Fountain Valley City Council
June 16, 2026

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following:
 Allowing the owner to cover the vehicle or take other protective measures.
 Allowing the owner to remove personal effects or other articles from the interior of the vehicle.
 Allowing the owner, an authorized non-owner and an
unauthorized non-owner (such as a private investigator not employed by the owner) to photograph or take notes about the condition of the vehicle.
• For vehicles in its care, state the firm’s policies and procedures for:
 Determining whether or not a vehicle was damaged.
 Determining whether or not a vehicle was stolen.
 Determining whether or not property/items from a vehicle were stolen from.
 Making restitution to the owner in the event that a vehicle is damaged, stolen and/or stolen from.
• State the company’s policies and procedures for:
 Determining whether or not private property was
damaged in the course of the firm’s duties.
 Making restitution to the owner or restoring the property if so determined.
• State the company’s policies and procedures for informing a vehicle owner:
 A vehicle is in the firm’s possession
 The location of the vehicle
 The condition of the vehicle
• State the company’s policies and procedures for receiving and resolving complaints from the public. Provide the name, qualifications, and contact information for the person(s) responsible for receiving and resolving complaints.
• Describe the manner in which the company will inform the City and the public of changes to policies and procedures. Include samples of any informational material the company would use. Describe the procedures for monitoring employee adherence to procedures, whether new or established.
• Describe in detail the manner in which the company intends to meet the reporting requirements of Exhibit “C” Police Tow Policy Guidelines and Requirements. Include a detailed description of the company’s record keeping tools and methods. Describe any additional information the company is capable of recording that may be of use to Fountain Valley Police Department.

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• Propose a method of receiving completed release forms electronically from Fountain Valley Police Department by the firm, if one is available. • Propose a method of delivering the monthly report of released vehicles to Fountain Valley Police Department electronically, if available. • Propose any informational or reporting enhancements the company is capable of providing. Example: secure web-based access to the company’s inventory of vehicles towed and stored under this contract by Fountain Valley Police Department.
• Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. In addition, the City will consider Proposals that offer alternative service delivery means and methods for the services desired.

5. Understanding of Project Components
• Identify objectives/tasks that you feel are key to the success of the project; this may include items not already identified in this Request for Proposal. References for protocols and methods are encouraged.

6. Quality Control
• Describe the standards and methods used by the company to assure useful quality deliverables of this nature to the client. • Describe how your firm will address concerns or deficiencies in quality control and deliverables and give a specific example.

7. References
• Provide descriptions and references for five comparable projects that your company has previously performed, Click or tap here to enter text.

Include contact names, company/agency and telephone numbers for each.
• Identify key personnel listed on this proposal who have worked on the reference projects.

8. Cost / Fee (submit as a separate document, not attached to the Proposal/Response file)
Compensation for services provided shall be based upon the Contractor’s detailed fee proposal.
• All Proposers are required to use Attachment 1, to formulate a Cost Proposal to be submitted with their Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Proposals shall be valid for a minimum of 180 days following submission. Net compensation for services provided shall be based upon the Proposer’s detailed fee proposal and terms

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outlined under section 2. Compensation of Draft Contract enclosed as Exhibit “B”.
• Identification of all costs Consultant/Vendor will charge for performing the tasks necessary to accomplish the objectives of this RFP. The costs must break out all expenses expected to be billed to the City.

Cost proposal shall include the estimated number of project work hours by each task/requirement, and the cost of each
task/requirement. A list of hourly rates of proposed project team members shall also be included along with any other fees that may be applicable and billed. Cost is to be listed out for the term of the contract.
• Firms shall provide complete cost and billing schedules of current hourly billing rates for each specialized skill, material, and support services.
• A work program together with a breakdown of labor hours by employee billing classification together with the cost of non-labor and subcontractor services shall be included with the fee proposal. The labor breakdown shall be compiled based upon a listing of work tasks that correlates with the firm’s defined scope of work for project proposal.

This information will be used by the City staff to evaluate and compare the reasonableness of the fee schedule and may be used in determining the total cost for the proposed work.

The service contract will be for a period 5 years with the City beginning on July 1, 2026 with an expiration of June 30, 2031. There will be an option of two (2) additional one (1) year extensions.

V. GENERAL REQUIREMENTS
A. DISCLAIMER
This RFP does not commit the City to award a contract, or to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified Contractor, or to cancel this RFP in part or in its entirety. The City may require the selected Contractor to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from Negotiations.

VI. TENTATIVE SCHEDULE OF EVENTS
The following is the Schedule of events that the City plans to follow in conducting this solicitation:

Event Tentative Date
Issuance of RFP Thursday, April 2, 2026
Clarification Questions Due by: Thursday, April 16, 2026 Due Date for Proposals Thursday, April 30, 2026

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Interviews/Inspection of Finalists, Week of May 18, 2026 Tentative Selection and City Council Award Tuesday, June 2, 2026 Begin Project Wednesday, July 1, 2026
VII. PROPOSAL EVALUATION, INTERVIEWS AND AWARD PROCESS
A. Evaluation Criteria
Award will be based upon a review and evaluation by a committee designated by the Purchasing Officer. Each proposal will be evaluated based on the following criteria but not limited to.

General approach and work plans to meet the requirements of the specified City objectives described in the RFP. Depth of proposer’s understanding of City’s requirements and overall quality of work plan and clarity. Understanding of compliance with all Federal, State and County health regulations.

Qualifications and experience of the project manager and other key individuals.

The contractor’s /consultant’s past performance on projects of similar size and scope.

Cost & Price. Reasonableness of rates; competitiveness with other offers received; adequacy of data in support of figures quoted.

Inspection of proposers business office and tow yard.

B. Interviews
If interviews are needed. A few days’ notice will be sent via email to the proposer. An interview may not be required or needed to award a contract.

C. Evaluation Procedure
An evaluation committee will be appointed to review all proposals received for this RFP. The committee is chaired by the Purchasing Officer, comprised of City staff and may include outside personnel. The committee members will evaluate the written proposals using the evaluation criteria identified. A list of top ranked proposals, firms within a competitive range, will be developed based upon the totals of each committee members’ score for each proposal. During the evaluation period, the City may interview some or all of the proposing firms. The City has established the week of May 18, 2026 as the date(s) to conduct interviews. All prospective Proposers are asked to keep these dates available. No other interview dates will be provided, therefore, if a Proposer is unable to attend the interview on the selected date(s), its proposal may be eliminated from further discussion. The interview may consist of a short presentation by the Proposer after which the evaluation committee will ask questions related to the firm’s proposal and qualifications. At the conclusion of this interview process, the evaluation committee will provide a recommendation for award and the proposer being recommended will receive a notice of intent to award pending successful negotiations and contract preparation. Upon successful completion of this process, a recommendation will be made to the City Council, based on the contract, for their review and consent and unsuccessful firms will be notified.

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D. Notification of Awards
The successful proposer will be required to execute a Contract agreement, See “Draft Contract”, with the City, which is subject to formal approval by the Fountain Valley City Council. The proposer will also be required to purchase a City Business License annually during the duration of the contract.

1. Tow Policy Guidelines and Requirements (Exhibit “C”)

2. Cost Proposal Fees (Attachment 1)

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Organizational chart

City Liaison----
Primary
Daily
Police Department
Contacts
Night
Police Department
Contacts
**Please contact Tyler at [email protected] or call 949-642-1252 with any questions or to request additional documents such as financial capacity, training certificates, insurance info ETC.

Thank you for your consideration
Wayne Miller
President
(Onsite early morning to afternoon 7
days a week)
Tyler Miller
Vice President
(Onsite Mon-Fri 7-5)
Chris Yagerlener
General Manager
(Onsite Mon-Fri 8-5)
Alex Silva
Manager
(On Site Weds- Sun 8-5)
Chuy Siller
Lead Driver
(Onsite and in the field
days and
Some nights)
Justin Yagerlener
Night Dispatcher
(Onsite nights)

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Response to:

City of Fountain Valley
RFP 26.005
Police Directed Towing and Storage Services
Minimum Qualifications and Requirements Documentation
G&W Towing can satisfy all the requirements in this section. -Please see the corresponding page numbers for evidence of minimum requirements.

G&W Towing satisfies all the requirements in the entire RFP.

A. Must have 10 years of continuous tow service for a government agency. -G&W Towing has been continuously serving various government agencies for well over 10 years. Please see page 14-15 for a confirmation email of a contract that renewed in 2009 with Costa Mesa that is still in force today. G&W has served Costa Mesa continuously since the 1980’s.

B. Must be owned by the current owner for a minimum of five years. -G&W Towing has been owned by the same owner since 1970. Please see page 16 for a document filing that shows that in 2008 our owner was the same as it is today.

C. Must have the ability to store two vehicles inside approximately 500 square feet. -G&W Towing has approximately 3,700 square feet of inside storage available.

Roughly 20 cars can fit in this space. Please see page 17 for a photo showing a portion of our indoor space.

D. The open vehicle storage area shall be a minimum of five thousand square feet and shall be enclosed with a solid wall or a fence not less than six feet in height. The enclosure structure shall be provided with not less than one gate or door of adequate width and of a height equal to that specified above.
-G&W Towing sits on approximately 70,000 square feet of space. The space is completely fenced in and has to gate for access. See page 18 for photos.

E. Must have 24 hours a day access to inside storage.
-G&W is properly permitted by the City of Costa Mesa to operate 24 hours a day without restriction. This includes access to our indoor storage are. See page 19 for our original operation permit which is still in use today.

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F. Business office must be located within a five (5) mile radius of Fountain Valley Police Department (10200 Slater Ave, Fountain Valley, CA 92708). -The G&W Towing business office and tow yard are within a 5 mile radius of FVPD. Please see page 20 for confirmation of this.

Equipment and Facilities:

G&W Towing can satisfy all the requirements in this section.

1. Provide a list and short description of all of the vehicles proposed to be used in the performance of services. In the event that the firm does not currently own or lease a sufficient amount of vehicles, provide a description of the firm’s plan to acquire the necessary equipment.
-6 Wheel lift trucks-These are small trucks mainly used for parking control calls. -6 Flatbed medium duty trucks*these are trucks used for accident/disabled vehicles. All of our medium duty trucks are Peterbilt 337 trucks. -1 Heavy duty recovery truck-This truck handles big rig tows or vehicles that leave the roadway and need to be winched back to the road. Our heavy duty truck is a 2019 Peterbilt 579 truck.

2. Describe the radio equipment proposed to be used in the dispatching of tow vehicles. If dispatching is aided by equipment in addition to radios, describe that equipment.
–We use two way radios from our dispatch office to each of our trucks. Drivers receive addresses to police calls by radio and then enter addresses in to in truck GPS units for directions. We also utilize GPS tracking on a screen in our dispatch office to guide our trucks to where they are going if needed.

3. Provide a detailed description of the firm’s facilities including storage lots and business offices. In the event that the firm does not currently own or lease sufficient facilities, provide a description of the firm’s plan to acquire the necessary facility. -Our office and storage facility is located at 965 W. 18th Street Costa Mesa Ca 92627. We occupy 70,000 square feet of property that is fully permitted to operate 24 hours a day 7 days a week. Our facilities can hold 200 vehicles outside and 20 vehicles inside. Our dispatch offices and inside evidence storage are located within a large industrial building. A portion of our building is dedicated to secure indoor evidence storage of up to 20 vehicles. Please note this is much larger than what this contract calls for. Our evidence storage is concrete, clean, well lit and has 24 hour video surveillance. The evidence section is large enough to cover any vehicle for inspection by police day or night. Our evidence area is dedicated to police evidence and only managers have access to the area. Nobody other than managers and police personnel ever enter the evidence storage area. Our mechanic shop consists of approximately 1,500 square feet of the building. Our 2 full time mechanics are constantly performing routine maintenance on our trucks ensuring a safe fleet. The rest of the building is dedicated to dispatch and administrative offices.

4. Provide a detailed description of facility security.

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–For security our office is staffed by a G&W employee 24 hours a day 365 days a year. The yard is brightly illuminated by high powered energy efficient lights at night.

The yard is enclosed by an 9 foot barbed wire fence and is routinely checked for any signs of weakness. Every in inch of the facility is covered by motion sensor security cameras that have night vision. Cameras are located inside and outside to monitor everything. Audio is also recorded inside the dispatch office. Security footage can be retrieved in minutes if needed.

Key Personnel:

1. Identify the members of the staff who would be assigned to act for Proposer’s firm in key management and filled positions providing the services described in the Proposal, and the functions to be performed by each.
-G.W. Miller, President. 55 year’s experience. Will act for the firm. -Will be responsible for implementation and execution of contract. -Tyler Miller, Vice President. 19 year’s experience. Will be main contact between G&W and Fountain Valley staff.
-Will be part of G&W team implementing service and providing quality control on services rendered. E.g. Response times, and meeting FVPD contract terms.
-Chris Yagerlener, General Mgr. 33 year’s experience. Main daily contact between FVPD and G&W Towing.
-Will be in charge of meeting contract requirements daily. -Responsible for staffing and training.
-Alex Silva, Manager, 38 year’s experience. Will be in contact daily with FVPD dispatch.
-Alex will be interacting with the public daily handling vehicle and property releases.
-Alex will ensure quality customer service and ensure customers and quickly retrieve vehicles.

2. Include brief resumes or curriculum vitae of each such staff member, including name, position, telephone number, email address, education, and years and type of experience.
-G.W. Miller-President 949-642-1252 Email: [email protected], -Education: some college.
-Founded G & W Towing in 1970. 55 years towing experience. - Built company from 1 tow truck to where we are today. -Licensed heavy duty driver.
-Certified to operate all equipment we have.
-Widely known as industry expert in towing community.
-Overseen a variety of government agency contract over including: Newport Beach PD, Costa Mesa PD, Irvine PD, UCIPD etc.
-Certified by the California Tow Truck Association.

Tyler Miller V.P.- 949-642-1252 Email: [email protected]
-19 years of towing industry experience.

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-Education: Graduate of the University of Colorado, Boulder. -Responsible for procuring municipal contracts.
-Licensed heavy duty driver.
-Certified to operate all equipment we have.
-Overseas all aspects of business operations and procedures. -Certified by the California Tow Truck Association.
-Overseen a variety of government agency contract over including: Newport Beach PD, Costa Mesa PD, Irvine PD, UCIPD etc.

Chris Yagerlener GM- 949-642-1252 Email: [email protected]
–Education: Some college.
-33 years of towing industry experience.
-Licensed heavy duty operator.
-Certified to operate all equipment we have.
-Oversees staffing and personnel management.
-Certified California Tow Truck Association Heavy Duty operator. -Long term Costa Mesa resident heavily involved in youth sports programs. -Overseen a variety of government agency contract over including: Newport Beach PD, Costa Mesa PD, Irvine PD, UCIPD etc.

Alex Silva- Manager- 949-642-1252 Email: [email protected]
–Education: High School
-38 years of towing industry experience.
-Licensed heavy duty operator.
-Certified to operate all equipment we have.
-Responsible for day to day office management and customer interaction. -Certified California Tow Truck Association Operator.
-Responsible for meeting Police department requirements on a day to day basis.

3. The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City. -G&W Towing agrees to this.

4. If key personnel are not available for work under this contract for a continuous period exceeding thirty calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications.
-G&W Towing agrees to this.

2.Company experience:
-G & W Towing has been providing towing services in Southern California since 1970. We have the largest indoor and outdoor storage facilities around and many of our employees have been with us for 15+ years. We have a wide range of equipment to handle any vehicle we may come across. G & W uses the latest technology to track our fleet and position our trucks in order to serve various Police Departments as quickly and efficiently as possible. G & W Towing operates out of a single location near Fountain Valley so our equipment is always located nearby, this includes our heavy duty equipment and allows us to respond very quickly to calls for service. Our large secure indoor evidence area allows us to accommodate any police request for evidence hold.

The size of our indoor evidence hold area is much larger than this RFP requires and I

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believe that is unique to our facilities in this area. Our building is also equipped with an emergency generator should the power ever go out. Our facilities are run off a natural gas generator when electricity goes down allowing our building to remain fully operational even during a power outage. G & W Towing has been serving law enforcement agencies for 40+ years and we have the experience and equipment to handle any situation. Company experience listed below.
-Costa Mesa Police Department, 1981-present. Police directed towing and storage services. Contact: LT. Barnes 714-754-5125
-Newport Beach Police Department, 1980 to present. Police directed towing and storage services. Contact: Dep. Dir. Stafford 949-644-3650 -Irvine Police Department, 2018-present. Police directed towing and storage services. Contact: Officer Crones 949-724-7000 or Off. Hatfield 949- 724-7261
-University of California Irvine Police Department, 2010 to present. Police directed towing and storage services. Contact: LT. Mahoney 949-824-4361 -California Highway Patrol, 1980-present. Police directed towing and storage services. Officer Serfio Rivera 714-338-5500 (please note CHP officers may not be permitted to give reviews)
-John Wayne Airport, 2009-present. Airport operations towing and storage services. Contact: Operations Officer Bill Mcdonald 949-252-5244

3. Key personnel/Past performance: Below are key personnel for this project. -G.W. Miller-President 949-642-1252 Email: [email protected], -Education: some college.
-Founded G & W Towing in 1970. 55 years towing experience. - Built company from 1 tow truck to where we are today. -Licensed heavy duty driver.
-Certified to operate all equipment we have.
-Widely known as industry expert in towing community.
-Overseen a variety of government agency contract over including: Newport Beach PD, Costa Mesa PD, Irvine PD, UCIPD etc.
-Certified by the California Tow Truck Association.

Tyler Miller V.P.- 949-642-1252 Email: [email protected]
-19 years of towing industry experience.
-Education: Graduate of the University of Colorado, Boulder. -Responsible for procuring municipal contracts.
-Licensed heavy duty driver.
-Certified to operate all equipment we have.
-Overseas all aspects of business operations and procedures. -Certified by the California Tow Truck Association.
-Overseen a variety of government agency contract over including: Newport Beach PD, Costa Mesa PD, Irvine PD, UCIPD etc.

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Chris Yagerlener GM- 949-642-1252 Email: [email protected]
–Education: Some college.
-33 years of towing industry experience.
-Licensed heavy duty operator.
-Certified to operate all equipment we have.
-Oversees staffing and personnel management.
-Certified California Tow Truck Association Heavy Duty operator. -Long term Costa Mesa resident heavily involved in youth sports programs. -Overseen a variety of government agency contract over including: Newport Beach PD, Costa Mesa PD, Irvine PD, UCIPD etc.

Alex Silva- Manager- 949-642-1252 Email: [email protected]
–Education: High School
-38 years of towing industry experience.
-Licensed heavy duty operator.
-Certified to operate all equipment we have.
-Responsible for day to day office management and customer interaction. -Certified California Tow Truck Association Operator.
-Responsible for meeting Police department requirements on a day to day basis -Above are the key staff members for this project. No sub-consultants will be used.

General Scope of Work Personnel:
-At least 2 of the above listed personnel are available or onsite 24/7 365 days a year.

We also keep our office staffed 24/7 should we need to release a vehicle at any time. -We have drivers on the clock 24/7 that can handle all vehicle towing mentioned in scope of work part B and part C. Heavy duty drivers are available if needed as well. -No subcontractors will be used.
-G&W agrees to notify the City in writing should any changes to key personnel be made. -No consultants will be used.

4. Approach and Schedule:
-G&W Towing has the employees, the equipment, the experience and the facilities to accomplish all of the elements listed under “General Scope of Work”. We staff drivers out in the field 24/7 on order to tow any vehicles needed. We also staff our office 24/7 in order to be able to release any vehicle to the owner or accommodate any requests from FVPD. We agree to the proposed rotation schedule mentioned. -G&W will complete City requests in a timely manner by staffing employees specifically to service the City of Fountain Valley. Over the past 5 years of serving the City we have developed schedules to have the appropriate amount of trucks stationed in Fountain Valley as well as the right amount of staff in our office to release vehicles and address and requests. We intend to keep the appropriate amount of employees on duty to service the City and make adjustments to staffing if necessary.

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-Describe, in detail, the company’s method of approach to the Scope of Work as defined in Exhibit “C” Police Tow Policy Guidelines and Requirements. Address the manner in which the firm proposes to meet the specific requirements of the scope of work including, but not limited to, response time, business office and hours, 24-hour availability and reporting requirements.

-G&W Towing was founded in 1970 and has been serving various law enforcement agencies near Fountain Valley since then. We have very experienced management, a large fleet, and state of the art facilities to meet law enforcement needs.

The following will address the manner in which G&W Towing plans to meet the requirements in the scope of work section:

-Response time: G&W Towing shall station 4 trucks strategically throughout the City near high traffic areas at peak hours when on rotation. This will allow a truck to respond to Police calls in well under the required 20 minute response time. If multiple calls come in at once separate G&W tow trucks will be moved in to the area in anticipation of calls for service. G&W uses GPS guidance to position trucks as well as to route the nearest available truck to a scene. Having trucks on standby in the area will allow G&W Towing to respond to calls in under 10 minutes a majority of the time.

-Business office and hours: G&W Towing is located within a 5 mile radius of FVPD and has vehicle storage capacity of 200 cars outside and 20 vehicles indoors.

Our business office is staffed with at least one person 24/7 to handle any vehicle or property releases in a timely manner, or answer any questions from the public. The yard is enclosed with a barbed wire 10 foot tall fence, illuminated thoroughly at night, and the entire area is recorded with 16 state of the art security cameras that track movement.

Our evidence storage area is within our storage facility and can house 20+ vehicles.

This area is closed off to employees and can be sealed by FVPD if needed.

-24 Hour availability: G&W Towing is adequately staffed 24/7 to respond to any FVPD needs. G&W keeps drivers on the clock at all hours and staffs an office dispatcher 24/7 to serve FVPD and public needs. Having drivers on the clock allows G&W to respond quickly to any need. Having an employee onsite allows G&W to quickly release vehicles at any hour. G&W provides a safe indoor area customers can enter at any hour. Our customers do not have to wait outside for a G&W employee to show up, there is someone already at our facility at all times. Our facilities are properly permitted with the City of Costa Mesa to operate 24 hours a day.

-Reporting requirements: G&W keeps all records regarding towed vehicles and employees for a time period of 7 years. All the records required by this RFP are on site and available for inspection by the FVPD at any time. G&W is able to provide any record needed to the FVPD and can transmit records electronically if needed. We utilize software that allows G&W employees to easily and quickly locate information FVPD may need.

-Staff: G&W staff has as much experience providing law enforcement towing services as any company in Southern California. Just our upper management has over 125 years’ experience providing excellent service to local police agencies. G&W also has many employees that have worked here over 15 years. All G&W employees are

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Live Scanned and background checked by multiple agencies. All employees are appropriately trained and are continually trained on safe operating procedures.

-Equipment: G&W Towing possesses trucks for each class of tow truck listed in the RFP. This includes a Class D super heavy duty tow truck. All G&W equipment is company owned and no work will be subcontracted. Our fleet is constantly being updated to newer, cleaner and more efficient trucks.

List the names, titles, responsibilities and telephone numbers of the persons to be contacted, at any hour, in the event of an emergency.
- Wayne Miller, Pres. Responsible for all aspects of operations. (949)642-1252
-Tyler Miller, V.P. Business development and operations. (949)642-1252
-Chris Yagerlener, GM Responsible for staff and operations. (949)642-1252
-Alex Silva, Mgr, Responsible for dispatch and office operations. (949)642-1252
- Describe in detail the company’s proposed procedures for the release of a vehicle under this contract.
-Vehicles with Police holds are available for pickup 24 hours a day 7 days a week with a Police vehicle release (if required by FVPD). Vehicle owners can present a vehicle release in our lobby 24/7 without waiting and upon presenting proper ID, documentation and payment will receive their vehicle. G&W Towing can adapt to any release procedures set forth by FVPD. For example if a vehicle is towed for expired registration G&W can check to make sure the vehicle is registered before it is released versus having the vehicle owner go to the Police Department for a registration check and then going to the tow yard to retrieve the car.
-Describe the company’s proposed policies and procedures for allowing access to vehicles by owners. Additionally, state procedures for the following:
-Owners and authorized non-owners have 24 hour access to their vehicles.

Vehicles with police holds are available 24 hours a day with police authorization. An ID will be required to access a vehicle and the person accessing the vehicle will be accompanied by a G&W employee to record items removed and ensure other vehicles are not touched.
a. Allowing the owner to cover the vehicle or take other protective measures. -We allow vehicle owners to cover their vehicles or take other protective measures. We often roll up windows and close tops on convertibles to prevent weather damage. Inside storage is also available on request.
b. Allowing the owner to remove personal effects or other articles from the interior of the vehicle.
-Owners or authorized non-owners have access to vehicles 24 hours a day 7 days a week. Owners retrieving property are provided with carts for convenience to empty their vehicle. Items retrieved are recorded and signed for. A G&W employee supervises people removing property to ensure security of other vehicles in the yard.

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c. Allowing the owner, an authorized non-owner and an unauthorized non-owner (such as a private investigator not employed by the owner) to photograph or take notes about the condition of the vehicle.
-Owners and authorized non-owners are allowed full access to their vehicle as necessary for photographs etc. Un-authorized non-owners are not allowed access. -For vehicles in its care, state the firm’s policies and procedures for:
a. Determining whether or not a vehicle was damaged.
-First, inspect the vehicle as required. Second, review the police report for the vehicle and compare findings. Then continue investigating using all resources including security cameras, vehicle tracking, and employee and customer interviews. Use that information to come to a fair conclusion.
b. Determining whether or not a vehicle was stolen.
-Conduct a thorough search of our facility and investigate all possible reports(security cameras/video motion sensors etc.) and use other information to determine if anything is missing. Please note we verify our inventory multiple times a week and as a result we have not had a vehicle stolen in our 50-year history.

c. Determining whether or not property/items from a vehicle were stolen from. -Review the Police departments inventory report. Conduct a thorough investigation using all Possible resources, including security cameras and motion sensors, vehicle tracking, and employee interviews to reach a fair and true resolution. -State the company’s policies and procedures for:
a. Determining whether or not private property was damaged in the course of the firm’s duties.
-Review the Police Departments report of the incident. Conduct a thorough investigation using all possible resources, and interview all witnesses to reach a fair and true resolution.
b. Making restitution to the owner or restoring the property if so determined. -If restitution is due to an owner, either our company or our insurance company could make payment.
-State the company’s policies and procedures for informing a vehicle owner:
a. A vehicle is in the firm’s possession
-Notices to vehicle owners are sent as required by law using an independent third party service, licensed by the state of California. b. The location of the vehicle
-Location of the vehicle is included in the notice sent by an independent third party service.
c. The condition of the vehicle
-Condition of the vehicle is included in the report sent by the police department and the independent third party service.

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-State the company’s policies and procedures for receiving and resolving complaints from the public. Provide the name, qualifications, and contact information for the person(s) responsible for receiving and resolving complaints. –Although G&W has no material complaints on record, any complaint received by any method is thoroughly investigated by either of our company managers to reach a fair resolution. Our managers are Chris Yagerlener and Alex Silva and they have over 50 years of experience in the tow industry between them. They are both available at our office located at 965 W. 18th Street Costa Mesa, ca 92627 or by phone at 949-642- 1252. If a complaint is received one of our managers will conduct interviews with all parties involved as well as gather available evidence (GPS reports, security footage) to get down to the facts of what happened. If a complaint is found to be credible the employee involved is dealt with appropriately depending on the complaint. -Describe the manner in which the company will inform the City and the public of changes to policies and procedures. Include samples of any informational material the company would use. Describe the procedures for monitoring employee adherence to procedures, whether new or established.
–Any changes in policies will be communicated in writing to the City of Fountain Valley, and will be posted in our lobby for the public. The City would receive a letter on G&W letterhead similar to the one at the start of this proposal and a similar letter would be posted in our lobby for the public. Our employees are monitored daily and any policy changes are addressed at employee meetings and posted in our dispatch office. Our GPS enabled trucks allow management to monitor things like speed and driving habits to ensure safe driving.
-Describe in detail the manner in which the company intends to meet the reporting requirements of Exhibit “C” Police Tow Policy Guidelines and Requirements. Include a detailed description of the company’s record keeping tools and methods. Describe any additional information the company is capable of recording that may be of use to Fountain Valley Police Department.
–We will meet the Police Department reporting requirements by using our computer systems storage reporting function as necessary to fully comply. Reports will be generated as required or as requested containing any information the police department requests. Our computer dispatch system can generate many data points relating to calls for service by the Police Department. -Our vehicle storage software keeps records of all the data points listed in pages 18-20 of Exhibit “C” Tow Policies and Guidelines. Reports will be generated and turned in as required by the contract. Hard copies of records are available for inspection by the FVPD at any time. Office workers are also all trained and proficient in using our vehicle towing and storage software and can retrieve records quickly for FVPD at any time. -Propose a method of receiving completed release forms electronically from Fountain Valley Police Department by the firm, if one is available. –Releases can be received digitally by email to a designated email address we can provide. We are also able to receive releases by fax, internet or any other means if desired.
-Propose a method of delivering the monthly report of released vehicles to Fountain Valley Police Department electronically, if available.

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–We are able to FAX, email, or hand deliver monthly reports if desired. -Propose any informational or reporting enhancements the company is capable of providing. Example: secure web-based access to the company’s inventory of vehicles towed and stored under this contract by Fountain Valley Police Department. –We currently use computers for our information reporting requirements.

Information is available 24 hours a day 7 days a week as needed. We are willing to fully cooperate with The Police Department request for share information if desired. -Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. In addition, the City will consider Proposals that offer alternative service delivery means and methods for the services desired. –We currently use GPS tracking to position our trucks across various cities we serve to respond as quickly as possible to any call. Should we be selected by Fountain Valley we will position trucks across the city. We also constantly upgrade our fleet to utilize the newest trucks and technology. Because of this we are able to take advantage of improvements by manufacturers so our trucks run as efficiently as possible. We always look for ways to upgrade our efficiency and if we find a way to do that we implement that strategy immediately. We have a very modern fleet to keep up with strict emissions laws in California. All of our medium duty flatbed trucks are capable of hauling 2 vehicles at once. This allows G&W to run more efficiently, allowing 1 tow truck to do the work of 2 and keep costs down. We are also open to any suggestions the Police Department might have for improving our service.

5. Understanding project components:
-I believe the key components to this project are to provide quality quick service to the FVPD and the motoring public in a safe and efficient manner. And also to provide quality facilities that allow safe secure storage of vehicles and give the FVPD the space needed to store vehicles that may need further investigation. The protocols we have in place to accomplish these components revolve around staffing and security. We always have 3 drivers in the area of Fountain Valley in order to quickly service any calls that come up. If our 3 drivers in the area become busy we rotate more drivers into the area.

Our security protocols stipulate that there is always one person minimum or site to monitor our building. If anyone attempts to break in to our facilities or get to a car that the police have a hold on we will know it immediately. Having someone onsite 24/7 also allows us to gather any info the Police Department may need immediately.

6. Quality Control:
-G&W Towing monitors our drivers response times via tracking software that tells us exactly how long it takes use to respond to calls for service. We monitor this info daily to make sure our drivers are showing up within our required response times. For our facilities we monitor them using 20+ security cameras to ensure our facilities are secure. We monitor and keep recordings or security footage so we can make sure nobody gains entry to our property without consent.
-Although it has not happened yet if we became aware that our response times were getting to high we would position additional drivers/trucks in the area to respond faster and bring our response times down. Again it has not happened yet but if we determined there was a problem with our lot security we would purchase additional

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security equipment and consider any products or procedures in order to bring our lot security up to a satisfactory level.

7. References:
-Costa Mesa Police Department, 1981-present. Police directed towing and storage services. Contact: LT. Barnes 714-754-5125
-Newport Beach Police Department, 1980 to present. Police directed towing and storage services. Contact: Dep. Dir. Stafford 949-644-3650 -Irvine Police Department, 2018-present. Police directed towing and storage services. Contact: Officer Crones 949-724-7000 or Off. Hatfield 949- 724-7261
-University of California Irvine Police Department, 2010 to present. Police directed towing and storage services. Contact: LT. Mahoney 949-824-4361 -California Highway Patrol, 1980-present. Police directed towing and storage services. Officer Sergio Rivera 714-338-5500 (please note CHP officers may not be permitted to give reviews)
-John Wayne Airport, 2009-present. Airport operations towing and storage services. Contact: Operations Officer Bill Mcdonald 949-252-5244 -Key personnel that have worked on the above project: Please see page 4 for additional info.
-G.W. Miller -Tyler Miller -Chris Yagerlener
-Alex Silva -Chuy Siller -Justin Yagerlener
The above personnel are longtime employees who have worked on all police towing contracts we have completed in the last 20 years.

Please see below for supporting documents for questions at the beginning of this proposal. Please reach out if additional information I needed. I don’t see where financial capacity documents are requested but I can provide them if necessary. I can also send driver training certificates and insurcance documents if necessary. Please contact me at [email protected] or call 949-642-1252. Thank you for your consideration.

For Question A on page 4:

Please see below for a letter from the City of Costa mesa awarding G&W Towing a contract over 10 years ago. We have also been serving the City of Newport Beach, and CHP for over 10 years. More documentation can be provided if needed.

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Please see below for page 4 question B:

Please see below for Minimum Requirements Question B: Must be owned by the current owner for a minimum of five years. This certificate is from 2008, but G&W Towing has been owned by the same owner continuously since 1970.

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Please see below for Minimum Requirements Question C: Must have the ability to store two vehicles inside approximately 500 square feet. This is a photo of our inside storage area which can hold approximately 20 vehicles.

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Please see below for Minimum Requirements Question D: The open vehicle storage area shall be a minimum of five thousand square feet and shall be enclosed with a solid wall or a fence not less than six feet in height. The enclosure structure shall be provided with not less than one gate or door of adequate width and of a height equal to that specified above.

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Please see below for Minimum Requirements Question E: Must have 24 hours a day access to inside storage. This is the original Conditional Use Permit for G&W Towing in 1990. This permit is still in use today and allows 24/7 operation.

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Please see below for Minimum Requirements Question F: Business office must be located within a five (5) mile radius of Fountain Valley Police Department (10200 Slater Ave, Fountain Valley, CA 92708). G&W is located within a 5 mile radius of 10200 Slater Ave. Fountain Valley, Ca 92708. Below shows the straight line distance from our addres to the FVPD building.

POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 Transmittal Letter
To the Purchasing Officer for the City of Fountain Valley Thank you for the opportunity to respond to this Request for Proposal. We are proud to qualify for this opportunity and are confident that the years of preparation we have invested in this contract will be evident in our response.

Southside Towing is located at 1643 Placentia Ave. Costa Mesa, it is owned and operated by David Padua.. In addition to the ownership of Southside Towing Costa Mesa, David Padua also owns Southside Towing Lake Forest, David Padua is deeply involved in the day-to-day operations of the business. It is not uncommon to see Dave on the front lines, dressed in uniform, responding to accident scenes, or providing services to the community. Professionalism and operational expertise are key to the success of the company.

In our proposal, you will find that our approach goes above and beyond the specified scope of work. We continuously strive for excellence and are committed to self-improvement. This dedication is reflected in the high-quality methods we implement. We are confident that our extensive experience and qualifications will meet and exceed your expectations.

Along with our proposal, we have included a detailed cost estimate, supported by sound financials that demonstrate the stability and capability of our company.

We look forward to a favorable response and the opportunity to contribute to the success of your city. Please do not hesitate to contact me directly at (949) 631-8698 if you have any questions or need further information.

Thank you once again for considering Southside Towing. We are eager to work with you and contribute to the success of your city.

Sincerely,
Legally authorized to bind as the proposer
Signature: David Padua
David Padua
Founder and Owner Since 2000
Southside Towing
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POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 Staffing Plan

1. Primary Staff to perform work under this agreement
Name Classification/Title/ Phone number/ call
time
Years of
Experience
David Padua Owner 949 289-4600 24 hrs 26
Donna Padua Owner 26
Gerzon Lara Costa Mesa Day Manager 714 862-9485 20
Fernando Hernandez Lake Forest Day Manager 714 906-7744 16 Fernando Bassoco Night Manager 949 357-5340 12
Linda Rodriguez Day Office Manager 949 631-8698 17

2. Alternate Staff (for use Heavy Duty Recovery)
Name Classification/Title Years of Experience
Aliso Viejo Towing Heavy Duty Recovery 29
Substitution or addition of Proposer’s key personnel in any given category or classification shall be allowed only with prior written approval of the City Project Manager.

The Proposer may reserve the right to involve other personnel, as their services are required. The specific individuals will be assigned based on the need and timing of the service required. Assignment of additional key personnel shall be subject to City Project Manager approval. City reserves the right to have any Contractor personnel removed from providing services to the City under this Agreement. The city is not required to provide any reason for the request for removal of any Contractor personnel.

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POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 Method of Approach:

We would like to express our sincere gratitude for the opportunity to respond to this RFP. We are honored to know that we qualify, and we hope that our years of preparation for this moment are evident. In this proposal, we will walk you through our approach, highlighting key elements such as our facilities, equipment, and staff. Additionally, we will outline the process for responding to a request for tow from the Fountain Valley Police Department Communication Center, bringing everything together.

Facilities Overview:

Southside Towing has three locations (1) 1643 Placentia Ave., Costa Mesa, CA 92627. The main facility has 42,000 square feet of outdoor storage with 1,300 square feet of indoor storage . (2) 1598 Placentia Ave., Costa Mesa, with 38,000 square feet of space overflow yard. (3) 2648 Newport Blvd. Costa Mesa. 21,000 square foot yard with a 5 bay garage inside storage. We can accommodate up to 27 vehicles within our inside storage.

Release Office and Operations:

Our Release Office is located at our Main Facility and is staffed 24 hours a day, 7 days a week.

The office operates Monday through Friday from 8 a.m. to 5 p.m. and is closed to the public on City-recognized holidays. A sign is posted outside the office detailing our hours of operation and providing a contact number for after-hours services.

The waiting area is equipped with clear signage outlining our posted rates and business license.

We offer both indoor and outdoor release windows to minimize wait times for vehicle owners. These windows are clear and not tinted, allowing for open and non-hostile interactions with clients. The waiting area, which spans 80 square feet, is monitored with audio and video surveillance to record all interactions. Signs are clearly displayed to inform visitors that all interactions are recorded. The space is clean, well-lit, and designed to represent the professionalism of the City and its contractor.

Evidence Room:

Within the Release Office, we have a fully secure Evidence Room designed to store vehicles and belongings with restricted access. The room is protected by a smart deadbolt that logs the time of entry and exit, notifying both the owner and managers. Prior to entry, visitors must sign in, and the room is monitored by surveillance cameras at all times.

Measuring approximately 1,300 square feet, the Evidence Room is clean, free of any non-evidence-related vehicles or debris, and well-lit. The space is available for City staff at any time, at no additional cost, and for unlimited use.

Outside Storage Area:

Our Outside Storage Area spans approximately 38,000 square feet., We have ample capacity to safely, securely, and comfortably store more than 100 vehicles in this space. The area is illuminated by energy-efficient LED lights, which are controlled by a timer to ensure proper lighting after hours.

Additionally, the area is under constant surveillance.

The perimeter of the Outside Storage Area is designed to discourage unauthorized access. The main gates stand 10 feet high, with an additional 2 feet of barbed wire and razor ribbon. The surrounding facility is protected by 8-foot-high block walls, with an additional 2 feet of barbed wire Pg. 3

POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 and razor ribbon along the fence line. The gates are 9 feet high and also reinforced with razor wire. The area is well-maintained, clean, and free of debris, ensuring a professional appearance. 1598 Placentia ave Costa Mesa Overflow 2648 Newport Blvd. Costa Mesa 1643 Placentia ave Costa Mesa
2648 Newport Blvd. Costa Mesa
Inside storage
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POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 Equipment Overview and Method of Approach:

At Southside Towing, we recognize the City of Fountain Valley’s specific requirements as outlined in the RFP, and we are committed to providing exceptional service that not only meets, but exceeds, these expectations. Our experience serving a wide range of clients has given us the ability to anticipate both articulated and unarticulated needs, and we are prepared to offer the same high level of service to the City of Fountain Valley.

Our fleet covers all towing needs: conventional tow trucks, flatbeds, medium-duty, and heavy-duty units. For specialized heavy recoveries — including rotator, heavy-duty, medium-duty, and landoll operations — we partner with Aliso Viejo Towing. Southside Towing maintains a versatile, comprehensive range of equipment to handle any situation, from light-duty to heavy-duty towing.

Operational Efficiency and Capabilities:

Our fleet of wheel lift tow trucks features advanced operational capabilities, with controls that allow the operator to lift vehicles directly from inside the cab. This feature is especially valuable for Police accounts, enabling our drivers to clear small, multi-vehicle accidents without the need for debris removal in under a minute. Many of our units also have external controls for additional versatility when required.

We ensure that all necessary documentation is provided promptly and accurately. For Fountain Valley Police Department-related tows, we offer customized invoicing templates that align with the City’s specific requirements. These templates allow for easy tracking through reference numbers, ensuring full traceability for each vehicle towed. This system streamlines invoicing and provides transparency throughout the process.

Commitment to Service and Professionalism:

We understand that the City of Fountain Valley requires a towing partner that operates with both reliability and professionalism. Our units are clearly identified with our company’s name, contact information, and address on white trucks with red lettering, ensuring clear visibility and accountability.

This identification is part of our commitment to safety and transparency, both for public assurance and in compliance with local ordinances.

In conclusion, we are confident that Southside Towing’s fleet, combined with our commitment to compliance, safety, and operational excellence, positions us to meet the needs of the City of Fountain Valley. We look forward to the opportunity to serve you and are available to discuss any further questions or provide additional information as needed.

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POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 At Southside Towing, we have cultivated a team of highly skilled professionals who are experts in their respective fields. While we encourage employees to specialize in their areas of expertise, we also promote versatility and critical thinking across all roles. Our leadership consistently communicates the broader vision of the company, ensuring that each team member understands our goals and objectives.

Every member of the Southside Towing team is fully aligned with the company’s mission, recognizing that the expertise and knowledge gained within our organization set them apart as superior tow operators. Employees take pride in their professional growth, which is reflected in the high standard of work they deliver.
405 and Sand Canyon recovery with Southside Towing and Aliso Viejo Towing working together.

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POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 Tow Truck Driver’s Training
Employee Position CTTA
-
Level 1
or
GTI
CTTA
-
Level
7 MILLER

INDUSTR
Y HD

TRAININ
G
& Wreck
Masters
AAAROLL
OVER
AAA -

CUSTOMER

SERVICE
AND
SAFETY
AAA -

TECHNICAL
CHP
-
T.I.M
DAVID
PADUA

OWNER X X X X X X

GERZON LARA CM
Manager

X X X X X X

FERNANDO

HERNANDEZ
LF Manager X X X X X

FERN BASSOCO NIGHT

MANAGER

X X X X X
PETER

SANDOVAL

DRIVER X X X X X X X

MICHAEL MCCOY DRIVER X X X X X X X
CARLOS

CORNEJO

DRIVER X X X X X

JOSEPH JIMENEZ DRIVER X X X X X X X

CARLOS CASTRO DRIVER X X X X X

GABRIEL HUERTA DRIVER X X X X X

JACOB KELLY DRIVER X X X X X

TONY AXTON DRIVER X X X X X X X

SAM SAC DRIVER X X X X X

GUS PALACIOS DRIVER X X X X X

BAUDELIO

PALAFOX
Night
Supervisor

X X X X X
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POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 We are committed to the ongoing development of our staff, regularly certifying and recertifying employees through the industry’s most advanced and widely recognized training programs. Below is a list of the certifications required for both operators and office staff to maintain continued employment:

CTTA Level 1 – Roll over training Light Duty Operations. (Operators Only) AAA OPLD – Roll over training Light Duty Operations. (Operators Only) AAA Technical Orientation Light Duty Operations. (Operators Only) AAA Highway Safety Light Duty Operations. (Operators Only) AAA Customer Service All Personnel
HD Rigging & Recovery – Miller Ind. Wreck Masters Heavy Duty Operations (Heavy Operators) Gerard Training Institute Light Duty Operations. (Operators Only) CTTA Level 7 – Heavy Duty Cert Heavy Duty Operations (Heavy Operators) CHP – Traffic Incident Management All Personnel

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POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 Dispatching Operations:

Southside Towing offers a reliable and efficient service with a comprehensive communication system in place to handle customer calls. The company operates with a web-based telephone system that ensures all three of its locations are simultaneously reachable. This system effectively mitigates issues during power outages or periods of high call volume, ensuring that calls are promptly answered without excessive delays. Additionally, the company utilizes caller ID functionality and the ability to assign special ringtones for priority calls, such as those from Fountain Valley PD, guaranteeing a swift response from dispatchers.

The office operates 24 hours a day, 7 days a week, with a highly skilled team ready to assist at any time.

Southside Towing’s dispatching procedure is supported by proprietary software, which the company has secured exclusive regional rights to. This strategic partnership offers a competitive advantage, enhancing operational capabilities and benefiting clients with streamlined, effective service delivery.

Call Response:

Upon receiving a request from the Fountain Valley Police Department Communications Center, the primary objective of our dispatchers is to promptly input the relevant data into our system. This ensures that the request is routed efficiently to the most qualified technician available. At this stage, our dispatcher verifies that the selected technician is not only geographically the closest but also assigned to a fully equipped and operational truck. Both the dispatcher and technician are integral roles within our staffing plan.

For communication, we provide company-issued smartphones and utilize the Zello application, a 2-way radio tool known for its reliability and playback feature. This tool has proven invaluable, as it allows for reference to prior communications. Requests are then transmitted digitally through our business software.

Upon receipt of the request, the technician’s smartphone will ring, and they are provided the option to either accept or decline the assignment. If accepted, the technician’s phone is immediately directed to a Google Maps page, providing step-by-step directions along with an estimated time of arrival (ETA). The ETA, along with the technician’s updated status, is transmitted back to dispatch in real-time. Should the ETA exceed the contractually stipulated time frame, the dispatcher is automatically notified.

As the technician arrives on site, the system automatically updates the status from “in route” to “arrived,” based on GPS data, which is timestamped for tracking and reference purposes. At this point, the technician prioritizes assisting the officers on scene and will not begin any work until receiving explicit approval or instructions from the officer in charge.

During this time, the technician utilizes the company-issued smartphone to capture photographic evidence of the vehicle involved and document any pertinent details at the scene. This information is uploaded in real-time to our servers, ensuring that dispatch remains fully informed, even before the technician has communicated directly.

Once the vehicle is safely loaded and the scene is clear, the technician departs for the assigned destination. At this stage, the request status is updated to “In Tow.” The driver refers to a rate sheet Pg. 9

POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 located in the truck, which outlines all applicable rates. These rates are also pre-programmed into the business software for ease of reference.

The technician’s destination is typically pre-established. Upon reaching the destination, generally the Main Facility for storage, the status updates to “Dropping.” The technician is then instructed via the business software to take post-tow photographs and document the vehicle information for inventory purposes.

Inventory:

Southside Towing has established a detailed protocol for managing its vehicle inventory.

Each day, a list of vehicles currently in inventory and manually cross-references it to ensure all vehicles are accounted for. In the event of a missing vehicle, the first course of action is to promptly notify the registered owner. Subsequently, the next step involves reviewing video surveillance footage to determine the circumstances surrounding the vehicle’s absence.

If it is determined that a theft has occurred, immediate contact is made with the local police department to file a stolen vehicle report. Fortunately, this scenario has never had to be fully executed.

However, in instances where errors arise—such as a vehicle being released without proper inventory updates—the team takes swift action to rectify the situation.

Personal Belonging Theft:

In the event that personal belongings are reported missing, pre-tow photographs are examined to determine if the items were present before the vehicle was towed and if they are indeed missing. The next step involves reviewing video footage to ascertain whether the vehicle was tampered with during its time in inventory. Additionally, the GPS report for the towing truck is analyzed to confirm that no unauthorized stops were made. A statement is obtained from the driver who towed the vehicle, and an incident report is generated. The driver’s name is logged in the system to flag any previous incidents for future reference.

Regarding the missing items, their value is assessed collaboratively by both the company owners and the vehicle owner. The police department that authorized the tow is notified of the situation, and the vehicle owner is compensated for the missing property.

In cases where damage occurs during towing, either in transit or at the storage facility, a similar process is followed to investigate the issue and reach a resolution that is fair and satisfactory to all parties involved.

Private Property Damage:

When private property is damaged, both the property owner and the company are promptly notified by the driver and their supervisor. A thorough review of the facts is conducted to ensure a resolution that satisfies all parties involved.

In the event of a complaint, an incident report is created within our business software, and all relevant personnel and parties are promptly notified. The incident report form guides employees through the process of receiving and documenting complaints, with key questions to be answered before they can proceed to the next step in the system. Upon receipt of a complaint, we assess its validity and conduct a detailed investigation to uncover the facts. Complaints are handled on a Pg. 10

POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 case-by-case basis, with the severity of each issue taken into account. Regardless of the nature of the complaint, documentation is always maintained to ensure transparency and accountability.

Southside Towing: Procedures for Vehicle Storage and Release:

At Southside Towing, we implement a range of procedures designed to protect our customers' privacy while ensuring compliance with legal requirements. These procedures apply specifically to services provided "In Yard" and are executed on a case-by-case basis. A core principle is that we do not permit access to unauthorized parties. Access to any vehicle or its contents is only granted with the explicit consent of the Registered Owner (RO) of the vehicle.

Property Release:

A property release occurs when the Registered Owner (RO) wishes to retrieve items from their vehicle. Only lose personal items may be removed; disassembling the vehicle is not permitted unless authorized by the relevant law enforcement agency. The procedure for property release is as follows:

A. Proof of Ownership: Establish proof of ownership or the right to access the vehicle.

B. Tow Report Review: The Tow Report, provided by the police officer at the time of tow, will be reviewed. The vehicle may be held as evidence or subject to other conditions set by the arresting officer. In some cases, a Property Release form from the police may be required.

C. Inventory Documentation: A detailed inventory of the items removed will be taken and documented.

D. Record of Release: All details of the property release will be documented for future reference.

Viewing the Vehicle
The RO may request to view their vehicle and take photographs. However, access to other vehicles in the storage area is strictly prohibited. Materials for protective measures, such as covers, may be brought by the RO. The procedure mirrors that of a property release:

A. Proof of Ownership: Proof of ownership or right to access the vehicle must be established.

B. Tow Report Review: The Tow Report will be examined to confirm the vehicle’s status.

Lien Process:

If a vehicle is not retrieved within 72 hours, the lien process will commence. Southside Towing is fully compliant with applicable vehicle code sections (CVC 9800 through 9808, 22851(a) through 22856) and California Civil Code (Sections 3067 through 3074) concerning lien sales. Additionally, Southside Towing adheres to CVC 10652, which mandates reporting of vehicles stored for 30 days upon request by a police officer.

Vehicle Release:

When the RO comes to retrieve their vehicle, the following procedure is observed:

A. Proof of Ownership: The RO must provide the required documentation proving ownership or their right to access the vehicle.

B. Tow Report Review: The Tow Report will be examined to verify the circumstances surrounding the tow.

C. Release Information: Information such as tow time, reason for the tow, and applicable fees will be provided to the RO.

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POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 D. Document Copying: Identification and all other relevant documents will be photocopied.

E. Fee Collection: All applicable fees must be collected at the time of release.

F. Record of Release: Release details, including all documentation and payment information, will be recorded and the vehicle will be removed from the inventory system.

G. Pre-release Photographs: If necessary, pre-release photographs of the vehicle will be taken.

H. Escorting the RO: The designated driver will be escorted to the vehicle and allowed to drive it out of the yard.

System Tracking and Documentation
Southside Towing utilizes advanced software to track all procedures, from property releases to vehicle releases and payments. The system ensures that all activities are accurately documented and stored for record-keeping.

We offer secure web access to our system, allowing Fountain Valley Police Department (PD) staff to upload and access vehicle information. Additionally, our system can accept PDF documents via email, which are then stored with the vehicle's file indefinitely.

Monthly reports can be generated and sent directly to a designated email address, and physical records are available for inspection by the Fountain Valley PD at any time. Southside Towing is committed to full transparency and collaboration with local law enforcement agencies, ensuring that all records are maintained and accessible as required.

Qualifications:

At Southside Towing, we believe that our success is driven by three key factors: our exceptional team, state-of-the-art tools and equipment, and our modern facility.

We take great pride in assembling a skilled and qualified team by hiring highly intelligent and capable individuals who are continuously educated and/or certified. Southside Towing is dedicated to hiring the best drivers in the industry, offering competitive compensation to attract top talent. Our rigorous hiring process is designed to ensure we bring on individuals who align with our high standards. This process includes drug screenings, reference checks, criminal background checks through Hire Right and the Department of Justice, and multiple interviews. Our team members are not only highly motivated and skilled, but also experienced and long-tenured employees, many of whom are highly decorated in the industry. They are equipped to handle any towing situation with the utmost professionalism, ensuring prompt and efficient service at any moment’s notice.

Regarding our tools and equipment, Southside Towing boasts a comprehensive fleet designed to meet the diverse needs of the towing industry. We maintain a variety of trucks to cover all towing requirements. The fleet includes conventional or wheel-lift trucks, flatbed carriers, and heavy/medium-duty trucks. To provide continuous, reliable service, we have ensured our fleet covers a wide range within these basic truck categories.

For this project, Southside Towing operates a fleet of 73 trucks, including a diverse mix of vehicles suitable for all towing scenarios. Additionally, our fleet includes specialized vehicles, such as a 4-axle heavy-duty rotator, 4-axle 50 ton heavy-duty, 3-axle 35 ton heavy-duty, (2) 3-axle 20 ton heavy-duty, (1) 2-axle 16 ton medium-duty, (1) 2-axle 12 ton medium-duty trucks, and a 3-axle Landoll tow truck, capable of performing heavy-duty rollover recovery operations on and off highways. Our equipment is engineered to handle a wide variety of challenging situations with efficiency and reliability.

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POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 To complement our equipment, Southside Towing utilizes the most advanced towing software available, providing exclusive regional access to cutting-edge technology. Our highly customizable software allows us to offer our clients unique features such as tailored reporting and web access portals.

City staff can be granted individual usernames and passwords for 24/7 access to our inventory, photos, and data. The system generates automated alerts with PDF-style reports that are easily printable and shareable. For example, City staff can receive alerts containing detailed service information for each tow, including pre- and post-two photos, metadata, GPS data, pricing, quotes, and internal documentation. All data is uploaded in real-time, with timestamps and GPS information, ensuring complete transparency and accuracy. Our system is sophisticated enough to handle itemized invoices and other complex data needs with ease, ensuring our clients receive detailed, accurate, and readily accessible information at all times.

At Southside Towing, we pride ourselves on providing unparalleled service through the combination of a highly skilled team, cutting-edge equipment, and advanced technology that supports both operational efficiency and client transparency.

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POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 Experience:

Southside Towing is a highly versatile and professional towing company, demonstrated by our diverse fleet, the quality of our equipment, and, most importantly, the wide-ranging clientele we serve.

Our ability to cater to a variety of needs underscores our commitment to agility, transparency, security, and courtesy.

We are proud to partner with the Auto Club of Southern California (AAA), providing consensual towing services. AAA, known for its exceptional customer service, relies on our prompt and professional response to assist motorists. As part of their contractor team, we contribute to maintaining their outstanding reputation for service excellence.

In addition to our work with AAA, Southside Towing has extensive experience in rotational towing and is actively involved in several police towing rotations. Our strong relationships with law enforcement agencies and our proven track record reflect our expertise in meeting a range of towing requirements and upholding the standards set by our existing service agreements.

Our commitment to quality service extends to local businesses as well, including diesel repair shops such as Tom's Truck Center, Waste Management, Enterprise/Penske Big Truck Rentals, The Gas Company, PepsiCo, and others. We assist these clients when their heavy-duty vehicles experience breakdowns, ensuring timely and efficient service.

Furthermore, The Costa Mesa Police Department, Newport Beach Police Department, Orange County Sheriff’s Department, and the Orange Police Department hold Southside Towing in high regard for our professionalism. As a result, we are often the first company they recommend for private property impounds. While private property impounds are not our primary focus, we are well-versed in California Vehicle Code 22658 and provide this service as part of our broader offerings. Our main areas of expertise are law enforcement support and roadside assistance.

Community And Charity Work
At Southside Towing, one of our core values is giving back to the community. During the holiday season and throughout the year, we participate in many charitable events. The following is just a few examples of the events Southside Towing has participated in on an annual basis:

Children’s Hospital of Orange County (CHOC): Southside Towing hosts the Orange County Fair’s Police vs. Fire Chiefs RV Demolition Derby and City Council Figure 8 Race, with the primary objective of raising funds for CHOC. This unique event invites local police and fire chiefs to participate in a demolition derby to generate financial support for the hospital. In 2025, Southside Towing Pg. 14

POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 successfully raised over $63,000 for this cause, with the amount continuing to grow each year. Over the past 12 years, our efforts have contributed over $500,000 to CHOC, the Susan G. Komen Foundation, and the Fallen Officers Fund.

Southside Towing remains committed to supporting these important causes and making a positive impact in the community.

In 2025 David Padua was named Partner of The Year by Costa Mesa Fire and in 2026 David Padua was named Partner of The Year by Costa Mesa Police Department.

Company Policy on Employee Training and Certification
Training During Background Clearance Waiting Period:

Employees commence their training during the waiting period for background clearance. They are provided with reading materials and workbooks, which cover essential safety procedures.

Employees are expected to review these materials and complete the associated questionnaires and workbooks prior to being scheduled for active duty. Once the employee has successfully cleared criminal background checks from three separate agencies, including two public agencies and AAA, they will proceed to the next phase of the onboarding process.

Pg. 15

POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 Company Orientation:

Upon clearance, employees enter the company orientation phase. During this period, new hires are paired with a seasoned Southside Towing employee for a duration of one to two weeks. This hands-on orientation allows the new employee to gain exposure to real-world situations, including safety procedures, technical operations, scene management, customer service, and an understanding of the company culture. Following the completion of this one- to two-week orientation, the employee will begin the process of obtaining third-party certifications.

Third-Party Certifications:

At this stage, approximately 4 to 6 weeks into the employee's tenure, the company will invest in formal certifications to further the employee's professional development. The employee is assessed and deemed ready to complete and/or renew the necessary certifications. Southside Towing partners with reputable third-party organizations to provide these certifications, including the California Tow Truck Association (CTTA), Auto Club of Southern California (AAA), and the California Highway Patrol’s Traffic Incident Management (TIM) program.

The following certifications are included in this phase:

A. Customer Service, Highway Heroes Have Heart – Provided by AAA B. Technical Orientation – Provided by AAA
C. Operations Light Duty (Roll Over) – Provided by AAA
D. Vehicle Unlock – Provided by AAA
E. Wreck Master Levels 1 through 7 – Provided by CTTA
F. Traffic Incident Management (TIM) – Provided by the CHP G. Gerard Training Institute (GTI) – Provided by the CHP This structured training and certification process represents the initial formal training that new hires will receive. Going forward, employees will continue to be guided by our web application, which supports them in managing daily operations and completing transactions.

Key Employee Brief Profiles
KEY PERSON: DAVID PADUA - OWNER
Mr. Padua, Owner and Operator, brings a wealth of experience and expertise to the automotive and towing industries. He began his career working in body shops, ultimately opening his own shop, Body Line, in Brea, where he operated from 1993 to 1995. This hands-on experience provided him with a deep understanding of both automotive repair and customer service.

During this period, Mr. Padua also became familiar with the towing industry, observing the growth of several small companies into successful enterprises. Building on this knowledge, he ventured into the retail sector, opening and managing six Max Muscle stores from 1995 to 2003. His leadership and management abilities, coupled with his business acumen, were instrumental in his success in retail, where he developed a strong customer base, including numerous law enforcement professionals.

Encouraged by these clients, Mr. Padua expanded into the towing industry, founding Southside Towing in 2000.

As the owner and operator of Southside Towing, Mr. Padua plays a central, hands-on role in ensuring the business operates smoothly and efficiently. He oversees all aspects of the company, with a focus on delivering the highest level of service. His certifications include Auto Club Roll Over Operations and Safety Procedures, CTTA Heavy Duty Towing and Recovery, and he is cleared and certified by the California Highway Patrol, Orange Police Department, Costa Mesa Police Department, Newport Beach Police Department, and the Orange County Sheriff's Department.

Pg. 16

POLICE DIRECTED TOWING AND STORAGE SERVICES RFP No. 26.005 KEY PERSON: Fernando Bassoco – Night Manager, all Southside Towing offices Mr. Bassoco has been a dedicated professional in the towing industry for over ten years, with extensive experience at Southside Towing. He holds a Class A (Heavy Duty Certified) designation and is certified in Auto Club Roll-Over Operations and Safety Procedures. Additionally, Mr. Bassoco is fully cleared and certified by the California Highway Patrol, the Orange Police Department, and the Orange County Sheriff’s Department. In his role as Night Manager, he oversees the operations of all offices, ensuring smooth and efficient service.

Key Person: Gerzon Lara - Costa Mesa Day Manager
Mr. Lara has dedicated 15 years to the towing industry, with extensive experience at Southside Towing. He holds a Class A certification, including endorsements for doubles, triples, and tankers.

Additionally, Mr. Lara has earned certifications from the California Tow Truck Association (CTTA) at Level 1 and Auto Club Roll-Over Operations and Safety Procedures. He is also fully cleared and certified by the California Highway Patrol, Orange Police Department, and Orange County Sheriff's Department. Currently, he serves as the Day Manager at our Costa Mesa office, bringing a wealth of expertise to the role.

Key Person: Fernando Hernandez – Lake Forest Day Manager Mr. Hernandez has been a dedicated member of Southside Towing since 2015 and brings with him 19 years of experience in the towing industry. He is responsible for overseeing the daily operations of the Lake Forest yard, including managing reports, utilizing Orange County Sheriff's software, and addressing any complaints or concerns. With a strong focus on safety, Mr. Hernandez is committed to implementing and enforcing safety protocols throughout the operation. Additionally, he plays a pivotal role in managing the vehicle inventory and maintaining the accuracy of our database.

Key Person: Anthony Axton – Orange Day Manager
Mr. Axton brings 16 years of experience to the towing industry, with the past 10 years dedicated to his role at Southside Towing. He holds a Class A (heavy-duty) certification and is qualified to operate vehicles with doubles, triples, and tankers. Mr. Axton has completed advanced training through Miller Industries Heavy Duty Recovery and Rigging, as well as CTTA Heavy Duty Towing and Recovery. Additionally, he is certified by the California Highway Patrol, Orange Police Department, and Orange County Sheriff's Department. As our Heavy Duty Lead Technician, he oversees large-scale recovery operations and manages complex recovery projects when called upon by public agencies.

Pg. 17

City of Fountain Valley
Official Police Impound and Garage Towing Service Contract Contract # _________
THIS CONTRACT is made and entered into on July 1, 2026, by and between the City of Fountain Valley (" City"), a municipal corporation, and G & W Towing, a corporation, towing garage and impound service, having its principal place of business at 965 W 18th Street Costa Mesa, CA 92627 (" Contractor").

WHEREAS, the City of Fountain Valley and the Fountain Valley Police Department desire to engage the services of an official police impound and garage towing service; and WHEREAS, Contractor desires to provide official police impound and garage towing services to the City of Fountain Valley; and
WHEREAS, Fountain Valley Municipal Code Section 4. 85. 010 provides that the designation " official police impound and garage and towing service" shall be awarded by the Chief of Police upon recommendation of the Traffic Bureau based on findings of public need from among meritorious applications; and
WHEREAS, the Chief of Police of the Fountain Valley Police Department, upon recommendation of the Traffic Bureau, finds a public need to engage the services of Contractor for a five- year period in accordance with Chapter 4. 85 of the Fountain Valley Municipal Code; and
WHEREAS, the City does recover certain fees directly related to towing operations in compliance with Vehicle Code Section 12110( b); and
WHEREAS, the City does hereby further desire to enter into a mutual arrangement for Contractor' s storage facilities in which City shall provide services in exchange for certain compensation that will pay for its administrative costs; and WHEREAS, a City is authorized to operate its own impound yard pursuant to the authority of Vehicle Code Section 22850; and
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, City and Contractor mutually agree as follows:

1. Scope of Work.

A. Contractor agrees to provide official Police impound and garage towing services (" Services") for the City of Fountain Valley as requested by the Fountain Valley Police Department and in accordance with the provisions of the Fountain Valley Municipal Code, including Chapter 4. 85, as the same may be amended from time to time.

Contractor agrees to keep fully informed and agrees to comply with all existing and future state, county and city laws affecting the towing and storage of vehicles.

B. Contractor is in need of City services related to its storage facility, and City is willing to provide those services in exchange for certain compensation related thereto and in lieu of City operating its own storage facility. Towards that end, City agrees to provide inspection services of the facility to ensure that it is operated in accordance with State Law and will assist in processing paperwork necessary for the storage and disposition of cars. Additionally, City agrees to provide certain accounting services related to the storage operation. Contractor agrees to allow City access to the storage facility to perform those services subject to reasonable advance notice.

2. Compensation
A. As compensation for the above, Contractor shall be compensated by the registered or legal owner or representative in accordance with the rates as described in Exhibit A.

B. As compensation for the services provided by the City, the City of Fountain Valley shall receive 50% of all storage fees collected by the Contractor for all vehicles impounded by the Police Department under California Vehicle Code Section 14602. 6( a)( 1). The City shall also receive 50% of all gross receipts for vehicles impounded under CVC 14602. 6( a)(1), which are subsequently sold or transferred to another party pursuant to a lien sale. These fees shall not include costs designated as a lien processing fee, which fee is charged by the contractor to recover costs it incurs from the private lien sale company they employ. Vehicles impounded by the Police Department as evidence holds shall be permitted a forty-eight (48)-hour grace period in which no fees are charged. After the forty-eight (48)-hour grace period, billing for evidence holds will be limited to no more than sixty (60) days of storage. .

The Contractor shall remit these monies directly to the City on a monthly basis to the following address:

City of Fountain Valley
Attention: Accounts Payable
P. O. Box 8030
Fountain Valley, CA 92708
The Contractor, with assistance from the City, shall keep complete and accurate records of all vehicles impounded at the request of the City and shall include the amount of charge on each vehicle. The report shall list the number of vehicles impounded at the request of the City that are sold through lien sale. The Contractor shall provide a monthly report to the Chief of Police or his designee within thirty calendar days after the end of each month containing the above information.

The report shall be limited to vehicles impounded in the City.

The Contractor and the City shall maintain records of the times that calls for service are received, dispatched and the times the tow vehicles arrive on scene. The record system should be adequate to provide an inquiry with the following information: Locate vehicles from license plate only if the make, model, color, date and location of impound are unavailable.

The tow rates and storage fees for the City of Fountain Valley Official Police Tow Services are based on rates for comparable services from surrounding cities and their tow service providers.

These rates may be reviewed annually on June 1 of each year. The Contractor must notify the Chief of Police or his designee in writing of any tow rate and storage fee increase request. The Fountain Valley Police Department will verify any increases are comparable to prevailing rates for comparable services in surrounding cities. Any disputes will be reconciled through a meeting between the Chief of Police or his designee and the Contractor owner. If the rate and the fee increases are verified, the new rates will take effect on July 1. In the event changes in State Law impact the storage and impound authority given to the Police, the provisions of this contract will be renegotiated.

3. Term.

Designations as official police impound and garage and towing service shall be valid for five years, unless revoked sooner by the Chief of Police. Because the existing contract with the Contractor began July 1, 2026, this designation shall expire on June 30, 2031, in accordance with Fountain Valley Municipal Code Section 4. 85. 010.

4. Independent Contractor.

Contractor' s relationship to the City shall be that of an Independent Contractor. Contractor shall have no authority, expressed or implied, to act on behalf of the City as an agent or to bind the City to any obligation whatsoever, unless specifically authorized in writing by the City, as provided in the Fountain Valley Municipal Code. Contractor shall be solely responsible for the performance of any of its employees, agents or subcontractors under this Contract. Contractor shall report to the City any and all employees, agents and contractors performing work in connection with this Contract, and all shall be subject to the approval of the City. The City shall not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any Workers' Compensation insurance on behalf of Contractor. Contractor agrees to indemnify the City for any tax, retirement contribution, including any contribution to the Public Employees Retirement System ( PERS), social security, overtime payment or Worker' s Compensation payment which the City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this Contract.

5. Non- Discrimination.

Contractor agrees not to unlawfully discriminate in the employment of persons based on disability, race, color, national origin, ancestry, sex, sexual orientation or religion. A violation of this provision will subject Contractor to all of the penalties imposed by law. All facilities shall comply with the Americans with Disabilities Act and all other applicable disabled access laws.

6. Indemnification.

Contractor shall be responsible for any damage to persons or property arising in connection with its performance of services rendered pursuant to this Contract. Contractor shall indemnify, defend, protect, and hold harmless the City and its officers, officials, employees, agents, and volunteers (" indemnities") from and against any and all causes of action, claims, liabilities, obligations, judgments or damages, including reasonable attorneys' fees and costs of litigation ("claims"), arising from Contractor' s activities in the performance of the services under this Contract, including the terms of this contract, excepting only those actions, claims, liabilities, obligations, judgments or damages arising out of the sole negligence of the City indemnities.

In the event the City indemnities are made a party to any action, lawsuit or other adversarial proceeding alleging negligent or wrongful conduct on the part of the Contractor:

A. The Contractor shall provide a defense to the indemnities with attorneys reasonably acceptable to the City or at the City' s option reimburse indemnities their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims, and B. The Contractor shall promptly pay any final judgment or portion thereof rendered against the indemnities.

7. Insurance.

See Exhibit B for Specifications.

8. Assignments.

No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City.

9. Notices.

The parties hereto agree that all formal notices required by this Contract may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows:

City: Chief of Police
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
Contractor: G & W Towing________
Attn: Ty Miller__________
965 W. 18th Street__________________
Costa Mesa, CA 92627__________________

10. Effect of Invalidity.

The invalidity in whole or in part of any provision hereof shall not affect the validity of any other provision.

11. Gratuities.

Contractor warrants that neither it nor any of its employees, agents or representatives has offered or given any gratuities to City's employees, agents or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto.

12. Authority.

Each person signing this Contract warrants that they have the legal authority to sign on behalf of the entity they represent.

IN WITNESS HEREOF, the parties hereto have entered into this agreement the date and year first above written.

ATTEST:
________________________
Rick Miller, City Clerk
APPROVED AS TO FORM:
_______________________
Attorneys for the City

CITY OF FOUNTAIN VALLEY
_________________________
Jim Cunneen, Mayor
CONTRACTOR;
_________________________

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 16, 2026
Members of the City Council
SUBJECT: Approve Amendment #2 to Contract No. 21-35 for the Tennis and Pickleball Concession Agreement at the Fountain Valley Sports Park Three-Year Strategic Goals
☒ Cultivate a welcoming culture and safe environment that makes our community “A Nice Place to Live.”
☒ Ensure long-term fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities.
☐ Attract and retain quality staff through best practices and trends. ☐ Maintain, build, plan for, and modernize infrastructure to support the growth and future needs of the City.
☐ Not applicable.

EXECUTIVE SUMMARY
Agape Tennis Academy has been providing tennis, pickleball, and maintenance services through a concession agreement with the City of Fountain Valley since July 20, 2021. Agape is currently operating the Tennis and Pickleball facility at the Fountain Valley Sports Park through the first of two available two-year extensions. The total available term of the concession agreement is seven (7) years. Please find their attached extension letter request (Exhibit A).

Due to the positive performance of the concessionaire, Agape Tennis Academy, LLC, staff recommends extending the concession term for an additional two (2) years as identified in the Contract 20-25 (Exhibit B). However, at the direction of the City Council, staff negotiated the concessionaire’s payment obligations in subsection 7 (A.B.C.) of the contract to include a 4.3% CPI increase for year 6 and a 5.8% CPI increase for year 7. If the final two-year extension is approved, the CPI increase for the total term of the agreement will be a 26% increase.

Tennis and Pickleball Concession
June 16, 2026

DISCUSSION
The term of this Agreement (Concession agreement with Agape Tennis Academy) shall be three (3) years from the date of execution (July 20, 2021). And, by mutual agreement, the City of Fountain Valley and Concessionaire, this Agreement shall be renewable for two (2) additional two-year periods. City reserves the right to exercise the option to renew biennially (subject to available funds), not to exceed a maximum of seven (7) years.

Agape Tennis Academy has proven to be a terrific tennis and pickleball concessionaire, providing excellent programs, events, classes, and facilities to the community of Fountain Valley. Staff recommends exercising the available two-year concession agreement extension from July 20, 2026, through July 19, 2028.

Performance of Concessionaire:

August 2021 – July 2022 Revenue: $736,901.59
 Regular FV Patrons: 5,985
 Tennis: 3,242
 Pickleball: 2,653
 Tournament / Special event users: 4,000
 Total Participants in Tennis & Pickleball: 9,985
 12 staff
August 2022- July 2023 Revenue: $917,301.32
 Regular FV Patrons: 8,606
 Tennis: 4,301
 Pickleball: 4,305
 Tournament / Special event users: 5,500
 Total Participants in Tennis & Pickleball: 14,106
 20 staff
August 2023 - July 2024 Revenue: $1,189,145.01
 Regular FV Patrons: 11,488
 Tennis: 7,002
 Pickleball: 4,486
 Tournament/Special event users: 7,000
 Total Participants in Tennis & Pickleball: 18,488
 23 staff
August 2024 – July 2025 Revenue: $1,302,648.50
 Regular FV Patrons: 19,206
 Tennis: 11,164 users
 Pickleball: 8,042 users
 Tournament/Special events: 7,300 users
 Total Participants in Tennis & Pickleball at FV in 2025: 26,506  26 staff

Tennis and Pickleball Concession
June 16, 2026

August 2025- Current (May 2026) Revenue: $1,159,582.30
($1,391,498.00 – anticipated through July 2026)
 Regular FV Patrons: 23,681
 Tennis: 14,310
 Pickleball: 9,371
 Tournament/Special event users: 7,220
 Total Participants in Tennis & Pickleball: 30,901
 26 staff

FISCAL REVIEW
CONCESSIONAIRE agrees to pay the City a yearly fee for the Extended Term as follows:
(a) Year 6 (July 20, 2026-July 19, 2027): $71,400 payable in 12 equal Monthly Payments of $5,950, due on the 1st day of each month.
(b) Year 7 (July 20, 2027-July 19, 2028): $75,600 payable in 12 equal Monthly Payments of $6,300, due on the 1st day of each month.

PUBLIC NOTIFICATION
Not applicable.

ENVIRONMENTAL IMPACT REVIEW
Not applicable.

ATTORNEY REVIEW
Attorney for the City has reviewed this item.

ALTERNATIVES
Alternative No. 1: Approve the second amendment to the concession agreement with Agape Tennis Academy, LLC for Tennis and Pickleball services at the Fountain Valley Sports Park.

Alternative No. 2: Do not approve the second amendment to the concession agreement with Agape Tennis Academy, LLC for Tennis and Pickleball services at the Fountain Valley Sports Park.

Tennis and Pickleball Concession
June 16, 2026

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1.

Prepared by: Rob Frizzelle, Community Services Director/DCM Reviewed by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachment:

1. Extension letter request – Agape Tennis Academy

2. Second amendment to the concession agreement with Agape Tennis Academy, LLC for Tennis and Pickleball services at the Fountain Valley Sports Park

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 16, 2026
Members of the City Council
SUBJECT: Approve Amendment #2 to Contract No. 21-35 for the Tennis and Pickleball Concession Agreement at the Fountain Valley Sports Park Three-Year Strategic Goals
☒ Cultivate a welcoming culture and safe environment that makes our community “A Nice Place to Live.”
☒ Ensure long-term fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities.
☐ Attract and retain quality staff through best practices and trends. ☐ Maintain, build, plan for, and modernize infrastructure to support the growth and future needs of the City.
☐ Not applicable.

EXECUTIVE SUMMARY:

Agape Tennis Academy has been providing tennis, pickleball and maintenance services through a concession agreement with the City of Fountain Valley since July 20, 2021. Agape is currently operating the Tennis and Pickleball facility at the Fountain Valley Sports Park through the first of two available two-year extensions. The total available term of the concession agreement is seven years. Please find their extension letter request (Exhibit A) attached.

Due to the positive performance of the concessionaire, Agape Tennis Academy, LLC, staff recommend extending the concession term for an additional two years as identified in the Contract 20-25 (Exhibit B). However, at the direction of City Council, staff negotiated the concessionaire’s payment obligations in subsection 7 (A.B.C.) of the contract to include a 4.3% CPI increase for year 6 and a 5.8% CPI increase for year 7. If the final two-year extension is approved, the CPI increase for the total term of the agreement will be a 26% increase.

Tennis and Pickleball Concession
June 16, 2026

DISCUSSION:

Concession Agreement Terms;
The term of this Agreement (Concession agreement with Agape Tennis Academy) shall be three years from the date of execution (July 20, 2021). And, by mutual agreement the City of Fountain Valley and Concessionaire, this Agreement shall be renewable for two additional twoyear periods. City reserves the right to exercise the option to renew bi-annually (subject to the appropriate funds), not to exceed a maximum of seven years.

Agape Tennis Academy has proven to be a terrific tennis and pickleball concessionaire providing excellent programs, events, classes and facilities to the community of Fountain Valley. Staff recommends exercising the available two-year concession agreement extension from July 20, 2026, through July 19, 2028.

Performance of Concessionaire:

August 2021 – July 2022 Revenue: $736,901.59
 Regular FV Patrons: 5,985
 Tennis: 3,242
 Pickleball: 2,653
 Tournament / Special event users: 4,000
 Total Participants in Tennis & Pickleball: 9,985
 12 staff
August 2022- July 2023 Revenue: $917,301.32
 Regular FV Patrons: 8,606
 Tennis: 4,301
 Pickleball: 4,305
 Tournament / Special event users: 5,500
 Total Participants in Tennis & Pickleball: 14,106
 20 staff
August 2023 - July 2024 Revenue: $1,189,145.01
 Regular FV Patrons: 11,488
 Tennis: 7,002
 Pickleball: 4,486
 Tournament/Special event users: 7,000
 Total Participants in Tennis & Pickleball: 18,488
 23 staff
August 2024 – July 2025 Revenue: $1,302,648.50
 Regular FV Patrons: 19,206
 Tennis: 11,164 users
 Pickleball: 8,042 users

Tennis and Pickleball Concession
June 16, 2026

 Tournament/Special events: 7,300 users
 Total Participants in Tennis & Pickleball at FV in 2025: 26,506  26 staff
August 2025- Current (May 2026) Revenue: $1,159,582.30
($1,391,498.00 – anticipated through July 2026)
 Regular FV Patrons: 23,681
 Tennis: 14,310
 Pickleball: 9,371
 Tournament/Special event users: 7,220
 Total Participants in Tennis & Pickleball: 30,901
 26 staff
FISCAL REVIEW:

CONCESSIONAIRE agrees to pay City a yearly fee for the Extended Term as follows:
(a) Year 6 (July 20, 2026-July 19, 2027): Seventy-One Thousand Four Hundred 00/100 Dollars ($71,400) payable in twelve (12) equal Monthly Payments of Five Thousand Nine Hundred Fifty 00/100 Dollars ($5,950.00), due on the1st day of each month.
(b) Year 7 (July 20, 2027-July 19, 2028): Seventy-Five Thousand Six Hundred 00/100 Dollars ($75,600) payable in twelve (12) equal Monthly Payments of Six Thousand Three Hundred 00/100 ($6,300), due on the 1st day of each month.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

Attorney for the City has reviewed this item.

ALTERNATIVES:

Alternative No. 1: Approve the second amendment to the concession agreement with Agape Tennis Academy, LLC for Tennis and Pickleball services at the Fountain Valley Sports Park.

Tennis and Pickleball Concession
June 16, 2026

Alternative No. 2: Do not approve the second amendment to the concession agreement with Agape Tennis Academy, LLC for Tennis and Pickleball services at the Fountain Valley Sports Park.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1.

Prepared by: Rob Frizzelle, Community Services Director/DCM Reviewed by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachment:

1. Extension letter request – Agape Tennis Academy

2. Second amendment to the concession agreement with Agape Tennis Academy, LLC for Tennis and Pickleball services at the Fountain Valley Sports Park

Dear Fountain Valley City Council and Leadership,
Agape Tennis and Pickleball Academy has had the honor and privilege of serving the Fountain Valley community for the past 5 years. We are happy to have our contract extension for another 2 years with the City. However, our desire to partner with the City of Fountain Valley is not just another two years but for years to come. We would love to open discussions on what a longer term contract ( ideally 10+ years) and partnership could mean for Agape and the City.

In the past 4 years and 9 months, Agape Tennis and Pickleball Academy has become an integral part of the community serving 30,901 patrons in our fifth year of operations. Agape Tennis and Pickleball Academy has proven ourselves to be one of the best private management groups not just in Southern California, but in the country. Our numbers show that Agape is able to continually grow patron participation, community engagement, and revenue at Fountain Valley. Additionally, we are able to show our financial contributions to the tennis and pickleball center and our overall dedication and commitment to the City of Fountain Valley year after year.

Agape highlights 2021- 2026:
• Participation in FV community events such as the Egg Hunt, FV Tree Lighting, Monster Bash, Summer Concert Series, and more
• Agape Community Partnerships
• SPECIAL OLYMPICS
• ORANGE COUNTY BUSINESS WOMEN
• ESPN LA
• FV FIREFIGHTER’S CLASSIC
• ISLANDS RESTAURANT TOURNAMENT
• CALIFORNIA PICKLEBALL ASSOCIATION (CAPA)
• MINOR LEAGUE PICKLEBALL
• AMERICAN PICKLEBALL SERIES
• USTA JR SANCTIONED TENNIS TOURNAMENTS, LEVEL 5, 6, & 7 • KINGSTON TECHNOLOGY
Exhibit A

• In 2026, Agape CEO, Amy Pazahanick, Head Professional, Tri Nguyen, Director of Adults, Preeti Gokhale, and Director of Juniors, Quoc Tran, were all certified by the Global Professional Tennis Coaches Association which was also held at Fountain Valley
• In 2025 Agape was recognized as a Speaker for the Racquet Sports Professional Association Southern California Conference and has been a Keynote Speaker in 2025, 2024, 2023, and 2022 for the International Racquets Conference with the Professional Tennis Registry (PTR) and Professional Pickleball Registry ( PPR) • In February 2023, Agape was selected as the National Public Provider of the Year for by the Professional Pickleball Registry
• In 2022, Agape CEO Amy Pazahanick was selected as a Top 15 Leader in the City of Fountain Valley, California
• In November 2022, the City Council for Fountain Valley recognized Agape and Amy Pazahanick by awarding them the City’s Kindness Award
• Financial Contributions 2021-2026:
• $20,000 of brand new windscreens for the entire center • New on court benches, netting, trash cans, pickleball barriers, and wheeled pickleball nets
• Two new large storage sheds
• Access to a website and App for ease
• Ability to have an account and access to Club Automation, a software that our patrons use that provides them with superior communication, efficiency, high level reporting, and transparency. Club Automation offers patrons a seamless process to reserve courts, sign up for programs, and manage their own accounts online. Club Automation also allows Agape to provide the City detailed reporting on users, revenues, and over 60+ other reports.
• Shade awnings for tennis and pickleball
• Painting the pro shop
• All new tennis carts, coaching equipment, court cleaning equipment annually • New tennis and pickleball’s every season for our patrons • Regular deep cleaning of the pro shop from a professional Agape highlights for an additional 10 year extension:
• Increased community partnerships, events, tournaments • Increased patron usage
• Increased revenue share with the City

• A long term fully committed partner to the City who understands the community, patrons, and the City
• Increased Financial Contributions:
o $10,000 toward the new pro shop / center
o $20,000 of brand new windscreens for the entire center o New on court benches, nets, trash cans, and pickleball barriers annually o Ability to have an account and access to Club Automation, a software that our patrons use that provides them with superior communication, efficiency, high level reporting, and transparency. Club Automation offers patrons a seamless process to reserve courts, sign up for programs, and manage their own accounts online. Club Automation also allows Agape to provide the City detailed reporting on users, revenues, and over 60+ other reports. o New and updated website and App
o New shade awnings for tennis and pickleball annually
o All new tennis carts, coaching equipment, court cleaning equipment annually o New tennis and pickleball’s every season for our patrons o New banners annually
o Monthly deep cleaning of the pro shop from a professional

CONTRACT NO. 21-35
AMENDMENT NO. 2. TO

CONCESSION AGREEMENT

BETWEEN THE CITY OF FOUNTAIN VALLEY AND

AGAPE TENNIS ACADEMY,LLC

FOR THE TENNIS CENTER CONCESSION
LOCATED AT 16400 BROOKHURST STREET, FOUNTAIN VALLEY, CALIFORNIA THIS AGREEMENT is made and entered into this 2nd day of June 2026 by and between the City of Fountain Valley (hereinafter CITY), a municipal corporation, and Agape Tennis Academy, LLC, (hereinafter CONCESSIONAIRE).

RECITALS
WHEREAS, CITY and CONCESSIONAIRE originally entered into that certain Concession Agreement for the operation and maintenance of a Tennis and Pickleball Center located at 16400 Brookhurst Street, Fountain Valley, California dated July 20, 2021(“Agreement”) and expiring July 19, 2024; and
WHEREAS, the Agreement provided for two (2) additional renewal terms of two (2) years each; and
WHEREAS, the parties executed a First Amendment to the Agreement, extending the term for two (2) years, and expiring July 20, 2026; and WHEREAS, CONCESSIONAIRE has proven itself as a responsible concessionaire and parties now desire to exercise the second renewal option extending the term of the Agreement for an additional two (2) years, commencing on July 21, 2026 and expiring July 20, 2028; and
WHEREAS, the parties do now desire to amend the payment obligations and notice provisions of the Agreement.

NOW, THEREFORE, the parties hereto AGREE as follows:

1. Section 12 of the Agreement is hereby amended to extend the term of the Agreement for two (2) additional years, commencing on July 20, 2026 and expiring on July 19, 2028 (“Second Extended Term”).

2. Section 7 of the Agreement is hereby amended to add the following payment obligations applicable to the Second Extended Term. All payment obligations under Section 7 for Years 1 through 5 remains unchanged and in full force and effect.

CONTRACT NO. 21-35
CONCESSIONAIRE agrees to pay City a yearly fee for the Extended Term as follows:
(a) Year 6 (July 20, 2026-July 19, 2027): Seventy-One Thousand Four Hundred 00/100 Dollars ($71,400) payable in twelve (12) equal Monthly Payments of Five Thousand Nine Hundred Fifty 00/100 Dollars ($5,950.00), due on the1st day of each month.
(b) Year 7 (July 20, 2027-July 19, 2028): Seventy-Five Thousand Six Hundred 00/100 Dollars ($75,600) payable in twelve (12) equal Monthly Payments of Six Thousand Three Hundred 00/100 ($6,300), due on the 1st day of each month.

3. Section 26 of the Agreement is hereby amended to update the CONCESSIONAIRE notice address. All notices to CONCESSIONAIRE required under this Agreement shall be given as follows:

Agape Tennis Academy
407 Linden Ave NE, Unit A
Atlanta, GA 30308

4. Except as expressly modified herein, the terms and conditions of the Concession Agreement, as the same have been modified by amendments thereto, shall remain in effect.

IN WITNESS WHEREOF, the parties hereto have entered into this Second Amendment the date first above written.

ATTEST: CITY OF FOUNTAIN VALLEY

____________________________ ______________________________ Rick Miller, City Clerk Mayor
APPROVED AS TO FORM: CONCESSIONAIRE
______________________________ _____________________________ Attorney for the City Name:

Title:

P

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 16, 2026
Members of the City Council
SUBJECT: Resolutions Relating to the Calling of the November 3, 2026, General Municipal Election

EXECUTIVE SUMMARY
The City of Fountain Valley General Municipal Election will be held on Tuesday, November 3, 2026. It is City policy to consolidate the local election with the County of Orange. In order to establish such consolidation, it is necessary for the City to adopt resolutions calling and giving notice of the election, requesting consolidation with the County, adopting regulations pertaining to materials prepared by any candidate for a municipal; election, including costs of candidates’ statements. Pursuant to the City’s schedule, three offices on the City Council will be subject to election on November 3, 2026.

DISCUSSION
Municipal Election
The 2026 Fountain Valley General Municipal Election will be held on Tuesday, November 3, 2026, in conjunction with the Statewide General Election, for the purpose of electing three (3) Council Members of the City Council for the full term of four years. The nomination period will run from July 13 to August 7, 2026. Pursuant to provisions of the California Elections Code, the City Council must adopt certain resolutions related to the General Municipal Election. As such it is necessary to submit the appropriate Resolutions to the County of Orange for consolidation. Attached for the Council’s review and consideration are resolutions that satisfy requirements for the November 3, 2026, General Municipal Election, including resolutions calling the election for the offices of two Members of the City Council, Resolution requesting the County of Orange consent to consolidation of the General Municipal Election with the Statewide General Election and provide certain services in connection with the election; and a Resolution adopting regulations for candidates for elective office pertaining to Candidate Statements submitted to the voters at an election to be held on Tuesday, November 3, 2026 and

General Municipal Election
June 16, 2026

includes requirements of the Voting Rights Act relative to foreign language policy (currently English, Spanish, Vietnamese, Korean, and Chinese for Orange County cities).

It is important to note that the Resolution calling for the election includes a provision, that states in the event of a tie vote, the tie will be broken by lot. Alternatively, the Council could elect to provide, at the expense of the City, to hold a special runoff election in the case of a tie. If the City Council wishes to select this alternative, the Resolution could be revised accordingly. However, it has been the practice of the City to draw lots in case of a tie.

Pursuant to Sections 10400 to 10418 of the Elections Code and provisions in the California Government Code, these Resolutions must be adopted in order to proceed with the General Municipal Election. Therefore, it would be appropriate for the City Council to call for the election, request its consolidation with the Statewide General Election, and establish regulations for candidates’ statements.

FINANCIAL ANALYSIS
Based on an estimate received from the Orange County Registrar of Voters, the estimated cost for the consolidated General Municipal Election is between $65,000 to $86,000, with an average cost of $1.75 and $2.20 per voter. Funds to cover the election related costs have been included as part of the FY 2026-2027 budget.

ATTORNEY REVIEW
The Attorney for the City has reviewed and approved the attached resolutions.

ALTERNATIVES
The Council must still approve calling the election for the offices of three (3) Members of the City Council. The City Council may elect to conduct the election with the help of an outside consultant; however, the costs will be higher compared to the cost estimate provide by the Orange County Registrar of Voters. Therefore, staff recommends the following actions:
a. Adopt a Resolution of the City Council of the City of Fountain Valley, California, Calling A General Municipal Election to be Held on Tuesday, November 3, 2026, for the Election of Certain Officers as Required by the Provisions of Law of the State of California Relating to General Law Cities.

General Municipal Election
June 16, 2026

b. Adopt a Resolution of the City Council of the City of Fountain Valley, California Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be held on November 3, 2026, with the Statewide General Election to be held on the date Pursuant to § 10403 of the Elections Code. c. Adopt a Resolution of the City Council of the City of Fountain Valley, California adopting regulations for candidates for elective office pertaining to Candidate Statements submitted to the voters at an election to be held on Tuesday, November 3, 2026.

RECOMMENDATION
Staff recommends that the City Council choose Alternative No. 1 Prepared By: Rick Miller, City Clerk Administrator
Fiscal Review by: Ryan Smith, Finance Director/ Treasurer Legal Review by: Colin Burns, Attorney for the City
Approved By: Maggie Le, City Manager

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY, CALIFORNIA, CALLING FOR THE HOLDING OF A

GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 3, 2026, FOR THE ELECTION OF CERTAIN OFFICERS

AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE

OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 3, 2026, for the election of Municipal Officers; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Fountain Valley, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing three (3) Members of the City Council for the full term of four years.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in § 14401 of the Elections Code of the State of California.

SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. That notice of the time and place of holding the election is

given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. That in the event of a tie vote, if any two or more persons receive an equal and the highest number of votes for an office as certified by the County of Orange Registrar of Voters, the City Council, in accordance with Election Section 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.

SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Fountain Valley this 16th day of June, 2026.

AYES:

NOES:

ABSENT:

ABSTAIN:

Jim Cunneen, Mayor
ATTEST:

Rick Miller, City Clerk
APPROVED AS TO FORM:

Colin Burns
Attorney for the City

RESOLUTION NO.

A RESOLUTION OF THE CITY OF FOUNTAIN VALLEY,

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF

THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026,

WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON
THE DATE PURSUANT TO GOVERNMENT CODE §10403 OF

THE ELECTIONS CODE
WHEREAS, the City Council of the City of Fountain Valley called a General Municipal Election to be held on November 3, 2026 for the purpose of the election of three (3) Members of the City Council for the term of four years, and; WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city, the precincts, polling places, and election officers of the two elections be the same, and that the Orange County Registrar of Voters canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:

SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 3, 2026, for the purpose of electing three (3) Members of the City Council for the term of four years.

SECTION 2. That the County of Orange Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating statewide elections.

SECTION 4. That the Board of Supervisors is requested to issue instructions to the Orange County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

SECTION 5. That the City of Fountain Valley recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs related to this election.

SECTION 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Orange County Registrar of Voters.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Fountain Valley this 16th day of June, 2026.

AYES:

NOES:

ABSENT:

ABSTAIN:

Jim Cunneen, Mayor
ATTEST:

Rick Miller, City Clerk
APPROVED AS TO FORM:

Colin Burns
Attorney for the City

1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES

FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS

SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 3, 2026
WHEREAS, §13307 Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the Candidates Statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: General Provisions.

A. That pursuant to §13307 of the Elections Code of the State of California, each Candidate for elective office to be voted for at an election to be held in the City of Fountain Valley on November 3, 2026, may prepare a Candidates Statement on an appropriate form provided by the City Clerk.

The Statement may include the name, age, and occupation of the Candidate and a brief description of no more than 200 words of the Candidate’s education and qualifications expressed by the Candidate. The Statement shall not include party affiliation of the Candidate, nor membership or activity in partisan political organizations. Additionally any Candidates Statement submitted pursuant to §13307 of the Elections Code shall be limited to a recitation of the Candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office.

B. The statement shall be filed in typewritten form in the office of the City Clerk at the time the Candidate’s nominations papers are filed. The Candidate must also provide the City Clerk with an electronic copy of the statement in Word format on a CD, flash drive, or by email.

C. The Statement shall be filed in the Office of the City Clerk at the same time the Candidate’s Nomination Papers are filed. The Statement may be withdrawn, but not changed, during the period for filing Nomination Papers and until 5:00 p.m. of the next working day after the close of the Nomination Period.

Section 2. Foreign Language Policy

2 A. Pursuant to the Federal Voting Rights Act, Candidates Statements will be translated into all languages required by the County of Orange. The County is required to translate Candidates Statements into the following languages:

Spanish, Chinese, Korean, and Vietnamese.

B. The County will print and mail sample ballots and Candidates Statements to all voters in Spanish, Chinese, Korean, or Vietnamese to only those voters who are on the County voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and all Candidates Statements in the required languages available at all polling places, on the County’s website, and in the City Clerk’s Office.

Section 3. Payment
A. Translations:

1. The Candidate shall be required to pay for the cost of translating the Candidates Statement into any required foreign language as specified in Section 2.A. and Section 2.B. above pursuant to Federal and/or State law.

2. The Candidate shall be required to pay for the cost of translating the Candidates Statement into any foreign language that is not required as specified in Section 2.A. and Section 2.B. above, pursuant to Federal and/or State Law, but is requested as an option by the Candidate.

B. Printing:

1. The Candidate shall be required to pay for the cost of printing a Candidates Statement in English in the main voter pamphlet.

2. The Candidate shall be required to pay for the cost of printing the Candidates Statement in a foreign language required in Section 2.A. above, in the main voter pamphlet.

3. The Candidate shall be required to pay for the cost of printing the Candidates Statement in a foreign language requested by the Candidate per Section 2.B. above, in the main voter pamphlet.

4. The Candidate shall be required to pay for the cost of printing the Candidates Statement in a foreign language required by Section

2.A. above, in the facsimile voter pamphlet.

The City Clerk shall provide an estimate of the total cost of printing, handling, translating, and mailing the Candidates Statements filed pursuant to this Section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each Candidate filing a statement to pay in advance to the City his estimated pro rata share as a condition of having his statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election

3 and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the Candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the Candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall pro rate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

Section 4. Additional Materials. No Candidate will be permitted to include additional materials in the sample ballot package.

Section 5. That the City Clerk shall provide each Candidate or the Candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

Section 6. That all previous Resolutions establishing City Council policy on payment for Candidates Statements are repealed.

Section 7. That this Resolution shall apply only to the election to be held on November 5, 2024, and shall then be repealed.

Section 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Fountain Valley this 16th day of June, 2026.

AYES:

NOES:

ABSENT:

ABSTAIN:

Jim Cunneen, Mayor
ATTEST:

Rick Miller, City Clerk
APPROVED AS TO FORM:

Colin Burns, Attorney for the City

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 16, 2026
Members of the City Council
SUBJECT: Approval of the Agreement for Consultant Services between the City of Fountain Valley and Harper & Burns, LLP to Provide City Attorney Services to the City

THREE-YEAR STRATEGIC GOAL
☐ Cultivate a welcoming culture and safe environment that makes our community “A Nice Place to Live.”
☐ Ensure long-term fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities.
☐ Attract and retain quality staff through best practices and trends. ☐ Maintain, build, plan for, and modernize infrastructure to support the growth and future needs of the City.
☒ Not applicable

EXECUTIVE SUMMARY
In September 2021, the City Council approved the Agreement for Consultant Services with Harper and Burns to provide legal services to the City and recently approved the second and last amendment on September 25, 2025, extending the term to September 30, 2026.

Harper & Burns, LLP, has served the city since 1982 and has provided exceptional legal and customer service. However, due to the long tenure of their service and to ensure the City was receiving the best possible service and pricing, the City issued an RFP for City Attorney Services in July 2021 and then again in April 2026. After reviewing the seven (7) proposals submitted, the review committee believes that Harper and Burns would provide the most cost effective and responsive legal services to the City.

Staff recommends the City Council approve the Agreement for Consultant Services with Harper & Burns, LLP to continue to provide City Attorney services to the City for an initial term of three (3) years with two (2) additional one (1) year extensions if agreed to by both parties.

DISCUSSION
The City Attorney is a complex position requiring specialized knowledge of municipal laws including but not limited to:

 The Brown Act  Land use and planning
 Conflict of Interest law  CEQA (California Environmental Quality act)
 Elections Law  General Plan Law
 Contract Law  The Subdivision Map Act
 Municipal Tort Law  Code Enforcement
 Parliamentary Procedure  Intergovernmental Relations  FPPC Regulations  Environmental Law
 Construction Law  Public contracts and franchises
As a full-service City, the City Attorney needs to be able to assist all departments on a variety of topics and respond quickly. The City has received excellent customer service and high-quality legal guidance from Harper & Burns.

Despite the City being satisfied with the services provided by Harper & Burns, the City issued an RFP for City Attorney Services to be consistent with industry’s best practices and to ensure the City was being provided with the best possible service and pricing. The City received seven (7) proposals and after a thorough review by the evaluation committee and interviews of the top two (2) firms, the committee found Harper & Burns to be the best fit for the City and is recommending approval of a new agreement for an initial term of three (3) years plus two (2) additional one (1) year extensions possible if agreed to by both parties.

PROCUREMENT
In accordance with City’s Purchasing Policies, The City of Fountain Valley issued an RFP for a City Attorney Services on April 13, 2026. The RFP was publicly advertised through Planetbids with an invitation through the City’s website. Fifteen (15) firms showed interest in the RFP and downloaded the RFP documents. The City received seven (7) proposals, which are listed in the chart below. The City did not receive proposals from the following firms that did view and download the RFP: Best Best & Krieger, Civica Law Group, Floral Park Consulting, Clark Hill, Meyers Nave, Renne Public Law Group, Richards, Watson & Gershon and Woodruff & Smart. The RFP closed on May 11, 2026, and seven (7) vendors submitted proposals. The city’s evaluation team consisted of three Department Heads who evaluated the proposals on a 10-point system with a weighted score of 800 in 3 areas: general approach & work plan, qualifications/ experiences & the firm’s past performance and references. After scoring proposals based on the criteria above, cost proposals were opened for the firms that obtained a score of 575 or higher. The cost proposals were then scored with a maximum of 200 points possible.

The evaluation Panel decided to Interview the top 2 firms with 10 questions surround various scenarios the city is faced with. Each area was scored to earn a max score of 900 points.

Based on evaluation of the proposals and after completion of the interviews, staff determined that Harper & Burns LLP’s proposal best fits the needs of the city and is recommending awarding them a new contract for City Attorney Services.

FINANCIAL ANALYSIS
The proposed rate structure from Harper & Burns reflects a 9.6% increase for attorneys and a 14.6% increase for partners over currently authorized rates. Total compensation paid to Harper & Burns LLP over the last three (3) completed fiscal years and current fiscal year-to-date are as follows:

Total annual expenditures for Harper & Burns LLP remains dependent upon fluctuating caseload volumes. The current contract which was effective in September 2021 included two fee increases of 3% in 2024 and again in 2025. Staff is currently projecting to have sufficient funds in the FY2026/27 budget to support this agreement.

ATTORNEY REVIEW
The agreement was reviewed by Michael Daudt of Woodruff, Spradlin & Smart.

ALTERNATIVES
Alternative No. 1: Approval of the Agreement for Consultant Services between the City of Fountain Valley and Harper & Burns, LLP to Provide City Attorney Services to the City for an initial term of three (3) years with two (2) additional one (1) year extensions if agreed to by both parties.

Alternative No. 2: Do not Approve of the Agreement for Consultant Services between the City of Fountain Valley and Harper & Burns, LLP to Provide City Attorney Services to the City.

RECOMMENDATION:

It is recommended that the City Council approve the Alternative No. 1: Approval of the Agreement for Consultant Services between the City of Fountain Valley and Harper & Burns, LLP to Provide City Attorney Services to the City for an initial term of three (3) years with two (2) additional one (1) year extensions if agreed to by both parties.

Prepared by: Rick Miller, City Clerk
Reviewed by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager

Attachment: Agreement for City Attorney Services

Rev 10/25

AGREEMENT FOR CONSULTANT SERVICES
CON –
City Legal Services
This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City of Fountain Valley, a municipal corporation ("CITY") and Harper & Burns, LLP, a Limited Liability Partnership ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This AGREEMENT shall commence on July 1, 2026 (“EFFECTIVE DATE”) and remain and continue in effect until all tasks described herein are completed but in no event later than June 30, 2029 , unless sooner terminated or extended pursuant to the provisions of this AGREEMENT. Notwithstanding this limit on term, some duties and obligations may survive the termination, lapse, or completion of this AGREEMENT.

2. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. NOTICE TO PROCEED
CONSULTANT shall not perform any work or be entitled to any compensation under this AGREEMENT until a written Notice to Proceed is issued by CITY. The Notice to Proceed shall not issue unless and until CONSULTANT submits proof, satisfactory to CITY, of its procurement of appropriate insurance required by this AGREEMENT. The failure of CONSULTANT to submit proof of appropriate insurance within 10 days of the EFFECTIVE DATE is a material breach and shall constitute cause for immediate termination of this AGREEMENT by CITY.

4. PERFORMANCE
CONSULTANT shall at all times faithfully, competently, and to the best of their ability, experience, and talent perform all tasks described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.

5. CITY MANAGEMENT
City Manager or their designee shall represent CITY in all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the tasks to be

Rev 10/25
performed or change the compensation due to CONSULTANT. The City Manager shall be authorized to act on CITY’S behalf and to execute all necessary documents that enlarge the tasks to be performed or change CONSULTANT's compensation, subject to Section 6 hereof.

6. PAYMENT
(a) CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. (b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived.

CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY’s written authorization is given to CONSULTANT for the performance of said additional services. The City Manager’s authority to approve additional compensation is subject to Fountain Valley Municipal Code section 2.36.110. Approval of additional compensation that exceeds the City Manager’s authority as specified in Fountain Valley Municipal Code section 2.36.110 must be obtained from the City Council. (c) CONSULTANT shall submit reasonably detailed invoices monthly for actual services performed and, as applicable, equipment and materials acquired.

Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the CITY disputes ant of CONSULTANT’s fees it shall give written notice to CONSULTANT within 30 days of receipt of an invoice of any disputed fess set forth on the invoice.

7. PUBLIC WORK
Notice is provided pursuant to Labor Code Section 1781 that all or a portion of the work contemplated in this AGREEMENT may constitute a “public work” as defined in Chapter 1, Part 7, and Division 2 of the Labor Code, to which Section 1771 applies.

If all or a portion of the work contemplated under this AGREEMENT constitutes “public work,” then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which require payment of prevailing wages under the prevailing wage laws (Labor Code, §§ 1720 et seq.), and shall comply with the following:
(a) Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at
http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request. CONSULTANT shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for

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health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code.
(b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall keep accurate payroll records showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. CONSULTANT’S AND ANY SUBCONSULTANT’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. CONSULTANT SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT’S PAYROLL RECORDS. Additionally, CONSULTANT or subconsultant has ten (10) days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONSULTANT or subconsultant fails to comply within the ten (10) day period, they shall, as a penalty to CITY, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONSULTANT under this AGREEMENT.
(c) Penalty. CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONSULTANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California.
(d) Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONSULTANT.
(e) Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and CONSULTANT shall not require more than eight (8) hours of labor in a day from any person employed by them hereunder except as provided in Labor Code Section 1815. CONSULTANT shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that CONSULTANT shall forfeit to CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by CONSULTANT or any subconsultant for each calendar day

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during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any monies due or that may become due pursuant to this AGREEMENT.

8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. CITY shall not be obligated to explain its reasons for termination. Upon receipt of said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise.

If CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. (b) In the event this AGREEMENT is suspended or terminated pursuant to this section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of suspension or termination, provided that the work performed is of value to CITY and consistent with the AGREEMENT. Upon suspension or termination of the AGREEMENT pursuant to this section, CONSULTANT will, as a precondition to being compensated, submit an invoice to CITY detailing work performed up to the time of suspension or termination.

9. DEFAULT OF CONSULTANT
(a) CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a material default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond CONSULTANT's control, and without fault or negligence of CONSULTANT, it shall not be considered a default. (b) As an alternative to the procedure for immediate termination for default set forth in subparagraph (a), if CITY determines that CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, CITY may in its discretion cause to be served upon CONSULTANT a written notice of the default and demand to cure. CONSULTANT shall have ten (10) calendar days after service upon it of said notice to cure the default by rendering a satisfactory performance. In the event that CONSULTANT fails to cure its default within such period of time, CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this AGREEMENT.

10. OWNERSHIP OF DOCUMENTS
(a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters,

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reports, testing results, and other such information including as-built records as required by CITY that relate to the performance of services under this AGREEMENT.

CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination, or suspension of this AGREEMENT, all original documents, plans, specifications, engineer’s estimates, computer files, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to CITY, upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

11. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for CONSULTANT’s services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, officers, employees, and agents (“INDEMNIFIED PARTIES”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs to the extent the same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. With respect to the design of public improvements, CONSULTANT shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT.

For all Consultant performances under this Agreement that are within the provision of design services as defined under California Civil Code Section 2782.8, the following shall apply: Notwithstanding any clause or provision in this Agreement or any other applicable Agreement to the contrary all specifically relating to design services and related performances to these design services, as specified, in California Civil Code Section 2782.8, Consultant agrees to indemnify and hold harmless (but not defend) the City, its officers, directors and employees from and against damages and costs that City is legally obligated to pay, to the extent caused by the negligent act, error or omission of the Consultant or anyone for whom the Consultant is legally responsible,

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subject to any limitations of liability contained in this Agreement. Consultant shall have liability for reasonable and necessary defense costs incurred by persons indemnified to the extent caused by Consultant’s negligence herein and recoverable under applicable law on account of negligence.

For all Consultant performances under this Agreement that are not for design services as defined under California Civil Code Section 2782.8 the following shall apply:

Consultant agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees, agents, attorneys, and volunteers from and against any and all claims, demands, losses, attorney fees, defense costs or expenses, or liability of any kind or nature which City, its officers, officials, employees, agents, attorneys and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence or wrongful conduct of City, its officers, officials, consultants, employees, agents, attorneys and volunteers. (b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, protect and hold harmless CITY, and any and all of its employees, officials, officers, agents, and volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including but not limited to officers, agents, employees, or subconsultants of CONSULTANT.
(c) General Indemnification Provisions. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this AGREEMENT.

In the event CONSULTANT fails to obtain such indemnity obligations from others as required here, CONSULTANT agrees to be fully responsible according to the terms of this section.

Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the termination of this AGREEMENT or this section.

Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. (d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights of CITY under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless CITY for liability attributable to the active

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negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’s active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

This section shall survive the lapse, termination, or completion of this AGREEMENT.

12. INSURANCE
Prior to performing any work or receiving any compensation under this AGREEMENT, CONSULTANT shall obtain, and thereafter maintain for the duration of this AGREEMENT, insurance coverage as specified in Exhibit B, attached hereto and incorporated herein as though set forth in full. This duty or obligation shall survive the lapse, termination, or completion of this AGREEMENT.

13. WARRANTY FOR GOODS
(a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel (hereafter “GOODS”), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/or retailer with provisions equal to or exceeding those specified in this Section. In the event the manufacturer’s warranty or retailer’s warranty do not equal or exceed the protections specified in this Section, CONSUTLANT agrees to provide said warranty protections.

The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS. The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom. CONSULTANT warrants that:
(1) The GOODS will function properly under normal use, will be of good workmanship, free from defect, of merchantable quality, and fit for CITY’s intended use;
(2) The GOODS will fully comply with any specifications provided by CITY and any samples or documentation provided by CONSULTANT; (3) The GOODS will be free of any security interests, liens, or encumbrances and CONSULTANT has title to the GOODS;
(4) The GOODS will not violate any intellectual property rights of any third party;
(5) The GOODS will be delivered free of the rightful claim of a third person by way of infringement; and
(6) The GOODS are merchantable in accordance with Commercial Code Section 2314.
(b) The warranty listed above is in addition to any other warranties made by

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CONSULTANT, the manufacturer, retailer, or imposed by law. All warranties will survive inspection and payment by CITY and are assignable to CITY’s successors and assigns. If any GOODS do not meet the warranty, CITY may, at CITY’s option, and without additional cost to CITY:
(1) Require CONSULTANT to repair or replace the GOODS until the GOODS meet the warranty. If CONSULTANT cannot replace the GOODS and repair either is not commercially practicable or cannot be made within three (3) days, CONSULTANT will refund the purchase price;
(2) Return any of the GOODS to CONSULTANT at CONSULTANT’s expense for a full refund;
(3) Correct the nonconformance and charge CONSULTANT for the costs to make the correction; or
(4) Engage a third party to provide substitute GOODS and charge CONSULTANT for the costs of obtaining the substitute GOODS from the third party.

14. INDEPENDENT CONTRACTOR
(a) CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor having only the contractual duties and obligations agreed upon as memorialized in this AGREEMENT. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner, whether in law or equity.
(b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, CITY shall not pay, nor be deemed to have paid or delivered, salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. In addition to the indemnification provisions of Section 11, CONSULTANT shall indemnify, defend, and hold CITY harmless from claims or liability arising from CONSULTANT’s employees for CITY benefits including, but not limited to, pension, health benefits, holiday, vacations, etc.

15. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and

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regulations which in any manner affect i t s r e q u i r e m e n t s u n d e r t h i s A g r e e m e n t , a n d those employed by it or in any way affect the performance of its service, duties, and obligations pursuant to this AGREEMENT. CONSULTANT shall at all times observe and comply with all such laws and regulations. CITY, and its officers, officials, employees, agents, and volunteers shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section. This section shall survive, without limitation, the termination, lapse or completion of this Agreement.

16. POLITICAL REFORM ACT
If the Political Reform Act requires CONSULTANT to file a Form 700, then CONSULTANT must file a Form 700 with full disclosure within 30 days of assuming office and thereafter must file an annual statement for each calendar year of this AGREEMENT.

17. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of CITY in connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the CITY will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee, or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this section shall be a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity.

18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this AGREEMENT.

19. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the Attorney for the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered “voluntary” provided CONSULTANT gives CITY notice of such court order or subpoena.

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(b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the CITY. CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

20. SECURITY OF INFORMATION
CONSULTANT shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of the information. CONSULTANT shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

21. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

CITY CONSULTANT
City of Fountain Valley Harper & Burns, LLP
10200 Slater Avenue 453 South Glassell Street
Fountain Valley, CA 92708 Orange, CA 92866
Attn: City Clerk Attn: Colin Burns

22. ASSIGNMENT
CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without the prior written consent of CITY, which the CITY may grant or withhold in its sole and absolute discretion, with no obligation to disclose the basis for its decision to any person, firm, entity, or Party. ☒ [Check if Applicable] CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of any key personnel from CONSULTANT’s employ.

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Should key personnel leave CONSULTANT’s employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and CONSULTANT.
☒ [Check if Applicable] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only Colin Burns (“PRINCIPAL”) shall perform the services described in this AGREEMENT. PRINCIPAL may use assistants, under their direct supervision, to perform some of the services under this AGREEMENT.

CONSULTANT shall provide CITY fourteen (14) day's notice prior to the departure of PRINCIPLE from CONSULTANT's employ. Should they leave CONSULTANT's employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and CONSULTANT.

23. LICENSES
At all times during the term of this AGREEMENT and prior to commencement of any work under this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT including, but not limited to, a Fountain Valley business license.

24. GOVERNING LAW
CITY and CONSULTANT understand and agree that the laws of the State of California, or, as necessary, the laws of the United States Federal government, shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in Orange County Superior Court or Central District of California Federal District Court.

25. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, direct or implied, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. Each Party has had the opportunity to have this Agreement reviewed by independent legal counsel of its own selection and is not relying on any representations, opinions, or advice of the other Party.

26. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL

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CONSULTANT is bound by the contents of CITY’s Request for Proposals and the contents of the Proposal submitted by CONSULTANT. In the event of conflict, this AGREEMENT shall take precedence over CITY’s Request for Proposals and CONSULTANT’s Proposal; and CITY’s Request for Proposals shall take precedence over CONSULTANT’s Proposal. No limitation of CONSULTANT’s liability, waiver of rights of CITY, or release of rights or remedies held by CITY, contained in CONSULTANT’s Proposal shall be of any force or effect.

27. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted by all parties hereto.

28. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. The written modification requirement cannot be waived.

29. ATTORNEY FEES
In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONSULTANT’s duty to provide CITY with a defense at CONSULTANT’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.

30. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that they have the authority to execute this AGREEMENT on behalf of CONSULTANT and have the authority to bind CONSULTANT to the performance of its obligations hereunder. CONSULTANT agrees that the person executing this AGREEMENT is an authorized agent of the CONSULTANT with the power to bind CONSULTANT to this AGREEMENT. ///
///

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Exhibit “A”
Scope of Services
And Payment Terms

Cost and Fee Proposal
Harper & Burns utilizes an hourly rate for legal services. Legal services are billed in increments of 1/10th (0.1) of an hour. Invoices for legal services are provided monthly; separated and itemized by matter or Department.

LABOR RATE
The firm proposes the following hourly rates:

Partner $235.00
Attorney $205.00
Developer Reimbursed Legal Services $325.00
Law Clerk $135.00
Paralegal $135.00
The firm requests City consideration of a CPI adjustment based on a year-to-year comparison of prices on the Consumer Price Index – All Items – Riverside Area on the anniversary date of the legal services agreement. Any CPI adjustment requires approval of the City, subject to the City’s sole and absolute discretion.

MATERIALS, COSTS, OTHER CHARGES
Harper & Burns LLP requests reimbursement for costs actually incurred, including court costs, jury fees, service costs, witness fees, deposition costs, court reporter fees, title reports, delivery charges, extensive reproduction costs, photographs, diagrams, maps, and similar expenses. All expenses are billed at cost, the firm never includes markup.

Standard charges such as copying, facsimile transmissions, computer legal research, word processing, and mileage in the normal course of business are included in the hourly rate.

P R O J E C T W O R K H O U R S A N D C O S T B Y T A S K / R E Q U I R E M E N T (WORK PROGRAM)
Work hours are incurred on a project-by-project basis as requested by the City. An estimate of work hours is provided below based on the average of Fountain Valley’s actual billable hours for 2024 and 2025, excluding code enforcement and litigation matters approved by the City Council on a case-by-case basis.

Cost and Fee Proposal

TASK ATTORNEY AVERAGE

MONTHLY

AVERAGE

YEARLY BILLING RATE ESTIMATED TOTAL / YEAR
Council-Admin Partner 34.8 417 $235 $97,995
Council-Admin Attorney 6.1 73.5 $205 $15,067
Human
Resources Partner 2.1 24.8 $235 $5,828
Human
Resources Attorney 1.2 14.3 $205 $2,931
Finance Partner 0.8 9.3 $235 $2,185
Finance Attorney 4.1 49 $205 $10,045
Fire Partner 2.7 32.4 $235 $7,614
Fire Attorney 2.3 27.6 $205 $5,653
Planning Partner 4.8 56.3 $235 $13,231
Planning Attorney 6.3 74.2 $205 $15,211
Community
Services Partner 1 12.6 $235 $2,961
Community
Services Attorney 7.8 33.6 $205 $6,888
Prosecutions Partner 0.2 2.2 $235 $517
Prosecutions Attorney 21.2 234 $205 $52,070
Police Partner 6.8 81.3 $235 $19,105
Police Attorney 13 156.5 $205 $32,083
Public Works Partner 3.6 42.2 $235 $9,917
Public Works Attorney 21 25.3 $205 $5,187

TOTAL PER YEAR
(Excluding Litigation and Code Enforcement) $304,493.00

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City of Fountain Valley
Electronic submittal of Request for Proposal
RFP

CITY ATTORNEY SERVICES
Questions Deadline:
4:00 p.m., PST, Thursday, April 23, 2026
Proposals Due Date:
12:00 p.m., PST, Monday, May 11, 2026
City Contact:

Amanda Penaloza, Mgmt. Analyst / Purchasing Officer
email: [email protected]
Phone No. (714) 593-4413
CITY OF FOUNTAIN VALLEY’S ELECTRONIC BIDDING SITE,

PLANETBIDS
*Read Upload Instructions*
for important information on the best time to upload proposals (Issued April 13, 2026)

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(Blank Page)

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City of Fountain Valley Request for Proposal for

CITY ATTORNEY SERVICES

SUMMARY
The City of Fountain Valley is seeking proposals from qualified legal firms for performing the duties and functions of City Attorney and to provide other legal services for City agencies and authorities.

The City Attorney is an independent contractor serving at the will of the City Council.

The service contract will be for a period of three (3) years, with the option of extending it for two (2) additional one-year terms upon mutually agreeable terms.

Proposals will be evaluated based on the firm’s experience with projects of this type in similar environments, and the quality and breadth of the approach proposed to complete the work.

Interested firms should submit a proposal that clearly addresses their experience in providing services outlined in the Scope of Work and identify those individuals, along with their expertise, that will work with the City. Examples of relevant work are encouraged, and should showcase the quality, breadth, and approach used in prior roles.

Proposals, prepared according to the following detailed instructions, must be received via PlanetBids no later than 12:00 p.m., Pacific Standard Time, Monday, May 11, 2026.

The City of Fountain Valley assumes no obligations of any kind for expenses incurred by any respondent to this solicitation.

It is the City of Fountain Valley’s policy to assure nondiscrimination in any contract entered into pursuant to this advertisement. Firms will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award as provided by Title VI of the Civil Rights Act of 1964.

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The City of Fountain Valley is soliciting proposals for City Attorney Services.

I. SUMMARY
The City of Fountain Valley (“City”) invites interested law firms to submit proposals for City Attorney legal services, as they are set forth in this Request for Proposals. The selected City Attorney and law firm must be qualified to provide legal expertise in the areas of general municipal law, land use and zoning law, building code compliance, nuisance abatement, public works contracts, labor relations and personnel law, contracts law, real estate law, environmental law, fees and taxes, open meetings and conflicts of interest, issues relating to police and fire service, and other related areas of law. The City Attorney is an independent contractor serving at the will of the City Council.

The term of the agreement is three (3) years with two (2) additional one-year terms based on mutual agreement by both parties.

II. ABOUT THE CITY
Background Information
The City is a general law city that has operated under the council-manager form of government since its incorporation in 1957. The City is located in Orange County, California, and is located roughly 30 miles southeast of Los Angeles and 90 miles northwest of San Diego. The City has an estimated population of 56,920 and has a land area of 9.75 square miles. The City is a full-service City that offers a range of municipal services that includes, but is not limited to: police and fire protection; water and sewer utility operations; building and safety; development services for land use planning, and zoning; housing and community development; and a full range of recreation and cultural activities.

III. PROJECT DESCRIPTION
The City is requesting proposals from qualified firms for City Attorney Services (“Services”), which shall be provided under the general direction of the City Manager or his or her designee.

The City Attorney is selected by, and serves at, the pleasure of the City Council. The City Attorney works closely with the Council, various City Commissions and Boards, the City Manager and other City staff. The City Attorney will be expected to provide a wide range of legal services in order to meet the diverse and sometimes complicated needs of a full-service city providing police, fire, trash and water service. As such, the City expects that the proposing firm shall not only have the breadth of experience to serve the City, and also the ability to retain the necessary staff in each of the legal disciplines outlined in this proposal.

Proposing firms should be able to demonstrate: a successful track record in municipal litigation; a comprehensive system to keep clients ahead of legal and legislative developments; and a familiarity with the City, our community and the surrounding region.

The City has contracted for City Attorney legal services from a general counsel law firm, while also contracting periodically for specialized legal services for many years. As it is the City’s preference to use the City Attorney firm for as many legal services as practical, the City is seeking proposals from law firms offering a full suite of services, with the understanding that, in limited instances, the City will reserve the right to continue to utilize

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specialized legal services at its sole and entire discretion.

Award of contract will be to the firm whose proposal best complies with all of the requirements of the RFP documents, is the best fit for the City’s team, and provides the best solution for the needs of the City. The successful proposer will be required to enter into a Professional Services Agreement with the City.

IV. GENERAL SCOPE OF WORK
A successful City Attorney will provide in house, legal opinions, advice, assistance and consultation with the City Council, various City Commissions, the City Manager, and City staff. The range of services routinely requested of the City Attorney includes, but is not limited to the following:

1. Serve as City Attorney at regular City Council meetings on the first and third Tuesday of each month, with closed session typically beginning at 4:30 pm and open session beginning at 6:00 pm, as well as any special meetings or workshops as directed by the City Council.

2. Attend Planning Commission meetings as needed. Planning Commission meetings are held every second Wednesday of the month at 6:00 pm.

3. Provide clear and concise legal advice and consultation on a daily basis as requested or required to members of the City Council, City advisory bodies, the City Manager, and City staff.

4. Prepare, review, and approve as to form, ordinances, contracts, resolutions, bid documents, leases, deeds, other legal documents, City Council staff reports from the City Attorney’s Office, and documents prepared by City staff with legal considerations.

5. Provide guidance concerning requirements of the Brown Act, Conflict of Interest Act, the Political Reform Act, the Public Records Act, Pitchess Motions, MeyersMilias-Brown Act, Elections Code, CEQA, tort liability and risk, civil and criminal enforcement, due process and other legal requirements imposed by statute and common law, as well as a working knowledge of municipal employment practice, labor relations statutes, pension law, and public administration.

6. Review and update the City’s Municipal Code and Zoning Code, including updates required by state and federal housing legislation.

7. Show expertise in all areas of land use, environmental and natural resources law, including but not limited to the review and approval of environmental impact reports and negative declarations, land use decisions including appeals, public improvements, easements, property acquisition, property disposals, public improvements, easements, dedications, CEQA, public utilities, and other related

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documents.

8. Show expertise in areas of code enforcement issues, including City code interpretation, preparation and review of notices, demands, orders and prosecution of violations.

9. Show expertise in the areas of stormwater, water rights, and water quality issues.

10. Show expertise in the areas of public works projects, including but not limited to contract disputes and interpretation services, drafting construction and similar contracts and conditions, prevailing wage issues, and special condition approvals.

11. Review compliance with public records for public records requests and records destruction.

12. Negotiate and prepare leases, purchase agreements, development agreements, memorandums of understanding, joint powers agreements, contracts, and other agreements, as well as settlement of disputes.

13. Represent the City in inter-agency projects and other legal matters.

14. Counsel the City regarding taxes, assessments, fees, Proposition 218, debt issuances, and other financial advice.

15. Monitor pending and current state and federal legislation and court decisions, as appropriate, and provide written updates on those that have the potential to affect the City. Provide suggested action or changes in operations or procedures to assure compliance.

16. Determine when specialized legal counsel is needed, identify and secure the services of special outside counsel that is the most qualified and appropriate for the matter at hand, and oversee their services to ensure time/costs are controlled and on point.

17. Promptly respond to calls, emails and correspondence from City Officials and staff.

18. Perform such other legal duties as may be required.

19. Provide monthly billing in a format that meets the needs the City’s and its’ auditors accounting needs.

In addition to the scope of work outlined above, the appointed City Attorney must understand his/ her role in local government, avoiding political debates and active participation in the policy and managerial decision-making process entrusted to the City Council and City Manager. The City Attorney is expected to provide technically sound

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and consistent legal advice to all members of the City Council and City staff while maintaining trust and an unwavering ethical standard no matter the situation or individuals involved.

V. PROPOSAL REQUIREMENTS
A. General Requirements
Inquiries/Questions concerning this request for proposal should be made before 4:00 p.m., PST, on Thursday, April 23, 2026.

If the Proposer is in doubt as to the meaning or finds discrepancies and/or omissions from any part of the RFP and Agreement Documents, the Proposer must submit a written request for clarification via PlanetBids.

All questions regarding this project shall be submitted electronically in PlanetBids up to the Question and Answer (QA) deadline. All project correspondence will be posted in PlanetBids. It is the responsibility of the Proposers to check the website regularly for information updates, clarifications, and addenda. At the Agency’s discretion, Proposers requests for clarifications may or may not be responded to.

All revisions of the RFP by the City will be made in writing and will be posted on PlanetBids in accordance with the procurement schedule. Proposers shall electronically acknowledge receipt of all addenda at time of submittal and all addenda so issued shall become part of the RFP and the effects of all Addenda shall be considered in the proposal.

B. Submission of Proposals
Proposals must be received no later than 12:00 p.m., PST, Monday, May 11, 2026.

Proposals shall be received in electronic format EXCLUSIVELY at the City of Fountain Valley’s electronic bidding (ebidding) site, at:
https://pbsystem.planetbids.com/portal/25002/portal-home and are due by the date, and time shown on this solicitation. See “upload instructions” document for details. Files are to be uploaded accordingly:
• Response File: Upload proposal with no cost attached. • General Attachments: If City request forms, upload under specified file as shown on PlanetBids.
• Cost File: Cost proposal is to be uploaded electronically as a separate file and not attached to the response file.
• Line Item (if required): make sure to input an amount on each item, can use the notes section to clarify your amount.

The following instructions describe the form in which proposals must be presented.

Proposal documents must be prepared simply, economically, and provide a straightforward, concise response to the requirements of the RFP. Completeness and clarity of content must be emphasized. The requirements stated do not preclude proposers from furnishing additional reports, functions, and costs as deemed appropriate.

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C. Proposal Content Format
Proposals are to be submitted in .pdf format only and should contain no more than twenty (20) pages, including exhibits and resumes, single-sided, single column, portrait layout, 1" side margins and 1/2" top and bottom margins, font size no less than 12 pt., and single or double spaced. The 20 pages does not consist of cover sheet, table of contents page or any document specifically requested on RFP (and is to be uploaded separate from proposal).
• RFP Addenda. Proposers shall check the website for addenda prior to proposing and shall be required to electronically acknowledge receipt of all addenda at time of proposal submittal.

1. Transmittal Letter
The proposal transmittal letter shall be addressed to the Purchasing Officer for the City of Fountain Valley and shall contain the following:
• Name of individual, partnership, company, or corporation submitting proposal.
• Statement that indicates an understanding of the scope of work as presented in this specification and confirmation that all terms and conditions of the RFP are understood and acknowledged by the undersigned.
• Team organization including an organization diagram and time commitment shall be submitted showing all key team members and illustrating the relationship between the City, the manager, and key staff. • Signature(s) of representative(s) legally authorized to bind the proposer.

2. Company Experience
• The firm’s proposed City Attorney personnel must be licensed and active members of the California State Bar. The designated City Attorney will preferably have ten (10) or more years of municipal legal experience in California as chief or deputy legal counsel to a California city. • Provide a description of your company’s experiences in performing similar work, including:
o Experience with and knowledge of the law governing general laws of the State of California and a broad range of municipal law practice areas to meet all or most of the day-to-day and specialized legal needs of the City
o Experience in litigation or monitoring or supervising litigation activity within a firm.
o Excellent oral and written communication skills and the ability to express ideas clearly, concisely, and effectively.
o Ability to express a contrary view to City staff and Council, but support implementation once decisions are made.
o Ability to assist and work cooperatively and collaboratively with the City Council, City Manager, staff, and members of the community.

3. Key Personnel/Past Performance

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• Identify and describe the relevant experience and qualifications of the pertinent individuals who would serve as key personnel for various City of Fountain Valley projects.
• Identify other staff members and/or sub-consultants that would provide service, and their relevant experience.
• Identify availability of key personnel to work on each task described in “General Scope of Work”.
• If sub-consultants are used, names of sub-consultants’ key personnel providing service, their professional experience, qualifications, and training which are applicable to this service, and the scope of services that will be provided by each sub-consultant.
• Any changes to personnel assigned to this project shall be made in writing to CITY. CITY reserves the right to reject any proposal with modified personnel.
• The office location from which the consultant(s) shall operate.

4. Approach and Schedule
• Discuss your company’s ability to provide desired services, addressing each of the specific elements listed under “General Scope of Work”. • Describe how your company would ensure City requests are completed in a timely manner.
• Describe the response time we can expect from the City Attorney to inquiries made by the City Council and City staff.

5. Understanding of Project Components
• Identify objectives/tasks that you feel are key to the success of the project; this may include items not already identified in this Request for Proposal.

References for protocols and methods are encouraged.

6. Quality Control
• Describe how your firm will address concerns or deficiencies in quality control and deliverables and give a specific example.

7. References
• Provide descriptions and references for up to three comparable municipalities that your firm has served in the capacity as City Attorney during the last five (5) years. Include contact names, company/agency and telephone numbers for each.
• Identify key personnel listed on this proposal who have worked on the reference projects.

8. Cost / Fee (submit as a separate document, not attached to the Proposal/Response file)

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Compensation for services provided shall be based upon the Firm’s detailed fee proposal.
• Identification of all costs firm will charge for performing the tasks necessary to accomplish the objectives of this RFP. The costs must break out all expenses expected to be billed to the City. Cost proposal shall include the estimated number of project work hours by each task/requirement, and the cost of each task/requirement. A list of hourly rates of proposed project team members shall also be included along with any other fees that may be applicable and billed. Cost is to be listed out for the term of the contract.
• Firms shall provide complete cost and billing schedules of current hourly billing rates for each specialized skill, material, and support services. • A work program together with a breakdown of labor hours by employee billing classification together with the cost of non-labor and sub-contractor services shall be included with the fee proposal. The labor breakdown shall be compiled based upon a listing of work tasks that correlates with the firm’s defined scope of work for project proposal. This information will be used by the City staff to evaluate and compare the reasonableness of the fee schedule and may be used in determining the total cost for the proposed work.
• The service contract will be for a period three (3) years, with two (2) additional one-year extensions possible if mutually agreed upon by both parties. Please indicate any proposed fee increases and their effective date within this term period including the additional one-year extension options.

V. GENERAL REQUIREMENTS
A. DISCLAIMER
This RFP does not commit the City to award a contract, or to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified Contractor, or to cancel this RFP in part or in its entirety. The City may require the selected Contractor to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from Negotiations.

VI. TENTATIVE SCHEDULE OF EVENTS
The following is the Schedule of events that the City plans to follow in conducting this solicitation:

Event Tentative Date
Issuance of RFP Monday, April 13, 2026
Clarification Questions by Email Due Thursday, April 23, 2026 Due Date for Proposals Monday, May 11, 2026
Interviews of Finalists, if applicable Week of May 25, 2026

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Tentative Selection and City Council Award Tuesday, June 16, 2026 Begin Project Wednesday, July 1, 2026
VII. PROPOSAL EVALUATION, INTERVIEWS AND AWARD PROCESS
A. Evaluation Criteria
Award will be based upon a review and evaluation by a committee designated by the Purchasing Officer. Each proposal will be evaluated based on the following criteria but not limited to.

General approach and work plans to meet the requirements of the specified City objectives described in the RFP.

Qualifications and experience of the chief and/or deputy counsel and other key individuals.

The contractor’s /consultant’s past performance on projects of similar size and scope.

Work Plan. Depth of proposer’s understanding of City’s requirements and overall quality of work plan and clarity. Understanding of compliance with all Federal, State and County health regulations.

Cost & Price. Reasonableness of rates; competitiveness with other offers received; adequacy of data in support of figures quoted. The City reserves the right to further negotiate price, scope and terms of the top ranked firm. If negotiations are not successful, the City may terminate negotiations with the top ranked firm and begin negotiations with the next ranked firm.

B. Interviews
If interviews are needed. A few days’ notice will be sent via email to the proposer.

An interview may not be required or needed to award a contract.

C. Evaluation Procedure
An evaluation committee will be appointed to review all proposals received for this RFP.

The committee is chaired by the Purchasing Officer, comprised of City staff and may include outside personnel. The committee members will evaluate the written proposals using the evaluation criteria identified. A list of top ranked proposals, firms within a competitive range, will be developed based upon the totals of each committee members’ score for each proposal. During the evaluation period, the City may interview some or all of the proposing firms. The City has established the week of May 25, 2026 as the date(s) to conduct interviews. All prospective Proposers are asked to keep these dates available.

No other interview dates will be provided, therefore, if a Proposer is unable to attend the interview on the selected date(s), its proposal may be eliminated from further discussion.

The interview may consist of a short presentation by the Proposer after which the evaluation committee will ask questions related to the firm’s proposal and qualifications.

At the conclusion of this interview process, the evaluation committee will provide a

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recommendation for award and the proposer being recommended will receive a notice of intent to award pending successful negotiations and contract preparation. Upon successful completion of this process, a recommendation will be made to the City Council, based on the contract, for their review and consent and unsuccessful firms will be notified.

D. Notification of Awards
The successful proposer will be required to execute a Contract agreement, See “Draft Contract”, with the City, which is subject to formal approval by the Fountain Valley City Council. The proposer will also be required to purchase a City Business License annually during the duration of the contract.

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Exhibit “B”
InsuranceSpecifications

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EXHIBIT “B”

INSURANCE SPECIFICATIONS
Without limiting CONSULTANT’s indemnification of CITY, and prior to performing any work under this AGREEMENT or receiving any compensation, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. The policy shall name the City of Fountain Valley, and its officers, officials, employees, agents, and volunteers as additional insureds.

Umbrella or excess liability insurance. [If required to meet higher limits].

Umbrella liability insurance requirements. CONSULTANT shall obtain and maintain an umbrella liability insurance policy that offers comprehensive coverage. This policy must include coverage for bodily injury, personal injury, and property damage, and it should extend to encompass commercial general liability, automobile liability, and employer’s liability. The policy must incorporate the following terms and conditions:
• Drop-down feature. This feature activates if any primary insurance becomes partially or wholly uncollectible for any reason, excluding the bankruptcy or insolvency of the primary insurer.
• Claims handling. Coverage must be administered on a “pay on behalf of” basis, as opposed to reimbursement model, to ensure direct payment of claims by the insurer.
• Concurrency of coverage. The policy effective dates must align with those of the underlying primary insurance policies to ensure continuous coverage.

Excess liability insurance requirements. The CONSULTANT shall obtain and maintain an excess liability insurance policy. This policy must be structured to provide additional coverage over the CONSULTANT’s existing commercial general liability, automobile liability, and employer’s liability policies. The requirements for the policy are as follows:
• Follow-form coverage. The policy adheres strictly to the terms and conditions of the underlying policies, ensuring seamless integration of coverage.
• Drop-down provision. This provision states that the excess policy will respond as primary coverage in the event that the underlying insurer is unable to pay a claim due to insolvency, unless an insolvency exclusion specifically applies.
• Claims handling. Coverage must be administered on a “pay on behalf of”

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basis, as opposed to a reimbursement model, to ensure direct payment of claims by the insurer.
• Concurrency of coverage. The policy effective dates must align with those of the underlying policies to prevent any gaps in coverage.

Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of CONSULTANT arising out of or in connection with the work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.

Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 dollars). CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and $2,000,000 in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period of no less than three years after completion of the services required by this AGREEMENT.

Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance and required endorsements to CITY as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by CITY prior to commencement of performance. Current certification of insurance shall be kept on file with CITY for the contract period and any additional length of time required thereafter. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the contract period and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss, which may arise from or in connection with the performance of the work hereunder by CONSULTANT, their agents, representatives, employees, or subconsultants/ subcontractors. If this AGREEMENT involves construction, CONSULTANT must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to

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contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT’s payments. In the alternative, CITY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY.

Waiver of subrogation. With the exception of Professional Liability, all insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subconsultants/subcontractors.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits on other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for

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each required coverage. If any of the CONSULTANT’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the CITY immediately in the event of CONSULTANT’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by CONSULTANT (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event CONSULTANT’s subcontractor cannot comply with this requirement, which proof must be submitted to the CITY, CONSULTANT shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the CONSULTANT, but in all other terms consistent with the CONSULTANT’s requirements under this agreement. This provision does not relieve the CONSULTANT of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide CONSULTANT with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the CONSULTANT under this agreement given the limited scope of work or services provided by the subcontractor.

CONSULTANT agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to CITY for review.

City’s right to revise specifications. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to CONSULTANT, CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved

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by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.