason, whether such claims, liabilities, damages, losses, actions, penalties, proceedings, or expenses arise prior to or following termination or expiration of this Agreement, except for any loss or damage to the extent caused by CCWA's sole negligence, willful misconduct, or breach of this Agreement.

9. Indemnification and Defense

9.1 Indemnification. Contractor ("Indemnifying Party") agrees to indemnify, defend, protect and hold harmless CCWA and its officers, directors, employees, agents, consultants, and attorneys, and CCWA Participants who are not also Parties to this Agreement (each an "Indemnified Party" and collectively, the "Indemnified Parties"), from and against any and all claims, liabilities, damages, losses, actions, penalties, proceedings, and expenses, including attorneys', paralegals', consultants', and experts' fees, costs, and expenses, arising from or relating to: (a) this Agreement or the Project; (b) any breach by Contractor of this Agreement; or (c) any inaccuracy in, or breach of, any representation or warranty made by Contractor in this Agreement, including Paragraph 2.2, whether such claims, liabilities, damages, losses, actions, penalties, proceedings, or expenses arise prior to or following termination or expiration of this Agreement, except to the extent caused by the Indemnified Party's sole negligence, willful misconduct, or breach of this Agreement.

10. Remedies

10.1 If any Party does not timely perform its obligations pursuant to this Agreement, all other Parties shall be entitled to proceed to protect and enforce their rights as provided in this Agreement by such appropriate judicial proceedings as each Party may deem most effectual, either by suit in equity or by action at law, whether for the specific performance of any covenant or agreement contained herein or to enforce any other legal or equitable right vested by this Agreement or by law. The provisions of this Agreement and the duties of each Party and its elected officials, officers, agents, or employees shall be enforceable by mandamus or other appropriate suit, action, or proceeding in any court of competent jurisdiction.

10.2 The Parties agree that in the event of a default of this Agreement by a Party, all other Parties shall have all remedies in law or equity available to them, including specific performance and termination of this Agreement, and no remedy or election shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity.

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11. Effective Date; Term; Termination

11.1 This Agreement shall be effective on the Date executed by Contractor ("Effective Date"). In the event of more than one Contractor, each Contractor's Effective Date shall be the date this Agreement is executed by said Contractor.

11.2 Except as otherwise provided in this Agreement, the term of this Agreement shall commence on the Effective Date and shall continue until the termination of the DWR Approval Agreement(s), or until each Party's final payment required under this Agreement, whichever is later.

11.3 CCWA may terminate any Contractor's rights under this Agreement by providing notice of such termination to Contractor and all other Contractors: (1) in the event any of the conditions required by this Agreement are not satisfied; or (2) in the event a Contractor fails to make any payment required by this Agreement. This Agreement may be terminated by any Contractor as to that Contractor only upon the expiration of thirty (30) days following the later of (i) delivery of written notice of termination to CCWA; and (ii) discharge by the Contractor, or satisfactory assurance of performance, of all financial obligations hereunder. CCWA shall promptly provide a copy of any such notice of termination received by CCWA to all other Contractors.

11.4 Notwithstanding any provision in this Agreement to the contrary, the payment obligations of Contractor to CCWA under Paragraph 5 shall continue in full force and effect and the obligations set forth in Paragraphs 8, 9, and 10 shall survive in full force and effect until the expiration of the applicable statute of limitations, or any claim or litigation concerning this Agreement within the applicable statute of limitations is finally resolved, whichever occurs later.

12. General Provisions

12.1 Assignability. This Agreement shall not be assigned by Contractor without the prior written consent of CCWA, which consent shall not be unreasonably withheld. Any attempted assignment without the prior written approval of CCWA shall be void.

12.2 Attorneys' Fees. In any action to enforce or interpret this Agreement, the prevailing party shall recover from the non -prevailing party, in addition to any damages, injunctive or other relief, all costs (whether or not allowable as "cost" items by law) reasonably incurred by the prevailing party at, before and after trial or on appeal, or in any bankruptcy proceeding, including attorneys' and witness (expert and otherwise) fees, deposition costs, copying charges and other expenses.

12.3 Construction. The provisions of this Agreement should be liberally construed to effectuate its purposes. The language of all parts of this Agreement shall be construed simply according to its plain meaning. Any rule of contract interpretation to the effect that ambiguities or uncertainties are to be interpreted against the drafting party or the party who caused it to exist shall not be employed in the interpretation of this Agreement or any document executed in connection herewith, as each Party has participated in the drafting of this document and had the opportunity

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to have their legal counsel review it. The Recitals to this Agreement are incorporated herein and made a part hereof by this reference. The defined terms in this Agreement shall apply equally to both the singular and the plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The terms "person" and "party" include individuals, corporations, partnerships, trust, and other entities and associations. The words "include," "includes" and "including" shall be deemed to be followed by the phrase "without limitation."

12.4 Counterparts; Electronic Signatures; Delivery by Email. The Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which when taken together shall constitute one and the same document. Counterparts may be delivered via electronic mail (including PDF or any electronic signature complying with the federal Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000 (P.L. 106-229), e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

12.5 Due Authority. Each Party hereby represents and warrants that the individual executing this Agreement is expressly authorized to do so on behalf of such Party and to bind that party to perform all acts required by this Agreement, and that the consent, approval, or execution of or by any additional person or party is not required to legally bind that party to the terms and conditions of this Agreement.

12.6 Entire Agreement; Prior Agreements Superseded; Modification. The making, execution and delivery of this Agreement have not been induced by any representations, statements, warranties or agreements other than those herein expressed. This Agreement constitutes the entire agreement and understanding of the Parties concerning the subject matter hereof. This Agreement supersedes all prior negotiations, agreements, representations and understandings of the Parties relating to the subject matter hereof, including similar agreements from prior years. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all Parties.

12.7 Good Faith. The Parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this Agreement and to execute such further instruments and documents as are necessary or appropriate to effectuate all of the terms and conditions of this Agreement.

12.8 Governing Law; Venue. This Agreement and all matters relating to this Agreement shall be governed by the laws of the State of California, without regard to principles of conflicts of laws. Venue for any disputes under this Agreement shall be in Santa Barbara County, California.

12.9 Legal Advice. Each Party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions of this Agreement.

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Santa Maria City CouncilAugust 4, 2026

Santa Maria City Council
August 4, 2026