Garden Grove City Council
November 12, 2025

AGENDA

Garden Grove City Council

Wednesday, November 12, 2025
6:30 PM

Community Meeting Center
11300 Stanford Avenue
Garden Grove, California 92840
Stephanie Klopfenstein
Mayor
Joe DoVinh
Mayor Pro Tem – District 4
George S. Brietigam
Council Member – District 1
Phillip Nguyen
Council Member – District 2
Cindy Tran
Council Member – District 3
Yesenia Muñeton
Council Member – District 5
Ariana Arestegui
Council Member – District 6

Meeting Assistance: Any person requiring auxiliary aids and services, due to a disability, to address the City Council, should contact the City Clerk's Office 72 hours prior to the meeting to arrange for accommodations. Phone: (714) 741-5040.

Agenda Item Descriptions: Are intended to give a brief, general description of the item. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda.

Documents/Writings: Any revised or additional documents/writings related to an item on the agenda distributed to all or a majority of the Council Members within 72 hours of a meeting, are made available for public inspection at the same time (1) in the City Clerk's Office at 11222 Acacia Parkway, Garden Grove, CA 92840, during normal business hours; (2) on the City's website as an attachment to the City Council meeting agenda; and (3) at the Council Chamber at the time of the meeting.

Public Comments: Members of the public who attend the meeting in -person and would like to address the City Council are requested to complete a pink speaker card indicating their name and address, and identifying the subject matter they wish to address. This card should be given to the City Clerk before the meeting begins. General comments are made during "Oral Communications" and should be limited to matters under consideration and/or what the City Council has jurisdiction over. Persons wishing to address the City Council regarding a Public Hear ing matter will be called to the podium at the time the matter is being considered.

Manner of Addressing the City Council: After being called by the Mayor, you may approach the podium, it is requested that you state your name for the record, and proceed to address the City Council. All remarks and questions should be addressed to the City Council as a whole and not to individual Council Members or staff members. Any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the City Council shall be called to order by the Mayor. If such conduct continues, the Mayor may order the person barred from addressing the City Council any further during that meeting.

Time Limitation: When any group of persons wishes to address the City Council on the same subject matter, the Mayor may request a spokesperson be chosen to represent the group, so as to avoid unnecessary repetition. At the City Council's discretion, a limit on the total amount of time for public comments during Oral Communications and/or a further limit on the time allotted to each speaker during Oral Communications may be set.

PLEASE SILENCE YOUR CELL PHONES DURING THE MEETING.
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AGENDA

ROLL CALL: COUNCIL MEMBER BRIETIGAM, COUNCIL MEMBER NGUYEN, COUNCIL MEMBER TRAN, COUNCIL MEMBER MUÑETON, COUNCIL MEMBER ARESTEGUI, MAYOR PRO

TEM DOVINH, MAYOR KLOPFENSTEIN

INVOCATION

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

PRESENTATIONS

1. Community Spotlight in recognition of the 50th Anniversary of AYSO Region 59.

[Item 427/2025]

2. Community Spotlight in recognition of the 30th Anniversary of the Main Street Weekly Car Show.

[Item 428/2025]

3. Update on Neighborhood Improvement Services: Housing, Homeless Prevention, and Other Resources.

[Item 441/2025]

ORAL COMMUNICATIONS (TO BE HELD SIMULTANEOUSLY WITH OTHER

LEGISLATIVE BODIES)

RECESS

CONDUCT OTHER LEGISLATIVE BODIES' BUSINESS

RECONVENE

CONSENT ITEMS (WILL BE ACTED ON SIMULTANEOUSLY WITH ONE MOTION

UNLESS SEPARATE DISCUSSION AND/OR ACTION IS REQUESTED BY A

COUNCIL MEMBER)

4. Award a contract to Willdan Financial Services for the preparation of the 2025 Development Impact Fee Study. (Cost:$56,400)(Action Item)

[Item 424/2025]

5. Award a contract to James Event Productions, Inc. for special event services for citywide events. (Cost: Not to Exceed $200,000/year)(Action Item)

[Item 401/2025]

6. Approval of Amendment No. 2 to the agreement with Interwest Consulting Group, Inc. to provide on-call Planning contractual services. (Cost: $250,000) (Action Item) [Item 412/2025]
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7. Approval of overnight travel for Council Members to participate in the Mosquito and Vector Control Association of California’s 94th Annual Conference on February 1-4, 2026 in Rancho Mirage, CA. (Action Item)

[Item 421/2025]

8. Authorization for the issuance of a purchase order to Saitech Inc. for the purchase of a next generation firewall solution. (Cost: $169,410.75)(Action Item)

[Item 342/2025]

9. Review of the Automatic Pass-Through Adjustments for purchased water costs. (Action Item)

[Item 419/2025]

10. Receive and file warrants. (Action Item)

[Item 438/2025]

11. Approval to waive full reading of ordinances listed. (Action Item)

[Item 422/2025]

PUBLIC HEARINGS (MOTION TO APPROVE WILL INCLUDE ADOPTION OF EACH

RESOLUTION UNLESS OTHERWISE STATED)

12. Public Hearing, Second Reading and Adoption of Ordinance No. 2971 adopting the 2025 California Building Standards Codes, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AMENDING TITLE 18 OF THE GARDEN GROVE MUNICIPAL CODE AND ADOPTING BY REFERENCE THE FOLLOWING PRIMARY CODES: CALIFORNIA BUILDING CODE, 2025 EDITION; CALIFORNIA RESIDENTIAL CODE, 2025 EDITION; CALIFORNIA ELECTRICAL CODE, 2025 EDITION; CALIFORNIA MECHANICAL CODE, 2025 EDITION; CALIFORNIA PLUMBING CODE, 2025 EDITION; CALIFORNIA ENERGY CODE, 2025 EDITION; CALIFORNIA FIRE CODE, 2025 EDITION WITH CERTAIN AMENDMENTS, DELETIONS, AND ADDITIONS THERETO; CALIFORNIA EXISTING BUILDING CODE, 2025 EDITION; CALIFORNIA GREEN BUILDING STANDARDS CODE, 2025 EDITION; CALIFORNIA REFERENCED STANDARDS CODE, 2025 EDITION; AND CERTAIN SECONDARY CODES INCLUDING THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2024 EDITION, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; AND THE INTERNATIONAL SWIMMING POOL AND SPA CODE, 2024 EDITION, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL. (Action Item)

[Item 423/2025]

COMMISSION/COMMITTEE MATTERS

13. Receive and file the Measure O Citizens’ Oversight Committee Annual Report for Fiscal Year 2024-25. (Action Item)

[Item 418/2025]

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ITEMS FOR CONSIDERATION

14. Award contracts to AKM Consulting Engineers, JIG Consultants, and Civiltec Engineering, Inc. for on-call design engineering services for various water and sewer capital improvement projects. (Not to Exceed $500,000 per contract) (Joint Action Item with the Sanitary District)

[Item 425/2025]

15. Approval of an agreement with Graffiti Protective Coatings Inc., for citywide graffiti removal services. (Cost: $291,471.30)(Action Item)

[Item 426/2025]

16. Award a contract to All Cities Engineering, Inc. for City Project No. CP1378000 - Woodbury Road, Taft Street to Bowen Street Water Improvements Project. (Cost: $1,769,000)(Action Item)

[Item 417/2025]

17. Approval of an Amendment to extend the agreement with Turbo Data Systems, Inc. through June 30, 2027, to provide parking citations management services for the City. (Cost: $400,000)(Action Item)

[Item 414/2025]

18. Approval of an Amendment to extend the agreement with Sweeping Corp of America (SCA) through June 30, 2027, to provide street sweeping services for the City. (Cost: $1,323,366.81)(Action Item)

[Item 413/2025]

19. Award a contract to RG General Engineering, Inc. for the Community Project Funding City Parks Improvements Project IFB No. S-1381. (Cost: $1,544,348) (Action Item)

[Item 391/2025]

MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER

20. Adoption of a Resolution promoting protection of due process and civil liberties for all. (Action Item)

[Item 440/2025]

ADJOURNMENT

The next Regular Meeting is scheduled for Tuesday, November 25, 2025, at 5:30 p.m. in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California, 92840. 4 Item 424/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: William E. Murray
Dept:

City Manager Dept: Public Works
Date: 11/12/2025

Subject: Award a contract to Willdan Financial Services for the preparation of the 2025 Development Impact Fee Study. (Cost:$56,400)(Action Item)

OBJECTIVE

For the City Council to award a professional services agreement to Willdan Financial Services to prepare the 2025 Development Impact Fee Study.

BACKGROUND

The City’s Development Impact Fees are critical to ensure that new developments contribute appropriately to the cost of public infrastructure and community facilities needed to serve growth. These fees – covering parks, transportation, drainage, and other public improvements – were last reviewed in 2016.

Over the last nine years , construction costs, land va lues, regulatory requirements, and community service demands have increased significantly. As a result, it is necessary to reassess the City’s existing fee structure to ensure that it remains equitable and compliant with current state laws, including AB 1600 (the Mitigation Fee Act) and the Quimby Act.

DISCUSSION

The City sought a qualified consultant to prepare a comprehensive Development Impact Fee Study that includes a review and update of fees related to parks, public facilities, transportation, drainage, and parkway trees.

Staff solicited five (5) requests for proposal to financial firms for the Development Impact Fee Study and received (2) qualified proposals. Staff carefully evaluated each proposal and determined that Willdan Financial Services is the most qualified to conduct the Development Impact Fee Study. The following is a summary of the ratings:

Consultant Rater A Rater B Rater C Total
Willdan 177 191.5 182 550.5
Harris & Associates 152 166 169 487
5 Item 424/2025

FINANCIAL IMPACT

The cost of professional services agreement with Willdan Financial Services to prepare the 2025 Development Impact Fee Study is $56,400. This amount is included in the existing Fiscal Year 2025-26 Engineering Division’s operating budget in the General Fund.

RECOMMENDATION

It is recommended that the City Council:

 Award a contract for the 2025 Development Impact Fee Study to Willdan Financial Services in the amount of $56,400; and

 Authorize the City Manager, or designee, to execute the professional services agreement with Willdan Financial Services , and make minor modification as appropriate thereto on behalf of the City.

By: Alexa Viramontes
Sr. Administrative Analyst

ATTACHMENT(S)

1. Agreement

2. Consultant Proposal

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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this ______ day of ____________ 2025, by the CITY OF GARDEN GROVE, a municipal corporation (“CITY”), and WILLDAN FINANCIAL SERVICES (“CONSULTANT”).

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Agreement is entered in to pursuant of City of Garden Grove Authorization by the City Manager.

2. CITY desires to utilize the services of CONSULTANT to conduct a Development Impact Fee study.

3. CONSULTANT is qualified by virtue of experience, training, education, and expertise to accomplish services.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term of Agreement: This Agreement shall cover services rendered from date of this agreement until compensation reaches the not to exceed amount or sooner terminated per Section 3.5.

2. Services to be Provided: The services to be performed by CONSULTANT shall consist of the services as further specified in the CONSTANT’S proposal attached hereto as Exhibit A. CONSULTANT agrees that its provision of Services under this agreement shall be within accepted accordance with customary and usual practices in CONSULTANT’s profession. By executing this Agreement, CONSULTANT warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restriction attending performance of the work under this agreement.

3. Compensation: CONSULTANT shall be compensated as follows:

3.1. Amount. Compensation under this Agreement shall be per fee schedule included in the Proposal.

3.2. Not to Exceed. Compensation under this Agreement shall not exceed $_______________.

3.3. Payment. For work under this Agreement, payment shall be made per monthly invoice. For extra work not a part of this Agreement, a written authorization by CITY will be required.

3.4. Termination. CITY and CONSULTANT shall each have the right to terminate this Agreement, without cause, by giving thirty (30) days written notice of termination to the other party. If the CITY terminates the project, then the provisions of paragraph 3 shall apply to that portion of the work completed.

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4. Insurance Requirements

4.1. Commencement of Work. CONSULTANT shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance.

4.2. Workers Compensation Insurance. For the duration of this Agreement, CONSULTANT and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.

4.3. Insurance Amounts. CONSULTANT shall maintain the following insurance for the duration of this Agreement:

a) Commercial general liability in the amount of $1,000,000 per occurrence; (claims made and modified occurrence policies are not acceptable); Insurance companies must be admitted and licensed in California and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY;
b) Automobile liability in the amount of $1,000,000 per occurrence; (claims made and modified occurrence policies are not acceptable); Insurance companies must be admitted and licensed in California and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
c) Professional liability in the amount of $1,000,00 per occurrence; Insurance companies must be acceptable to the CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY. If the policy is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of the agreement, and for a period of three (3) years from the date of the completion of services provided. In the event of termination, cancellation, or material change in the policy, professional/consultant shall obtain continuing insurance coverage for the prior acts or omissions of professional/consultant during the course of performing services under the term of the agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tall” coverage with the present or new carrier.

An Additional Insured Endorsement, ongoing and completed operations, for the policy under Section 4.3 (a) shall designate the CITY, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONSUTLANT. CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

An Additional Insured Endorsement for the policy under Section 4.3 (b) shall designate the CITY, its officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, leased, hired, or borrowed by CONSUTLANT. CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY. 8 3

For any claims related to this Agreement, CONSUTLANT’s insurance coverage shall be primary insurance as respects to CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

If CONSULTANT maintains higher insurance limits than the minimums shown above, CONSULTANT shall provide coverage for the higher insurance limits otherwise maintained by the CONSULTANT.

5. Non-Liability of Officials and Employees of the CITY. No official or employee of the CITY shall be personally liable to CONSULTANT in the event of any default or breach by CITY, or for any amount which may become due to CONSULTANT.

6. Non-Discrimination. CONSULTANT covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry, in any activity pursuant to this Agreement.

7. Independent Contractor. It is understood and agreed that CONSUTLANT, including CONSULTANT’s employees, shall act and be independent contractor(s) and not agents(s) or employee(s) of the CITY, and that no relationship of employer-employee exists between the parties. CONSULTANT’s assigned personnel shall not obtain or be entitled to any rights or benefits that accrue to, or are payable to, CITY employees, and CONSUTLANT shall so inform each employee organization and each employee who is hired or retained under this Agreement. CITY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of this Agreement, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSUTLANT’s assigned personnel. CONSULTANT hereby expressly assumes all responsibility and liability for the payment of wages and benefits to its assigned personnel, and all related reporting and withholding obligations. CONSULTANT hereby agrees to indemnify and hold CITY harmless from any and all claims or liabilities that CITY may incur arising from any contention by any third party, including, but not limited to, any employee of CONSULTANT or any federal or state agency or other entity, that an employer-employee relationship exists by reason of this Agreement, including, without limitation, claims that CITY is responsible for retirement or other benefits allegedly accruing to CONSULTANT’s assigned personnel.

8. Compliance with Law. CONSULTANT shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local government. CONSULTANT shall comply with, and shall be responsible for causing all contractors and subcontractors performing any of the work pursuant to this Agreement, if any, to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The CITY makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.

9. Disclosure of Documents. All documents or other information developed or received by CONSULTANT are confidential and shall not be disclosed without authorization by CITY, unless disclosure is required by law.
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10. Ownership of Work Product. All documents or other information developed or received by CONSUTLANT shall be the property of the CITY. CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

11. Conflict of Interest and Reporting. CONSUTLANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

12. Notices. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be sued for delivery of service of process.

(a) Address of CONSULTANT is as follows:

Rebekah Smith
Willdan Financial Services
27368 Via Industria, Suite 200
Temecula, CA 92590

(b) Address of CITY is as follows (with a copy to):

Engineering
Attn Alexa Viramontes
City of Garden Grove
P.O. Box 3070
Garden Grove, CA 92840
City Attorney
City of Garden Grove
P.O. Box 3070
Garden Grove, CA 92840

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13. CONSULTANT’s Proposal. This Agreement shall include CONSULTANT’s proposal, Exhibit “A” hereto, which shall be incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

14. Licenses, Permits, and Fees. At its sole expense, CONSUTLANT shall obtain a Garden Grove Business License, all permits and licenses as may be required by this Agreement.

15. Familiarity with Work. By executing this Agreement, CONSULTANT warrants that: (1) it has investigated the work to be performed; (2) it has investigate the site of work and is aware of all conditions there; and (3) it understand s the facilities, difficulties and restrictions of the work under this Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing form those inherent in the work or as represented by the CITY, it shall immediately inform CITY of this and shall not proceed, except at CONSULTANT’s risk, until written instructions are received from CITY.

16. Time of Essence. Time is of the essence in the performance of this Agreement.

17. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONSULTANT, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONSUTLANT shall not contract with any other entity to perform services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without written approval of the CITY. If CONSULTANT is permitted to subcontract any part of this Agreement, CONSULTANT shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONSULTANT. CITY will deal directly with and will make all payments to CONSULTANT.

18. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreemen,t the parties are formally bound.

19. Indemnification. To the fullest extent permitted by law, CONSULTANT agrees to protect, defend and hold harmless CITY and its elective or appointive boards, officers, agents and employees from an and all claims, liabilities, expenses, or damages of any nature, including attorney’s fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness, and/or intentional wrongful conduct of CONSUTLANT, CONSTULATN’s agents, officers, employees, subcontractor, or independent contractors hired by CONSULTANT in the performance of the Agreement. The only exception to CONSULTANT’s responsibility to protect, defend, and hold harmless CITY, is due to the negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.

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This hold harmless Agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.

20. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may be modified only by subsequent mutual written agreement executed by CITY and CONSUTLANT.

21. Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONSULTANT.

22. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed win the central branch of the Orange County Superior Court.

23. Interpretation. This Agreement shall be interpreted as though prepared by both parties.

24. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.

[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS THEREOF, these parties hereto have caused this Agreement to be executed as of the date set forth opposite the respective signatures.

“CITY”

CITY OF GARDEN GROVE

Dated __________________, 2025 By: ______________________ C i t y M a n a g e r

ATTEST “CONSULTANT”

WILLDAN FINANCIAL SERVICES

____________________________ By: _________________________ City Clerk Title: _________________________

Dated: _________________, 2025 Date d: ____________________, 2025

APPROVED AS TO FORM:

If CONSULTANT is a corporation, a Corporate
Resolution and/or Corporate Seal is required.

If a partnership, Statement of Partnership
must be submitted to CITY.

______________________________
Garden Grove City Attorney

Dated: ___________________, 2025
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41 Item 401/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: John Montanchez
Dept:

City Manager Dept: Community Services
Date: 11/12/2025

Subject: Award a contract to James Event Productions, Inc. for special event services for citywide events. (Cost: Not to Exceed $200,000/year)(Action Item)

OBJECTIVE

For City Council to award a contract to James Event Productions, Inc. to provide comprehensive turnkey special event services for various citywide events, in an amount not to exceed $200,000 annually.

BACKGROUND
The City of Garden Grove issued a Request for Proposals (RFP No. S-1380) seeking qualified event contractors to provide infrastructure, décor, entertainment, and logistical support for major City-sponsored special events such as Winter in the Grove and Foods of Garden Grove Live.

The RFP was publicly advertised and open for submissions from August 15, 2025 through September 15, 2025. The solicitation invited experienced firms to submit proposals demonstrating their capacity to deliver full-service event production and management.

DISCUSSION

Three proposals were received by the deadline. Each submission was evaluated based on experience, service capacity, cost, creativity, and overall responsiveness to the City’s event needs. Following review and scoring by the evaluation panel, James Events Productions, Inc. received the highest overall rating.

Awarding this contract will ensure the City continues to provide high -quality, safe, and engaging community events throughout the year, supported by a single vendor capable of managing all logistical and operational aspects. Although James Events Productions, Inc. will serve as the Community Services primary contracted event vendor, the City is not obligated to use this vendor exclusively. The agreement provides flexibility, allowing other vendors t o be utilized when necessary or appropriate.

42 Item 401/2025

While the Community Services Department will likely be the primary user of these services, this contract will also be available to all City departments should event needs arise. Having this agreement in place w ill streamline the event planning process, reduce administrative time, and ensure access to pre-negotiated rates and proven, reliable services.

FINANCIAL IMPACT

The annual cost of the contract with James Event Productions, Inc. to provide comprehensive turnkey special event services for various citywide events shall not exceed $200,000. This amount is included in Community Services Department’s Fiscal Year 2025-26 adopted operating budget. No additional appropriation is necessary to award this contract.

RECOMMENDATION

It is recommended that the City Council:

 Award a contract to James Events Productions, Inc. to provide turnkey special event services for various citywide events in an amount not to exceed $200,000 annually, for an initial one-year term with the option to extend the agreement for up to four (4) additional one -year terms, based on contractor performance and the evolving needs of the City; and
 Authorize the City Manager, or designee, to execute the contract on behalf of the City, execute option year amendments, and make minor modifications appropriate thereto.

By: Mark Freeman, Community Services Manager

ATTACHMENT(S)

James Events Productions Contract

43 CITY OF GARDEN GROVE

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made this day of , 2025, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and James Event Productions, Inc., herein after referred to as “CONTRACTOR”.

RECITALS

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove COUNCIL AUTHORIZATION, DATED _____________________.

2. CITY desires to utilize the services of CONTRACTOR Provide Event Contractor Services for Various Events in the City of Garden Grove per the Scope of Work, Attachment A and RFP S-1380.

3. CONTRACTOR is qualified by virtue of experience, training, education and expertise to accomplish services.

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term of Agreement: The term of the agreement shall be from full execution of the agreement through June 30, 2026 , with an option to extend said agreement four (4) additional fiscal years. Option years shall be exercised one (1) fiscal year at a time, at the sole option of the CITY, and based on contractor performance and the evolving needs of the City. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONSULTANT for work performed to date in accordance with the Scope of Work which is attached as Attachment “A” and is hereby incorporated by reference.

Consultant is required to present evidence to support performed work.

2. Services to be Provided. The services to be performed by CONTRACTOR shall consist of tasks as set forth in the Scope of Work. The Scope of Work is attached as Attachment “A”, and is incorporated herein by reference. The Scope of Work and this Agreement do not guarantee any specific amount of work.

3. Compensation. CONTRACTOR shall be compensated as follows:

3.1 AMOUNT. Total Compensation for this agreement shall not exceed an amount of Two Hundred Thousand dollars ($ 200,000.00), per fiscal year, in arrears and in accordance with RFP No. S-1380 and the Proposal Pricing, which is attached as Attachment “B,” and is hereby incorporated by reference. CONTRACTOR warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with 44 the standards prevalent in the industry for such services. CONTRACTOR shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. The Proposal and this Agreement do not guarantee any specific amount of work.

3.2 Payment For work under this Agreement, payment shall be made per invoice for work completed. Within 45 day of delivery of goods or completion of performance of services, CONTRACTOR must promptly render an invoice to CITY or payment may be significantly delayed. For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on schedule included in PROPOSAL PRICING FORM, Attachment “B”. For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on schedule in cluded in PROPOSAL PRICING FORM, Attachment “B. All work shall be in accordance with RFP. No. S- 1380.

3.3 Records of Expenses. CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY.

3.4 Termination. CITY shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.

4.Insurance Requirements

4.1 Commencement of Work. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance re quired by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance.

4.2 Workers Compensation Insurance. For the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.

4.3 INSURANCE AMOUNTS . CONTRACTOR shall maintain the following insurance for the duration of this Agreement:

45 (a) Commercial general liability in an amount of $3,000,000.00 per occurrence (claims made and modified occurrence
policies are not acceptable); Insurance companies must
be acceptable to CITY and have a Best’s Guide Rating of A- , Class VII or better, as approved by the CITY.

(b) Automobile liability in an amount of $1,000,000.00
combined single limit (claims made and modified
occurrence policies are not acceptable); Insurance
companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.

An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

For any claims related to this Agreement, CONTRACTOR s insurance coverage shall be primary insurance as respects CITY, it’s officers, officials, employees, agents, and volunteers. Any insurance or self - insurance maintained by the CITY , its officers, officials, employees, agents, and volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.

5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or fo r any amount which may become due to CONTRACTOR.

6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.
46 7. Independent Contractor. It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.

8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

CONTRACTOR shall comply with, and shall be responsible for causing all contractors and subcontractors performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relat ions of the State of California Department of Labor. The City makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.

9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice.

These addresses shall be used for delivery of service of process.

a. (CONTRACTOR)
James Event Productions, Inc.

Attention: Garry James, Owner
1116 N. Olive Street
Anaheim, CA 92801

b. (Address of CITY) (with a copy to):

City of Garden Grove Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840

10. CONTRACTOR'S PROPOSAL. This Agreement shall include CONTRACTOR'S proposal or bid which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

11. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.

12. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this A greement.

Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR’s risk, until written instructions are received from CITY.

47 13. Time of Essence. Time is of the essence in the performance of this Agreement.

14. Limitations Upon Subcontracting and Assignment . The experience, knowledge, capability, and reputation of CON TRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement.

CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CON TRACTOR is permitted to subcontract any part of this Agreement, CON TRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CON TRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.

15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.

16. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, i ncluding attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONTRACTOR, CONTRACTOR’s agents, officers, employees, subcontractors, or independent contractors hired by CONTRACTOR in the performance of the Agreement. The only exception to CONTRACTOR’s responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.

This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.

17. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for eac h fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.

\ \ \ \

(Agreement Signature Block on Next Page)

48 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: _____________ "CITY"

CITY OF GARDEN GROVE

By:___________________________
City Manager
ATTESTED:

____________________________
City Clerk

Date: _______________________
"CONTRACTOR"
James Event Productions, Inc.

By: ___________________________

Name:__________________________

Title:___________________________

Date: __________________________

Tax ID No. ______________________

If CON TRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.

APPROVED AS TO FORM:

____________________________
Garden Grove City Attorney

________________________
Date

49 RFP No. S-1380
ATTACHMENT “A”

SCOPE OF SERVICES

Provide Event Contractor Services for the City of Garden Grove

PROGRAM OVERVIEW
The City of Garden Grove is soliciting qualifications from experienced and qualified Events Contractors to provide comprehensive event infrastructure, decor, entertainment elements, and logistical support for various large -scale city - sponsored special events held throughout the year.

COMMUNITY PROFILE
The City of Garden Grove is located in central Orange County approximately twenty- five miles southeast of downtown Los Angeles. With a population of approximately 176,277, it is the fifth largest city in Orange County and the twenty -eighth largest in the State of California. The City incorporated on June 18, 1956.

The City spans an area of 17.9 square miles and is a general law city in the State of California. It has a Council-Manager form of government. On May 10, 2016, the City of Garden Grove adopted Ordinance No. 2866 changing the City’s at -large system of electing City Council Members to a By -District Election system and established the boundary lines of the six districts. While the Mayor continues to be elected at - large for a two-year term, the six City Council members are elected by districts for four-year staggered terms. The City Council engages the City Manager and City Attorney. The City Manager has the responsibility for hiring the department heads and for administering the City's programs in accordance with the policies adopted by the City Council.

Garden Grove is a full service city. The services provided by the City include police, paramedic, street maintenance, park maintenance, water, sewer, refuse, recreation, traffic/transportation, public improvements, planning, zoning, and general administrative services. Effective August 16, 2019, the City contracted with Orange County Fire Authority to provide fire protection and paramedic services. Therefore, the Fire portion of the City’s Safety non-pooled plan became a closed plan effective August 16, 2019.

The City’s adopted operating budget for Fiscal Year 2025-26 is $260 million, of which $127 million was General Fund. Total authorized full-time positions are 557, among which 252 are Safety Police personnel.

1. Overview
The City of Garden Grove is soliciting qualifications from experienced and qualified Events Contractors to provide comprehensive event infrastructure, decor, entertainment elements, and logistical support for various large-scale city-sponsored special events held throughout the year. These may include, but are not limited to:
50  Winter in the Grove
 Foods of Garden Grove
 Any other current or future city-sponsored events requiring similar services

2. Purpose
The selected contractor will serve as a turnkey vendor, providing essential infrastructure and creative activations to support safe, engaging, and memorable community events. This includes delivery, installation, maintenance, on-site staffing (as needed), and timely teardown and removal. Please see Appendix “B” Sample Photos for Reference, for exa mples of work tha t has been provided to the City.

3. Scope of Services
The contractor will be responsible for furnishing the following services and equipment:

3.1 Event Infrastructure
Contractor must provide, deliver, and install the following infrastructure elements:
a. Tables & Seating
o Folding banquet tables (6’ and 8’)
o Round tables (60” and or 72”)
o Folding chairs (white plastic preferred)
o Picnic bench–style tables (family-style or park-style seating) o 36" cocktail tables, with optional spandex covers or linens o Quantities to be determined per event
b. Pop-Up Canopies
o 10’x10’ canopies
o All canopies must be secured with appropriate weights to ensure safety o Sidewalls for weather protection (as needed)
o Food booth screening must be provided when required by the City or Health Department
o Artificial turf to use as flooring for food booth when required by the City or Health Department
o Large oversized tents, 40’x60’
o Provide all safety equipment as required by Orange County Fire Authority i.e. fire extinguishers, exit signage, etc.
c. Power Supply
o Ability to provide at least two (2) 60kW generators
o Ability to provide at least two (2) 6500W generators
o All necessary power distribution equipment, including:
51  Power cords (varied lengths and gauge)
 Cord covers (ADA-compliant)
 Distribution boxes, splitters, and adapters
o Refueling and generator monitoring services

3.2 Entertainment & Themed Elements
The contractor shall provide activation elements and event enhancements, including but not limited to:
a. Ride Attractions with operators and safety fence equipment if needed. o Trackless train
o Carousel
o Giant slide
o Ferris wheel
b. Carnival Games
o A variety of skill-based and interactive games
o Booths or tents for game setup
o Prizes (optional, to be determined per event)
c. Oversized Lawn Games
o Contractor must be able to provide a selection of large -format games such as:
 Giant checkers
 Giant Connect Four
 Cornhole (bean bag toss)
 Ping pong table
 Other similar games may be requested
d. Lighting
o Temporary event lighting for walkways, booths, stages, and features o Decorative lighting (e.g., string lights, up- lighting) o UV (black) lighting systems for use during nighttime art and glow - themed events, capable of covering designated creative/art zones or walkways
e. Decor & Theming
o Event-specific decor installations as requested by the City o 4-foot light-up marquee letters (e.g., “FOGG LIVE,” “GARDEN GROVE,” “2025,” or other requested words/phrases)
o Placement and power to be coordinated with City staff f. Photo Opportunity Areas
o If the City requests photo ops for an event, the provider must submit a minimum of five different themed photo op options for the City’s selection.
o Photo ops should be freestanding, immersive, and colorful , similar in style and scale to classic holiday scenes or winter village scenes , such 52 as gingerbread houses, oversized props, snowflakes, walk -in snow globes, etc.
o Must include dimensional elements (not just flat backdrops), with vibrant colors and family-friendly appeal.
o Props and sets must be sturdy , safe for interaction, and weather - resistant for outdoor use.
o Inflatable snow globe
o Contractor is responsible for setup, takedown, and ensuring the area is photo-ready before the event opens.
o Customization with event branding or themes (e.g. “Winter in the Grove, Foods of Garden Grove) may be required.
g. Line Management / Crowd Control
The Contractor shall provide equipment and services necessary to ensure effective line management and safe crowd control at City special events. This includes, but is not limited to:
o Bike rack-style crowd control barriers (steel barricades) to manage attendee flow, queues, and event perimeters
o Sufficient inventory to accommodate large crowds and multiple access points, as required by the City
o Delivery, installation, and removal of all barriers according to the City’s event schedule and layout
o On-site adjustments or repositioning of barriers as needed during the event
o Coordination with City staff and/or law enforcement regarding crowd control logistics and access control

3.3 Event Support & Logistics
Contractor responsibilities include:
 Delivery, setup, and breakdown of all rented equipment  On-site technician support for power and attractions (as needed)  Equipment cleaning, maintenance, and safety compliance  Coordination with City staff on layout and event flow  Compliance with all applicable safety codes and permitting requirements  Load-in and load-out must align with City timelines

Important Note: The list of services and equipment outlined in this Scope of Work is not intended to be fully comprehensive. The City reserves the right to request additional items or services not specifically listed, at any time, for any City-sponsored 53 event. Contractors should demonstrate flexibility and the capacity to source o r provide alternative or supplemental event-related elements upon request.

4. Qualifications
Respondents must meet the below qualifications:
 Respondent has at least 5 years of experience supporting events outline in the Scope of Work above with 5,000+ attendees
 Proven ability to supply requested infrastructure and equipment  Respondent has access to necessary inventory and/or rental partnerships  Respondent has the ability to meet minimum insurance coverage requirement as written in section four (4) of the attached Professional Services Agreement.

Note: Do not purchase the insurance coverage listed in Section 4 until a contract has been awarded. The City will not provide refunds for any insurance costs incurred by respondents who are not selected.  Ability to scale services based on event size and need

5. Deliverables
For each event, the selected contractor will provide:

1. Itemized quote and timeline based on City’s event plan

2. A visual layout showing placement of canopies, attractions, power sources, signage, crowd barriers, and decor elements (if requested)

3. A power distribution plan showing generator placement, cord routing, and wattage calculations (if requested)

4. Pre-event walk-through and post-event report (if requested)

5. Contract Term: The City intends to award a contract for an initial one-year term, with the option to extend for up to four (4) additional one-year terms, based on contractor performance and the evolving needs of the City. All pricing submitted in the proposal must remain firm for the initial 12 -month contract period. For any contract extensions, pricing adjustments can take place; however, the contractor must provide written notice of any proposed changes at least 90 days prior to the end of the current contract term.

54 1
“ATTACHMENT B”
RFP NO. S-1380
Provide Event Contractor Services for the City of Garden Grove

PROPOSAL PRICING FORM
ITEM
NO.

QTY UOM DESCRIPTION UNIT
PRICE
1 3.1a 1 per table Folding banquet tables 6 ft. $13.75

2 3.1a 1 per table Folding banquet tables 8 ft. $14.50

3 3.1a 1 per table Round table 60" $16.00

4 3.1a 1 per table Round table 72" $20.00

5 3.1a 1 per table Picnic bench–style tables (family-style or park- style seating)
$85.00

6 3.1a 1 per table 36" cocktail tables $15.00

7 3.1a 1 per cover Spandex covers or linens $24.00

8 3.1a 1 per chair Folding chairs (white plastic preferred) $3.10

9 3.1b 1 per
canopy
10'x10' Canopies $85.00

10 3.1b 1 per
sidewall
10'x10' Canopies sidewalls $25.00

11 3.1b 1 per food
booth
screen
10'x10' Canopies sidewalls food booth screens $30.00

12 3.1b 1 per
linear
foot
Artificial turf for 10x10 Canopies $1.20

13 3.1b 1 per tent Large oversized tents, 40’x60’ $3250.00

14 3.1c 1 per
generator
60kW generators $950.00

15 3.1c 1 per
generator
6500W generators $195.00
55 2

PROPOSAL PRICING CONTINUED
16 3.1c 1 per cord 100' Power cords 50amp $120.00

17 3.1c 1 per cord 50' Power cords 50amp $80.00

18 3.1c 1 per cord Cord covers (ADA-compliant) $30.00

19 3.1d 1 per box Distribution boxes/scatter boxes $85.00

20 3.2a 1 per
attraction
Trackless Train $1350.00

21 3.2a 1 per
attraction
Carousel $2175.00

22 3.2a 1 per
attraction
Giant Slide $3675.00

23 3.2a 1 per
attraction
Ferris Wheel $5250.00

24 3.2b 1 per booth Carnival game booths $125.00

25 3.2b 1 per booth Skill-based and interactive games for game booths
$75.00

26 3.2c 1 per game Giant Checkers $100.00

27 3.2c 1 per game Giant Connect four $75.00

28 3.2c 1 per game Cornhole (bean bag toss) $75.00

29 3.2c 1 per game Ping pong table $250.00

30 3.2d 1 per light
tower
Temporary event lighting for walkway $825.00

31 3.2d 1 per booth Temporary event lighting for 10'x10' canopies (food/game/craft booths)
$35.00

32 3.2d 1 per linear
foot
Decorative lighting (e.g., string lights, up
lighting)
$6.00

33 3.2e 1 per letter 4-foot light-up marquee letters $110.00 56 3

PROPOSAL PRICING CONTINUED
34 3.2f 1 per group
of photo
ops
Five (5) themed photo ops $2000.00

35 3.2f 1 per
attraction
Inflatable snow globe $1325.00

36 3.2g 1 per bike
rack
Bike rack-style crowd control barriers (steel
barricades)
$45.00

NOTE: Pricing must also be entered on the City’s Planet Bid portal under the “Line Items” tab.

PLEASE DO NOT CHANGE THE FORMAT OR ALTER THIS FORM IN ANY WAY

57 4
“ATTACHMENT B”
RFP NO. S-1380
Provide Event Contractor Services for the City of Garden Grove

PROPOSAL PRICING FORM
It is understood and agreed that:
a) No verbal agreement or conversation with any officer, agent or employee of CITY, either before or after the execution of the Agreement shall affect or modify any of the terms or obligations of this Proposal.
b) CITY will not be responsible for any errors or omissions on the part of the undersigned in formulating the proposed prices, nor will Proposer be given relief on account of error. c) The undersigned hereby certifies that this Proposal is genuine and is not sham or collusive, or made in the interest or on behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from proposing, and that the undersigned has not in any manner sought, by collusion, to secure for himself an advantage over any other proposer. d) The undersigned is licensed in accordance with the Laws of the State of California. e) All proposals shall be signed in ink by the president, chief executive officer, or individual authorized to act on behalf of the company, with current Power of Attorney if applicable. The name and mailing address of the individual making the proposal must be provided.

Check below where appropriate:

Partnership: That are partners,
doing business under the firm name of and that the co-
partnership makes the accompanying proposal.

Individual: That is the bidder and
makes the accompanying proposal.

COMPANY NAME: James Event Productions, Inc.

BIDDERS NAME: Jason Thibert
EMAIL ADDRESS: [email protected]
PHONE NUMBER: 714.563.9778
September 14, 2025

AUTHORIZED SIGNATURE DATE

58 Item 412/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Niki Wetzel
Dept:

City Manager Dept: Community Development
Date: 11/12/2025

Subject: Approval of Amendment No. 2 to the agreement with Interwest Consulting Group, Inc. to provide on-call Planning contractual services. (Cost:$250,000) (Action Item)

OBJECTIVE

For the City Council to approve Amendment No. 2 with Interwest Consulting Group, Inc (Interwest) to provide on-call Contractual Planning Services on an “as-needed” basis.

BACKGROUND

In March 2025, the Community Development Department (CDD) entered into agreements with five consulting firms to provide on-call planning services on an “as-needed” basis. These contracts were established following a competitive Request for Proposals (RFP) process, CDD- 003 On-Call Planning Services, and are designed to supplement City staffing resources on an as-needed basis. The fi rms were selected based on their qualifications, experience, and proposed approach to service delivery. The following firms were selected as the top -ranked providers, listed in no particular order:

 The Code Group, Inc (VCA)
 CSG Consultants (CSG)
 Civic Solutions
 Interwest Consulting Group (Interwest)
 Sagecrest Planning and Environmental (Sagecrest)

The on -call nature of these contracts provides flexibility in meeting fluctuating staffing demands and ensures continuity in service delivery during staff absen ces, peak workload periods, or vacancies.

CDD utilizes Interwest for on -call contractual planning services. The intent is to ensure a timely turnaround and to meet high customer service standards. While staff has been working to fill the vacant Associate and Assistant Planner positions, the need for planning plan review remains constant.

59 Item 412/2025

DISCUSSION

There is currently two vacancies in the Planning Services division, which staff is working to fill, resulting in an increase in workload for current staff. Due to the vacant positions, staff utilizes Interwest for on-call contractual Planning services for Accessory Dwelling Unit (ADU) plan check projects to maintain timely turnaround. On average, approximately 62 ADU plan checks are completed by Interwest per month.

Currently, Interwest contract compensation amount is $50,000 to provide on-call contractual planning services. The amendment will increase the contract by $250,000 to a total not -to- exceed compensation amount of $300,000 to be expended as needed for FY 2025-26.

FINANCIAL IMPACT

Amendment No. 2 for Interwest will bring the total contract amount to $300,000. Funds will be utilized only as needed. No additional appropriation is required to increase the contract by $250,000, as sufficient funding is already included in the Community Development Department’s adopted FY 2025-26 operating budget and available salary savings from vacant positions.

RECOMMENDATION

It is recommended that the City Council:

 Approve Amendment No. 2 for on -call contractual Planning services to the agreement with Interwest Consulting Group, Inc. to increase the compensation for the agreement in the amount of $250,000;
 Authorize the City Manager, or designees, to execute Amendment No. 2 with Interwest Consulting Group, Inc., and make minor modifications as appropriate thereto, on behalf of the City; and
 Authorize the City Manager, or designees, to exercise option year amendment terms, for the current year and available option year.

By: Kenneth Le, Administrative Analyst

ATTACHMENT(S)

1. Draft Amendment No. 2

2. Exhibit A

60 1

CITY OF GARDEN GROVE

AMENDMENT NO. 2

This Amendment No. 1 is made and entered into this ________ of ________, 2025, by and between the CITY OF GARDEN GROVE, hereinafter referred to as "CITY", and INTERWEST CONSULTING GROUP, hereinafter referred to as "CONTRACTOR".

WHEREAS, CONTRACTOR and CITY entered into Contract No. B250289, dated March 19, 2025 for Planning Plan Check Contractual Services on an as -needed basis, as needed (the “Existing Contract”).

WHEREAS, CONTRACTOR and CITY desire to amend the Existing Contract as provided herein.

Now, therefore, it is mutually agreed, by and between the parties as follows:

Section 3.1., COMPENSATION - shall be amended as follows:

Contractor shall be compensated in accordance with the Rate and Services Structure set forth in Exhibit “A”. The contract price is hereby increased by Two-Hundred and Fifty Thousand dollars ($250,000.00), for a total not to exceed compensation amount of $300,000 to cover increased services req uested by CITY for the performance period of July 1, 2025 through June 30, 2026.

Except as expressly amended hereby, all of the terms and conditions in the Existing Contract remain in full force and effect as originally executed.

[SIGNATURE PAGE FOLLOWS]
61 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to the Existing Contract to be executed by their respective officers duly authorized on the date first written above.

Date: _____________ "CITY"

CITY OF GARDEN GROVE

By: ____________________________
City Manager
ATTESTED:

____________________________
City Clerk

Date: _______________________
"CONTRACTOR"
Interwest Consulting Group

By: ______________________________

Name: ___________________________

Title: ____________________________

Date: ____________________________

If CONTRACTOR is a corporation, a
Corporate Resolution and/or
Corporate Seal are required. If a
partnership, Statement of
Partnership must be submitted to
CITY.

APPROVED AS TO FORM:

____________________________
Garden Grove City Attorney

________________________
Date

62 63
Item 421/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Matthew West
Dept:

City Manager Dept: City Manager
Date: 11/12/2025

Subject: Approval of overnight travel for Council members to participate in the Mosquito and Vector Control Association of California’s 94th Annual Conference on February 1-4, 2026 in Rancho Mirage, CA. (Action Item)

OBJECTIVE

For the City Council to approve overnight travel for Council members to participate in the Mosquito and Vector Control Association of California’s 94 th Annual Conference on February 1-4, 2026 in Rancho Mirage, CA.

DISCUSSION

The Mosquito and Vector Control Association of California’s (MVCAC) 94th Annual Conference and Exhibitor Showcase will take place on February 1-4, 2026 at Omni Rancho Las Palmas in Rancho Mirage, California. The MVCAC Conference will unite professionals, researchers, and advocates to discuss collaborative solutions to protect human, ani mal, and environmental health in an interconnected world. The conference theme will be One Health, One Fight:

Connecting Vector Control to Global Health and will offer attendees the opportunity to engage with global leaders in vector control, discover new tools and strategies to combat vector - borne diseases, and build lasting professional connections.

FINANCIAL IMPACT

There is no financial impact as the trip is paid for by Orange County Mosquito and Vector Control District.

RECOMMENDATION

It is recommended that the City Council:
 Approve overnight travel for Council members to participate in the Mosquito and Vector Control Association of California’s 94 th Annual Conference on February 1-4, 2026 in Rancho Mirage, CA.

By: Shawn Park, Assistant to the City Manager
64 Item 342/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Anand Rao
Dept:

City Manager Dept: Information Technology
Date: 11/12/2025

Subject: Authorization for the issuance of a purchase order to Saitech Inc. for the purchase of a next generation firewall solution. (Cost: $169,410.75) (Action Item)

OBJECTIVE

To receive City Council authorization for the purchase of a next generation firewall solution in the amount of $169,410.75 from Saitech Inc. pursuant to IFB No. S-1373B.

BACKGROUND

The City currently utilizes several firewalls for network security. As part of its technology modernization initiative, the City seeks to implement a pair of advanced firewalls and supporting services that provide redundancy, high availability, enhanced security features, improved performance, and simplified management. These firewalls will also allow the City to utilize increased Internet bandwidth.

DISCUSSION

IFB No. S -1373B was issued on October 10, 2025 for a next generation firewall solution.

Twelve proposals were received and opened on October 24, 2025. All proposals w ere reviewed and ten proposals were found to be responsive. The lowest responsive bid was from Saitech Inc.

The responsive bids are as follows:

Bidders for IFB No. S-1373B
Vendor Price
Saitech Inc. $169,410.75
Hypertec USA, Inc. $172,794.33
65 Item 342/2025

Bidders for IFB No. S-1373B
Insight Public Sector, Inc. $173,400.48
Concourse Tech Inc. $174,413.08
GigaKom $174,526.00
Transource Services Corp $177,239.16
Tech Advanced
Computers, Inc.
$190,168.95
Howard Industries, Inc. $193,194.38
vPrime Tech Inc. $252,800.27
Integrity IT Solutions $273,850.34
Golden Star Technology,
Inc. –
Non-Responsive
Information Technology,
Data & Security Solutions
LLC – Non-Responsive
Non-Responsive

FINANCIAL IMPACT

Total cost for the purchase of the next generation firewall solution is $169,410.75. This amount is included in the adopted Fiscal Year 2025-26 operating budget, and will be funded by the FY 2024 COPS Office Technology and Equipment Program (TEP), which wa s awarded to the City on September 30, 2024. The TEP funding is to be used for the purchase and installation of IT equipment for cybersecurity enhancement s. There is no local match requirement.

RECOMMENDATION

It is recommended that the City Council:

● Authorize the Finance Director, or designee, to issue a purchase order in the amount of $169,410.75, to Saitech Inc. for the purchase of a next generation firewall solution.

ATTACHMENT(S)

1. Bid Tabulation

2. Saitech Inc. Bid

66 Company Name Five Year Pricing
1 Saitech, Inc. $169,410.75
2 Hypertec USA, Inc. $172,794.33
3 Insight Public Sector, Inc. $173,400.48
4 Concourse Tech Inc. $174,413.08
5 GigaKom $174,526.00
6 Transource Services Corp $177,239.16
7 Tech Advanced Computers, Inc. $190,168.95
8 Howard Industries, Inc. $193,194.38
9 vPrime Tech Inc. $252,800.27
10 Integrity IT Solutions $273,850.34
11 Golden Star Technology, Inc. $0.00
12 Information Technology, Data &
Security Solutions LLC-Non-Responsive $0.00
IFB S-1373A

NEXT GEN FIREWALL SOLUTION

FIVE YEAR PRICING
67 Provide a Next Generation Firewall Solution Bid No. S-1373B 1 City of Garden Grove REQUEST FOR PRICING 11222 Acacia Parkway Garden Grove, CA 92842 IFB NO: No. S-1373-B DATE OUT: October 10, 2025 THE CITY IS ACCEPTING ELECTRONIC BIDS VIA PLANET BIDS PORTAL ONLY FOR THIS PROCUREMENT. BIDS ARE REQUESTED FOR: Provide a Next Generation Firewall Solution per the bid specifications. This is a rebid of IFB S-1373-A due to a change in quantities and the part numbers. Please review pages 10 and 12 carefully for these changes. The items shall be new, unused and ready for use upon delivery to the City of Garden Grove (City). ALL BIDDERS shall submit with their bid, literature and data as evidence of compliance with the specifications. ALL BIDS MUST BE SUBMITTED ELECTRONICALLY VIA PLANET BIDS. PLEASE SUBMIT ONE PDF COPY OF THE BID RESPONSE FILE WHICH INCLUDES ALL REQUIRED FORMS. ALL REQUIRED FORMS MUST BE SIGNED BY THE AUTHORIZED PARTY ONLY. PARTIAL BIDS WILL NOT BE ACCEPTED FOR ANY REASON. City of Garden Grove shall be the sole judge as to the acceptability, quality, function and utility of the items. ALL PRICES ARE TO INCLUDE DELIVERY. Required Documents to be submitted in the Electronic Bid Response include the following: 1.-Page 11 2. Bid Form--Pages 12-13 3.ment-Page 14: MUST BE SIGNED BY A DULY AUTHORIZED OFFICIAL OF THE COMPANY AND RETURNED WITH THE BID DOCUMENTS 4. Co-Operative Purchasing Among Government Agencies-Page 15 5. Proof that bidder is an Authorized Fortinet Reseller Bidders requesting further bid information are required to contact Sandra Segawa in writing, via e-mail: [email protected]. 68 Provide a Next Generation Firewall Solution Bid No. S-1373B 2 Electronic Bid Submittal Information: The City is NOT accepting walk-in/hand deliveries of bids. Bids must be submitted electronically via Planet Bids portal. Instructions on how to submit an electronic bid on the All bids must be received no later than 9:00 a.m., local time, on October, 24, 2025, electronically via the Planet Bids portal. All verbal modifications of these conditions or specifications are void and ineffective for bid authorized and binding. BIDDER'S STATEMENT: All bids must be signed on the bid form by an authorized official of the firm. Unsigned bid documents and unsigned required forms, by the authorized representative of the company, will not be considered and may be deemed as non-responsive by the City. Any deviation from the technical specifications shall be clearly listed in the section titled exceptions. However, exceptions or deviations to the bid specifications may cause your bid to be considered non-responsive. Read carefully all paragraphs 69 Provide a Next Generation Firewall Solution Bid No. S-1373B 3 Bid No. S-1373-B Provide a Next Generation Firewall Solution. INDEX PAGE PART I General Terms and Conditions 4 PART II Special Provisions 8 PART III Technical Specification 9 Bid Specifications 10 PART IV Bid Forms Bid Acknowledgment and Exceptions to Specifications 11 Attachment "A" BID FORM 12 Section 1 - Bidders Statement 14 Section 2 - Cooperative Purchasing 15 Among Government Agencies 70 Provide a Next Generation Firewall Solution Bid No. S-1373B 4 Part I Bid No. S-1373-B GENERAL TERMS AND CONDITIONS 1. There will not be a public bid opening for this procurement. Bid results may be requested via email to Sandra Segawa ([email protected]) if not available on the 2. All verbal modifications of these conditions of specifications are void and ineffective Purchasing Agent are authorized and binding. 3. The City of Garden Grove reserves the right to make award within 120 calendar days from the date bids are opened. Should award in whole or part be delayed beyond the period of 120 days, such award shall be conditioned upon bidder's acceptance. 4. Bidder agrees that to his knowledge no council member, officer of employee of the City of Garden Grove (CITY) has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other that the CITY, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other parties, even if such interest would not be considered a conflict of interest under Article 4 of chapter 1 of Division 4 of Title 1 (commencing with Section 1090) on Title 9, Chapter 7 (commencing with Section 87100) of the Government code of the State of California. 5. DELIVERY TIME: The terms "ASAP" or "As Required" are not sufficient for the purpose of this bid. 6. IF APPLICABLE: ALL ITEMS WILL BE SHIPPED TO GARDEN GROVE CITY HALL LOCATED AT: City of Garden Grove IT Department 11222 Acacia Parkway Garden Grove, CA 92840 7. Bids shall be signed by bidder's authorized representative and the entire submittal is Paper bids will not be accepted for any reason. 8. The City of Garden Grove is exempt from the payment of Federal Excise and Transportation taxes, so such taxes must not be included in bid prices. 9. Award will be made to the lowest responsible bidder(s). The CITY reserves the right to award on an item-by-item basis, aggregate of items or the total bid, whichever is in the best interest of the CITY. Bidder must certify that the pricing shall remain 71 Provide a Next Generation Firewall Solution Bid No. S-1373B 5 firm should any of the above award scenarios materialize. In case of error in the l govern. 10. A bidder, if requested, must be prepared to present evidence of experience, ability, service facilities and financial standing necessary to meet satisfactorily the requirements set forth or implied in the bid. 11. Successful bidder and/or bidders will be required to sign a written contract or purchase order in accordance with and including as a part thereof the published notice of Invitation to Bid the requirement and conditions and specifications, with no exceptions other than those specifically listed in the written contract or purchase order. 12. Bonds must be posted with the CITY's Purchasing Agent as follows: NONE 13. Bidder must state cash discount offered. 14. This quotation is subject to a state and local sales tax. Therefore the state and local sales tax shall be included in the bid as a separate item. 15. The successful bidder will invoice the CITY for each delivery. Invoices shall have unique invoice numbers and shall show delivery dates, location(s), quantities and packing slip numbers. Invoices shall also prominently display the CITY's assigned Purchase Order or Contract number. To ensure prompt payment, all invoices should include the purchase order number, s Payable Department using one of the following two methods: 1. Email an electronic version of your invoice to: [email protected] or 2. Mail your invoice to: City of Garden Grove Accounts Payable Department Subject: Invoice Submission P.O. BOX 3070 Garden Grove, CA 92842 16. No form provisions of any bidder will be considered as part of the bid, unless a statement is typed or written on the bid that such form provisions are intended to be part of the bid. The CITY's bid specifications take precedence over the contractor's terms and conditions of sale. 17. The CITY reserves the right to remove from mailing lists for future bids for an indeterminate period, the name of any bidder for failure to accept contract, or the name of any Contractor for unsatisfactory performance. 18. Responsibility Criteria: Bidders must be able to demonstrate that they are responsible or qualified to perform pursuant to the specifications. The standard for evaluating responsibility will be based on the following criteria:
72 Provide a Next Generation Firewall Solution Bid No. S-1373B 6 A. Have adequate financial resources to perform the contract. B. Be able to comply with the required or proposed delivery or performance schedule. C. Have a satisfactory performance record. D. Have a satisfactory record of integrity and business ethics. E. Have the necessary organization, manufacturing and/or distribution facilities, experience, accounting/operational controls and technical skills necessary to perform the contract. At its election, the CITY may require a satisfactory demonstration of these factors as a condition for contract award and/or continue contract performance. 19. Bidders shall include all costs in the unit price bid. 20. In connection with discount offered for prompt payment time will be computed from delivery and acceptance at destination, or from the date correct invoice is received from the vendor or contractor if the latter date is later than delivery date. Terms of less than 10 days for cash discount will not normally be considered in making award. 21. Comments and questions concerning the bid specifications must be submitted via ths portal using the Q&A function by the specified deadline. 22. er -responsive. In the bidder must submit a request for substitution of proposed equal to the City within ten (10) working days of the bid closing date. This request shall include the item listed in the specifications. Failure to submit said request within the required timeframe shall be cause for its immediate rejection by the City. The five (5) business days before the bid closing date. The bidder shall be notified in The City reserves the right to reject any and all bids that do not meet the bid requirements and/or those bids submitted with een previously approved by the City. All requests for substitution or proposed equals shall be submitted in writing (email is acceptable) to: City of Garden Grove Attention Purchasing: Sandra Segawa 11222 Acacia Parkway Garden Grove, CA 92840 [email protected] 73 Provide a Next Generation Firewall Solution Bid No. S-1373B 7

23. EVALUATION SUPPORT DATA AND SAMPLES: If applicable, each bidder may be required to furnish proof of compliance in order to confirm that the product offered meets or exceeds the technical specification requirements. Additional technical data and/or sample(s) are to be furnished at no charge within five business days from date of request. 74 Provide a Next Generation Firewall Solution Bid No. S-1373B 8 PART II Bid No. S-1373-B SPECIAL PROVISIONS 1. PAYMENTS The Contract shall be paid, upon the submission of proper invoices or vouchers, the prices stipulated herein for supplies delivered and accepted or services rendered and accepted, less deductions, if any, as herein provided. 2. AUDIT AND INSPECTION OF RECORDS Contractor shall permit the authorized representatives of the City of Garden Grove to inspect and audit all records of the Contractor relating to his performance and his subcontractors' under the contract from date of contract through and until expiration of three years after completion of contract. 3. TERMINATION The CITY may terminate this contract for default or convenience at any time by giving the Contractor written notice thereof. Upon termination for convenience, the CITY shall pay the contractor his allowable cost incurred to date of termination, and those costs deemed reasonably necessary by the CITY to effect such termination. In addition, the CITY shall pay the contractor a percentage of profit, which relates to contract work accomplished to date of termination. If the contractor breaches the terms or violates the conditions of the contract, and does not within ten days after notice of such breach, cure such breach or violation, the CITY may terminate the contract for default. The termination notice shall be effective immediately upon delivery and shall explain the nature of the termination. Contractor shall be liable, in the form of liquidated damages for any and all costs incurred by the CITY as a result of such default. 4. OWNERSHIP OF REPORTS AND DOCUMENTS Originals of all documents pertaining to the work performed under this agreement shall become the property of the CITY. Copies may be made for the consultant's records but shall not be furnished to others without written authorization from the CITY. 75 Provide a Next Generation Firewall Solution Bid No. S-1373B 9 PART III Bid No. S-1373-b Technical Specification 1.0 Scope The items covered by this specification shall be provided as called out in the bid specifications, The vendor shall furnish, deliver, and warrant the items according to these specifications and shall include all items and/or accessories not mentioned, but required for operation of the items. 2.0 General Requirements` 2.1 When applicable, titems shall be subjected to a pre-delivery and post-delivery inspection by the CITY to determine that the equipment, in its final configuration, meets this technical specification and is complete and not damaged upon delivery to the CITY. The successful bidder shall notify designated CITY personnel fifteen (5) working days prior to equipment delivery so that CITY staff may complete pre-delivery inspections and complete necessary scheduling arrangements prior to the delivery to the CITY. 2.2 All items classified as standard and/or required to use the items shall be provided at no additional cost to the CITY. Items inadvertently omitted from this specification that are classified and or otherwise designated by the equipment manufacturer as required to operate the specified equipment shall be brought to the attention of the designated CITY buyer and/or contract administrator prior to electronic submittal of the bid. 2.3 The items shall be new, complete, and ready to operate upon delivery. No rebuilt or remanufactured components shall be acceptable. All components shall be Original Equipment Manufacturer (OEM), no aftermarket components shall be acceptable unless referenced in this specification and/or approved by the designated CITY representative prior to submittal of each respective bid. 2.4 The items shall be in compliance with all applicable federal, state, and local laws pertaining to this equipment. Each bidder may be required to furnish proof of compliance during the technical evaluation period and prior to award of the bid. 2.5 Delivery of the items shall be at the City of Garden Grove, IT Department, located at 11222 Acacia Parkway, Garden Grove, CA 92840. Acceptance shall be after the post-delivery inspection demonstrates that the equipment is operational and did not sustain damage during delivery. 76 Provide a Next Generation Firewall Solution Bid No. S-1373B 10 BID SPECIFICATIONS IFB No. S-1373-B Provide a Next Generation Firewall Solution SPECIFICATIONS: The specifications describe the requirement for a Next Generation Information Technology Department. Provide pricing for both the 3-year and 5-year SKUs in the ATTACHMENT "A" BID FORM below. Bid Option Selection Process/Lowest Bidder Determination: The City reserves the right to select the 3 or 5 year option as its sole discretion. The lowest bidder will be determined by the option that is selected by the City. Fortinet Fortigate 701G + EP Bundle: SKU: FG-701G-BDL-809-36 (3 year EP) SKU: FG-701G-BDL-809-60 (5 year EP) Fortinet Transceivers: FN-TRAN-SFP+LR: 10gb lc FN-TRAN-SFP28-LR: 25gb lc REQUIREMENT: All bidders must be authorized Fortinet resellers to submit a bid. PRICING-LINE ITEMS (ATTACHMENT A): Bidder shall offer a price for each line item requested. Should the bidder offer an item with the unit price blank, the City reserves the right to deem the bid as non-responsive. REQUEST FOR CLARIFICATION: All requests for clarification or questions, are to be the deadline of 9:00 a.m. local time on October 17, 2025. ALTERNATES/SUBSTITUTIONS: The City is not accepting substitutions for this bid. Substitutions will not be accepted and those bids that include alternate models or brands will be deemed as non-responsive. DELIVERY REQUIREMENTS: Vendor is required to deliver to the SECOND FLOOR Garden Grove City Hall to the Information Technology Department. BID SUBMITTAL INSTRUCTIONS: Bidder shall offer a price for each line item requested for both the 3 Year and 5 Year Options. Should the bidder offer an item with the unit price blank, the City reserves the right to deem the bid as non-responsive. Please include a copy of all required forms including, , in one . A zip drive with multiple files will not be accepted. 77 Provide a Next Generation Firewall Solution Bid No. S-1373B 11 Bidders Acknowledgment and Listing of Exceptions to the Specification I have read and agree to comply with each of the above did specifications. If there are any exceptions to these specifications, I have clearly listed them in full below and understand that the City reserves the right to reject bids that do not meet the specifications as stated in this IFB. Company Name: ___________________________________________________ Address: __________________________________________________________ _________________________________________________________________ Phone Number: __________________ Email Address: _____________________ Exceptions: _______________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ ________________________________________________________________ Saitech Inc42640 Christy StreetFremont, CA- 945385104400256 [email protected] Exceptions 78 Next Gen Firewall Solution Bid No. S-1373B 12
PART IV IFB No. S-1373-B Next Generation Firewall Solution ATTACHMENT B" BID FORM-MUST BE INCLUDED IN THE BID SUBMITTAL I. PRICINGNext Generation Firewall Solution - 3 Year Option ITEM QTY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1 2 EA Fortigate 701G + EP Bundle - 3 years SKU: FG 701G-BDL-809-36 $ $ 2 4 EA Fortinet Transceiver - 10gb lc $ $ 3 4 EA Fortinet Transceiver - 25gb lc $ $ Sales Tax 8.75% Sub Total $ *Terms/Cash Discount $ TOTAL BID AMOUNT $ Next Generation Firewall Solution - 5 Year Option ITEM QTY UNIT DESCRIPTION UNIT PRICE EXTENDED PRICE 1 2 EA Fortigate 701G + EP Bundle - 5 years SKU: FG-701G-BDL-809-60 $ $ 2 4 EA Fortinet Transceiver - 10gb lc $ $ 3 4 EA Fortinet Transceiver - 25gb lc $ $ Sales Tax 8.75% $ Sub Total $ *Terms/Cash Discount $ TOTAL BID AMOUNT $ (Price to include all applicable taxes) *Note: Terms of less than Net 20 days will NOT be accepted by the CityBidder shall offer a price for each line item requested for both the 3 Year and 5 Year Options. 52,295.0095.00 185.00 104,590.00 380.00 740.00 $ 9,249.63 114,959.63 0.00114,959.63 77,330.00 154,660.00 95.00 380.00 185.00 740.00 13,630.75 169,410.75 169,410.75 Net 30 Payment Terms.Net 300.00
79 Next Gen Firewall Solution Bid No. S-1373B 13
IFB NO. S-1373-B " BID FORM CONTINUED Company Name________________________________ II. PART NUMBER OFFEREDBidders are to state Manufacturer's Part Number offered: FORTINET FORTIGATE MFG. Part #__________________________________ FORTINET TRANSCEIVER MFG. Part #_______________________________ FORTINET FORTICONVERTER MFG. Part #____________________________ III. DELIVERY PERIODBidders are to state delivery period after notice to proceed: Item No. 1 Calendar days ______________ after receipt of order.Saitech Inc.Ernesto JuarezFG-701G-BDL-809-36 FN-TRAN-SFP+LR FN-TRAN-SFP28-LR FG-701G-BDL-809-60 NOT APPLICABLE. The request is for Fortigate and Transceivers only days ARO 80 Next Gen Firewall Solution Bid No. S-1373B14
Section 1 IFB NO. S-1373-B BIDDER'S STATEMENT: OUR OFFER IS AFFIRMED HERETO. It is understood that your specifications and conditions set forth on bid sheets form part of our offer. We certify the prices offered are valid for the total contract or any portion thereof. We specifically agree to keep this offer open for 120 days. The Bidder acknowledges receipt of amendments to the Solicitation and related documents numbered and dated: Addendum No. Date _________________________ _____________________________________________________ _____________________________________________________ ____________________________FIRM NAME: _____________________________________ ADDRESS: ________________________ ________________________BY: ____________________________________ Type or Print Name SIGNED BY: _____________________________TITLE: _________________________________TELEPHONE: ( ) ______-_________E-Mail: ______________@________________READ CAREFULLY ALL PARAGRAPHS - SIGN AND RETURN COPY WITH YOUR BID No Addendum IssuedSaitech Inc.42640 Christy Street, Fremont, CA [email protected] Contract Compliance Manager5104400256esaitech.comernesto 81 Next Gen Firewall Solution Bid No. S-1373B 15
Bid No. S-1373-B Section 2 COOPERATIVE PURCHASING AMONG GOVERNMENT AGENCIES The successful contractor based on this bid, is hereby requested to extend the same prices, terms and conditions of this bid to other government agencies, contingent upon mutual agreement of these other government agencies and the successful contractor. Should such agreements materialize, contracts would be issued and administered by each individual government agency, directly with the successful contractor. Bidder is requested to indicate if a contract based on this bid, will be extended to other government agencies under the terms described above: PLEASE CHECK ONLY ONE: YES _____ NO ______. 82 Item 419/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Patricia Song
Dept:

City Manager Dept: Finance
Date: 11/12/2025

Subject: Review of the Automatic Pass-Through Adjustments for purchased water costs. (Action Item)

OBJECTIVE

To request that the City Council review the automatic pass -through adjustment calculation for increased wholesale water delivery charges, effective January 1, 2026.

BACKGROUND

The City’s Water Utility fund pays for wholesale water purchases from the Metropolitan Water District of Southern California (MET), the Municipal Water District of Orange County (MWDOC), and Orange County Water District (OCWD). The City also p ays a replenishment assessment to OCWD for its groundwater supply.

Ordinance No. 2948 adopted by the City Council on December 12, 2023 provides for automatic pass -through adjustment to changes in costs of wholesale water purchases.

Section 1.D of the ordinance states that “The Commodity Delivery Charge shall be automatically adjusted to reflect adopted increases or decreases in wholesale charges for water established by other public agencies from which the City of Garden Grove purchases water to the extent such increases or decreases are not reflected in the schedule of charges then in effect. The amount of any such automatic adjustments shall be calculated by the Finance Director, or his designee, and shall be presented to the City Council for review.”

Passing through wholesale water purchase cost increases to ratepayers enables the City to recover water delivery expenses and comply with covenant requirements associated with its outstanding water bonds.

The analysis below provides for the basis of the pass-through rate adjustment. Notice of the rate adjustment will be provided to all City water customers at least thirty (30) days prior to the effective date of rate change.

DISCUSSION

MET, MWDOC and OCWD have adopted their rate and fee adjustments for Fiscal Year 2025-

26. As a result, and in accordance with Ordinance 2948, the City will pass the increases to its water customers.
83 Item 419/2025

Below is an illustration of the calculated changes to the Commodity Delivery Charge. Base year data was derived from the 2023 rate study performed by FG Solutions.

Water Commodity Delivery Charge Pass-Through Adjustment Calculation - Calendar Year (CY) 2026 For Rates Effective January 1, 2026
Base Year Estimated
FY 23/24 (1) CY 2026 (2)
Total Acre-Feet (AF) of Imported Water 2,966 3,148 (B) = (A)*15% Total Acre-Feet (AF) of Ground Water 16,807 17,836 (C) = (A)*85% Total Wholesale Water Supply (AF) 19,773 20,984 (A)
OCWD Replenishment Assessment ($/AF) 624.00$ 711.00$ (D) MWD Tier 1 Water Rate ($/AF) 1,209.00$ 1,528.00$ (E) Ground Water Cost (Including Replenishment Assessment) 10,487,623$ 12,681,680$ (F) = (C) * (D) MWD Tier 1 Water Rate Charge 3,585,842 4,809,533 (G) = (B) * (E) MWD Readiness to Serve Charge 541,486 456,516 (3) MWD Capacity Charge 207,834 237,151 (4) MWD Connection Charge 492,275 519,979 (5) MWDOC Choice Programs 28,734 74,857 (6) Total Wholesale Water Charges 15,343,794$ 18,779,716$ (H) Cost per AF $776.00 $894.95 (I) = (H) / (A)
Cost per CCF (1 AF = 435.60 CCF) $1.71 $1.97 (I) / 435.60 (a) (b)
Increase from Base Year (pass-through), $/CCF $0.26 (J) = (b) - (a) Bi-Monthly Commodity Delivery Charge Before Pass-Through Adjustment for Calendar Year 2026:

Tier 1, $/CCF $3.83 (K)
Tier 2, $/CCF $5.84 (L)
Bi-Monthly Commodity Delivery Charge with Pass-Through Adjustment Effective 1/1/26:

Tier 1, $/CCF $4.09 (K) + (J)
Tier 2, $/CCF $6.10 (L) + (J)
Notes:
(1) Base Year (FY23/24) amounts are from the 2023 Rate Study, not FY23/24 actuals. (2) CY 2026 water supply is estimated based on historical consumption data. (3) Source: Metropolitan Water District of Orange County Ordinance 2157 Exhibit A, adopted 4/16/2025. (4) Source: Metropolitan Water District of Orange County Ordinance 2157 Exhibit B, adopted 4/16/2025. (5) Source: Metropolitan Water District of Orange County Ordinance 2157 Section 4, adopted 4/16/2025. (6) Source: Metropolitan Water District of Orange County Ordinance 2157 Exhibit C, adopted 4/16/2025.

Line and Number References:
(A) Total wholesale water supply estimate by City based on historical consumption. (B) City estimates 15% of total water supply will be imported. (C) City estimates 85% of total water supply will be from groundwater production. (D) OCWD Board approved Replenishment Assessment per adopted OCWD FY25/26 budget. (E) Rate per Metropolitan Water District of Orange County Ordinance 2157 Section 1(A) adopted 4/16/2025. (K) Bi-Monthly Commodity Delivery Charge per Ordinance No. 2948, Section 1.B for CY 2026. (L) Bi-Monthly Commodity Delivery Charge per Ordinance No. 2948, Section 1.B for CY 2026. 84 Item 419/2025

Based on the above calculation, the Commodity Delive ry Charge will increase by $0.26 per billing unit, or 100 cubic feet, for Calendar Year (CY) 2026 from the base rate established for that year by Ordinance No. 2948 in 2023. The adjustment reflects the actual cost increase of wholesale water the City has to incur to continue to provide water to its residents. The City is authorized to automatically adjust the Commodity Delivery Charge component based upon actual increases incurred by the City for acquiring groundwater and imported water.

The table below presents the current year commodity delivery charge, alongside with the pre- established rates for calendar year 2026, and the adjusted 2026 rates:

With t he CY2026 pass -through adjustment, it is estimated that the average residential customer’s water bill will increase by approximately $3.96 per month (assuming a 5/8 x 3/4- inch meter and 22 CCF of water use), or $7.92 on each bi -monthly bill. The new rate will take effect on January 1, 2026.

Notice of Change in Water Commodity Delivery Charges will be sent to all City water customers on or before November 28, 2025.

FINANCIAL IMPACT

The proposed pass -through water Commodity Delivery Charge increase will a llow for the Water Utility to continue meeting its financial obligations and carry out its capital improvement and replacement programs. There will be no impact to the General Fund.

RECOMMENDATION

It is recommended that the City Council:
 Review the Water Commodity Delivery Charge Adjustment Calculation for Calendar Year 202 6 regarding the automatic pass -through adjustments for purchased water costs.

ATTACHMENT(S)

 Notice of Change in Water Commodity Delivery Charges.  Calculation of Calendar Year (CY ) 2026 Water Commodity Rate Adjustment performed by FG Solutions.

Bimonthly Commodity Delivery Charge
($ per CCF)
2026 Rate Adjusted Rate
Current (2025) Before Effective
Rate Adjustment1 Jan. 1, 2026
Tier 1 $3.73 $3.83 $4.09
Tier 2 $5.87 $5.84 $6.10
1 Established by Ordinance No. 2948 in 2023.
85 November 21, 2025

Subject: Notice of Change in Water Commodity Delivery Charges

Dear Water Customer:

The City of Garden Grove is committed to providing over 34,7 00 customers with a reliable, high quality and cost efficient water service that protects public health, provides fire protection and creates opportunities for economic growth within the community. We value customer service first and foremost by keeping our customers well-informed.

To fully serve our customers, the City must purchase water from wholesale providers including Metropolitan Water District of Southern California (MET) and Municipal Water District of Orange County (MWDOC). We are also required to pay a replenishment assessment fee to Orange County Water District (OCWD). These public agencies have adopted their rate and fee adjustments for FY 2025-26.

The City needs to pass through wholesale water rate and assessment fee increases to generate sufficient funds required to maintain and operate the City’s water system, repay bonded indebtedness, and comply with regulations imposed by State and Federal agencies. Therefore, pursuant to Government Code section 53756, the Garden Grove City Council adopted Ordinance No. 2 948 to allow automatic adjustment to the water commodity delivery charges to offset changes in wholesale water rates and replenishment assessment.

The City’s water rates for metered service include three components: (1) a minimum service charge based on m eter size; (2) a capital recovery charge based on meter size; and (3) a commodity delivery charge based on water usage. This adjustment applies only to the commodity delivery charge.

Based on the calculations, the commodity delivery charge will increase by $0.26 per billing unit from the scheduled 2026 rates. Comparing to the current commodity delivery charge, Tier 1 customers will see an increase of $0.36 per billing unit, and increase to Tier 2 customers is $0.23. Beginning January 1, 2026, Tier 1 customer’s commodity delivery charge will be $4.09 per billing unit, and for Tier 2 , it will be $6.10. With this adjustment, the average residential customer’s water bill will increase by approximately $3.96 per month (assuming a 5/8 x 3/4- inch meter and 22 HCF of water usage), or $ 7.92 on each bi-monthly bill. Actual change will be based on usage. The new rates will take effect on January 1, 2026.

The City deeply appreciates your understanding and support. If you have any questions regarding this notice, please call the Water Billing Division at (714) 741 - 5078, option #5, or email [email protected].
86 Water Commodity Delivery Charge Pass-Through Adjustment Calculation Calendar Year 2026
Table 1: Projected Imported Water and Replenishment Assessment Costs 2023 Estimated
Water Rate Calendar
Description Study (1) Year 2026 Notes
1 Water Supply
2 Supply Allocation, AF 19,773 20,984 2
3 Percent Groundwater 85% 85% 2
4 Percent Imported 15% 15% 2
5 Groundwater Production, AF 16,807 17,836
6 Imported Water, AF 2,966 3,148
7 8 Wholesale Water Supply Unit Costs
9 MWD Imported Water Charge, $/AF $1,209.00 $1,528.00 3 10 Replenishment Assessment, $/AF $624.00 $711.00 4
11 12 Imported Water Costs
13 Calculated MWD Imported Water Charge, $ $3,585,842 $4,809,533 14 MWD Readiness to Serve Charge 541,486 456,516 5
15 MWD Capacity Charge 207,834 237,151 6
16 MWDOC Connection Charge 492,275 519,979 7
17 MWDOC Choice Programs 28,734 74,857 8
19 Subtotal, Imported Water Costs $4,856,171 $6,098,036 20 21 Replenishment Assessment/Basin Equity Assessment Costs $10,487,623 $12,681,680 Table 1 Notes:
(1) Source of 2023 Water Rate Study data: 2023 Water Rate Study, Table 2-3. (2) CY 2026 estimated water demands and groundwater production projections are from the City's FY 25/26 projections, (3) Source: Metropolitan Water District of Orange County Ordinance 2157 Section 1(A), adopted 4/16/2025. (4) Source: OCWD Budget for FY 25/26 transmittal letter to the OCWD Board dated 4/16/25, page 2.

The Replenishment Assessment value effective 7/1/26 is not known, so the FY 25/26 value is used for the entirety of Calendar Year 2026 in this Commodity Delivery Charge Adjustment calculation. (5) Source: Metropolitan Water District of Orange County Ordinance 2157 Exhibit A, adopted 4/16/2025.

The Readiness to Serve Charge in this calculation is the monthly charge effective between January through June 2026.

The Readiness to Serve Charge for July through December 2026 is not yet known, so the charge effective between January and June 2026 is used for the entire Calendar Year 2026 period. (6) Source: Metropolitan Water District of Orange County Ordinance 2157 Exhibit B, adopted 4/16/2025. (7) Source: Metropolitan Water District of Orange County (MWDOC) Ordinance 2157 Section 4, adopted 4/16/2025.

MWDOC Ordinance 2147 specifies a Connection Charge of $15.25 for Calendar Year 2026, which is multiplied by the number of connections to produce the MWD Connection Charge in the table above. The 2023 Water Rate Study and this Commodity Delivery Charge Adjustment calculation are based on 34,097 connections served by the City's water system. Rate Study calculations are based on a Connection Charge of $14.4375 per customer. (8) Source: Metropolitan Water District of Orange County Ordinance 2157 Exhibit C, adopted 4/16/2025.

Line
No
10202025 Revised Draft Commodity Delivery Charge Adjustment Staff Report Appendix
Copyright 2025 All Rights Reserved

October 20, 2025
87 Water Commodity Delivery Charge Pass-Through Adjustment Calculation Calendar Year 2026
Table 2: Calculation of 2026 Commodity Delivery Charge Pass-Through Adjustment (Effective 1/1/26) 2023 Estimated
Water Rate Calendar
DESCRIPTION Study Year 2026
1 Total AF/Year Groundwater 16,807 17,836
2 Total AF/Year Imported 2,966 3,148
3 4 Groundwater: Replenishment Assessment and Basin Equity Assessment Costs$10,487,623 $12,681,680 5 Imported Water Costs 4,856,171 6,098,036
6 Total Wholesale Water Charges $15,343,794 $18,779,716 7 8 Wholesale Water Charges per hundred cubic feet (CCF) 9 Wholesale Water Charges $15,343,794 $18,779,716
10 Water Supply, Acre-Feet 19,773 20,984
11 Wholesale Water Charges, $/acre-foot $776.00 $894.95 12 Wholesale Water Charges, $/CCF $1.7108 $1.9730
13 14 Change in Wholesale Water Charges from 2023 Water Rate Study, $/CCF CY 2026 15 $/CCF $0.2622
16 $/CCF, rounded down to nearest $0.01 $0.26
17 18 Water Commodity Delivery Charge Pass-Through Adjustment, $/CCF:
19 Included in 2023 Water Rate Study $0.00
20 CY 2025 Adjustment Adopted on 11/26/24 and Effective on 1/1/25 $0.20 21 Proposed Additional CY 2026 Adjustment $0.06
22 Total Water Commodity Delivery Charge Pass-Through Adjustment $0.26 23 24
25 Water Commodity Delivery Charge, $CCF, Effective 1/1/26 CY 2026 26 Tier 1
27 Unadjusted (Ordinance 2948) $3.83
28 Pass-Through Adjustment $0.26
29 Adjusted $4.09
30 Tier 2
31 Unadjusted (Ordinance 2948) $5.84
32 Pass-Through Adjustment $0.26
33 Adjusted $6.10
Line
No
10202025 Revised Draft Commodity Delivery Charge Adjustment Staff Report Appendix
Copyright 2025 All Rights Reserved

October 20, 2025
88 Item 438/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Patricia Song
Dept:

City Manager Dept: Finance
Date: 11/12/2025

Subject: Receive and file warrants. (Action Item)

OBJECTIVE

For the City Council to receive and file warrants.

BACKGROUND/DISCUSSION

Attached are the warrants recommended to be received and filed.

FINANCIAL IMPACT

Items listed in the warrants are budgeted.

RECOMMENDATION

It is recommended that the City Council:
 Receive and file the warrants.

ATTACHMENT(S)

1. 08272025

2. 09012025

3. 09032025

4. 09102025

5. 09172025

6. 10242025

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Item 423/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Omar Sandoval
Dept:

City Manager Dept: City Attorney
Date: 11/12/2025

Subject: Public Hearing, Second Reading and Adoption of Ordinance No. 2971 adopting the 2025 California Building Standards Codes, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AMENDING TITLE 18 OF THE GARDEN GROVE MUNICIPAL CODE AND ADOPTING BY REFERENCE THE FOLLOWING PRIMARY CODES: CALIFORNIA BUILDING CODE, 2025 EDITION; CALIFORNIA RESIDENTIAL CODE, 2025 EDITION; CALIFORNIA ELECTRICAL CODE, 2025 EDITION; CALIFORNIA MECHANICAL CODE, 2025 EDITION; CALIFORNIA PLUMBING CODE, 2025 EDITION; CALIFORNIA ENERGY CODE, 2025 EDITION; CALIFORNIA FIRE CODE, 2025 EDITION WITH CERTAIN AMENDMENTS, DELETIONS, AND ADDITIONS THERETO; CALIFORNIA EXISTING BUILDING CODE, 2025 EDITION; CALIFORNIA GREEN BUILDING STANDARDS CODE, 2025 EDITION; CALIFORNIA REFERENCED STANDARDS CODE, 2025 EDITION; AND CERTAIN

SECONDARY CODES INCLUDING THE INTERNATIONAL PROPERTY
MAINTENANCE CODE, 2024 EDITION, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; AND THE INTERNATIONAL SWIMMING POOL AND SPA CODE, 2024 EDITION, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL. (Action Item)

OBJECTIVE

For the City Council to conduct a public hearing for the second reading and adoption of Ordinance No. 2971 adopting the 2025 Edition of the California Building Standards Codes.

BACKGROUND

The State’s Health and Safety Code establishes that the Uniform California Building, Fire and related construction Codes (Title 24, California Code of Regulations) as published by the California Building Standards Commission every 3 years, is the applicabl e codes for occupancies throughout the State. The Building Standards Commission published the 2025 California Building, Fire and related construction Codes earlier this year, and it becomes effective January 1, 2026.

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Item 423/2025

The California Codes serve as the ba seline construction standards for all local governments in the State. Cities and counties must adopt the updated codes by reference to remain consistent with State law (Health and Safety Code §17958 et seq.). Local jurisdictions may adopt amendments only w hen reasonably necessary to address unique local climatic, geologic, or topographic conditions, or to uphold community quality -of-life values, such as preventing blight caused by abandoned construction projects. The purpose of the attached ordinance is to adopt the 2025 California Codes and continue existing local amendments consistent with State law.

DISCUSSION

Ordinance No. 2971 adopts and amends the 2025 Editions of the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Existing Building, Green Building, and Referenced Standards Codes, adopted by the State of California; and adopts the 2024 Edition of the International Property Maintenance Code, and the 2024 Edition of the International Swimming Pool and Spa Code.

The proposed modifications are intended to increase safety to life and property from fire and other hazards, and continue existing local amendments consistent with State law. Assembly Bill 306 (2025) amended Health and Safety Code §§17958 et seq., prohibiting l ocal jurisdictions from modifying residential construction standards except where necessary for wildfire home-hardening requirements. The local amendments proposed for adoption are continuations of existing provisions, updated only as necessary to reflect the renumbering and organizational changes in the 2025 California Codes.

FINANCIAL IMPACT

There is no financial impact in the adoption of this ordinance.

RECOMMENDATION

It is recommended that the City Council:
 Conduct the public hearing.
 After considering public testimony, conduct the second reading and adopt Ordinance No. 2971 adopting the 2025 Building and Construction Codes.

ATTACHMENT(S)

1. Ordinance No. 2971

174
1730549.1
ORDINANCE NO. 2971

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AMENDING TITLE 18 OF THE GARDEN GROVE MUNICIPAL CODE AND ADOPTING BY REFERENCE THE FOLLOWING PRIMARY CODES: CALIFORNIA BUILDING CODE, 2025 EDITION; CALIFORNIA RESIDENTIAL CODE, 2025 EDITION; CALIFORNIA ELECTRICAL CODE, 2025 EDITION; CALIFORNIA MECHANICAL CODE, 2025 EDITION; CALIFORNIA PLUMBING CODE, 2025 EDITION; CALIFORNIA ENERGY CODE, 2025 EDITION; CALIFORNIA FIRE CODE, 2025 EDITION WITH CERTAIN AMENDMENTS, DELETIONS, AND ADDITIONS THERETO; CALIFORNIA EXISTING BUILDING CODE, 2025 EDITION; CALIFORNIA GREEN BUILDING STANDARDS CODE, 2025 EDITION; CALIFORNIA REFERENCED STANDARDS CODE, 2025 EDITION; AND CERTAIN SECONDARY CODES INCLUDING THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2024 EDITION, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; AND THE INTERNATIONAL SWIMMING POOL AND SPA CODE, 2024 EDITION, AS PUBLISHED BY THE

INTERNATIONAL CODE COUNCIL

City Attorney Summary

This Ordinance adopts and amends the 2025 Editions of the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Existing Building, Green Building, and Referenced Standards Codes, adopted by the State of California. This Ordinance further adopts the 2024 Editions of the International Property Maintenance and International Swimming Pool and Spa Codes.

A. RECITALS.

(i) Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the California Government Code (§§ 50022.1 et seq.) authorizes the adoption, by reference, of the California Building Code, 2025 Edition; the California Residential Code, 2025 Edition; the California Electrical Code, 2025 Edition ; the California Mechanical Code, 2025 Edition; the California Plumbing Code, 2025 Edition; the California Energy Code, 2025 Edition; the California Fire Code, 2025 Edition; the California Existing Building Code, 2025 Edition; the California Green Building Standards Code, 2025 Edition ; and the California Referenced Standards Code, 2025 Edition as adopted into the California Code of Regulations, Title 24, Parts 2 through 6 and Parts 8 through 12 respectively (collectively, the "California Building Standards Code") ; the International Property Maintenance Code, 2024 Edition; and the International Swimming Pool and Spa Code, 2024 Edition.

(ii) Pursuant to the provisions of the California Health and Safety Code Section 17958, 17958.5 and 17958.7, it is determined that the amendments of building standards within the California Building Standards Code in this Ordinance are reasonably necessary bec ause of local climatic, geological, or topographical conditions as more particularly identified in Section 5 of this Ordinance.

(iii) Adoption by reference of those additional Uniform Codes is not subject to Sections 17958, 17958.5 and 17958.7 of the California Health and Safety Code. 175
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(iv) A duly noticed Public Hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance.

(v) All legal prerequisites to the adoption of this Ordinance have occurred.

B. ORDINANCE

NOW, THEREFORE, the City Council of the City of Garden Grove does hereby find, determine and ordain as follows:

SECTION 1: Title 18 of the Garden Grove Municipal Code, entitled Building Codes and Regulations, of the City of Garden Grove is hereby amended as set forth herein, provided that said amendments shall not apply to, or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the California Building Standards Code and Uniform Codes as adopted by reference and amended by Ordinance No. 2940 of this City shall continue to be applicable to construction for which permits have been issued prior to the effective date of this Ordinance.

SECTION 2: Section 18.04.010 of Chapter 18.04 of Title 18 of the Garden Grove Municipal Code is hereby amended to read as follows:

§ 18.04.010 Adoption of California Building Standards Codes and Related Model Codes - Filing.

A. The City Council adopts and incorporates by reference, as though set forth in full in this Section, the following construction codes subject to the modifications set forth in this Title 18:

1. The California Building Code, 2025 Edition , as published by the International Code Council, including Division I I of Chapter 1, and appendices H, I and J;

2. The California Residential Code, 2025 Edition , as published by the International Code Council, including Division II of Chapter 1, and appendices H, J and V;

3. The California Electrical Code, 2025 Edition, as published by the National Fire Protection Association;

4. The California Mechanical Code, 2025 Edition , as published by the International Association of Plumbing and Mechanical Officials, including appendices B and C;

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5. The California Plumbing Code, 2025 Edition , as published by the International Association of Plumbing and Mechanical Officials, including appendices A, B, C, D, G, H, and I;

6. The California Energy Code, 2025 Edition , as published by the International Code Council ; California Historical Building Code, 2025 Edition, as published by the International Code Council;

7. The California Fire Code, 2025 Edition, as published by the International Code Council, including appendices B, BB, C, CC and H;

8. The California Existing Building Code, 2025 Edition, as published by the International Code Council;

9. The California Green Building Standards Code, 2025 Edition , as published by the International Code Council;

10. The California Referenced Standards Code, 2025 Edition, as published by the International Code Council;

11. The International Property Maintenance Code, 2024 Edition as published by the International Code Council; and

12. The International Swimming Pool and Spa Code, 2024 Edition as published by the International Code Council.

B. The provisions of the codes, as amended by this Title 18, shall constitute the Building Regulations of the City of Garden Grove and shall be known as the “Garden Grove Building Code.”

SECTION 3: Chapter 18.32 of Title 18 of the Garden Grove Municipal Code is hereby repealed and replaced in its entirety by Chapter 18.16 to read as follows:

Chapter 18.16

AMENDMENTS TO CALIFORNIA FIRE CODE
Sections:

18.16.010 Enforcement and Inspections.

18.16.020 Amendments to 2025 California Fire Code.

§ 18.16.010 Enforcement and Inspections. The 2025 California Fire Code shall be enforced by the Orange County Fire Authority, which shall be operated under the Director of Fire Services of the Orange County Fire Authority. The Director of Fire Services of the Fire Authority may detail such members of the Fire Authority as inspectors as shall be necessary from time to time.

§ 18.16.020 Amendments to the 2025 California Fire Code. 177
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Chapter 1

Scope and Administration

Chapter 1 SCOPE AND ADMINISTRATION is adopted in only those sections and subsections adopted by the SFM with the following amendments:

Section 113.4 Violation penalties is hereby revised as follows:

113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comp ly with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 113.4.2 Infraction and misdemeanor is hereby added as follows:

113.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

Chapter 2

Definitions

Chapter 2 DEFINITIONS is adopted in its entirety as amended by the SFM with the following amendments:

Sections 202 GENERAL DEFINITIONS is hereby revised by adding “OCFA” and “Spark Arrester” as follows:

OCFA: Orange County Fire Authority, authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

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2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

Chapter 3

General Requirements

Chapter 3 GENERAL REQUIREMENTS is adopted in only those sections and subsections adopted by the SFM with the following amendments:

Section 304.1.3 Vegetation is hereby revised as follows:

304.1.3 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Part 7, the California Wildland-Urban Interface Code. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C -05 “Vegetation Management Guideline:

Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”

Section 305.6 Hazardous conditions is hereby added as follows:

305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

1. When predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared.

2. When an official sign was caused to be posted by the fire code official, or a public announcement is made.

No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.

Section 305.7 Disposal of rubbish is hereby added as follows:

305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

SECTION 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby revised as follows:

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SECTION 307 OPEN BURNING, RECREATIONAL FIRES , FIRE PITS, FIRE

RINGS, AND PORTABLE OUTDOOR FIREPLACES

Sections 307.6 Outdoor fireplaces, fire pits, fire rings, or similar devices used at Group R occupancies is hereby added as follows:

307.6 Outdoor fireplaces, fire pits, fire rings, or similar devices used at Group R occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable devices intende d solely for cooking.

Section 307.6.1 Gas-fueled devices is hereby added as follows:

307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied -petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R -3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas is hereby added as follows:

307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor f ireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace.

Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

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1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3 feet from combustible construction at R - 3 occupancies,

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

Section 307.6.2.1 Where prohibited is hereby added as follows:

307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone.

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

SECTION 324 FUEL MODIFIC ATION REQUIREMENTS FOR NEW
CONSTRUCTION is hereby added as follows:

324.1 Fuel Modification Requirements For New Construction . All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C -05 “Vegetation Management Guideline: Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”

SECTION 325 CLEARANCE OF BRUSH OR VEGETATION GROWTH FROM ROADWAYS is hereby added as follows:

325.1 Clearance of brush or vegetation growth from roadways . The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

SECTION 326 UNUSUAL CIRCUMSTANCES is hereby added as follows:

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326.1 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

SECTION 327 USE OF EQUIPMENT is hereby added as follows:

327.1 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcyc les, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine w heel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.

Section 327.2 Use of equipment and devices generating heat, sparks or open flames is hereby added as follows:

327.2 Equipment and devices generating heat, sparks or open flames.

During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered 182
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land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If a 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

4. Keep a cell phone nearby and call 911 immediately in case of fire.

Section 327.3 Spark arresters is hereby added as follows:

327.3 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

Chapter 4

Emergency Planning and Preparedness

Chapter 4 EMERGENCY PLANNING AND PREPARED NESS is adopted in only those sections and subsections adopted by the SFM with the following amendment:

Section 407.5 is hereby revised as follows:

407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall follow OCFA Guideline G -04 “Completion of the Chemical Classification” in accordance with Section 5001.5.2.

Chapter 5

Fire Service Features

Chapter 5 FIRE SERVICE FEATURES is adopted in its entirety as amended by the SFM with the following amendments:
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SECTION 501.1 Scope is hereby revised as follows:

501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01 “Fire Master Plans for Commercial & Residential Development.”

Section 510.1 Emergency responder communications enhancement systems in new buildings is hereby deleted and replaced as follows:

510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require im provement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the requirements of the Orange County Sheriff’s Department, Communications and Technology Division, and where the functionality o f performance requirements in the California Fire Code are more stringent, this code.

Exceptions:

1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:

1.1. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.

1.2. Elevators.

1.3. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single
story.

1.4. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
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iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi -
story parking structure.

Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

Chapter 6

Building Services and Systems

Chapter 6 BUILDING SERVICES AND SYSTEMS is adopted in its entirety as amended by the SFM.

Chapter 7

Fire and Smoke Protection Features

Chapter 7 FIRE AND SMOKE PROTECTION FEATURES is adopted in its entirety as amended by the SFM.

Chapter 8

Interior Finish, Decorative Materials and Furnishings

Chapter 8 INTERIOR FINISH, DECORATIVE MATERIALS AND FURNISHINGS is adopted in its entirety as amended by the SFM.

Chapter 9

Fire Protection and Life Safety Systems

Chapter 9 FIRE PROTECTION AND LIFE SAFETY SYSTEMS is adopted in its entirety as amended by the SFM with the following amendments:

Section 903.2 Where required is hereby revised as follows:

903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:
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1. New buildings : Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, an automatic sprinkler system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.

2. Existing Bu ildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:

2.1. When an addition is 33% or more of the existing bui lding area, and the resulting building area exceeds 5000 square feet.

2.2. When an addition exceeds 2000 square feet, and the resulting building area exceeds 5000 square feet.

2.3. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Additions to Group R -3 occupancies shall comply with Section 903.2.8 (2).

Section 903.2.8 Group R is hereby revised as follows:

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing R -3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:

2.1. When an addition is 50% or more of the existing building area as defined in Section 202, and greater than 1,000 square feet within a two-year period.

2.2. An addition when the existing building is already provided with automatic sprinklers.
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2.3. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

The exceptions in this section remain unchanged.

Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:

903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.

Chapter 10

Means of Egress

Chapter 10 MEANS OF EGRESS is adopted in its entirety as amended by the SFM.

Chapter 11

Construction Requirements for Existing Buildings

Chapter 11 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS is adopted in only those sections and subsections adopted by the SFM.

Chapter 12

90 100 110 120 130 140 150 PSI 85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems

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Energy Systems

Chapter 12 ENERGY SYSTEMS is adopted in its entirety as amended by the SFM.

Chapter 20

Aviation Facilities

Chapter 20 AVIATION FACILITIES is adopted in its entirety.

Chapter 21

Dry Cleaning

Chapter 21 DRY CLEANING is adopted in its entirety as amended by the SFM.

Chapter 22

Combustible Dust-Producing Operations

Chapter 22 COMBUSTIBLE DUST-PRODUCING OPERATIONS is adopted in its entirety.

Chapter 23

Motor Fuel-Dispensing Facilities and Repair Garages

Chapter 23 MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES is adopted in its entirety as amended by the SFM.

Chapter 24

Flammable Finishes

Chapter 24 FLAMMABLE FINISHES is adopted in its entirety as amended by the SFM.

Chapter 25

Fruit and Crop Ripening

Chapter 25 FRUIT AND CROP RIPENING is not adopted.

Chapter 26

Fumigation and Insecticidal Fogging

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Chapter 26 FUMIGATION AND INSECTICIDAL FOGGING is not adopted.

Chapter 27

Semiconductor Fabrication Facilities

Chapter 27 SEMICONDUCTOR FABRICATION FACILITIES is adopted in its entirety.

Chapter 28

Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities

Chapter 28 LUMBER YARDS AND AGRO-INDUSTRIAL, SOLID BIOMASS AND WOODWORKING FACILITIES is adopted in its entirety with the follo wing amendments:

Section 2801.2 Permit is hereby revised as follows:

2801.2 Permit. Permits shall be required as set forth in Section 105.5. and 105.5.31.

Section 2808.2 Storage site is hereby revised as follows:

2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all- weather surface. Sites shall be thoroughly cleaned, and approval obtained from the fire code official before transferring products to the site.

Section 2808.3 Size of piles is hereby revised as follows:

2808.3 Size of piles . Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.

Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.

2. Factors that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile. 189
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3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.

4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified, and maintained.

5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.

Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.

Section 2808.3.1 Increase in pile or stack size is hereby deleted in its entirety.

Section 2808.4 Pile separation is hereby revised as follows:

2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

Section 2808.7 Pile fire protection is hereby revised as follows:

2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.

Section 2808.9 Material-handling equipment is hereby revised as follows:

2808.9 Material-handling equipment. All material- handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material -handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.

Section 2808.11 Temperature control is hereby added as follows:

2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.

Section 2808.11.1 Pile temperature control is hereby added as follows:

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2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.

Section 2808.11.2 New material temperature control is hereby added as follows:

2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery.

Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.

Section 2808.12 Water availability is hereby added as follows:

2808.12 Water availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2 -hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be pro vided to maintain the required amount of water within the tank(s).

Section 2808.13 Tipping areas is hereby added as follows:

2808.13 Tipping areas shall comply with the following:

1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.

2. Material within a tipping area shall not exceed 5 feet in height at any time.

3. Tipping areas shall be separated from all piles by a 20 -foot-wide fire access lane.

4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.

5. All material within a tipping area shall be processed within 5 days of receipt.

Section 2808.14 Emergency contact is hereby added as follows:

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2808.14 Emergency contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in an emergency situation.

Section 2808.15 Maximum grid of piles and rows is hereby added as follows:

2808.15 Maximum grid of piles and rows. Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50-foot clear space used for no other purpose.

2808.16 Push-out / clear area is hereby added as follows:

2808.16 Push -out / clear area. Piles exceeding 20 cubic yards shall be provided with push -out areas. Push -out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in h eight.

Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.

Chapter 29

Manufacture of Organic Coatings

Chapter 29 MANUFACTURE OF ORGANIC COATINGS is adopted in its entirety.

Chapter 30

Industrial Ovens

Chapter 30 INDUSTRIAL OVENS is adopted in its entirety.

Chapter 31

Tents, Temporary Special Event Structures and Other Membrane Structures

Chapter 31 TENTS , TEMPORARY SPECIAL EVENT STRUCTURES AND OTHER MEMBRANE STRUCTURES is adopted in its entirety as amended by the SFM.

Chapter 32

High-Piled Combustible Storage

Chapter 32 HIGH-PILED COMBUSTIBLE STORAGE is adopted in its entirety as amended by the SFM.

Chapter 33

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Fire Safety During Construction and Demolition

Chapter 33 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION is adopted in its entirety as amended by the SFM.

Chapter 34

Tire Rebuilding and Tire Storage

Chapter 34 TIRE REBUILDING AND TIRE STORAGE is adopted in its entirety as amended by the SFM.

Chapter 35

Welding and Other Hot Work

Chapter 35 WELDING AND OTHER HOT WORK is adopted in its entirety.

Chapter 36

Marinas

Chapter 36 MARINAS is adopted in its entirety.

Chapter 37

Combustible Fibers

Chapter 37 COMBUSTIBLE FIBERS is adopted in its entirety.

Chapter 39

Processing and Extraction Facilities

Chapter 39 PROCESSING AND EXTRACTION FACILITIES is adopted in its entirety.

Chapter 40

Storage of Distilled Spirits and Wines

Chapter 40 Storage of Distilled Spirits and Wines is adopted in its entirety.

Chapter 41

Temporary Heating and Cooking Operations

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Chapter 41 TEMPORARY HEATING AND COOKING OPERATIONS is adopted in its entirety as amended by the SFM.

Chapter 48

Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations

Chapter 48 MOTION PICTURE AND TELEVISION PRODUCTION STUDIO

SOUND STAGES, APPROVED PRODUCTION FACILITIES AND PRODUCTION LOCATIONS is adopted in its entirety.

Chapter 50

Hazardous Materials – General Provisions

Chapter 50 HAZARDOUS MATERIALS – GENERAL PROVISIONS is adopted in its entirety as amended by the SFM with the following amendments:

Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS) is hereby revised as follows:

5001.5.2 Hazardous Materials Inventor y Statement (HMIS). Where required by the fire code official, an application for a permit shall follow OCFA Guideline G -04 “Completion of the Chemical Classification”, which shall be completed and approved prior to approval of plans, and/or the storage, u se or handling of chemicals on the premises.

Section 5003.1.1.1 Extremely hazardous substances is hereby added as follows:

5003.1.1.1 Extremely hazardous substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.

Chapter 51

Aerosols

Chapter 51 AEROSOLS is adopted in its entirety.

Chapter 53

Compressed Gases

Chapter 53 COMPRESSED GASES is adopted in its entirety. 194
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Chapter 54

Corrosive Materials

Chapter 54 CORROSIVE MATERIALS is adopted in its entirety as amended by the SFM.

Chapter 55

Cryogenic Fluids

Chapter 55 CRYOGENIC FLUIDS is adopted in its entirety.

Chapter 56

Explosives and Fireworks

Chapter 56 EXPLOSIVES AND FIREWORKS is adopted in its entirety as amended by the SFM with the following amendments:

Section 5608.2 Firing is hereby added as follows:

5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.

Section 5608.3 Application for permit is hereby added as follows:

Section 5608.3 Application for permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.

Chapter 57

Flammable and Combustible Liquids

Chapter 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS is adopted in its entirety as amended by the SFM.

Chapter 58

Flammable Gases and Flammable Cryogenic Fluids

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Chapter 58 FLAMMABLE GASES AND FLAMMABLE CRYOGENIC FLUIDS is adopted in its entirety as amended by the SFM.

Chapter 59

Flammable Solids

Chapter 59 FLAMMABLE SOLIDS is adopted in its entirety.

Chapter 60

Highly Toxic and Toxic Materials

Chapter 60 HIGHLY TOXIC AND TOXIC MATERIALS is adopted in its entirety.

Chapter 61

Liquefied Petroleum Gases

Chapter 61 LIQUEFIED PETROLEUM GASES is adopted in its entirety.

Chapter 62

Organic Peroxides

Chapter 62 ORGANIC PEROXIDES is adopted in its entirety.

Chapter 63

Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids

Chapter 63 OXIDIZERS, OXIDIZING GASES AND OXIDIZING CRYOGENIC FLUIDS is adopted in its entirety.

Chapter 64

Pyrophoric Materials

Chapter 64 PYROPHORIC MATERIALS is adopted in its entirety.

Chapter 65

Pyroxylin (Cellulose Nitrate) Plastics

Chapter 65 PYROXYLIN (CELLULOSE NITRATE) PLASTICS is adopted in its entirety.

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Chapter 66

Unstable (Reactive) Materials

Chapter 66 UNSTABLE (REACTIVE) MATERIALS is adopted in its entirety.

Chapter 67

Water-Reactive Solids and Liquids

Chapter 67 WATER-REACTIVE SOLIDS AND LIQUIDS is adopted in its entirety.

Chapter 80

Referenced Standards

Chapter 80 REFERENCED STANDARDS is adopted in its entirety as amended by the SFM with the following amendments:

NFPA 13, 2025 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall no t require sprinkler protection when approved by the fire code official.

Section 9.4.3.1 is hereby revised as follows:

9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occup ancies), fire sprinklers of the quick -response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick-response type as defined in 3.3.223.4.16
(2) Residential sprinklers in accordance with the requirements of Chapter 12
(3) Quick-response CMSA sprinklers
(4) ESFR sprinklers
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(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers.
(6) Standard-response sprinklers used where individual standard - response sprinklers are replaced in existing light hazard systems

Section 16.12.3.3 is hereby revised as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant.

The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.

NFPA 13D 2025 Edition, Standard for the Installation of Sprinkler Systems in One - and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 7.1.2 is hereby revised as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 24, 2025 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:
(1) Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.
(2) Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

Section 6.2.9 is hereby revised as follows:

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All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve. (b) Post indicating valves shall be allowed to be closer than 40 ft (12 m) to the building when a property line or other physical barriers make it impossible to have a post indicating valve 40 ft (12m) away.
(c) Post indicating valves shall be allowed to be closer than 40 ft (12 m) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 ft (12 m).
(2) A wall post indicator valve on risers located with in the building, either a nonrising stem gate valve with a wall post indicator or a listed butterfly valve with an indicating handle extending out through the building wall. (3) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(b) Backflow preventer valves shall be allowed to be closer than 40 ft (12 m) to the building when a property line or other physical barriers make it impossible to have a backflow preventer valve 40 ft (12 m) away. (c) Backflow preventer valves shall be allowed to be closer than 40 ft (12 m) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 ft (12 m). (4) Indicating control valves installed in a fire -rated room accessible from the exterior
(5) Indicating control valves in a fire -rated stair enclosure accessible from the exterior as permitted by the AHJ
(6) Any other valve type or location as permitted by the AHJ

Section 10.1.5 is hereby added as follows:

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10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8 -mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be seal ed with 2 -inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings

Section 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt, bituminous, or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.3.2 is hereby deleted and replaced as follows:

10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comp ly with 10.4.3.2.1 through

10.4.3.2.4. Appendices

Appendix A is not adopted.

Appendix B is adopted in its entirety as amended by the SFM.

Appendix BB is adopted in its entirety.

Appendix C is adopted in its entirety as amended by the SFM.

Appendix CC is adopted in its entirety.

Appendix D is not adopted.

Appendix E is not adopted.

Appendix F is not adopted.

Appendix G is not adopted.

Appendix H is adopted in its entirety.

Appendix I is not adopted.

Appendix J is not adopted.
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Appendix K is not adopted.

Appendix L is not adopted.

Appendix M is not adopted.

Appendix N is not adopted.

Appendix O is not adopted.

Appendix P is not adopted.

Appendix Q is not adopted.

SECTION 4: The following sections of Chapter 18.52 of Title 18 of the Garden Grove Municipal Code is hereby amended to read as follows:

§ 18.18.010 Chapters Adopted.

Chapter 1 through 3 and Chapter 7 through 11 of the 2024 International Swimming Pool and Spa Code is adopted herein by reference as the Swimming Pool and Spa Code of the City of Ga rden Grove and is hereby amended as provided in this chapter.

§ 18.18.050 Section 106.3 added – Swimming Pool Safety Act. Section 106.3 – Swimming Pool Safety Act is hereby amended to read as follows:

2025 CRC APPENDIX V 115924 Agreement to Build:
(a) Any person entering into an agreement to build a swimming pool or spa, or to engage in permitted work on a pool or spa covered by this article, shall give the consumer notice of the requirements of this article.

(b) Pursuant to existing law, the Department of Health Services shall have available on the department’s Web site, commencing January 1, 2007, approved pool safety information available for consumers to download.

Pool contractors are encouraged to share this information with consumers regarding the potent ial dangers a pool or spa poses to toddlers. Additionally, pool contractors may provide the consumer with swimming pool safety materials produced from organizations such as the United States Consumer Product Safety Commission, Drowning Prevention Foundatio n, California Coalition for Children’s Safety & Health, Safe Kids Worldwide, Association of Pool and Spa Professionals, or the American Academy of Pediatrics.

2025 CRC APPENDIX V 115925. The requirements of this article do not apply to any of the following:
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(a) Public swimming pools.
(b) Hot tubs or spas with locking safety covers that comply with the American Society for Testing and Materials (ASTM F1346). (c) An apartment complex, or any residential setting other than a single- family home.

2025 CRC APPENDIX V 115926. This article does not apply to any facility regulated by the State Department of Social Services even if the facility is also used as the private residence of the operator. Pool safety in those facilities shall be regulated pursuant to regulations adopted therefor by the State Department of Social Services.
2025 CRC APPENDIX V 115927. Notwithstanding any other provision of law, this article shall not be subject to further modification or interpretation by any regulatory agency of the state, this authority being reserved exclusively to local jurisdictions, as provided for in paragraph (7) of subdivision (a) of Section 115922 and subdivision (c) of Section 115925. § 18.18.080 Section 301.1.2 added – Conflicts. Section 301.1.2 is hereby added to read as follows:

301.1.2 Conflicts. In the event of a conflict between the provisions of the Swimming Pool Safety Act, the International Swimming Pool and Spa Code, 2024 Edition, the 2025 California Building Code, or the 2025 California Residential Code, the Building Official shall implement the most restrictive measures cited.

SECTION 5: Findings. Pursuant to the provisions of the California Health & Safety Code Section 17958.7, it is determined that the amendments of building standards within the California B uilding Standards Code in this Ordinance are reasonably necessary because of local climatic, geological, or topographical conditions, and as more specifically described below.

I. Climatic Conditions

A. Garden Grove is located in a semi -arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme d rying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying 202
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buildings, these fires are also prone to disrupt utility services. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene.

B. The climate alternates between extended per iods of drought and brief flooding conditions. Flood conditions may affect the Orange County Fire Authority’s ability to respond to a fire or emergency condition. Floods may also disrupt utility services to buildings and facilities within the City.

C. Garden Grove is in a suburban area which is fully developed. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on- site fire protection features.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high -density housing or vegetation.

These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin.

Fire sprinkler systems will also reduce the use of water for firef ighting by as much as 50 to 75 percent.

E. The local water supply is “hard” and contains high amounts of minerals which can negatively affect the plumbing used fro supply and drain lines in buildings.

F. Untreated wood roofs cause or contribute to serious fire hazard and to the rapid spread of fires when such fires are accompanied by high winds.

Pieces of burning wooden roofs become flying brands and are carried by the wind to other locations and thereby spread fire quickly.

II. Topographical conditions

A. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout the City.

B. These topographical conditions combine to create a situation that places fire department response time to fire occurrenc es at risk and makes it necessary to provide automatic on -site fire-extinguishing systems and other protection measures to protect occupants and property.

III. Geological Conditions
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Garden Grove is located in a highly active seismic area in Orange County . The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line.

Regional planning for reoccurrence of earthquakes is recommended by the state of California, Department of Conservation.

A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activiti es because it is likely to create obstacles similar to those indicated under the high wind section above. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants.

State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, page 59), “unfortunately, barely meeti ng the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.”

B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the City are major roadways, highways and flood control channels that create barriers and slow response times. Street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and at times may make an emergency access route impassable.

C. Portions of the County near Garden Grove contain active or former oil production fields. These areas contain a variety of naturally occurring gasses, liq uids and vapors. These compounds present toxicity or flammability hazards to building occupants. Evaluation of these hazards and the risks they pose to development is necessary for implementation of appropriate mitigation.

D. The viability of the public water system would be questionable after a major seismic event. This would leave tall buildings vulnerable to 204
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uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of any available water to floors above the 75- foot level.

Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zones described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (wa ter) resources available for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority.

SECTION 6: Filing with the California Building Standards Commission. A copy of this Ordinance shall be filed with the California Building Standards Commission by the City Clerk of the City of Garden Grove as required by Health & Safety Code Section 17958.7.

SECTION 7: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsect ion, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

SECTION 8: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law. This Ordinance shall take effect thirty (30) days after adoption, or January 1, 2026, whichever is later.

The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ____________.

MAYOR
ATTEST:

_______________________________

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

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I, LIZABETH VASQUEZ, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on October 28, 2025, with a vote as follows:

AYES: COUNCIL MEMBERS: (7) BRIETIGAM, NGUYEN, TRAN, MUÑETON

ARESTEGUI, DOVINH, KLOPFENSTEIN
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE

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Item 418/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Patricia Song
Dept:

City Manager Dept: Finance
Date: 11/12/2025

Subject: Receive and file the Measure O Citizens’ Oversight Committee Annual Report for Fiscal Year 2024-25. (Action Item)

OBJECTIVE

For the City Council to receive and file the Measure O Citizens’ Oversight Committee Annual Report for Fiscal Year 2024-25.

BACKGROUND

Resolution No. 9540-19, titled “A Resolution Defining the Composition of the Measure O – Citizens’ Oversight Committee, Purpose, Terms of Office for Committee Members, the Scope of the Committee’s Responsibilities and Other Related Matters” requires a report be presented by the Committee to the City Council annually. This annual report is to summarize the Committee’s activities during the year, and communicate the Committee’s findings in regards to the City’s audited financial information and General Fund budget/CIP plan in regards to the Measure O revenue received and corresponding appropriation within the reporting period.

DISCUSSION

The attached Measure O Citizens’ Oversight Committee Annual Report discussed the following items:

• The Committee’s proceedings and activities during Fiscal Year 2024 -25 with focuses on:
o Audited Fiscal Year 2023-24 annual financial information; o Amended Fiscal Years 2024-25 General Fund budget;
o Fiscal Year 2024-25 mid-year General Fund budget performance; and o The Brown Act and the Garden Grove Municipal Code Chapter 2.02, Code of Ethics for Public Officers and Employees.

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Item 418/2025

• The Committee’s findings and recommendations:

o The audited financial statements for Fiscal Year 2023-24 accurately reflect that the Measure O – Public Safety and Vital City Services tax revenues were collected and expended in accordance with program requirements; and
o The City’s amended Fiscal Year 2024-2025 General Fund budget continues to protect and sustain the City’s core services, including public safety.

FINANCIAL IMPACT

There is no fiscal impact to receive and file the Measure O Citizen s’ Oversight Committee Annual Report.

RECOMMENDATION

It is recommended that the City Council:

 Receive and file the Measure O Citizens’ Oversight Committee Annual Report for Fiscal Year 2024-25.

ATTACHMENT(S)
 Measure O Citizens’ Oversight Committee Annual Report for Fiscal Year 2024-25.

208

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

City Council From: Measure O – Citizen’s
Oversight Committee

Subject: MEASURE O COMMITTEE ANNUAL
REPORT FOR FISCAL YEAR 2024-25
Date:

November 12, 2025

OBJECTIVE

To present the Fiscal Year 2024-25 Measure O Citizen’s Oversight Committee Annual Report to the City Council for receipt and filing pursuant to Resolution No. 9540-19.

BACKGROUND

On November 6, 2018, Garden Grove voters passed Ordinance No. 2897, also known as Measure O, imposing a one -cent (1%) transactions and u se (sales) tax. The Measure O Citizen’s Oversight Committee was established on February 26, 2019, to review the City’s annual budge t, mid-year budget, and year -end audited financial information in regards to the receipt and use of Measure O funds. Resolution No. 9540-19 requires that an annual report be presented to the City Co uncil communicating the Committee’s activities and to provide a response to the following questions:

 Does the current audited financial information reflect that the Measure O – Public Safety and Vital City Services tax was collected and appropriately spent?

 Does the City’s proposed General Fund annual budget a nd CIP plan protect and maintain the City’s core services including public safety?

DISCUSSION

Summary of Committee’s Proceedings and Activities for FY 2024-25

 Two Committee meetings were held during FY 2024-25:

October 7, 2024 Meeting

o Reviewed the draft Measure O annual report to City Council for Fiscal Year (FY) 2023-24;
o Reviewed the Amended FY 2024-25 General Fund budget; and 209

o Reviewed the FY 2023-24 preliminary Gen eral Fund financial performance.

March 10, 2025 Meeting

o Selected Committee Chair and Vice Chair;
o Reviewed the Brown Act;
o Reviewed Chapter 2.02 of the Garden Grove Municipal Code on Code of Ethics for Public Officers and Employees;
o Reviewed FY 2023-24 audited annual financial statements; and o Reviewed FY 2024-25 mid-year General Fund budget performance.

Audited Financial Information for Fiscal Year 2023-24

Staff presented to the Committee the audited revenue and expenditure of the City’s General Fund for FY 2023-24. As shown in the City’s Annual Comprehensive Financial Report (Financial Report), the General Fund includes the City’s primary operating fund, along with Economic Development Fund, Tourism Improvement District Funds, Land Sale Proceeds Fund, and Deposits Fund.

State codes require every municipality to have its annual financial statements audited by an independent auditor to ensure compliance. The City engaged Davis Farr LLP to perform such audit. A clean opinio n was received from Davis Farr, which means that at the conclusion of the audit, the auditor cert ifies that the City’s financial statements were presented accurately, and the reports were compliant with the accounting principles and the requirements of Governmental Accounting Standards Board.

The audited FY 2023-24 financial statements showed that the overall General Fund revenues experienced a modest increase from the prior fiscal year, despite a decline in certain tax revenues. The most significant gains came from investment income and revenues from fines, forfeitures and penalties.

Combined r evenues from property tax and sales and use tax decrease by approximately $1.1 million. In recent years, the City had seen rapid growth in both assessed valuation and consumer spending as the economy re covered from the pandemic. While this upward trend continued into FY2023-24, revenues have begun to stabilize. Meanwhile, transient occupancy tax reached another historic high, generating $28.5 million, a modest increase of $427,000 over FY2022-23.

210

Table 1 below summarizes the City’s major General Fund revenues by type, along with a comparison to the previous fiscal year.

Table 1 – General Fund Revenues - Audited

Revenue Description
FY 2023-24
($000)
FY 2022-23
($000)
Sales Tax – Bradley-Burns $ 29,769 $ 29,933 Measure O 29,363 29,376
Property Tax 64,660 65,452
Hotel Tax (TOT) 28,502 28,075
Other Taxes 7,272 7,093
Licenses & Permits 3,035 3,073 Fines, Forfeits & Penalties 2,721 2,305 Charges for Current Services 7,531 7,724 Investment Earnings 7,048 710
Other 5,102 4,867
Total General Fund $ 185,003 $ 178,610

Graph 1 below presents the percentage of each revenue category for fiscal year ended June 30, 2024.

Graph 1 – General Fund Revenue by Category

211

On the expenditure side, the General Fund reported total expenditures of $204.5 million for the fiscal year ended June 30, 2024. The largest expenditure category was Public Safety, with Fire at $31.6 million and Police at $76.6 million.

Total General Fund expenditures increased by $45.0 million from the prior fiscal year, primarily due to two significant one-time costs: the defeasance of the Garden Grove Public Financing Authority Lease Revenue Bonds, Series 2015A, on December 5, 2023, in the amount of $20.8 million , and the $11.9 million purchase of an office building in the Civic Center Plaza.

Excluding these one-time items, Public Safety expenditures totaled $108.2 million, representing 63.0% of overall General Fund spending , including debt service and capital outlay. Public Safety costs increased by $4.8 million, or 4.6%, compared to the previous year. In addition to ongoing efforts to expand the police workforce, the City made strategic investments in several GGPD -led community programs that directly enhance public safety and quality of life for the community.

Combined, Public Safety totaled $108.2 million, representing 53.0% of overall General Fund expenditures, including debt service and capital outlay.

As shown in Table 2, General Fund expenditures are summarized by category, along with a comparison to the previous fiscal year.

Table 2 – General Fund Expenditures - Audited

Expenditure Category
FY 2023-24
($000)
FY 2022-23
($000)
Public Safety - Fire $ 31,604 $ 30,933 Public Safety - Police 76,613 72,455 Traffic Safety 2,810 2,789
Public Right of Way 18,550 11,103 Community Buildings 3,654 4,273 Parks & Community Services 7,620 6,732 Community & Economic Dev. 30,554 19,549 Municipal Support 11,672 9,898 Debt Service 21,457 1,730
Total Expenditure $ 204,534 $ 159,462

Community and Economic Development expenditures totaled $30.5 million, which includes the $11.9 million acquisition of an office building in December 2023 as part of the Civic Center Master Plan.

Increase in the Public Right -of-Way expenditures reflected the accelerated implementation of the City’s pavement improvement program.

212

Graph 2 – General Fund Expenditure by Type

For Fiscal Year 2023 -24, General Fund expenditures exc eeded revenues by $19.5 million. Audited fund balance decreased by $17.8 million, from $183.3 million at the beginning of the fiscal year, to an ending balance of $165.5 million as of June 30, 2024.

Amended General Fund Budget FY 2024-2025

The Committee also reviewed the City’s Amended FY 202 4-2025 General Fund budget.

The amended budget reflected an increase of $11.1 million in appropriations, which funds the following:
 $5.8 million for new debt service result ing from the issuance of the Garden Grove Public Financing Authority Lease Revenue Bonds, Series 2024A, to finance the construction of the Public Safety Building and the reimagined Civic Center Park;
 $2.1 million for improvements to the Euclid Building parking lot;  $2.8 million to address additional unfunded pension liabilities; and  Reclassification of position s to enhance operational efficiency within the departments of Community Development, Economic Development and the City Manager’s Office.

213

Table 3 below provides a summary of the changes to the adopted General Fund budget by department:

Table 3 – Amended FY 2024-25 General Fund Expenditure Budget

General Fund revenue for FY 2024 -25 was amended to reflect an increase of $9.9 million, with tax revenues accounting for $7.3 million of the growth.

Table 4 below summarizes the adopted and amended General Fund revenues for FY2024-2025.

Table 4 – Amended FY 2024-25 General Fund Revenue Budget

FY 2024-25 FY 2024-25
Department Adopted
($000)
Amended
($000) $000 %
Fire 32,966$ 33,668$ 702$ 2% City Administration 12,966 13,562 596 5% Community Development 6,846 7,065 219 3% Community Services 7,092 7,217 125 2% Police 84,532 85,738 1,206 1% Public Works 20,902 21,038 136 1% Economic Development 6,724 9,038 2,314 34% Non-Departmental 2,247 8,029 5,782 257% Total 174,275$ 185,355$ 11,080$ 6% Difference
FY 2024-25 FY 2024-25
Revenue Source Adopted
($000)
Amended
($000) $000 %
Property Tax 62,096$ 67,134$ 5,038$ 8% Sales Tax 61,824 61,824 - 0% Hotel Visitor's Tax 25,750 28,000 2,250 9% Other GF Revenue 21,953 24,614 2,661 12% Total 171,623 181,572 9,949 6% Difference
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FY 2024-25 mid-year General Fund Budget Performance

Committee members received an update on the mid-year performance of the General Fund budget for FY 2024–25, with data as of January 31, 2025. Expenditures were on track, totaling 61% of appropriations, while revenues for the first seven months reached 58% of the anticipated amount. Hotel visitor tax revenues were below expectations, reflecting both a slowing economy and reduced occupancy at seve ral hotels undergoing renovations.

Committee Findings and Recommendations

The Measure O Citizen’s Oversight Committee has reviewed the audited financial data for FY 2023-24 and budget information for Fiscal Years 2024-2025. Based on its review, the Committee concludes the following:

 The audited financial statements for FY 2023-24 accurately reflect that the Measure O – Public Safety and Vital City Services tax revenues were collected and expended in accordance with program requirements.

 The City’s amended FY 2024-2025 General Fund budget continues to protect and sustain the City’s core services, including public safety.

The Committee recommends staff to continue to:

 Review future audited annual financial information and report on Measure O tax revenue s and related expenditures for public safety and other vital services;

 Review General Fund operating budget allocations; and

 Keep the Committee informed on General Fund financial matters to ensure a transparent and accountable financial system is maintained for the administration of the Measure O funds.
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Item 425/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: William E. Murray
Dept:

City Manager Dept: Public Works
Date: 11/12/2025

Subject: Award contracts to AKM Consulting Engineers, JIG Consultants, and Civiltec Engineering, Inc. for on-call design engineering services for various water and sewer capital improvement projects. (Not to Exceed $500,000 per contract)(Joint Action Item with the Sanitary District)

OBJECTIVE

To recommend that the City Council and Sanitary District Board award contracts to AKM Consulting Engineers, JIG Consultants, and Civiltec Engineering, Inc. for on -call design engineering services for various water and sewer capital improvement projects.

BACKGROUND

The Water Services Division of the City’s Public Works Department operates and maintains the City’s water system and the sanitary sewer systems (overseen by the District).

The City operates and maintains approximately 435 miles of water mains, over half of which consist of asbestos cement (AC) pipes installed in the 1950s. Although the actual useful life of a pipeline depen ds on various factors, AC and plastic pipes are generally designed for a 75-year service life. As a result, much of the City's water system pipeline inventory is nearing the end of its design life. According to the City’s recent water master plan (2020), i t was recommended to replace 2.2 miles of water main per year in the near term, and at a higher rate in the future depending on funding and staffing availability. The City has been replacing water mains at an average rate of 1 mile per year in the past. Th e City expects to increase its efforts in implementing capital improvement projects to meet the recommended annual replacement target.

The District is responsible for managing 305 miles of gravity sewer mains and 11,000 linear feet of force mains throughout the District. The District is currently developing a new Sewer Master Plan (2025) and conducting Phase 3 of a Sewer System Condition Assessment, which involves assessing approximately 25% of its gravity sewer mains. Through these efforts, potential capacity and/or structural deficiencies in the sewer system will be identified and will be addressed through capital improvement projects. The District expects to upsize, replace, or rehabilitate approximately 3 miles of gravity sewer mains annually based on the findings. 216
Item 425/2025

To meet the annual capital improvement targets for both water and sewer systems, the Water Services Division anticipates steadily awarding design engineering projects with similar scopes in the coming years. Establishing on -call design engineering services with qualified consultants will help the Water Service Division streamline upcoming design projects, ensure continuity across multiple projects, and reduce administrative overhead.

DISCUSSION

Staff requested proposals from five (5) firms to provide design engineering services. All five (5) solicited consultants submitted proposals. A panel of three (3) members rated the submitted proposals on the basis of qualifications without considering cost. Staff determined that AKM Consulting Engin eers, JIG Consultants, and Civiltec Engineering, Inc., are best suited and qualified to provide on -call design engineering services . The following is a summary of the ratings with the highest total being the most qualified:

AKM
Consulting
Engineers
JIG
Consultants
Civiltec
Engineering,
Inc.

PACE Lee-Ro
Irvine, CA Orange, CA Fullerton, CA Fountain Valley,
CA
City of
Industry, CA
Rater A 165 163.5 158 155 150.5
Rater B 172 169.5 167.5 148.75 148.75
Rater C 172 170.5 161.5 159 153
Totals 509 503.5 487 462.75 452.25

FINANCIAL IMPACT

The cost of each contract with AKM Consulting Engineers, JIG Consultants, and Civiltec Engineering, Inc. for on-call design engineering services for various water and sewer capital improvement projects are not to exceed $500,000. The funding is budgeted in the various capital improvement projects, included in the City’s adopted five -year Capital Improvement Plan.

RECOMMENDATION

It is recommended that the City Council:
 Award contracts to AKM Consulting Engineers, JIG C onsultants, and Civiltec Engineering, Inc., in the not to exceed amount of $500,000 each, for on-call design engineering services for various water and sewer capital improvement projects; and
 Authorize the City Manager, or designee, to execute the agreements on behalf of the City, exercise option year amendments for each contract, and make minor modifications as appropriate thereto.

By: Liyan Jin, Associate Engineer
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Item 425/2025

ATTACHMENT(S)

1. Professional Service Agreement

218
1 PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made _____12th__ day of _November____, 2025, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), GARDEN GROVE SANITARY DISTRICT, a California special district, and _______________ herein after referred to as “CONSULTANT”.

RECITALS

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove Council /GGSD Board approval dated _November 12, 2025_

2. CITY/DISTRICT desire(s) to utilize the services of CONSULTANT to provide design engineering services listed in Attachment “A”.

3. CONSULTANT is qualified by virtue of experience, training, education and expertise to accomplish services.

4. CITY/DISTRICT shall hereinafter be referred to as “CITY.”

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term and Termination. The term of the agreement shall be four years from the date of this agreement, with an option to extend said agreement an additional three years. Option years shall be exercised one year at a time, with additional compensation of $250,000 (two hundred and fifty thousand dollars) for each option year exercised at the sole option of the CITY. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONSULTANT for work performed to date in accordance with CONSULTANT’s rate sheet . Contractor is required to present evidence to support performed work.

2. Services to be Provided. The services to be performed by CONSULTANT shall consist of tasks, including but not limited to work plan listed in Attachment “A”, and is incorporated herein by reference. The Attachment and this Agreement do not guarantee any specific amount of work. CONSULTANT warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with customary and usual practices in CONSULTANT’S profession and the standards prevalent in the industry for such services. By executing this Agreement, CONSULTANT warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement.

3. Compensation. CONSULTANT shall be compensated as follows:

3.1. AMOUNT. The compensation for services under this Agreement shall be determined based on the scope and nature of future project proposals mutually agreed up by both parties, payable in arrears and in accordance with proposal in Attachment “ A”. For each project, the CONSULTANT shall submit a detailed proposal outlining the scope of work, timeline, and estimated costs. Upon CITY 219
2 approval of the proposal, compensation for the specific pr oject will be defined and agreed upon in writing, either as a fixed fee, hourly rate, or other agreed - upon method.

3.2. Not to Exceed . The Parties agree that CONSULTANT shall bill for the Services provided by CONSULTANT to CITY on an hourly basis, except where otherwise set forth herein, provided compensation under this Proposal shall not exceed $500,000. CONSULTANT warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. CONSULTANT shall not be compensated for any services rendered in connection with a performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. The Proposal and this Agreement do not guarantee any specific amount of work.

3.3. PAYMENT. For work under this Agreement, payment shall be made per invoice for work completed. Within 45 day of delivery of goods or completion of performance of services, CONSULTANT must promptly render an invoice to CITY or payment may be significantly delayed. For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on Rate and Fee Estimate included in Attachment “A”.

3.4. RECORDS OF EXPENSES. CONSULTANT shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY.

3.5. TERMINATION. CITY and CONSULTANT shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination.

If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.

4. Insurance requirements

4.1. COMMENCEMENT OF WORK. CONSULTANT shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance and provide a Waiver of Subrogation in favor of the City.

4.2. WORKERS COMPENSATION INSURANCE. For the duration of this Agreement, CONSULTANT and all subc ontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.

4.3. INSURANCE AMOUNTS. CONSULTANT shall maintain the following insurance for the duration of this Agreement:

a. Commercial general liability in an amount not less than $2,000,000.00 per occurrence (claims made and
modified occurrence policies are not acceptable);
Insurance companies must be acceptable to the CITY and
220
3 have a Best’s Guide Rating of A -, Class VII or better, as approved by the CITY.

b. Automobile liability in an amount of $1,000,000.00
combined single limit (claims made and modified
occurrence policies are not acceptable); Insurance
companies must be acceptable to the CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.

c. Professional liability in an amount not less than
$2,000,000.00. Insurance companies must be admitted and licensed in California and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY. If the policy is written on a “claims made” basis, the policy shall be
continued in full force and effect at all times during the term of the agreement, and for a period of three (3) years from the date of the completion of services provided. In the event of termination, cancellation, or material change in the policy, professional/CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of
professional/CONSULTANT during the course of performing services under the term of the agreement. The coverage
shall be evidenced either by a new policy evidencing no gap in coverage, or by obtaining separate extended “tail”
coverage with the present or new carrier.

An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONSULTANT. CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONSULTANT. CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

For any claims related to this Agreement, CONSULTANT’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of the CONSU LTANT’s insurance and shall not contribute with it.

If CONSULTANT maintains higher insurance limits than the minimums shown above, CONSULTANT shall provide coverage for the higher insurance limits otherwise maintained by the CONSULTANT.

221
4 5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONSULTANT in the event of any default or breach by CITY, or for any amount which may become due to CONSULTANT.

6. Non-Discrimination. CONSULTANT covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.

7. Independent CONSULTANT. It is agreed to that CONSULTANT shall act and be an independent CONSULTANT and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.

8. Compliance with Law. CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government. CONSULTANT shall comply with, and shall be responsible for causing all CONSULTANTs and sub - CONSULTANTs performing any of the work pursuant to this Agreement to comp ly with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The City makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.

9. Disclosure of Documents. All documents or other information developed or received by CONSULTANT are confidential and shall not be disclosed without authorization by CITY, unless disclosure is required by law.

10. Ownership of Work Product. All documents or other information developed or received by CONSULTANT shall be the property of CITY. CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

11. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

12. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process.

a. Address of CONSULTANT is as follows:

_____________________
_____________________
_____________________
_____________________

b. Address of CITY is as follows:

City Manager/General Manager
City of Garden Grove/GGSD
11222 Acacia Parkway
Garden Grove, CA 92840

13. CONSULTANT'S PROPOSAL. This Agreement shall include CONSULTANT'S proposal which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern. 222
5 14. Licenses, Permits, and Fees. At its sole expense, CONSULTANT shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.

15. Familiarity with Work. By executing this Agreement, CONSULTANT warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should CONSULTANT discover any latent or unknown conditio ns materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY.

16. Time of Essence. Time is of the essence in the performance of this Agreement.

17. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONSULTANT, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONSULTANT shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONSULTANT is permitted to subcontract any part of this Agreement, CONSULTANT shall be responsible to CITY for the acts and omissions of its sub-CONSULTANT as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any sub- CONSULTANT and CITY. All persons engaged in the work will be considered employees of CONSULTANT. CITY will deal directly with and will make all payments to CONSULTANT.

18. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.

19. Indemnification. To the fullest extent permitted by law, CONSULTANT shall defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligen ce, recklessness and/or intentional wrongful conduct of CONSULTANT, CONSULTANT'S agents, officers, employees, sub -CONSULTANTs, or independent CONSULTANTs hired by CONSULTANT in the performance of the Agreement. The only exception to CONSULTANT'S responsibility to protect, defend, and hold harmless CITY, is due to the negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.

This hold harmless agreement shall apply to all liabilit y regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.

20. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.

21. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may be 223
6 modified only by subsequent mutual written agreement executed by CITY and CONSULTANT.

22. Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONSULTANT.

23. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced ab out this Agreement shall be filed in the central branch of the Orange County Superior Court.

24. Interpretation. This Agreement shall be interpreted as though prepared by both parties

25. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.

(Agreement Signature Block on Next Page)

224
7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: _____________ "CITY"

CITY OF GARDEN GROVE

By:___________________________
City Manager

Date: _____________ "DISTRICT"

GARDEN GROVE SANITARY DISTRICT

By:___________________________
General Manager
ATTESTED:

____________________________
City Clerk/Secretary

Date: _______________________
"CONSULTANT"

XXXXXXXXXXXXXXXX

By: _______________________________

Name: ____________________________

Title:______________________________

Date: _____________________________

Tax ID No. _________________________

CONSULTANT’s License: _______________

Expiration Date______________________

If CONSULTANT is a corporation, a Corporate
Resolution and/or Corporate Seal is required.

If a partnership, Statement of Partnership
must be submitted to CITY.

APPROVED AS TO FORM:

____________________________
City Attorney/General Counsel

________________________
Date
225
Item 426/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: William E. Murray
Dept:

City Manager Dept: Public Works
Date: 11/12/2025

Subject: Approval of a contract with Graffiti Protective Coatings Inc., for Citywide Graffiti Removal Services. (Cost: $291,471.30)(Action Item)

OBJECTIVE

To obtain City Council approval to enter into a contract with Graffiti Protective Coatings Inc., for citywide graffiti removal services by piggybacking off of an existing contract from the City of Bell’s competitive Request for Proposal process.

BACKGROUND

The Public Works Department – Streets Division is responsible for maintaining clean and graffiti-free public and some private property areas throughout the City of Garden Grove. The City currently contracts with Graffiti Protective Coatings Inc., for graffiti abatement services.

Graffiti Protective Coatings Inc., has provided these services under an existing contact that is due to expire on November 30, 2025.

Because the City does not have in -house staff dedicated to graffiti removal, maintaining uninterrupted service is critical to ensuring the City’s ability to promptly respond to graffiti reports and maintain community appearance standards.

To continue these essential services without disruption, staff recommends entering into a new agreement with Graffiti Protective Coatings Inc. by piggybacking off the City of Bell’s recently awarded competitively bid contract ( PW25-004) that was awarded on June 25, 2025. This approach aligns with Garden Grove Municipal Code Section 2.50.100 which allows the City to procure the same goods and/or services by another public agency or government purchasing cooperative organization based on a competitive process similar to the processes described in Garden Grove Municipal Code Section 2.50.100 (Formal Contract Procedure).

DISCUSSION

By leveraging the City of Bell’s existing contract, the City of Garden Grove avoids the cost and staff time associate d with issuing its own request for proposal while maintaining compliance with procurement policies. Graffiti Protective Coatings Inc. , has demonstrated 226
Item 426/2025

excellent performance and responsiveness in the City of Garden Grove and other jurisdictions, and will provide graffiti removal services citywide, including but not limited to:

 Removal of graffiti from public walls, fences, sidewalks, signs, and street furniture;  Application of graffiti-resistant coatings where necessary;  Emergency and after-hours removal services;
 Documentation and reporting of removal activities for City records; and  Assist with City events to educate and inform the public with graffiti awareness.

The contract will be overseen by the Public Works Streets Division, which will monitor service quality, response times, and cost effectiveness throughout the term of the agreement.

FINANCIAL IMPACT

The Public Works Department previously received an annual General Fund budget supplement in the amount of $105,000 to sustain graffiti removal servi ces at the current service level.

The new contract with Graffiti Protective Coatings, Inc. reflects a nominal increase of approximately $6,000 per year compared to the prior contract. The existing General Fund allocation remains sufficient to fully cover the new contract costs. The Department will absorb the additional expense through its annual operating budget without requiring any further appropriations.

The total not-to-exceed amounts for the contract are as follows:

1. Fiscal Year 2025–26 $291,471.30 (partial contract year)

2. Fiscal Year 2026-27 $488,919.60

3. Fiscal Year 2027-28 $488,919.60

RECOMMENDATION

It is recommended that the City Council:
 Approve to dispense of the bidding process pursuant to Garden Grove Municipal Code Section 2.50.060 (E) and approve the use of the City of Bell’s competitively bid contract (PW25-004) with Graffiti Protective Coatings Inc., as the basis for this agreement;
 Approve a contract with Gr affiti Protective Coatings Inc. for citywide graffiti removal services in the amounts not to exceed $291,471.30 for F iscal Year 2025–26, $488,919.60 for Fiscal Year 2026-27 and $488,919.60 for Fiscal Year 2027-28;
 Authorize the City Manager, or designee, to execute the agreement, exercise option years, or any amendments as needed.

By: Raul Leyva, Streets Division Supervisor

ATTACHMENT(S)
227
Item 426/2025

1. Attachment A

2. Piggy Back Contract

3. Exhibit A City of Bell Contract

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1 GRAFFITI REMOVAL AGREEMENT

THIS AGREEMENT is made this day of , 2025, by the CITY OF GARDEN GROVE , a municipal corporation, ("CITY") and Graffiti Protective Coatings, Inc., here in after referred to as “CONTRACTOR”.

RECITALS

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove City Council authorization, dated ______________.

2. CITY desires to utilize the services of CONTRACTOR to Furnish Materials, Equipment, and Labor for Graffiti Abatement Services on an as-needed basis.

3. The services and prices provided by Contractor to City are in accordance with the services, equipment and the prices provided by Contractor in its successful public bid to the City of Bell. Contractor agrees to honor the same pricing schedule that was originally submitted to the City of Bell for the services outlined in this Agreement, which was adopted by the City of Bell’s City Council on July 23, 2025. A copy of the City of Bell’s agreement is attached as Exhibit “A” and incorporated herein by reference.

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term and Termination . The initial term of the agreement shall be from December 1, 2025 through June 30, 2028 with an option to extend said agreement for an additional two (2) fiscal years, for a total performance period of thirty-one (31) months. Option years shall be exercised one (1) fiscal year at a time, at the sole option of the CITY, and are contingent upon the City of Bell exercising the renewal options. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with City of Bell’s contract (Exhibit “A”). Contractor is required to present evidence to support performed work completion.

2. Services to be Provided . The services to be performed by CONTRACTOR shall consist of tasks as set forth in the Proposal. The Proposal is incorporated herein by reference. The Proposal and this Agreement do not guarantee any specific amount of work.

3. Compensation. CONTRACTOR shall be compensated as follows:
239
2 3.1 AMOUNT. Compensation under this agreement shall be as follows, for two trucks, in arrears and in accordance with the pricing per the City of Bell’s Contract in Exhibit “A” and the Proposal, Attachment “A”, through June 30, 2028.

1. December 1, 2025-June 30, 2026-$291,471.30

2. July 1, 2026-June 20, 2027-$488,919.60

3. July 1, 2027-June 30, 2028-$488,919.60

3.2 Payment. For work under this Agr eement, payment shall be made per invoice for work completed. As a prerequisite to payment, the Contractor shall submit by the thirtieth (30) day of each month an original invoice, on Contractor's letterhead giving the address of each completed job, the me thod of removal, the square footage and unit costs, and the totals. Separate invoicing may be requested for different locations due to the apprehension of individuals caught vandalizing walls or other property in the City. For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on the City of Bell’s Contract (Exhibit “A”).

3.3 Records of Expenses. CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY.

3.4 Termination. CITY and CONTRACTOR shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of te rmination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.

4. Insurance requirements.

4.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance and provide a Waiver of Subrogation in favor of the City.

4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable.
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3 4.3 INSURANCE AMOUNTS . CONTRACTOR shall maintain the following insurance for the duration of this Agreement:

(a) Commercial general liability in an amount of
$1,000,000.00 per occurrence: claims made a nd
modified occurrence policies are not
acceptable); Insurance companies must be
acceptable to CITY/AGENCY and have a Best’s Guide
Rating of A- Class VII or better, as approved by the
CITY/AGENCY.

(b) Automobile liability in an amount of $1,000,000.00
per occ urrence. Insurance companies must be
acceptable to CITY/AGENCY and have a Best’s
Guide Rating of A- Class VII or better, as approved
by the CITY/AGENCY.

An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insura nce and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

For any claims related to this Agreem ent, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, it’s officers, officials, employees, agents, and volunteers. Any insurance or self - insurance maintained by the CITY, it’s officers, officials, employees, agents, and volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

5. Non-Liability of Officials and Employees of the City. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CIT Y, or for any amount which may become due to CONTRACTOR.

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4 6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.

7. Independent Contractor. It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.

8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

CONTRACTOR shall comply with, and shall be responsible for causing all contractors and subcontractors performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The City makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.

9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice.

These addresses shall be used for delivery of service of process.

a. (Contractor)
Graffiti Protective Coatings Inc.

Attention: Carla Lenhoff, President
4624 Florence Avenue
Bell, CA 90201

b. (Address of City) (with a copy to):

City of Garden Grove Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840

10. CONTRACTOR'S PROPOSAL. This Agreement shall include CONTRACTOR'S proposal or bid which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the proposal an d this Agreement, this Agreement shall govern.

11. Licenses, Permits, and Fees . At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.

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5 12. Familiarity with Work . By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restriction s of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk, until written instructions are received from CITY.

13. Time of Essence . Time is of the essence in the performance of this Agreement.

14. Limitations Upon Subcontracting and Assignment . The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed.

Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directl y with and will make all payments to CONTRACTOR.

15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.

16. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing coven ant with rights to enforce the same as against the CONTRACTOR.

17. Indemnification. CONTRACTOR agrees to protect, defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by CONTRACTOR, CONTRACTOR'S agents, officers, employees, subcontractors, or independent contractors hired by CONTRACTOR. The only exception to CONTRACTOR'S 243
6 responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY, or any of its elective or appointive boards, officers, agents, or employees.

This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification t o be provided by CONTRACTOR.

18. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are no t made, this Agreement shall automatically terminate without penalty to the CITY.

\ \ \ \

\ \ \ \

(Agreement Signature Block on Next Page)

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7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: _____________ "CITY"

CITY OF GARDEN GROVE

By:___________________________
City Manager
ATTESTED:

____________________________
City Clerk

Date: _______________________

"CONTRACTOR"
Graffiti Protective Coatings, Inc.

By: ___________________________

Name:__________________________

Title:___________________________

Date: __________________________

Tax ID No. ______________________

Contractor’s License: _____________

Expiration Date:_________________

If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.

APPROVED AS TO FORM:

____________________________
Garden Grove City Attorney

________________________
Date
245
B, CwvfBeLL
Date: ugust 6,2025
Carla hofl President
Graffiti Protective Services
ce Avenue
9020r
Su
As
Contract Award and Next Steps - Graffiti Abatement Services 4624
Bell,
Dear Lenhoff,
to
followi steps:

Once
you wi
Please
reach
with
by the Bell City Council during its regular meeting on July 23, 2025, Graffiti Services (GPC) has been awarded the contract for Graffiti Abatement Services. In order with fully executing the agreement, we will need your assistance in completing the the Agreement:
lease review and sign both enclosed Contract Services Agreements. All signatures must notarized.If you have any questions or need clarification on any of the terms, feel free reach out.

Required Insurance Certifi cates :
specified in the agreement, please submit current certificates of insurance, including rsements naming the City of Bell as an additional insureid. ubmit a W-9 Form (only if you have acquired recent changes):
or our records and to ensure timely processing of payments, please provide a completed signed IRS Form W-9. You may send the W-9 directly to me via email. siness License:
fnot already on file, please provide a copy ofyour current business license. have received all ofthe above, we will frnalize the execution ofthe agreement and provide a fully signed copy for your records.
:me know if you have any questions or need any assistance with these items. You may at (323) 923-2627 or via-email at [email protected]. We look forward to working and appreciate your prompt attention to this matter.

Analyst, Public Works Department
6330 Pine Avenue, Bell, California 90201
Phone (323) 588-6211 - Fax (323) 771-9473 - www.cityofbell.org Ji:nitbr
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01 135

CONTRACT SE RVICES AGREEMENT
By ond Between

CIIY OF BELT
GRAFFITI PROTECTIVE COATINGS, INC.
)006 201 3032.2
ond
CA-I
247
THIS
in,o
city

AGREEMENI FOR CONTRACT SERVICES
BETWEEN IHE CITY OF BEtt AND
GRAFFIII PROTECIIVE COATINGS, INC.

GREEMENI/FOR CONTRACT SERVICES (herein "Agreement") is mode ond entered .:^ Ml F ..t^., ^r r, ,r., "r^.rE L-., ^^-J L-^+.^,^^^ +r^^ ,^i+r, ^r D^tt ^ tatifarnia ^t-,arl^,al P doy of July,2025 by ond between the City of Bell, o Colifornio chorier _+
("Cityr') ond Groffiti Protective Cooiings, lnc., o Colifornio corporotion o
d
("c troctor"). City ond Controctor moy be referred to, individuolly or collectively, os II
or "Porties."

RECITATS
A. City hos sought, by issuonce of o Request for Proposols or lnvitotion for Bids, the ormonce of the services defined ond described porticulorly in Article I of this nt.

Controctor, following submission of o proposol or bid for the performonce services defined ond descrlbed porticulorly ln Article I of this Agreement, wos ted by the City to perform those services.

Pursuont to the City of Bell MunicipolCode, City hos outhority to enter into this Agreement.

D. The Porties desire to formolize the selection of Controctor for performonce t services defined ond described porticulorly in Article I of this Agreement ond thot the terms of thot performonce be os porticulorly defined ond described

OPERATIVE PROVISIONS
NOW, THEREFORE, in considerotion of the mutuol promises ond covenonts mode Porties ond contoined herein ond other considerotion, the volue ond odequocy ore hereby ocknowledged, the porties ogree os follows:

LE 1. SERVICES OF CONTRACTOR
l.l Scope of Services.
ln complionce with oll terms ond conditions of this Agreement, the Controctor sholl e those services specified in the "Scope of Services" ottoched hereto os Exhibit "A" incorporoted herein by this reference, which moy be refened to herein os the ices" or "work" hereunder. As o moteriol inducement io the City entering into this Controctor represents ond wononts thot it hos the quolificotions, nce, ond focilities necessory to properly perform the services required under this Agr
p=r
foitl
t in o thorough, competent, ond professionol monner, ond is experienced in lng the work ond services contemploted herein. Coniroctor sholl of oll times , competently ond to the best of its obility, experience ond tolent, perform oll es described herein. Controctor covenonts thot it sholl follow the highest onol stondords in performing the work ond services required hereunder ond thot b,r
OI'
AR
ord
tt-^-
2013032.2 cA-2
248
teriols will be both of good quolity os well os fit for the purpose intended. For of this Agreement, the phrose "highest professionol stondords" sholl meon those s of proctice recognized by one or more first-closs firms performing similor work similor circumstonces.

Controctor's Proposol.

The Scope of Services sholl include the Controctor's scope of work or bid which incorporoted herein by this reference os though fully set forth herein. ln the event inconsistency between the terms of such proposol ond this Agreement, the terms Agreement sholl govern.

1.3 Complionce wilh Low.

Controctor sholl keep itself informed concernlng, ond sholl render oll services in occordonce wiih, ollordinonces, resolutions, stotutes, rules, ond regulotions Ciiy ond ony Federol, Stote or locol governmentol entity hoving jurisdiction in t of the time service is rendered.

1.4 licenses. Permils. Fees ond Assessmenls.

Controctor sholl obtoin of its sole cost ond expense such licenses, permits ond ls os moy be required by low for the performonce of the services required by this . Controctor sholl hove the sole obligotion to poy for ony fees, ossessments plus opplicoble penolties ond interest, which moy be imposed by low ond

1.2 ol
o
sl^
ol
ol
olt
Arlr
ond
this
from or ore necessory for the Controctor's performonce of the services required by t, ond sholl indemnify, defend ond hold hormless City, iis officers, or ogents of City, ogoinst ony such fees, ossessments, toxes, penolties or levied, ossessed or imposed ogoinst City hereunder.

1.5 Fomilioritu wiih Work.

By executing this Agreement, Controctor wononts thot Controctor (i) hos rly investigoted ond considered the scope of services to be performed, (ii) hos considered how the services should be performed, ond (iii) fully understonds the fcc ies, difficulties ond restrictions ottending performonce of the servlces under this . lf the services involve work upon ony site, Controctor wononts thot or hos or will investigote ihe site ond is or will be fully ocquointed with the itions there existing, prior to commencement of services hereunder. Should the tor discover ony lotent or unknown conditions, which will moteriolly offect the of the services hereunder, Controctor sholl immediotely inform the City of foct ond sholl not proceed excepi of Controctor's risk untilwritten instructions ore from the Controct Officer.

1.6 Core of Work.

The Controctor sholl odopt reosonoble methods during the life of the Agreement tc ish continuous protectlon to the work, ond the equipment, moteriols, ts, plons, studies ond/or other components thereof to prevent popers,
losses ordoc
2013032.2 CA-3
249
ond sholl be responsible for oll such domoges, to persons or property, until tonce of the work by City, except such losses or domoges os moy be coused by cir own negligence.

Further Responsibilities of Porlies.

Both porties ogree to use reosonoble core ond diligence to perform their tive obligotions under this Agreement. Boih porties ogree to oct in good foith to ute oll insiruments, prepore oll documents ond toke oll octions os moy be necessory to cony out the purposes of this Agreement. Unless hereofter fied, neither porty sholl be responsible for the service of the other.

1.8 AdditionolServices.

City sholl hove the right of ony time during the performonce of the services, wiih involidoting this Agreemeni, to order extro work beyond thot specified in the of Services or moke chonges by oltering, odding to or deducting from soid work. h extro work moy be undertoken unless o written order is first given by the Controct er to the Controctor, incorporoting therein ony odjustment in (i) the Controct Sum octuol costs of the extro work, ond/or (ii) the time to perform this Agreement, soid odjustments ore subject to the written opprovol of the Coniroctor. Any se in compensotion of up to ten percent (10%) of the Controct Sum or $25,000, is less; or, in the time to perform of up to one hundred eighty (180) doys, moy be by the Controct Officer. Any greoter increoses, token either seporotely or lotively, must be opproved by the City Council. It is expressly understood by thot the provisions of this Section sholl not opply to services specificolly set in the Scope of Services. Controcior hereby ocknowledges thot it occepis the risk services to be provided pursuont to the Scope of Services moy be more costly consuming thon Controctor onticipotes ond thot Coniroctor sholl not be entitled ditionol compensotion therefor. City moy in its sole ond obsolute discretion hove work done by other Controctors. No cloims for on increose in the Controct Sum or for performonce sholl be volid unless the procedures estoblished in this Section ore

1.9 SpeciolRequirements.

Additionolterms ond conditions of this Agreement, if ony, which ore mode o port 'ore set forth in the "Speciol Requirements" ottoched hereto os Exhibit "B" ond oroted herein by this reference. ln the event of o conflict between the provisionstna olI "B" ond ony other provisions of this Agreement, the provisions of Exhibit "B" sholl LE2. COMPENSATION AND MEIHOD OF PAYMENT.

2.1 Conlroct Sum.

Subject to ony limitotions set forth in this Agreement, City ogrees to poy Controcior

1.7 N:

Cct
fcrt
tl-o
ort
tc<
the
'rcrr
ts specified in the "Schedule of Compensotion" ottoched hereto os Exhibit nd incorporoted herein by this reference. The totol onnuol compensotion, including 2013032.2 cA-4
250
ent for octuol expenses, sholl not exceed Two Hundred Forty Four Thousond Hundred Sixly Dollors (5244,460.00) (the "Controct Sum"), unless odditionol tion is opproved pursuont to Section 1.8.

2.2 Method of Compensotion.

The method of compensotion moy include: (i) o lump sum poyment upon tion; (ii) poyment in occordonce with specified tosks or the percentoge of of the services, less controct retention; (iii) poyment for time ond moteriols b: upon the Controctor's rotes os specified in the Schedule of Compensotion, p thot (o) time estimotes ore provided for the performonce of sub tosks, (b) c,)n ct retention is mointoined, ond (c) the Controct Sum is not exceeded; or (iv) such o methods os moy be specified in the Schedule of Compensotion.

2.3 Reimbursoble Expenses.

Compensotion moy include reimbursement for octuol ond necessory nditures for reproduction costs, telephone expenses, ond trovel expenses opproved e Controct Officer in odvonce, or octuol subconiroctor expenses of on opprovedb'1 73,
o'
SLI troctor pursuont to Section 4.5, ond only if specified in the Schedule of tion. The Controct Sum sholl include the ottendonce of Controctor of oll t meetings reosonobly deemed necessory by the City. Coordinotion of the nce of the work with City is o criticol component of the services. lf Controctor is ed to ottend odditionol meetings to focilitote such coordinotion, Controctor sholl n,>t entitled to ony odditionol compensotion for ottending soid meetings.

2.4 lnvoices.

Eoch month Controctor sholl furnish to City on originol invoice for oll work ond expenses incurred during the preceding month in o form opproved by Gtv Director of Finonce. By submitting on invoice for poyment under this Agreement, tor is certifying complionce with oll provisions of the Agreement. The invoice sholl c,ln in oll informotion specified in Exhibit "C", ond sholl deioil chorges for oll necessory o octuol expenses by the following cotegories: lobor (by sub-cotegory), trovel, rro ls, equipment, supplies, ond sub-controctor controcts. Sub-controctor chorges sl-r olso be detoiled by such cotegories. Controctor sholl not invoice City for ony d services performed by more thon one person.

City sholl independently revlew eoch invoice submitted by the Controctor to d ine whether the work performed ond expenses incuned ore in complionce with tl-e s of this Agreement. Except os to ony chorges for work performed or nses incuned by Controctor which ore disputed by City, or os provided in Section ity will use its best efforts to couse Controctor to be poid within forty-five (45) doys ipt of Controctor's conect ond undisputed involce; however, Controcior o
gJ
e:<i
for
edges ond ogrees thot due to City worront run procedures, the City connot ee thoi poyment will occur within this time period. ln the event ony chorges or nses ore disputed by City, the originol invoice sholl be returned by City to Controctor tion ond resubmission. Review ond poyment by City for ony invoice provided 2013032.2 CA-5
251
bvt
oro
Controctor sholl not constitute o woiver of ony rights or remedies provided herein opplicoble low.
the
by
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dek

2.5 Woiver.

Poyment to Controctor for work performed pursuont to this Agreement sholl not to woive ony defects in work performed by Controctor.

3. PERFORMANCE SCHEDUTE

3.1 Time of Essence.

Time is of the essence in the performonce of this Agreement.

3.2 Schedule of Performonce.

Controctorsholl commence the services pursuont to this Agreement upon receipt notice to proceed ond sholl perform oll services within the time period(s) ed in the "schedule of Performonce" ottoched hereto os Exhibit "D" ond ted herein by this reference. When requested by the Controctor, extensions to period(s) specified in the Schedule of Performonce moy be opproved in writing e Controct Officer but not exceeding one hundred eighty (.l80) doys cumulotively.

3.3 Force Moieure.

The time period(s) specified in the Schedule of Performonce for performonce of es rendered pursuont to this Agreement sholl be extended becouse of ony due to unforeseeoble couses beyond the control ond without ihe foult or ence of the Controctor, including, but not restricted to, octs of God or of the public , unusuolly severe weother, fires, eorthquokes, floods, epidemics, quorontine tions, riots, strikes, freight emborgoes, wors, litigotion, ond/or octs of ony mentol ogency, including the City, if the Controctor shollwithin ten (10) doys of ommencement of such deloy notify the Controct Officer in writing of the couses of . The Controct Officer sholl oscertoin the focts ond the extent of deloy, ond the time for performing the services for the period of the enforced deloy when in the judgment of the Controct Officersuch deloy is justified. The Controct Officer's inotion sholl be finol ond conclusive upon the porties to this Agreement. ln no sholl Controctor be entitled to recover domoges ogoinst the City for ony deloy in e of this Agreement, however coused, Controctor's sole remedy being e of the Agreement pursuont to this Section.

3.4 Term.

Unless eorlier terminoted in occordonce with Ariicle 7 of this Agreement, this Arlr nt sholl continue in full force ond effect until completion of the services but not three (3) yeors from the dote hereof, except os otherwise provided in the le of Performonce (Exhibit "D"). The City moy, in its sole discretion, extend the Term (2) odditionol one-yeor terms.
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2013032.2 CA-6
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tE 4. COORDINATION OF WORK

4.1 Representolivesond PersonnelofControclor.

The following principols of Controctor ("Principols") ore hereby designoted os the principols ond representotives of Controctor outhorized to oct in its beholf with to the work specified herein ond moke oll decisions in connection therewith:

Carla Lenhoff
(Nome)
Pedro Chavez
(Nome)
Jesus Rodriquez
(Nome)
(Title)
Project Manager
President
(Title)
Area Manager
(Title)
n opprovol of City. Additionolly, Controctor sholl utilize only competent personnel 'orm seryices pursuont to this Agreement. Controctor sholl moke every reosonoble to mointoin the stobiliiy ond continuity of Controctor's stoff ond subcontroctors, if ony ossigned to perform the services required under this Agreement. Controctor sholl City of ony chonges in Controctor's stoff ond subcontroctors, if ony, ossigned to the services required under this Agreement, prior to ond during ony such

4.2 Stotus of Controctor.

Controctor sholl hove no outhority to bind City in ony monner, or to incur ony ion, debt or liobility of ony kind on beholf of or ogoinst City, whether by controct ol
o-
'ise, unless such outhority is expressly conferred under this Agreement or is expressly confened in writing by City. Controctor sholl not of ony time or in ony Prin
nor
rro
ore
It is expressly understood thoi the experience, knowledge, copobility ond of the foregoing principols were o substontiol inducement for City to enter inio . Therefore, the foregoing principols sholl be responsible during the term Agreement for directing oll octiviiies of Controctor ond devoting sufficient time to lly supervise the services hereunder. All personnel of Controctor, ond ony ized ogents, sholl of oll iimes be under the exclusive direction ond control of the ls. For purposes of this Agreement, the foregoing Principols moy not be reploced their responsibilities be substontiolly reduced by Controctor without the express represent thot Controcior or ony of Controctor's officers, employees, or ogents ony monner officiols, officers, employees or ogents of City. Neither Controctor, nor Controctor's officers, employees or ogents, sholl obtoin ony rights to retirement,ony 2013032.2 CA-7
ihfs
olt
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core or ony oiher benefiis which moy otherwise occrue to City's employees. tor expressly woives ony cloim Controctor moy hove to ony such rights.

4.3 Controct Otficer.

The Controct Officer sholl be Kenneth Jones. Public Works Director, or such person be designoted by the City Monoger. lt sholl be the Controctor's responsibility to o thot the Controct Officer is kept informed of the progress of the performonce of ices ond the Controctor sholl refer ony decisions which must be mode by City to ontroct Officer. Unless otherwise specified herein, ony opprovol of City required nder sholl meon the opprovol of the Controct Officer. The Controct Officer sholl outhority, if specified in writing by the City Monoger, to sign oll documents on beholf City required hereunder to corry out the terms of this Agreement.

4.4 lndependenl Conlroclor.

Neliher the City nor ony of its employees sholl hove ony control over the monner, or meons by which Controctor, its ogents or employees, perform the services herein, except os otherwise set forth herein. City sholl hove no voice in the tion, dischorge, supervision or control of Controcior's employees, servonts, totives or ogents, or in fixing their number, compensotion or hours of service. ctor sholl perform oll services required herein os on independent controctor of ctv nd sholl remoin of oll times os to City o wholly independent controctor wlth only SLC obligotions os ore consistent with thot role. Controctor sholl not of ony time or in ony mo represent thot it or ony of its ogents or employees ore ogents or employees of ctv City sholl not in ony woy or for ony purpose become or be deemed to be o portner ol troctor in its business or otherwise or o joint venturer or o member of ony joint ent

4.5 Prohibition Aooinsl Subconlroctinq or Assiqnment.

The experience, knowledge, copobility ond reputotion of Controcior, its principols ployees were o substontiol inducement for the City to enter into this Agreement. , Controctor sholl not controct with ony other entity to perform in whole or in he services required hereunder without the express written opprovol of the Ciiy. ln , neither this Agreement nor ony interest herein moy be tronsfened, ossigned, , hypothecoted or encumbered voluniorily or by operotion of low, whether for t of creditors or otherwise, withoui the prior written opprovol of City. Tronsfers hereunder sholl include the tronsfer to ony person or group of persons octing in of more thon twenty five percent (25%) of the present ownership ond/or control ol troctor, toking olltronsfers into occount on o cumulotive bosis. ln the event of ony the
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unopproved tronsfer, including ony bonkruptcy proceeding, this Agreement sholl id. No opproved tronsfersholl releose the Controctor or ony surety of Controctor of bility hereunderwithout the express consent of City.ony 2013032.2 CA-8
with Controctor.
254
gen
fcrn

INSURANCE AND INDEMNIFICAIION

5.1 lnsuronce Coverooes.

Without limiting Controctor's indemnificotion of City, ond priorto commencement services under this Agreement, Controctor sholl obtoin, provide ond mointoin ot expense during the term of this Agreement, policies of insuronce of the type ond is described below ond in o form sotisfoctory to City.
(o) Generol liobility insuronce. Controctor sholl mointoin commerciol liobility insuronce with coveroge of leost os brood os lnsuronce Services Office CG 00 01, in on omount not less thon $5,000,000 per occulrence, $10,000,000 gen oggregote, for bodily injury, personol injury, ond property domoge. The policy include controctuol liobility thot hos not been omended. Any endorsement ing stondord ISO "insured controct" longuoge will not be occepted. (b) Automobile liobility insuronce. Controctor sholl mointoin outomobile nce of leost os brood os lnsuronce Services Office form CA 00 0l covering bodily ond property domoge for oll octivities of the Controctor orising out of or in C tion wiih Services to be performed under this Agreement, including coveroge for ony , hired, non-owned or rented vehicles, in on omount not less thon $5,000,000 C single limit for eoch occident.
(c) Professionol liobilitv (enors & omissions) insuronce. Controctor sholl toin professionol liobility insuronce thot covers the Services to be performed in tion with this Agreement, in the minimum omount of $2,000,000 per cloim ond incor the
C(
se es required by this Agreement.
. Any policy inception dote, continuity dote, or retrooctive dote must be the effective dote of this Agreement ond Controctor ogrees to mointoin coveroge through o period no less thon five (5) yeors ofter completion of the (d) Workers' compensotion insuronce.
' Compensotion lnsuronce (Stotutory Limits) ond
Controctor sholl mointoin
Employer's Liobility lnsuronce
limits of ot leost $.|,000,000).
(e) Subcontroctors. Controctor sholl include oll subcontroctors os under its policies or sholl furnish seporote certificotes ond certified endorsementsin.:r fcr ch subcontroctor. All coveroges for subcontroctors sholl include oll of the ts stoted herein.
(f) Additionol lnsuronce. Policies of such other insuronce, os moy be red in the Speciol Requirements in Exhibit "B".

5.2 Generol lnsuronce Reouiremenls.
icC
(o) Proof of insuronce. Controctor sholl provide certificotes of insuronce os evidence of the insuronce coveroge required herein, olong with o woiver of tion endorsement for workers' compensotion. lnsuronce certificotes ond must be opproved by Ciiy's Risk Monoger prior to commencement of SL
2013032.2 CA-9
ol
its
255
pErf once. Cunent certificotion of insuronce sholl be kept on file with City of olltimes dr-,rri the term of this Agreement. City reseryes the right to require complete, certified of ollrequired insuronce policies, of ony time.
d,rr
(b) Durotion of coveroge. Controctor sholl procure ond mointoin for the of this Agreement insuronce ogoinst cloims for injuries to persons or domoges to , which moy orise from or in connection with the performonce of the Services by Controctor, its ogents, representotives, employees or subcontroctors. (c) Primorv/noncontributing. Coveroge provided byConiroctorsholl be ond ony insuronce or self-insuronce procured or mointoined by City sholl not be to contribute with it. The limits of insuronce required herein moy be sotisfied by of primory ond umbrello or excess insuronce. Any umbrello or excess sholl contoin or be endorsed to contoin o provision thot such coveroge sholl obo ly on o primory ond non-contributory bosis for the benefit of City before the City's insuronce or self-lnsuronce sholl be colled upon to protect it os o nomed insured. re
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t reploced, City hos the right but not the duty to obtoin the insuronce it deems ond ony premium poid by City will be promptly reimbursed by Controctor or ll withhold omounts sufficient to poy premium from Controcior poyments. ln the o tive, City moy concelthis Agreement.
(e) Acceptoble insurers. All insuronce policies sholl be issued by on b
e compony cunently outhorized by the lnsuronce Commissioner to tronsoct of insuronce or thot is on the List of Approved Surplus Line lnsurers in the Stote of Crli io, with on ossigned policyholders' Roting of A- (or higher) ond Finonciol Size Cr Closs Vl (or lorger) in occordonce with the lotest edition of Best's Key Roting e, unless otherwise opproved by the City's Risk Monoger. req
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(d) Citv's rights of enforcement. ln the event ony policy of insuronce under this Agreemeni does not comply with these specificotions or is conceled (f) Woiver of subroqotion. All insuronce coveroge mointoined or pursuont to this ogreement sholl be endorsed to woive subrogotion ogoinst its elected or oppointed officers, ogents, officiols, employees ond volunteers or sholl ificolly ollow Controctor or others providing insuronce evidence in complionce with specificotions to woive their right of recovery prior to o loss. Controctor hereby its own right of recovery ogoinst City, ond sholl require similor written express ond insuronce clouses from eoch of its subcontroctors.
(g) Enforcement of controct provisions (non-estoppel). Controctor the City to
odditionol
ond ogrees thot ony octuol or olleged foilure on the port of Controctor of non-complionce with ony requirement imposes no tions on the City nor does it woive ony rights hereunder. (h) Requirements not limiting. Requirements of specific coveroge or limits contoined in this section ore not intended os o limitotion on coveroge, or other requirements, or o woiver of ony coveroge normolly provided by ony nce. Specific reference io o given coveroge feoture is for purposes of clorificotion linii
insu
2013032.2 CA-IO
256
rr(
en
only os it pertoins to o given issue ond is not intended by ony porty or insured to be oll , or to the exclusion of other coveroge, or o woiver of ony type. lf the Controctor toins higher limits thon the minimums shown obove, the City requires ond sholl be to coveroge for the higher limits mointoined by the Controctor. Any ovoiloble proceeds in excess of the specified minimum limits of insuronce ond coveroge be ovoiloble to the City.
(i) Notice of concellotion. Controctor ogrees to oblige its insuronce t or broker ond insurers to provide to City with o thirty (30) doy notice of concellotion t for nonpoyment for which o ten (,l0) doy notice is required) or nonrenewol of ge for eoch required coveroge.
end
(j) Additionolinsured stotus. Generol liobility policies sholl provide or be to provide thot City ond its officers, officiols, employees, ond ogents, ond sholl be odditionol insureds under such policies. This provision sholl olso opply too y excess/umbrello liobiliiy policies.
(k) Prohibition of undisclosed coveroge limitotions. None of the es required herein will be in complionce with these requirements if they include o1y limiting endorsement of ony kind thot hos not been first submitted to City ond oved of in writing.
(l) Seporotion of insureds. A severobility of interests provision must opply I odditionol insureds ensuring thoi Controctor's insuronce sholl opply seporotely to insured ogoinst whom cloim is mode or suit is brought, except with respect to the 's limits of liobility. The policy(ies) sholl not contoin ony cross-liobility exclusions. (m) Poss through clouse. Controctor ogrees to ensure thot its ontroctors, subcontroctors, ond ony other porty involved with the project who is onto or involved in the project by Controctor, provide the some minimum e coveroge ond endorsements required of Controctor. Controctor ogrees to rT or ond review ollsuch coveroge ond ossumes ollresponsibility for ensuring thot such fcr
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e is provided in conformity with ihe requirements of this section. Controctor es thot upon request, oll ogreements with Controctors, subcontroctors, ond others erg in the project will be submiiied to City for review. (n) Aoencv's right to revise soecificotions. The City reserves the right ot during the term of the controct to chonge the omounts ond types of insuronce by giving the Controctor ninety (90) doys odvonce written notice of such e. lf such chonge results in substontiol odditionol cost to the Controctor, the City o-rd troctor moy renegotiote Controctor's compensotion. (o) Self-insured retentions. Any self-insured retentions must be declored opproved by City. City reserves the right io require thot self-insured retentions be ted, lowered, or reploced by o deductible. Self-insuronce will not be considered ly with these specificotions unless opproved by City.icr c 2013032.2 CA-I I
o1y
257
noti
juJi
under this Agreement, ond thot involve or moy involve coveroge under ony the required liobility policies.
(q) Additionol insuronce. Controctor sholl olso procure ond mointoin, ot cost ond expense, ony odditionol kinds of insuronce, which in its own judgment be necessory for its proper protection ond prosecution of the work. lndemnificolion.

To the full extent permitted by low, Controctor ogrees to indemnify, defend ond hormless the City, its officers, employees ond ogents ("lndemnified Porties") ogoinst, or-rd hold ond sove them ond eoch of them hormless from, ony ond oll octions, either odministrotive, orbitrotion or regulotory cloims, domoges to persons or property, costs, penolties, obligotions, errors, omissions or liobilities whether octuol or tened (herein "cloims or liobilities") thot moy be osserted or cloimed by ony person, firn entity orising out of or in connection with the negligent performonce of the work, tions or octivities provided herein of Controctor, its officers, employees, ogents, SL troctors, or invitees, or ony individuol or entity forwhich Controctor is legolly lioble ("in itors"), or orising from Controctor's or indemnitors' reckless orwillful misconduct, oro ing from Controctor's orindemnitors' negligent performonce of orfoilure to perform (p) Timely notice of cloims. Controctorshollgive City prompt ond timely of cloims mode or suits instituted thot orise out of or result from Controctor's term, provision, covenont or condition of this Agreement, ond in connection ih:

5.3 ony
ther
(c)
(1,)
Controctor will defend ony oction or octions filed in connection with ony of soid cloims or liobilities ond will poy ollcosts ond expenses, including legol costs ond ottorneys' fees incuned in connection therewith;
Controctorwill promptly poy ony judgment rendered ogoinst the City, its officers, ogents or employees for ony such cloims or liobilities orising out of or in connection with the negligent performonce of or follure to perform such work, operotions or octivities of Controctor hereunder; ond Controctor ogrees to sove ond hold the City, its officers, ogents, ond employees hormless therefrom; ln the event the City, its officers, ogents or employees is mode o porty to ony oction or proceeding filed or prosecuted ogoinst Controctor for such domoges or other cloims orising out of or in connection with the negligent performonce of or foilure to perform the work, operotion or octivities of Controctor hereunder, Controctor ogrees to poy to the City, its officers, ogents or employees, ony ond oll costs ond expenses incuned by the City, its officers, ogents or employees in such oction or proceeding, including but not limited to, legolcosts ond ottorneys' fees.

Controctor sholl incorporote similor indemnity ogreements with its subcontroctors if it foils to do so Controctor sholl be fully responsible to indemnify City hereunder (c)
ord
or
p3
il- , ond foilure of City to monitor complionce with these provisions sholl not be o hereof. This indemnificotion includes cloims or liobilities orising from ony negligent oct, enor or omission, or reckless or willful misconduct of Controctor in the nce of professionol services hereunder. The provisions of this Section do not 2013032.2 CA-12
258
rec
be
to cloims or liobilities occuning os o result of City's sole negligence orwillful octs or but, to the fullest exient permitted by low, sholl opply to cloims ond liobilities resul in port from City's negligence, except thot design professionols' indemnity nder sholl be limited to cloims ond liobilities orising out of the negligence, ness orwillful misconduct of the design professionol. The indemnity obligotion sholl g on successors ond ossigns of Controctor ond sholl survive terminotion of this tE 6. RECORDS. REPORTS. AND RETEASE OF INFORMATION

6.1 Records.

Controctor sholl keep, ond require subcontroctors to keep, such ledgers, books of nts, invoices, vouchers, conceled check, reports, studies or other documents to the disbursements chorged to City ond services performed hereunder (the ond records"), os sholl be necessory to perform the services required by this ond enoble ihe Controct Officer to evoluote the performonce of such . Any ond ollsuch documents sholl be mointoined in occordonce with generolly ted occounting principles ond sholl be complete ond detoiled. The Controct sholl hove full ond free occess to such books ond records of oll times during business hours of City, including the right to inspect, copy, oudit ond moke records s from such records. Such records sholl be mointoined for o period of three following completion of the services hereunder, ond the City sholl hove occess ch records in the event ony oudit is required. ln the event of dissolution of tor's business, custody of the book ond records moy be given to City, ond sholl be provided by Controctor's successor in interest. Notwithstonding the , the Controctorsholl fully cooperote with the City in providing occess to the book OCC
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ords if o public records request is mode ond disclosure is required by low including limited to the Colifornio Public Records Act.

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6.2 Reporls.

Controctor sholl periodicolly prepore ond submit to the Controct Officer such concerning the performonce of the services required by this Agreement os the 'oct Officer sholl require. Controctor hereby ocknowledges thot the City is greotly obout the cost of work ond services to be performed pursuont to this ment. For this reoson, Controctor ogrees thot if Controctor becomes owore of ony circumstonces, techniques, or events thot moy or will moteriolly increose or the cost of the work or services contemploted herein or, if Controctor is design services, the cost of the project being designed, Controctor sholl tly notify the Controct Officer of soid foct, circumstonce, technique or event ond e timoted increosed ordecreosed cost reloted thereto ond, if Controctoris providing services, the estimoted increosed or decreosed cost estimote for the project designed.

CA-I3
259
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6.3 Ownership of Documents.

All drowings, specificotions, mops, designs, photogrophs, studies, surveys, doto, computer files, reports, records, documents ond other moterlols (the "documents eriols") prepored by Controctor, its employees, subcontroctors ond ogents in 'ormonce of this Agreement sholl be the property of City ond sholl be delivered upon request of the Controct Officer or upon the terminotion of this Agreement, ontroctor sholl hove no cloim for further employment or odditionol compensotion of the exercise by City of its full rights of ownership use, reuse, or ossignment of ocuments ond moteriols hereunder. Any use, reuse or ossignment of such documents for other projects ond/or use of uncompleted documents without : written outhorizotion by the Controctor will be of the City's sole risk ond without to Controctor, ond Controctor's guorontee ond worronties sholl not extend to use, reuse or ossignment. Controctor moy retoin copies of such documents for its use. Controctor sholl hove the right to use the concepts embodied therein. All public domoin or olreody known to Controctor. Controctor sholl not releose or ony such informotion or work product to persons or entities other thon City priorwritten outhorizotion from the Controct Officer.
(b) Controctor, its officers, employees, ogents or subcontroctors, sholl t prior written outhorizotion from the Controct Officer or unless requested by ty Attorney, voluntorily provide documents, declorotions, letters of support, ond
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SL troctors sholl provide for ossignment to City of ony documents or moteriols 'ed by them, ond in the event Controctor foils to secure such ossignment, Cr 'octorshollindemnify Cityforolldomoges resulting therefrom. Moreover, Controctor wth to ony documents ond moteriols thot moy quolify os "works mode for hire" o5 fined in l7 U.S.C. S l0l, such documents ond moteriols ore hereby deemed "works for h[re" for the City.

6.4 Confidenliolitv ond Releose of lnformolion.
(o) All informotion goined or work product produced by Controctor in of this Agreement sholl be considered confidentiol, unless such informotion be
suk
testi of depositlons, response to intenogotories or other informotion concerning the performed under ihis Agreement. Response to o subpoeno or court order sholl not "voluntory" provided Controctor gives City notice of such court order or Ccn
ctv
(c) lf Controctor, or ony officer, employee, ogent or subcontroctor of 'octor, provides ony informotion orwork product in violotion of this Agreement, then sholl hove the right to reimbursement ond indemnity from Controctor for ony d es, costs ond fees, including ottorney's fees, coused by or incuned os o result of 's conduct.
(d) Controctor sholl promptly notify City should Controctor, its officers, ogents or subcontroctors be served with ony summons, comploint, notice of deposition, request for documents, intenogotories, request for s or other discovery request, court order or subpoeno from ony porty regording 2013032.2 CA-I4
260
ment ond the work performed there under. City retoins ihe right, but hos no ion, to represent Controctor or be present of ony deposition, heoring or similor ng. Controctor ogrees to cooperote fully with City ond io provide City with the nity to review ony response to discovery requests provided by Controctor. , this right to review ony such response does not imply or meon the right by City ntrol, direct, or rewrite soid response.

ENFORCEMENT OF AGREEMENT AND IERMINATION

7.1 Colifornio Low.

This Agreement sholl be interpreted, construed ond governed both os to volidity performonce of the porties in occordonce wiih the lows of the Stote of Colifornio.ond \/h
octions concerning ony dispute, cloim or motter orising out of or in relotion to this nt sholl be instituted in the Superior Court of the County of Los Angeles, Stote of io, or ony other oppropriote court in such county, ond Controctor covenonts ond to submit to the personoljurisdiction of such court in the event of such oction. ln the
Dst
nt of litigotion in o U.S. District Court, venue sholl lie exclusively in the Centrol t of Colifornio, in the County of Los Angeles, Stote of Colifornio.

7.2 Disputes'Defoull.
ln the event thot Controctor is in defoult under the terms of this Agreement, the ctv ll not hove ony obligotion or duty to continue compensoting Controctor for ony performed ofter the dote of defoult. lnsteod, the City moy give notice to Controctor ol defoult ond the reosons for the defoult. The notice sholl include the timefrome in Controctor moy cure the defoult. This timefrome is presumptively thirty (30) doys, br-.rl be extended, though not reduced, if circumstonces wonont. During ihe period ol ti thot Controctor is in defoult, the City sholl hold oll invoices ond sholl, when the def It is cured, proceed with poyment on the invoices. ln the olternotive, the City moy, in its discretion, elect to poy some or oll of the outstonding invoices during the period It. lf Controctor does not cure the defoult, the City moy toke necessory steps too1 te e this Agreement under this Article. Any foilure on the port of the City to give e of the Controctor's defoult sholl not be deemed to result in o woiver of ihe City's rights or ony rights orising out of ony provision of this Agreement.

Relention of Funds.

Controctor hereby outhorizes City to deduct from ony omount poyoble to tor (whether or not orising out of this Agreement) (i) ony omounts the poyment o' moy be in dispute hereunder or which ore necessory to compensote City for oly , costs, liobilities, or domoges suffered by City, ond (ii) oll omounts forwhich City rY be lioble to third porties, by reoson of Controctor's octs or omissions in performing orf ng to perform Controctor's obligotion under this Agreement. ln the event thot ony is mode by o third porty, the omount or volidity of which is disputed by Controctor, indebtedness sholl exist which sholl oppeor to be the bosis for o cloim of lien, City rrc
wit
withhold from ony poyment due, without liobility for interest becouse of such , on omount sufficient to cover such cloim. The foilure of City to exercise such leg

7.3 20't3032.2 CA-I5
261
righ to deduct or to withhold sholl not, however, offect the obligotions of the Controctor , indemnify, ond protect City os elsewhere provided herein.tc Woiver.

Woiver by ony porty to this Agreement of ony term, condition, or covenont of this A: sholl not constitute o woiver of ony other term, condiiion, or covenont.

Woi by ony porty of ony breoch of the provisions of this Agreement sholl not constitute of ony other provlsion or o woiver of ony subsequent breoch or violotion of ony ion of this Agreement. Accepionce by City of ony work or services by Controctor sholl not constitute o woiver of ony of the provisions of this Agreement. No deloy or ion in the exercise of ony right or remedy by o non-defoulting porty on ony defoult mpoir such right or remedy or be construed os o woiver. Any woiver by either porty y defoult must be in writing ond sholl not be o woiver of ony other defoult erning the some or ony other provision of this Agreement.

7.5 Riohts ond Remedies ore Cumulotive.

Except with respect to rights ond remedies expressly declored to be exclusive ln ement, the righis ond remedies of the porties ore cumulotive ond the exercise porty of one or more of such rights or remedies sholl not preclude the exercise it of the some or different times, of ony other rights or remedies for the some defoult other defoult by the other porty.

7.6 Leqol Action.

7.4 sl-
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It, to compel specific performonce of this Agreement, to obtoin declorotory or tive relief, or to obtoin ony other remedy consistent with the purposes of this rrfleflt. Notwithstonding ony controry provision herein, Controctor sholl file oA:
st tory cloim pursuont to Government Code Sections 905 et seq. ond 910 et seq., in ord to pursue o legol oction under this Agreement.

7.7 Terminolion Prior lo Expirolion of Term.

This Section sholl govern ony terminotion of thls Controct except os specificolly in the following Section for terminotion for couse. The City reseryes the right to ie e this Controct of ony time, with or without couse, upon thirty (30) doys' written lcur
noti,
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ln oddition to ony other rights or remedies, either porty moy toke legol oction, in in equity, to cure, conect or remedy ony defoult, to recover domoges for ony e to Controctor, except thot where terminotion is due to ihe foult of the Controctor, iod of notice moy be such shorter time os moy be determined by the Controct or
terr
ost
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terr
. ln oddition, the Controctor reserves the right to terminote this Controct of ony with orwithout couse, upon sixty (60) doys' written notice to City, except thotwhere tion is due io the foult of the City, the period of notice moy be such shorter time Controctor moy determine. Upon receipt of ony notice of terminotion, Controctor immediotely ceose oll services hereunder except such os moy be specificolly by the Controct Officer. Except where the Controctor hos initioted n, the Controctor sholl be entitled to compensotion for oll services rendered 2013032.2 CA-I6
262
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to the effective dote of the notice of terminotion ond for ony services outhorized by troct Officer thereofter in occordonce with the Schedule of Compensotion or os moy be opproved by ihe Controci Officer, except os provided in Section 7.3. ln vent the Controctor hos initioted terminotion, ihe Controctor sholl be entitled to tion only for the reosonoble volue of the work product octuolly produced . ln the event of terminotion without couse pursuont to this Section, the ing porty need not provide the non-terminoting porty wiih the opportunity to pursuont to Section 7.2.

Terminotion for Defoult of Controclor.
lf terminotion is due to the foilure of the Controciorto fulfillits obligotions under this ffieflt, City moy, ofter complionce with the provisions of Section 7.2, toke over the ond prosecute the some to completion by controct or otherwise, ond the tor sholl be lioble to the extent thot the totol cost for completion of the services ed hereunder exceeds the compensotion herein stipuloted (provided thot the City use reosonoble efforts to mitigoie such domoges), ond City moy withhold ony to the Controctor for the purpose of set-off or portiol poyment of the omounts the City os previously stoted.

7.? Atlornevs' Fees.
lf eiiher porty to this Agreement is required to initiote or defend or mode o porly oction or proceeding in ony woy connected with this Agreement, the prevoiling

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[n such oction or proceeding, in oddition to ony other relief which moy be gronted, legol or equitoble, sholl be entitled to reosonoble ottorney's fees. Attorney's fees de ottorney's fees on ony oppeol, ond in oddition o porty eniitled to ottorney's sholl be entitled to oll other reosonoble costs for investigoting such oction, toking itions ond discovery ond oll other necessory costs the court ollows which ore ed in such litigotion. All such fees sholl be deemed to hove occrued on ncement of such octlon ond sholl be enforceoble whether or not such oction is uied to judgment.
tE 8. CITY OFFICERS AND EMPTOYEES: NON-DISCRIMINATION

8.I Non-liobilitv of Cifu Officers ond Emplovees.

No officer or employee of the City shotl be personolly lioble to the Controctor, or ony in interest, in the event of ony defoult or breoch by the City or for ony o nt which moy become due to the Controctor or to its successor, or for breoch of o-]y tion of the terms of this Agreement.

8.2 Conflict of lnlerest.

Controctor covenonts thot neither it, nor ony officer or principol of its firm, hos or sl-r ocquire ony interest, directly or indirectly, which would conflict in ony monner with tl-e terests of City or which would in ony woy hinder Controctor's performonce of under this Agreement. Controctor further covenonts thoi in the performonce of ', no person hoving ony such interest sholl be employed by it os on officer,tl- is 2013032.2 CA-17
263
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, ogent or subcontroctor without the express written consent of the Controct :r. Controctor ogrees to of oll times ovoid conflicts of interest or the oppeoronce of onflicts of interest wiih the interests of City in the performonce of this Agreement.

No,
t. in, in this Agreement nor sholl ony such officer or employee porticipote in ony officer or employee of the City sholl hove ony finonciol interest, direct or reloting to the Agreement which offects her/his finonciol interest orthe finonciol of ony corporotion, portnership or ossociotion in which (s)he is, directly or tly, interested, in violotion of ony Stote stotute or regulotion. The Controctor rts thot it hos not poid or given ond will not poy or give ony third porty ony money I costs, including ottorneys' fees, incuned by City.
oro er considerotion for obtoining this Agreement.

Covenont Aqoinst Discriminolion.

Controctor covenonts thot, by ond for itself, its heirs, executors, ossigns, ond oll cloiming under or through them, thot there sholl be no discriminotion ogoinst or tion of, ony person orgroup of persons on occount of roce, color, creed, religion, nder, sexuol orlentotion, moritol stotus, notionol origin, oncestry or other protected in the performonce of this Agreement. Controctor sholl toke offirmotive oction to thot oppliconts ore employed ond thot employees ore treoted during without regord to their roce, color, creed, religion, sex, gender, sexuol totion, moritol stotus, notionol origin, oncestry or other protected closs.

8.4 Unouthorized Aliens.

Controctor hereby promises ond ogrees to comply with oll of the provisions of the lmmigrotion ond Notionolity Act, 8 U.S.C. S I l0l et seq., os omended, ond in tion therewith, sholl not employ unouthorized oliens os defined therein. Should tor so employ such unouthorized oliens for the performonce of work ond/or covered by this Agreemeni, ond should ony liobility or sonctions be imposed si City for such use of unouthorized oliens, Controctor hereby ogrees to ond sholl urse City for the cost of oll such liobilities or sonctions imposed, together wiih ony ond
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MISCETTANEOUS PROVISIONS

9.1 Nolices.

Any notice, demond, request, document, consent, opprovol, or communicotion porty desires or is required to give to the other porty or ony other person sholl be in ond either served personolly or sent by prepoid, first-closs moil, in the cose of the ctv
ond
to the City Monoger ond to the ottention of the Controct Officer (with her/his nome title), City of Bell, 6330 Pine Avenue, Bell, Colifornio 90201 ond in the cose of the octor, to the person(s) of the oddress designoted on the execution poge of ihis A3 . Either porty moy chonge its oddress by notifying the other porty of the of oddress in writing. Notice sholl be deemed communicoted of the time nol[ delivered or in seventy-two (72) hours from the time of moiling if moiled os ed in this Section.
cho
2013032.2 CA-I8
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lnterpretotion.

The terms of this Agreement sholl be construed in occordonce with the meoning longuoge used ond sholl not be construed for or ogoinst either porty by reoson of thorship of this Agreement or ony other rule of construction which mighi otherwise

9.3 Counterporls.

This Agreement moy be executed in counterports, eoch of which sholl be such counterporls sholl constitute one ond the someto be on originol, ond nt.
?.4 lnteorolion:Amendment.

This Agreement including the ottochments hereto is the entire, complete ond expression of the understonding of the porties. lt is understood thot there ore I ogreements between the porties hereto offecting this Agreement ond this ment supersedes ond concels ony ond oll previous negoiiotions, orongements, ts ond understondings, if ony, between the porties, ond none sholl be used to t this Agreement. No omendment to or modificotion of this Agreement sholl be unless mode in witing ond opproved by the Controctor ond by the City Council. s ogree thot this requirement for written modificotions connot be woived ond ottempted woiver sholl be void.

9.5 Severobilitv.
ln the event thot ony one or more of the phroses, sentences, clouses, porogrophs, tions contoined in this Agreement sholl be declored involid or unenforceoble by o judgment or decree of o court of competent jurisdiction, such involidity or forceobility sholl not offect ony of the remoining phroses, sentences, clouses, or sections of this Agreement which ore hereby declored os severoble ond be interpreted to corry out the intent of the porties hereunder unless the involid sion is so moteriolthot its involidity deprives either porty of the bosic benefit of their in or renders this Agreement meoningless.

9.6 Worrontv & Represenlotion of Non'Collusion.

No officiol, officer, or employee of City hos ony finonciol interest, direct or indirect, Agreement, nor sholl ony officiol, officer, or employee of City porticipote in ony reloting to this Agreement which moy offect his/her finonciol interest or the iol interest of ony corporotion, portnership, or ossociotion in whlch (s)he is directly interested, or in violotion of ony corporotion, portnership, or ossociotion in (s)he is directly or indirectly interested, or in violoiion of ony Stote or municipol or regulotion. The determinotion of "finonciol interest" sholl be consistent with poid or given, ond will not poy or give, to ony third porty including, but not limited City officiol, officer, or employee, ony money, considerotion, or other thing of

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S low ond sholl not include interests found to be "remote" or "noninterests" pursuont to nt Code Sections '109.I or l09l .5. Controctor wononts ond represents thot it 2013032.2 CA-I9
265
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os o result or consequence of obtoining or being oworded ony ogreement. octor further wononts ond represenis thot (s)he/it hos not engoged in ony oci(s), ion(s), or other conduct or collusion thot would result in the poyment of ony money, or other thing of volue to ony third porty including, but not limited to, ony City fficiol, officer, or employee, os o resuli of consequence of obtoining or being ony ogreement. Controctor is owore of ond understonds thot ony such oct(s), ion(s) or other conduct resulting in such poyment of money, considerotion, or other of volue will render this Agreement void ond of no force or effect.

Controctor's Authorized lnitiols

9.7 Corporote Authorilv.

The persons executing this Agreement on beholf of the porties hereto wononi thot h porty is duly orgonized ond existing, (ii) they ore duly outhorized to execute ond this Agreement on beholf of soid porty, (iii) by so executing this Agreement, such is formolly bound to the provisions of this Agreement, ond (iv) thot entering into this t does not violote ony provision of ony other Agreement to which soid porty is bou This Agreement sholl be binding upon the heirs, executors, odministrotors, s{- ond ossigns of the porties.
[Signofures on fhe Following Pogel
CA-20
266
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lN WITNESS WHEREOF, the porties
ond yeor first-obove written.
hereto hove executed this Agreement on the
CITY:

CITY OF BELL, o chorter city
AliSoleh, Moyor
Bustomonte, City Clerk
AS IO FORM:

E & WYNDER, LLP
J. Aleshire, City Attorney
CONIRACTOR:

GRAFFITI PROTECTIVE COATINGS, INC., O
Coliforn[o corporotion
Nome:

Title: President
Nome: Steven Lenhoff
Title: Secretary
Address: 4624 Florence Ave.

Bell, CA 90201
(323) 428-3530
officer signolures required when Conlroctor is o corporolion, wilh one signolure required from eoch of lhe groups: l) Choirmon of lhe Boord, Presidenl or ony Vice Presidenl; ond 2) Secrelory, ony Assislont Secretory, Officer or ony AssistontTreosurer. CONTRACIOR'S SIGNAIURES SHAtt BE DUtY NOTARIZED, AND APPROPRIATE

SHATT BE INCIUDED AS MAY BE REQUIRED BY THE BYIAWS, ARTICIES OF INCORPORATION, OR OTHER RUTES OR APPTICABTE TO CONTRACTOR'S BUSINESS ENTITY.

By:.
2013032.2 CA-21
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I
CATIFORNIA Att.PURPOSE ACKNOWTEDGMENT
ANC
cioc
ory public or other officer completing this certificote verifies only the identity of the individuol who signed the ment to which this certificote is ottoched. ond noi the truthfulness, occurocy or volidity of thot document.

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OF CALIFORNIA
.ITY OF LOS ANGELES
2025 before me, personolly oppeored proved
) on the bosis of sotisfoctory evidence to be the person(s) whose nomes(s) is/ore subscribed I within instrument ond ocknowledged to me thot he/she/they executed the some in >r/their ouihorized copocity(ies), ond thot by his/her/their signoture(s) on the instrument the n(s), or the entity upon beholf of which the person(s) ocied. executed the instrument. fy under PENALIY OF PERJURY under the lows of the Stote of Colifornio thoi the foregoing Sroph is true ond conect.

ESS my hond ond officiol seol.
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OPTIONAT
gh the doto below is not required by low, it moy prove voluoble to persons relying on the rment ond could prevent froudulent reottochment of this form.

CAPACITY CTAIMED BY STGNER DESCRIPIION OF AIACHED DOCUMENI

INDIVIDUAL

CORPORATE OFFICER
TrTLE(S)
PARTNER(S) tr UMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

GUARDIAN/CONSERVATOR
OTHER
ER !S REPRESENIING:
4E OF PERSON(S) OR ENTITY(|ES))

DATE OF DOCUMENT
stcNER(s) oTHER THAN NAMED ABOVE
01 1 2013032.2 CA-22
268
l
CATIFORN !A Att. PU RPOSE ACKNOWTEDGMENT
^n(doc
'ory public or other officer compleiing ihis certificote verifies only the identity of the individuol who signed ihe ment to which this certificote is ottoched, ond not the truthfulness, occurocy or volidity of ihot document.

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OF CALIFORNIA
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2025 before me,
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personolly oppeored , proved
) on ihe bosis of sotisfoctory evidence to be the person(s) whose nomes(s) is/ore subscribed > within instrument ond ocknowledged to me thot he/she/they execuied the some in >r/their outhorized copocity(ies), ond thot by his/her/their signoture(s) on the instrument ihe rn(s), or the entity upon beholf of which the person(s) octed, executed the instrument. ify under PENALTY OF PERJURY under the lows of the Stote of Colifornio thot the foregoing 3roph is true ond correct.

ESS my hond ond officiolseol.
)ture:

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OPTIONAT
the doto below is not required by low, it moy prove voluoble to persons relying on the ent ond could prevent froudulent reottochment of this form.

CAPACIIY CTAIMED BY SIGNER

INDIVIDUAL

CORPORATE OFFICER

DESCRIPTION OF AIACHED DOCUMENT
TrTLE(S)
PARTNER(S) tr LTMTTED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES
IS REPRESENTING:
oF PERSON(S) OR ENTTTY(IES))

DATE OF DOCUMENT
stcNER(s) oTHER THAN NAMED ABOVE

GUARDIAN/CONSERVATOR
011 2013032.2 CA-23
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EXHIBIT "A"
SCOPE Of SERVICES
onlroctor wil! perform the following groffitiremovolservices on public properly, os os privole property visible from the public righl-of-woy, within the City (the ), os follows:

A. Groffiti Removol. The Controctor sholl remove groffiti from oll City-owned properties, ond privote residentiol, commerciol, ond industriolstructures, up to forty feet (40') in height. Controctorwill remove groffiti upon request by City or City's residents by (l ) colling the City's'groffiti hotline, (2) submitting o request through the City's website, or (3) submitting o request through the Ciiy's opp ("Bell on the Go!"), ond will regulorly potrol the City to look for ond obote new groffiti, in occordonce with Exhibit "D," Schedule of Performonce.

Controctor sholl inspect oll requests to determine the method to be used for groffitiremovol. Methods of removol moy include woter blosting, sondblosting, or other pressurized removol systems, motching existing pointed surfoces or other erodicotion procedures os opproved by the City. Controctor sholl determine the most effective method(s) for removol of groffitiot eoch locotion.

The method(s) of removolwillvory depending upon the type of groffitiond condition of the surfoce. Controctor must use core to ovoid domoging existing structures (e.9., buildings, windows, doors, wolls, etc.). Existing structures domoged by the Controctor sholl be repoired of the Controctor's sole expense to the sotisfoction of the City.
"Groffiti" sholl meon ony unouthorized inscription, word, figure, symbol, configurotion of letters ond/or numbers or design thot is morked, written, etched, scrotched, drown, scribed, stoined, stuck on, offixed or odhered to by ony meons whotsoever or pointed on ony surfoce of public or privote reol or personol property, including but not limited to, buildings, wolls, windows, signs, structures, ploces, rocla, londscope moteriols, or other surfoces ond/or the interior or exterior of ony other structure, regordless of the noture of the moteriol of which the surfoce is composed
B. Processes, Moleriols, ond Equipmenl.
l. Preporotion: Controctor sholl properly prepore oll stucco, mosonry, metol, wood or other exterior surfoces in o monner thot will result in on occeptoble bonding of the exterior surfoce ond opplied point ond deter the visibility of groffiti. Controctor will use new ond/or recycled woter-bosed poini. The City encouroges the use of recycled point. No leod-bosed point sholl be used.

2. Apolicotion Quolity: Controctor sholl opply moteriols in such o monner to ensure smooth, even, uniform coots free of dirt, drips, ridges, woves, drops, runs, brush morks, sogs, ond lops. lf ony of these existed before, they sholl be properly conected ond prepored before pointing. When completed, the A-2
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poniing shollrepresent o first closs, workmon-llke oppeoronce. Allwork oreos sholl be cleoned of oll debris, residue ond excess point lmmediotely ofter completion of work.

3. Applicotion Process: Controcior sholl opply poini under dry, dust free conditions ond point sholl not be opplied when the temperoture is below 40 degrees Fohrenheit. All primer ond intermediote coots of point sholl be unsconed ond completely integrol os well os completely dry of the time of the opplicotion of eoch succeeding coot. Controctor sholl motch the existing surfoce colorwhen pointing over or obscuring groffitiwhenever possible. Point sholl be neotly feothered in oll oreos. lf residents/businesses request o specific color, Controctor moy provide lobor os long os point hos been provided by the resident/business.

4. Supplies ond Equipment: The Controctor sholl provide its own vehicle, equipment, supplies ond moteriols necessory to perform the work outlined.

Further, the Controctor sholl hove on oerosolsproy unit (minimum 2500 p.s.i.) ond stondord extension lodder on the Controctor vehicle ond such other equipment os moy be necessory to perform groffitiremovol (e.9., brushes, etc.). The Controctorsholl hove the obility to remove groffitifrom difficult locotions. The Controctor must hove extension lodders on every vehicle ond 24hovrs o doy, seven doys o week, occess to o bucket truckwith o minimum extension height of forty (40) feet.

5. Monufocturer Directions: Monufocturer'S recommendotions for mixing, thinning, opplying, type of exposure, surfoce to be covered, ond type of surfoce weor io which the point will be subjected sholl be explicitly followed by the Controctor.

6. Poini Motch: The Controctor sholl verify, to the sotisfoction of the City, its method for motching point. All repointed surfoces shollreosonobly motch woll color to the sotisfoction of the Controct Officer or designee.

Conlroclor's Responsibility. The Controctor sholl ossume the responsibility for oll work, ond for oll tenont ond property owner relotions.

Right of Entry.
'I . Privote Property: Groffiti removol from privote property will require o releose from the property owner consenting to groffitiremovol. The Controctor sholl obtoin written opprovolfrom the property owner to enter os well os o releose of liobility prior to storting groffiti removol. Groffiti to be removed from privote property must be visible from the public right-of-woy.

2. Public Right-of-Woy Property: Authorizotion sholl be given by the Controct Officer for the removol of groffiti on public property. 2013032.2
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Commerciol Signoge. Groffiti found on commerciol signoge sholl only be removed with the owner's/occupont's specific, written opprovol ond with the owner's/occupont's understonding thot the Controctor is not responsible, under this Agreement, for replocing ony originol lettering, pictures, etc., on o commerciolsign. Wiih the owner's/occupont's opprovol, the Controctor sholl proceed with diligence to remove the groffitiwith os little domoge to the commerciolsign os possible. Groffitito be removed from privote commerciol property must be visible from the public right-of-woy.

Cleon-Up. Allfinished surfoces of the building sholl be left cleon ond reosonobly dust free. At completion of work, Controctor sholl cleon oll exposed surfoces soiled by the work; repoir oll domoge coused by the work of no extro cost to the property owner or the City; remove oll debris creoted os o direct result of the work from the job site; ond leove the entire insiollotion reody for use.

Public Relotions ond Sofety. The Controctor sholl of oll times provide Services with the utmost of courtesy to the public. All employees of the Controctor shollweor cleon cloihing in the performonce of their duties, ond equipment sholl be cleon ond mointoined in o sofe operoting monner. Allequipment sholl be subject to inspection by the Controct Officer. All personnelsholl olwoys weor oppropriote sofety georwhile removing groffitiin the City.

Air ond Woter Pollution. The Controctor sholl be required to conform to oll cunent regulotions of the South Coost Air Quolity Monogement District. The Controctor is olso required to odhere to the provisions of ihe Federol Cleon Woter Act os reguloted by the U.S. Environmentol Protection Agency, os codified in Ports 122 through 124 of Title 40 of ihe Code of Federol Regulotions, the Porter-Cologne Act codified in Woter Code Section 13000 et seq., ond the Notionol Pollutont Dischorge Eliminotion System, codified in Port 122 of Title 40 of the Code of Federol Regulotion, requirements. Suitoble Best Monogement Proctices ("BMPs") sholl be opplied to prevent ony chemicol, debris or ony non-storm woter dischorges from entering the storm droin system (storm droins ond gutiers).

Technology.
l. The Controctor sholl receive work orders vio the City's web-bosed opp/work order system, "Bell on the Go!" only. lt sholl be the Controctor's responsibly to ensure they use the City's opp "Bell on the Go!"

2. Controctor sholl develop ond work with City Stoff ond City's lT consultont to merge Controctor's "App-Order" with City's opp, "Bell on the Go!" of no cost to the City. lf merger of the two Apps is not possible, it sholl be the Controcor's responsibility to develop o work order system within the City's Bell On the Go! opp, os opproved by the Controct Officer or designee, of no cost to the City.
electronicolly submitted in the City's opp "Bell on the Go!" work order number.

3. Allrequests will be
ond ossigned to o
2013032.2
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. Anli-Groffiti Compoign.

I . Controctor sholl ossist the City in estoblishing on Anti-Groffiti Compolgn to discouroge groffiti octivities throughout the City by conducting outreoch oi schools, businesses, neighborhood block clubs, non-profit orgonizotions, ond religious institutions.

2. Controctor sholl host three (3) public events (per yeor) to dlscuss ond discouroge groffiti octivity ond provide olternotive solutions to groffiti octiviiies on public ond privote property.

C Weekly Meetings. Controctor sholl ottend weekly City Public Works Deportment meetings.
,. Reteniion of Finoncio! Records. Controctor ogrees to mointoin finonciol records ond occounts for o period of five (5) yeors. These records ond occounts sholl include, but not be limited to, the following:
l. A double-eniry generol ledger thot supports the costs chorged to oll reloted occounts;

2. Records documenting procurement of goods ond services;

3. Leose or rentol ogreements;

4. lnvoices;

5. Billing stotements;

6. Concelled checks;

7. Timecords signed by employees ond supervisors;

8. Personnel outhorizotion records;

9. Poyrollregisters;

10. Poyroll tox records;
I l. Bonk stotements;

12. Bonk reconciliotions; ond

13. Documentotion to support the ollocotion of costs
As porl of lhe Services, Conlroclor will prepore ond deliver lhe following tongible work products to the City:

A. Phologrophic Documenlotion. The Controctor sholl photogrophicolly document oll locotions prior to removol of groffiti ond sholl mointoin soid photogrophs. Upon removol of groffiti, the Controctor sholl toke on odditionol photogroph of the some oreo. Digitol photos of ihe oboted sites ond on occomponying photo disk ore to be provided olong with the monthly reports.

The City prefers o web-bosed photo system thot updotes in reol time while in the field.
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B. Best Proctices Report. The Controctor sholl droft o written report for best proctices deoling with groffiti services.
ln oddition lo lhe requiremenls of Seclion 6.2, during performonce of lhe Services, Conhoclor will keep the City opproised of lhe stotus of performonce by delivering the following stolus reports:

A. Doily Logs. Doily logs sholl be mointoined identifying groffiti removol site by census troct ond block group. lnformotion on totol groffiti removol in squore feet ond number of sites sholl be provided. Should Torget Areos, os defined in Exhibit D, Section l, Subsection A, not be met, the doily reportshollinclude steps to remedy the situotion olong with on implementotion schedule.

B. Monlhly Reporls. lnformotion on iotol groffiti removol in squore feet ond number of sites sholl be provided. Should Torget Areos, os defined in Exhibit D, Section l, Subsection A, not be met, the monthly repori sholl include steps to remedy the situotion olong with on implementotion schedule.

All work product is subjecl fo review ond occeptonce by the City, ond must be revised by the Controctor without odditionol chorge lo the City until found solisfoctory ond occepted by City.

V. Controctor willutilize the following personnelto occomplish the Services:

Professionol ond quolified personnelto be selected by Controctor. 2013032.2
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EXHIBIT "8"

SPECIAT REQUIREMENTS
(Supersedin g Conlroct Boilerplote)
Seclion 3.4 entitled "Term" is hereby omended to reod os follows (odded text shown os bold i,folics; deleted text shown os s*riketh+esghs):

Unless eorlier terminoted in occordonce with Article 7 of this Agreement, this Agreement sholl continue in full force ond effect until completion of the services but not exceeding three (3) yeors from the dote hereof, except os otherwise provided in the Schedule of Performonce (Exhibit "D"). The City moy, in its sole discretion, extend the Term for two (2) odditionol one-yeor terms. ln the evenf fhe lerm is exfended of fhe City's oplion, fhe rofes sholl be increosed by the increose in CPI over lhe prior l2 monfhs (CPl lr'.ILB Metro sfofislicol oreo).

Section 4.6 enlitled "Locol Preference" is hereby odded lo reod in its entirety os follows:

4.6 LocolPreference
The City is on economicolly disodvontoged community with high unemployment ond the Ciiy in owording of controcts encouroges the controctors to undertoke their best efforts to hire locolly. To thot end, Controctor covenonts it sholl moke its best efforts to couse oll solicitotions for full or port- time, new or replocement, employment reloting to the services performed under this Agreement. Best efforts include hoving o locol hiring progrom opproved by the City ("Locol Hire Progrom") which requires regulor reporting requirements necessory for evoluoting the complionce with the Locol Hire Progrom. ln oddition, the Controctor sholl: (i) odvertise in locol newspopers regording job opportunities, (ii) estoblish o point of contoct to provide informotion obout ovoiloble job opportunities to the community, (iii) conduct 20't3032.2 B-l
275
(b
(c
outreoch efforts to ottroct locol hires, subcontroctors ond trodesmen, ond (iv) coordinote locol hire workshops with the City to educote potentiol locol su bcontroctors ond trodesmen o bout employment opportu nities." Section 5.4, entitled "Performonce Bond" is hereby deleled in ils entirety.

Seclion 7.7, entitled "liquidoted Domoges" is hereby omended in ils enlirety to reod os follows:

7.7 Comploints: Liquid
Comploints received by the City or through observotion by the Controct Officer, regording ihe Controctor's performonce will be tronsmitted to the Controctor's office in writing, by ielephone or focsimile, ond hondled by the Controctor. All comploints ore to receive o follow-up response within twenty-four (24) hours following notificotion of the Controctor. A report of ihe Controctor's investigotion ond the conective oction token sholl be mode promptly by the Controctor to the Controctor Officer. Repeoi comploints moy be hondled by o joint visit to the site by o City lnspector ond the Controctor. Comploints recelved directly by the Controctor sholl be submitted in writing to the City on the doy such comploints ore received. Controctor sholl moinioin o log of comploints received ond conective octions implemented which sholl be submitted to the City within ten (10) doys following the end of the month. Repeot comploints of poor service quolity of similor noture sholl be hondled in the monner prescribed below. These penolties ore provided to provide on olternotive to Agreement ierminotion for minor performonce foilures by Controctor. Nothing herein sholl woive the right of the City to terminote the Agreement for repeoted or moieriol violotions of ihe performonce stondords.

An iniiiolcomploint sholl be hondled in occordonce with the subsection (o) of this Section.

When the Controct Officer determines thot odditionol violotions of o similor noture hove occuned within ony 'l80 colendor doy period, o written comploint sholl be filed with the Controctor by the City. The written comploint sholl include o description of the comploint of the Conirocior's performonce ond worning thot the next comploint will result in the qssessment of liquidoted domoges in ihe omount of $100 per incident, provided thot ofter 2013032.2 B-2
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the fourth incident in ony 180 doy period the penolty sholl go to $500 per incident.

When the Controci Officer determines thot o third violotion similor in noture os the previous violotion hos occurred within I80 doys of the moteriql violotion, o written comploint sholl be filed with the Controctor by the City. The written comploint sholl include o description of the compliont of the Controctor's performonce, ond 6f the penolty therefore. The Controctor Officer ond/or designee sholl meet with the Controctor within five (5) working doys ond develop o wrltten corrective oction plon to prevent further occurrence of the problem. The conective oction plon sholl be prepored by the Controctorwithin ten (10) working doys ofier the meeting between the Controct Officer ond/or designee ond Controctor. The conective oction plon is subject to the opprovolof the Controct Officer. violotions continue, the City moy provide notice of terminotion in occordonce wiih 2013032.2 B-3
tf
Article
277
EXHIBIT "C"

SCHEDUTE OF COMPENSAIION

CIIYWIDE GRAFFITI ABATEMENT SERVICES
complete the form below, providing itemized costs for eoch service cotegory. All e lobor, moteriols, equipment, odministrotion, ond ony ossocioted overheod.

Services
Services (As-Needed) NO SUNDAYS
D-l
Annuol Totol ($)Estimoied
Frequency
6 DAYS
Unit Cost ($)
Est. 3 coses/week ,
52 weeks
tol Documentotion & Weekly
ehicle, Equipment, Fuel & $r9,840.00

AL BASE ANNUAL COST
Unii Cost ($)
20't3032.2
Se vice Cotegory
l.

C
)oily Potrol & Abotement -
mmerciol Conidors
6 doys/week x 52
weeks
$2,5s0.00 $r32,600.00

2. &
ryeekly Poirol - Residentrol Streets
:ost River Woll
I doy/week x 52
weeks
$e00.00 $46.800.00
J.
&
{eekend Sweep - Key Conidors
Volkwoys
I weekend/week x
52 weeks
$s3s.0o $27,820.00

4. U
)n-Coll Response - Reported
:ffiti
Est. l0 colls/week x
52 weeks
lncluded lncluded
( )rivote Property Abotement lncluded lncluded

6. f roffiti Removol Moteriols Annuol Lump Sum $r5,000.00 $r 5.000.00

7. Rt
1 report/week x 52
weeks
lncluded lncluded

8. Annuol Lump Sum $r 9.840.00
?. \dministrotive/Monogement &
y Coordinotion
$200/month " 12
months
$200.00 $2,400.00
Ir
$244,460.00
C rtionol Service Estimoted
Frequency or
Scope
Estimoted Cost ($)
ll Emergency Groffiti Removol Per coll lncluded lncluded 101
278
il
&
Speciol Eveni or Pre-Event Potrol
)leonup
Per event (flot
rote)
lncluded lncluded
1t
C
Murol/Vo ndolized Artwork
loning
Per occunence lncluded lncluded
I After-Hours or Holidoy Response Per coll lncluded lncluded It
Pr
, Additionol City-Requesied
trol Areos
Per doy Included lncluded
lt
o
Troining or Community
treoch Events
Per event/hour lncluded lncluded
I
EXHIBIT "D"

SCHEDUTE OF PERFORMANCE
Controctor sholl perform oll Services in occordonce with the procedures set forth this Agreement.

Unless eorlier terminoted in occordonce with Article 7 of this Agreemeni, this Agreement sholl continue in full force ond effect for three (3) yeors from the dote hereof (the "Term").

The City Council moy, in its sole obsolute discretion, extend the Term by two (2) one-yeor extensions so long os funds hove been opproprioted for the Services under this Agreement.

The Controct Officer moy opprove extensions for performonce of the services in occordonce with Section 3.2.

D-l
2013032.201
il.
279

NOTICE OF AWARD
i Protective Services, lnc. FOR GRAFFITI ABATEMENT:

Public Works Division
Proposoldoted May 29,2025 . is occepted for the totol controct of$ )44 46'0,
You required by the "SECTION lV REQUIRED POST RFP DOCUMENTS" to execute the documents Wthin ten (10) doys from the dote of moiling ihis Noiice. Pleose sign one copy of ihe of Aword upon receipt ond return.

ACTOR THE CITY OF BELL
Kenneth Jones
Public Works Monoger
(Dote)
By:.
2013032.2
N-t
280

NOTICE TO PROCEED
ffiti Protective Services, lnc. DATE:

Kenneth Jones
Works Monoger, City of Bell
is hereby given thot you ore outhorized ond directed to proceed wiih ihe following project in with the controct documents:

Citywide Groffiti Abolemenl Services
Public Works Deporlmenl Services Division
hove been received ond ore on file with the City Clerk of the City of Bell:

The Agreement Fully Executed
Workers' Compensoiion lnsuronce Certificote
Liobility lnsuronce Policy or Certificote
lnsuronce Forms
sholl commence on the dote of issuonce of the City's written Nolice to shollcommence within five (5) colendor doys from the dote of this Nolice lo Proceed ond is completed within . Annuol work sholl be completed within the time bosed on the work to be performed.

Kenneth Jones
Public Works Monoger
N-2
2013032.2 281
Item 417/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: William E. Murray
Dept:

City Manager Dept: Public Works
Date: 11/12/2025

Subject: Award a contract to All Cities Engineering, Inc. for City Project No. CP1378000 - Woodbury Road, Taft Street to Bowen Street Water Improvements Project. (Cost: $1,769,000)(Action Item)

OBJECTIVE

To recommend that City Council award a contract to A ll Cities Engineering, I nc. for the construction of Project No. CP1378000 – Woodbury Rd., Taft St. to Bowen St. Water Improvements Project.

BACKGROUND

The City’s 2020 Water Master Plan Update has identified 228 miles of AC pipeline installed in the 1950s to be replaced under the Water Main Replacement Program, as these pipes are nearing the end of their design useful life. At the same time, the Master Plan recommends that the City target smaller diameter mains in its replacement program, and prioritize areas with lowest fire flow availability.

In considering the above criteria, the Woodbury R oad, Bowen St reet to Taft St reet Water Improvements Project area was selected. The project consists of constructing approximately 2,500 feet of new 10 -inch and 600 feet of n ew 8-inch C-900 polyvinylchloride (PVC) water mains and the abandonment of existing undersized 6 -inch diameter asbestos cement pipe (ACP) water mains in the City of Garden Grove. The scope of work also includes furnishing fittings and appurtenances, trench ing, shoring, backfilling, compaction, asphalt repair and replacement, street replacement and pipe disinfection and testing. It includes the construction of approximately five (5) fire hydrant assemblies, 68 water service connections and eight (8) connections to the existing water system.

DISCUSSION

Eight (8) bids were received and opened by the City Clerk’s Office on October 15, 2025, at 11:00 a.m. (see Bid Summary Sheet). The lowest responsive bidder is All Cities Engineering, Inc. with a total bid of $1,769,000. The licenses and references of the contractor have been 282
Item 417/2025