Garden Grove City Council
December 9, 2025

AGENDA

Garden Grove City Council

Tuesday, December 9, 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 Hearing 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 t he 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.
1

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. Pet at the Podium by Orange County Humane Society showcasing their Pet Adoption Program.

[Item 462/2025]

REORGANIZATION

2. Selection of Mayor Pro Tempore. (Action Item)

[Item 444/2025]

ORAL COMMUNICATIONS (TO BE HELD SIMULTANEOUSLY WITH OTHER

LEGISLATIVE BODIES)

WRITTEN COMMUNICATIONS

3. Consideration of a written request from the Vietnamese Sport Association of Southern California (VSASOCAL), for temporary street closures to host the 4th annual Flower Street on Main Street on Friday, February 13 through Sunday, February 15, 2026. (Action Item)

[Item 392/2025]

4. Consideration of a written request from the Sister City Association of Garden Grove for co-sponsorship of the 2026 Strawberry Stomp 5K on Saturday, May 23, 2026. (Estimated Sponsorship Cost: $15,000)

[Item 446/2025]

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)

2

5. Adoption of a Resolution for the Fiscal Year 2024-25 Measure M (M2) Annual Expenditure Report. (Action Item)

[Item 394/2025]

6. Adoption of a Resolution for the California Department of Housing and Community Development 2024 Homeownership Super Notice of Funding Availability Grant. (Grant amount: $2,204,000)(Action Item)

[Item 449/2025]

7. Acceptance of Project No. CP1268010 – Trask and Westhaven Reservoir/BPS SCADA Improvements Project, as complete. (Action Item)

[Item 450/2025]

8. Approval of a five year agreement with the Strawberry Festival Association to conduct the annual Strawberry Festival and Parade each Memorial Day weekend through 2030. (Action Item)

[Item 420/2025]

9. Approval of a Successor Community Workforce Agreement with Los Angeles and Orange Counties Building and Construction Trades Council and Signatory Craft Council and Local Unions. (Action Item)

[Item 322/2025]

10. Approval of an Agreement with Civos, Inc. for the development of additional software modules for VivaCivic, including a Code Enforcement Module, Planning Module, and potential future modules for VivaCivic. (Cost: $245,000)(Action Item)

[Item 456/2025]

11. Award a contract to Portola Systems, Inc. to provide a virtualization solution. (Cost: $248,266.79)(Action Item)

[Item 341/2025]

12. Authorization for the issuance of a purchase order to Coastline Equipment for the purchase of two new trailers for the Public Works Department Parks section. (Cost: $61,026.15)(Action Item)

[Item 448/2025]

13. Authorization for the issuance of a purchase order with Amazon Web Services for cloud services. (Cost: $87,156)(Action Item)

[Item 416/2025]

14. Authorization for the issuance of a purchase order to Douglas Equipment for nine freezers and four refrigerators for evidence storage, IFB No. S-1382. (Cost: $107,591.41)(Action Item)

[Item 443/2025]

15. Authorization for the issuance of a purchase order to Motorola Solutions to acquire 800 MHz portable radios for the Public Works Department through Los Angeles County Contract No. MA-IS-2240228-2. (Cost: $240,037.82)(Action Item) [Item 447/2025] 3

16. Receive and File the Fiscal Year 2024-25 Development Impact Fee Annual Report. (Action Item)

[Item 457/2025]

17. Receive and file warrants. (Action Item)

[Item 460/2025]

ITEMS FOR CONSIDERATION

18. Award a contract to One Corp Striping Services, LLC for on-call street striping and sign installation services. (Cost: Not to exceed $300,000 per year)(Action Item)

[Item 454/2025]

19. Award of contracts to Engineering Resources of Southern California, Inc. (Cost:

Not to exceed $350,000 per year), and DMC Engineering (Cost: Not to exceed $350,000 per year) to provide on-call civil engineering plan checking and construction inspection services. (Action Item)

[Item 458/2025]

20. Award of contracts to Lehr Upfitters OPCO, LLC (Cost: $100,000 per year); Airwave Communications (Cost: $150,000 per year); Commline Inc. (Cost:
$200,000 per year), for Police Department vehicle upfitting services. (Action Item)

[Item 453/2025]

21. Authorization for the issuance of a purchase order to Olathe Ford Inc. for three new trucks and three new vans for various City Departments. (Cost: $434,122.41)(Action Item)

[Item 452/2025]

22. Approval of a 10-Year Agreement with Axon Enterprise, Inc. and appropration of additional funding for public safety software and related components. (First Year Cost: $464,005)(Action Item)

[Item 442/2025]

23. Receive and file the Garden Grove Police Department’s Annual Military Equipment Use Report for the period from September 2024 through September 2025 pursuant to California Assembly Bill 481 (2021). (Action Item)

[Item 459/2025]

MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER

ADJOURNMENT

The next Regular Meeting is scheduled for Tuesday, January 13, 2026, at 5:30 p.m. in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California, 92840. 4 Item 392/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: John Montanchez
Dept:

City Manager Dept: Community Services
Date: 12/9/2025

Subject: Consideration of a request from the Vietnamese Sport Association of Southern California, for temporary street closures to host the 4th annual Flower Street on Main Street on Friday, February 13 through Sunday, February 15, 2026. (Action Item)

OBJECTIVE

To transmit a letter from the Vietnamese Sport Association of Southern California (VSASOCAL) requesting approval of temporary closure of city streets for the 4th annual Flower Street on Main Street event beginning on Friday, February 13 through Sunday, February 15, 2026 with operating hours each day from 9:00 a.m. to 10:00 p.m.

BACKGROUND

For the past three years, VSASOCAL has held the Flower Street on Main Street that has been a very successful two-day event. The event has been hosted on historic Main Street between Garden Grove B oulevard and Acacia Parkway. Flower Street continues to be a meaningful community tradition, one that highlight’s Garden Grove’s diversity, supports local businesses, and brings thousands of residents and families together each year. The event has featured signature flower structures and a stage with daily performances and entertainment.

Additionally, this event meeting the City Council’s priority to celebrate Garden Grove’s cultural diversity.

The VSASOCAL is a 501(c)3 organization that is in good standing with the Internal Revenue Services. In past years, VSASOCAL has fulfilled event permit requirements that include insurance coverage, street closure approval from GGPD and Main Street merchants, and reimbursement for all direct costs to provide city support for this annual event.

DISCUSSION

VSASOCAL would like to request City Council approval for the closure of city streets for the 4th annual Flower Street on Main Street event beginning on Friday, February 13 through Sunday, February 15, 2026 with operating hours each day from 9:00 a.m. to 10:00 p.m.

5 Item 392/2025

The event route has been reviewed by the Garden Grove Police Department Traffic Division, who has agreed to provide staff support for the closure of city streets during the event. The proposed route will require the street closures on Main Street between Stanford Avenue and Acacia Parkway for all three days of the event. The attached map shows the proposed event layout along Main Street and shows details on how the street closure will be sectioned off for the flower displays, and partial use of Village Green Park for a small performance stage and vendor booths that include food vendors, sponsors, and a flower marketplace.

FINANCIAL IMPACT

Approval of the proposed 4 th annual Flower Street on Main Street event will not result in a financial impact to the City, as VSASOCAL will reimburse the City for all direct costs associated with police, public works, community services, and other staff support required for this event.

RECOMMENDATION

It is recommended that the City Council:
 Consider approval of the written request from the Vietnamese Sport Association of Southern California for the temporary street closure of Main Street in the area as agreed, to host the 4 th annual Flower S treet on Main Street beginning Friday, February 13 through Sunday, February 15, 2026.

By: Janet Pelayo, Deputy Director

ATTACHMENT(S)

1. Letter Request from VSASOCAL for 2026 Flower Street on Main Street Event

2. 2026 Flower Street on Main Street - Proposed Event Layout

6 7
8 Item 446/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: John Montanchez
Dept:

City Manager Dept: Community Services
Date: 12/9/2025

Subject: Consideration of a written request from the Sister City Association of Garden Grove for co-sponsorship of the 2026 Strawberry Stomp 5K on Saturday, May 23, 2026. (Estimated Sponsorship Cost: $15,000)

OBJECTIVE

For the City Council to consider a written request from the Sister City Association of Garden Grove for co-sponsorship of the 2026 Strawberry Stomp 5K on Saturday, May 23, 2026.

BACKGROUND

The Sister City Association of Garden Grove (Association) is a local non -profit organization that is in good standing with the Internal Revenue Service and has been serving the Garden Grove community since 1989. The Association is dedicated to furthering the knowledge and understanding between Garden Grove and its sister city Anyang, South Korea, while providing Garden Grove students the unique opportunity each year to travel abroad. The Association also hosts youth from Anyang, South Korea as part of the student exchange program.

DISCUSSION

The Association is requesting City Council approval for co-sponsorship of the 2026 Strawberry Stomp 5K. The event will be held on Saturday, May 23, 2026, on Historic Main Street, prior to the Garden Grove Strawberry Festival Parade. In addition to the parade route on Euclid Street and Chapman Avenue, the 5K will require the p artial closure of Historic Main Street and Acacia Parkway from 6:00 a.m. to 10:00 a.m. The organization is expecting approximately 1,000 participants for next year’s event.

All proceeds from this fundraising event will go directly toward the organization ’s 2027 Student Exchange Program that will be sending Garden Grove students overseas and hosting the incoming exchange students from Anyang, South Korea.

9 Item 446/2025

FINANCIAL IMPACT

The cost to provide Police and Public Works support including additional street closure hours for this event has been estimated to be approximately $15,000. This cost is calculated based on the two additional hours that are added to the existing street closure plans for the annual Strawberry Festival Parade, and street closure safety measures set up along the route. The additional cost will be absorbed within the current departmental budgets, therefore, no additional appropriation is needed to co-sponsor the 2026 Strawberry Stomp 5K.

RECOMMENDATION

It is recommended that the City Council:
 Consider the request from the Sister City Association of Garden Grove for co- sponsorship of approximately $15,000 for the 2026 Strawberry Stomp 5K that will be held on Saturday, May 23, 2026.

By: Janet Pelayo, Deputy Director

ATTACHMENT(S)

1. Letter Request from SCAGG for 2026 Strawberry Stomp 5K

10 Sister City Association of Garden Grove
December 9, 2025
City of Garden Grove
Honorable Mayor Stephanie Klopfenstein
11222 Acacia Parkway
Garden Grove, CA 92840
Honorable Mayor and City Councilmembers,
On behalf of the Sister City Association of Garden Grove, I’m writing to request co-sponsorship for the 2026 Strawberry Stomp 5K from the City of Garden Grove. The event will be held on Saturday, May 23, 2026, on Historic Main Street, prior to the Garden Grove Strawberry Festival Parade. In addition to the parade route on Euclid Street and Chapman Avenue, the 5K will require the partial closure of Historic Main Street and Acacia Parkway. Streets will be closed from 6:00 a.m. to 10:00 a.m. that day. We’re expecting approximately 1,000 participants. The estimated cost to the City is $13,000.

The Sister City Association of Garden Grove is a non-profit 501(c)(3) organization dedicated to furthering the knowledge and understanding between Garden Grove and its sister city Anyang, Republic of Korea, while providing Garden Grove students the unique opportunity to travel abroad. All proceeds from the Strawberry Stomp 5K will go toward the organization’s 2027 Student Exchange Program.

If you need further information, please email [email protected] .

Sincerely,
Neal Manalansan, Treasurer
Sister City Association of Garden Grove
P.O. Box CI
Garden Grove, CA 92842
[email protected]
www.ggsistercity.org
11 Item 394/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

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

City Manager Dept: Public Works
Date: 12/9/2025

Subject: Adoption of a Resolution for the Fiscal Year 2024-25 Measure M (M2) Annual Expenditure Report. (Action Item)

OBJECTIVE

For the City Council to adopt a Resolution for Fiscal Year 2024-25 Renewed Measure M (M2) Annual Expenditure Report as required by the Local Transportation Authority Ordinance No.

3. BACKGROUND

Per M2, each local agency is required to submit approved documentation to the Orange County Transportation Authority to maintain M2 eligibility for Local Fair Share appropriations and competitive grant funding.

DISCUSSION

Per Local Transportation Authority Ordinance No. 3, local jurisdictions are required to adopt an Annual Expenditure Report to account for beginning/endi ng balances, Local Fair Share distributions, transportation facilities fees, and Maintenance of Effort expenditures. The Expenditure Report has been prepared by the Finance Department and has been signed and certified by the Finance Director.

FINANCIAL IMPACT

There is no impact to the General Fund. The attached report is necessary to receive M2 revenues and competitive grant funding.

12 Item 394/2025

RECOMMENDATION

It is recommended that the City Council:
 Adopt the Resolution approving and adopting the Fiscal Year 2024-25 Renewed Measure M (M2) Annual Expenditure Report; and
 Authorize the Finance Director, or designee, to submit the Renewed Measure M (M2) Annual Expenditure Report to the Orange County Transportation Authority.

By: Alexa Viramontes, Sr. Administrative Analyst

ATTACHMENT(S)

1. Measure M2 Expenditure Report Resolution

2. Measure M2 Certified Expenditure Report

13 EXPENDITURE REPORT RESOLUTION

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE CONCERNING THE MEASURE M2 (M2) EXPENDITURE REPORT FOR
THE CITY OF GARDEN GROVE.

WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and WHEREAS, local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements; and WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements; and WHEREAS, the M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and
WHEREAS, the M2 Expenditure Report must b e adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.

NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Garden Grove does hereby inform OCTA that:
a) The M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year, and balances at the end of fiscal year.
b) The M2 Expenditure Report is hereby adopted by the City of Garden Grove. c) The City of Garden Grove Finance Director is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2025.

PASSED, APPROVED, AND ADOPTED THIS 9th day of December, 2025. 14 City/County of Garden Grove
M2 Expenditure Report
Fiscal Year Ended June 30, 2025
Report Checks
Report Check
Schedule 1 Check
Project Description Ending Balance Check Ending Balance Interest Check A-M Freeway Projects -$ -$ O Regional Capacity Program (RCP) -$ -$ P Regional Traffic Signal Synchronization Program (RTSSP) -$ -$ Q Local Fair Share -$ -$ R High Frequency Metrolink Service -$ -$ S Transit Extensions to Metrolink -$ -$ T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems -$ -$ U Senior Mobility Program or Senior Non-Emergency Medical -$ -$ V Community Based Transit/Circulators -$ -$ W Safe Transit Stops -$ -$ X Environmental Cleanup Program (Water Quality) -$ -$ Schedule 2 Check
Project Description Revenue/Expenses Check Revenue/Expenses Interest Check
All Total -$ -$ Schedule 3 Check
Project Description Expenses Check Interest Check
O Regional Capacity Program (RCP) -$ -$ P Regional Traffic Signal Synchronization Program (RTSSP) -$ -$ Q Local Fair Share -$ -$ X Environmental Cleanup Program (Water Quality) -$ -$ A-M, R, S, T,U, V, W Other M2 Projects (A-M, R, S, T,U, V, W) -$ -$ Other Expenses Not M2 Related -$
Schedule 4 Check
Project Description Expenses Check
Q Local Fair Share -$
15 City/County of Garden Grove
M2 Expenditure Report
Fiscal Year Ended June 30, 2025
Beginning and Ending Balances
Schedule 1
Line
No. Amount Interest
A-M Freeway Projects 1 -$ -$ O Regional Capacity Program (RCP) 2 (88,823.00)$ -$ P Regional Traffic Signal Synchronization Program (RTSSP) 3 -$ -$ Q Local Fair Share 4 4,963,884.00$ -$
R High Frequency Metrolink Service 5 -$ -$ S Transit Extensions to Metrolink 6 -$ -$ T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems 7 -$ -$ U Senior Mobility Program or Senior Non-Emergency Medical Program 8 624,753.00$ -$
V Community Based Transit/Circulators 9 -$ -$ W Safe Transit Stops 10 -$ -$ X Environmental Cleanup Program (Water Quality) 11 -$ -$ Other* 12 1,740,250.00$ -$
13 7,240,064.00$ -$
Monies Made Available During Fiscal Year 14 4,270,902.00$ 191,596.00$ 15 11,510,966.00$ 191,596.00$
Expenditures During Fiscal Year 16 5,219,439.00$ 191,596.00$ A-M Freeway Projects 17 -$ -$ O Regional Capacity Program (RCP) 18 (88,823.00)$ -$ P Regional Traffic Signal Synchronization Program (RTSSP) 19 -$ -$ Q Local Fair Share 20 3,914,927.00$ -$
R High Frequency Metrolink Service 21 -$ -$ S Transit Extensions to Metrolink 22 -$ -$ T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems 23 -$ -$ U Senior Mobility Program or Senior Non-Emergency Medical Program 24 594,211.00$ -$
V Community Based Transit/Circulators 25 -$ -$ W Safe Transit Stops 26 -$ -$ X Environmental Cleanup Program (Water Quality) 27 -$ -$ Other* 28 1,871,212.00$ -$
Description
Total Monies Available (Sum Lines 13 & 14)
~ In previous Report, Project Q included the match/share so the ending balance for the program was understated by $275,068 due to interests, reimbursement from other cities and expenditures not reported previously. ~ In previous Report, Project U included the City's match/share so the ending balance for the program was overstated by $1,494 due to interest adjustment.
* Please provide a specific description: This pertains to Traffic Migration Fees net of Expenditures related to the street lights and traffic signal improvements
Balances at End of Fiscal Year
Balances at Beginning of Fiscal Year
Balances at Beginning of Fiscal Year
16 City/County of Garden Grove M2 Expenditure Report
Fiscal Year Ended June 30, 2025
Sources and Uses
Schedule 2
Line
No. Amount Interest
A-M Freeway Projects 1 -$ -$
O Regional Capacity Program (RCP) 2 -$ -$ P Regional Traffic Signal Synchronization Program (RTSSP) 3 -$ -$ Q Local Fair Share 4 3,522,337.00$ 107,623.00$
R High Frequency Metrolink Service 5 -$ -$ S Transit Extensions to Metrolink 6 -$ -$ T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems 7 -$ -$ U Senior Mobility Program or Senior Non-Emergency Medical Program 8 225,100.00$ 17,223.00$ V Community Based Transit/Circulators 9 -$ -$ W Safe Transit Stops 10 -$ -$
X Environmental Cleanup Program (Water Quality) 11 -$ -$ Other* 12 523,465.00$ 66,750.00$
13 4,270,902.00$ 191,596.00$
A-M Freeway Projects 14 -$ -$
O Regional Capacity Program (RCP) 15 -$ -$ P Regional Traffic Signal Synchronization Program (RTSSP) 16 -$ -$ Q Local Fair Share 17 4,571,294.00$ 107,623.00$
R High Frequency Metrolink Service 18 -$ -$ S Transit Extensions to Metrolink 19 -$ -$ T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems
20 -$ -$
U Senior Mobility Program or Senior Non-Emergency Medical Program 21 255,642.00$ 17,223.00$ V Community Based Transit/Circulators 22 -$ -$ W Safe Transit Stops 23 -$ -$
X Environmental Cleanup Program (Water Quality) 24 -$ -$ Other* 25 392,503.00$ 66,750.00$
26 5,219,439.00$ 191,596.00$
27 (948,537.00)$ -$
* Please provide a specific description: This pertains to Traffic Migration Fees net of Expenditures related to the street lights and traffic signal improvements
TOTAL BALANCE (Subtract line 26 from 13)
TOTAL EXPENDITURES (Sum lines 14 to 25)
Description
Revenues:

TOTAL REVENUES (Sum lines 1 to 12)
Expenditures:
17 City/County of Garden Grove
M2 Expenditure Report
Fiscal Year Ended June 30, 2025
Streets and Roads Detailed Use of Funds
Schedule 3
Line
No. MOE Developer /
Impact Fees+ O O
Interest P P
Interest Q Q
Interest X X
Interest
Other
M22
Other
M2
Interest
Other* TOTAL
1 1,957,466.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1,957,466.00$ New Street Construction 2 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Street Reconstruction 3a 2,227,204.00$ -$ -$ -$ -$ -$ 4,405,475.00$ 107,623.00$ -$ -$ -$ -$ -$ 6,740,302.00$ Street Reconstruction - Pavement 3b 2,283,994.00$ -$ -$ -$ -$ -$ 20,000.00$ -$ -$ -$ -$ -$ 2,303,994.00$ Signals, Safety Devices, & Street Lights 4 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Pedestrian Ways & Bikepaths 5 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Storm Drains 6 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Storm Damage 7a -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Storm Damage - Pavement 7b -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 8 4,511,198.00$ -$ -$ -$ -$ -$ 4,425,475.00$ 107,623.00$ -$ -$ -$ -$ -$ 9,044,296.00$ Right of Way Acquisition 9 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 10 4,511,198.00$ -$ -$ -$ -$ -$ 4,425,475.00$ 107,623.00$ -$ -$ -$ -$ -$ 9,044,296.00$ Patching 11 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Overlay & Sealing 12 -$ -$ -$ -$ -$ -$ 145,375.00$ -$ -$ -$ -$ -$ -$ 145,375.00$ Street Lights & Traffic Signals 13 611,648.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 611,648.00$ Storm Damage 14 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Other Street Purpose Maintenance 15a 5,218,318.00$ -$ -$ -$ -$ -$ 444.00$ -$ -$ -$ -$ -$ -$ 5,218,762.00$
Other Street Purpose Maintenance - Pavement 15b -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 16 5,829,966.00$ -$ -$ -$ -$ -$ 145,819.00$ -$ -$ -$ -$ -$ -$ 5,975,785.00$ 17 -$ -$ -$ -$ -$ -$ -$ -$ -$ 255,642.00$ 17,223.00$ 392,503.00$ 665,368.00$ 18 12,298,630.00$ -$ -$ -$ -$ -$ 4,571,294.00$ 107,623.00$ -$ -$ 255,642.00$ 17,223.00$ 392,503.00$ 17,642,915.00$ 19 1 Includes direct charges for staff time Legend
2 Other M2 includes A-M, R,S,T,U,V, and W Project
+ Transportation related only A-M
* Please provide a specific description: This pertains to Traffic Migration Fees net of Expenditures related to the street lights and traffic signal improvements O P
Q
R
S
T
U
V
W
X
Type of Expenditure
Indirect and/or Overhead
Construction & Right-of-Way
Total Construction1 (Sum Lines 2 to 7b)
Total Construction & Right-of-Way (Sum Lines 8 & 9)
Description
Freeway Projects
Regional Capacity Program (RCP)
Regional Traffic Signal Synchronization Program (RTSSP) Maintenance
Total Maintenance1 (Sum Lines 11 to 15b)
Other
GRAND TOTALS (Sum Lines 1, 10, 16, 17)
Finance Director Confirmation
Any California State Constitution Article XIX streets and road eligible expenditure may be “counted” in local jurisdictions’ calculation of MOE if the activity is supported (funded) by a local jurisdictions’ discretionary funds (e.g. general fund). The California State Controller also provides useful information on Article XIX and the Streets and Highways Code eligible expenditures in its “Guidelines Relating to Gas Tax Expenditures for Cities and Counties”.

I have reviewed and am aware of these guidelines and their applicability in calculating and reporting on Maintenance of Effort expenditures.

Finance Director initial: _______________
Environmental Cleanup Program (Water Quality)
Local Fair Share
High Frequency Metrolink Service
Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems
Senior Mobility Program or Senior Non-Emergency Medical Program Community Based Transit/Circulators
Safe Transit Stops
Transit Extensions to Metrolink
18 City/County of Garden Grove
M2 Expenditure Report
Fiscal Year Ended June 30, 2025
Local Fair Share Project List
Schedule 4

PROJECT NAME TYPE OF EXPENDITURE AMOUNT INTEREST
CIP-HARBOR/GG INTERSECT ST IMP Other Street Purpose Maintenance 444.00$ CP-CHAPMAN REHAB LANDSCP MAINT CON - Street Reconstruction - Pavement 20,000.00$ CP-SLURRY SEAL PROJECTS Maintenance - Overlay & Sealing 145,375.00$ ARTERIAL ST IMPR FY25 CON - Street Reconstruction 4,405,475.00$ 107,623.00$ TOTAL PROJECT Q EXPENDED 4,571,294.00$ 107,623.00$
GRAND TOTAL PROJECT Q EXPENDED 4,678,917.00$
19 City/County of Garden Grove
M2 Expenditure Report
Fiscal Year Ended June 30, 2025
Signature Page
Date
11 Jurisdictions are encouraged to submit MOE eligible expenditures higher than their MOE benchmark, so that should certain expenses be ruled ineligible during an MOE audit, the local jurisdiction still has sufficient MOE expenditures to demonstrate continued achievement of the MOE benchmark.

I hereby certify that:
☐ All the information attached herein and included in schedules 1 through 4 is true and accurate to the best of my knowledge;
☐ The interest earned on Net Revenues allocated pursuant to the Ordinance shall be expended only for those purposes for which the Net Revenues were allocated;
☐ The City/County of ____________________ is aware of the State Controller’s “Guidelines Relating to Gas Tax Expenditures for Cities and Counties”, which is a guide for determining MOE Expenditures for M2 Eligibility purposes;
☐ The City/County’s Expenditure Report is in compliance with direction provided in the State Controller’s “Guidelines Relating to Gas Tax Expenditures for Cities and Counties;” and ☐ The City/County of ___________________ has expended in this fiscal year an amount of local discretionary funds for streets and roads purposes at least equal to or exceeding the FY 2024-25 MOE benchmark dollar amount 11.

Director of Finance (Print Name)
Signature
x
x
x
Garden Grove
x
Garden Grove
x
Patricia Song
12/1/2025
20 Item 449/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Ursula Luna-Reynosa
Dept:

City Manager Dept: Economic Development and
Housing

Date: 12/9/2025

Subject: Adoption of a Resolution for the California Department of Housing and Community Development 2024 Homeownership Super Notice of Funding Availability Grant. (Grant Amount: $2,204,000)(Action Item)

OBJECTIVE

The purpose of this memorandum is to request that the City Council adopt a Resolution for the 2024 Homeownership Super Notice of Funding Availability (HOSN), authorizing the Mayor to execute associated documents required by the California Department of Hou sing and Community Development (HCD).

BACKGROUND

On December 12, 2024, HCD issued a Notice of Funding Availability (NOFA) for the 2024 HOSN, which announced funding for local governments and nonprofit organizations to promote homeownership opportunities and support affordable housing development. The City submitted an application under the HOSN on March 13, 2025 to continue implementation of the First-Time Home Buyer Program, which offers deferred -payment loans to low - and moderate-income households purchasing their first home in Garden Grove. Additional funding from HCD would allow the City to keep the First -Time Home Buyer Program active over the next three (3) years, allow ing approximately 16 households to obtain up to $110,000 in down-payment assistance to purchase their first home in Garden Grove.

On October 16, 2025, HCD issued a Conditional Award Commitment to the City in the amount of $2,204,000 for the Mortgage Assistan ce activity. This award supports the City’s ongoing efforts to expand homeownership opportunities, strengthen neighborhoods, and assist qualified residents in achieving long-term housing stability.

DISCUSSION

As a condition of the award, HCD required the City to execute and submit an Acceptance of Terms and Conditions of Conditional Award form within ten (10) calendar days from the date of the award letter. Additionally, HCD requires submission of an adopted City Council 21 Item 449/2025

Resolution within sixty (60) calen dar days, authorizing the Mayor to execute the CalHome grant documents and participate in the program. Once these items are submitted and approved, HCD will issue a Standard Agreement to the City for final execution, allowing access to the awarded funds.

FINANCIAL IMPACT

There is no impact to the General Fund. The $2,204,000 award will be administered through the CalHome program and used solely for eligible homebuyer assistance activities. All administrative and program costs will be covered through the grant allocation.

RECOMMENDATION

It is recommended that the City Council:

 Adopt a Resolution authorizing the application and acceptance of grant and authorizing the Mayor to execute the Conditional Award Commitment and Acceptance of Terms and Conditions and any other documents necessary to implement the 2024 Homeownership Super Notice, CalHome, Round 2 award in the amount of $2,204, 000 from the California Department of Housing and Community Development.

By: Dana Yang, Program Specialist

ATTACHMENT(S)

1. CalHome Resolution

22

California Housing Accelerator 9/23/2021
Public Entity

GARDEN GROVE CITY COUNCIL

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE

AUTHORIZING THE APPLICATION AND ACCEPTANCE OF GRANT FOR THE CALHOME

PROGRAM UNDER THE HOMEOWNERSHIP SUPER NOTICE OF FUNDING AVAILABILITY (NOFA), ROUND 2

WHEREAS, the California Department of Housing and Community Development ("Department"), as authorized by the California General Fund, CalHome Proposition 46 and Proposition 1C, and the Building Homes and Jobs Act (Sen. Bill No. 2 (2017- 2018 Reg. Sess) §1: 2022 and 2023 CalHome has issued a Homeownership Super Notice of Funding Availability, dated December 12, 2024 and amended on October 2, 2025 (“Homeownership Super NOFA” ). The Homeownership Super NOFA provides funding under the following programs for homeownership: the CalHome Program and the Joe Serna, Jr., Farmworker Housing Grant Fund.

WHEREAS, the City of Garden Grove , a municipal corporation (“City”), submitted an application to the Department in response to the Homeownership Super NOFA (the “Application”) and was determined to be an eligible Grant Recipient under one or more of the foregoing programs (the “Program(s)”) pursuant to that certain conditional award letter, dated October 27, 2025 (the “Conditional Award Commitment”).

WHEREAS, pursuant to the Conditional Award Commitment, the Department made conditional awards to the City as follows:

Program Award
CalHome Program
Homeownership Development
Project Loan
$2,204,000
Total: $2,204,000

WHEREAS, each and all of the awards expressly identified above will hereinafter be referred to, both individually and collectively, as the “Program Award.”

NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City is authorized and directed to act in connection with the Program Award.

BE IT RESOLVED FURTHER that the City is hereby authorized and directed to accept and incur an obligation for the Program Award. That in connection with the total amount of the Program Award, the City is authorized and directed to enter into, execute, and deliver one or more, Standard Agreement(s), and any and all other documents required or deemed necessary or appropriate to secure the Program 23 Garden Grove City Council
Resolution No. ___

Award from the Department and to partici pate in the relevant Program(s), and all amendments thereto (collectively, the “Program Award Documents”).

BE IT RESOLVED FURTHER that the City acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agree ment(s) and that the Homeownership Super NOFA and the Application will be incorporated by reference therein and made a part thereof. The City also acknowledges and agrees that any and all activities, expenditures, information, and timelines represented and described in the Application are enforceable through the relevant, Standard Agreement(s). The City also acknowledges and agrees that Program Award funds are to be expended only on the eligible uses and activities identified in the relevant, Standard Agreement(s).

BE IT RESOLVED FURTHER that the Mayor is hereby authorized to execute the Program Award Documents on behalf of the City.

24 Item 450/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

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

City Manager Dept: Public Works
Date: 12/9/2025

Subject: Acceptance of Project No. CP1268010 – Trask and Westhaven Reservoir/BPS SCADA Improvements Project, as complete. (Action Item)

OBJECTIVE

For the Garden Grove City Council to accept Project No. CP1268010 – Trask and Westhaven Reservoir / BPS SCADA Improvements Project as complete, and authorize the City Manager to execute the Notice of Completion of Public Improvements and Work.

BACKGROUND

In the 2020 the Supervisory Control And Data Acquisition (SCADA) Master Plan had identified a list of 22 projects to be implemented over a 5-year period with an overall estimated budget of $7.8 million, which includes design and construction.

Trask and Westhaven Reservoir / BPS SCADA Improvem ents Project is one of the projects identified which upgraded the SCADA software and hardware equipment to operate the Trask and Westhaven Reservoirs and Booster Pump Stations. This project consisted of demolishing and retrofitting Programmable Logic Contr oller (PLC) Control Panels, installation of new control panels, installation of new chemical dosing skids, replacement of select field instrumentation and valve controls, and replacement of engine control panels. New conduit, conductors, and junction boxes were also installed as indicated on the Drawings.

DISCUSSION

The contractor, LEED Electric, Inc., has completed this project in accordance with the plans, specifications and other contract documents.

FINANCIAL IMPACT

There is no financial impact to ac cept Project No. CP1268010 – Trask and Westhaven Reservoir / BPS SCADA Improvements Project as complete . Retention will be release after recordation of the Notice of Completion with the County of Orange and expiration of the statutory period.
25 Item 450/2025

RECOMMENDATION

It is recommended that the City Council:

 Accept Project No. CP1268010 - Trask and Westhaven Reservoir / BPS SCADA Improvements Project as complete, and authorize the City Manager , or designee, to execute the Notice of Completion of Public Improvement and Work; and

 Authorize the Finance Director, or designee, to release the retention payment when appropriate to do so.

By: Rebecca Li, P.E., Senior Civil Engineer

ATTACHMENT(S)

1. Notice of Completion

26 RECORDING REQUESTED BY
When Recorded Mail To:

City Clerk
City of Garden Grove
P. 0. Box 3070
Garden Grove, CA 92842

NOTICE OF COMPLETION

OF PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN that the Garden Grove City Council, Orange County, California, has caused a public improvement, to wit:

PROJECT NO. CP1268010

TRASK AND WESTHAVEN RESERVOIR / BPS SCADA IMP ROVEMENTS

PROJECT
to be constructed upon the property hereinafter described. The contract for furnishing of all plant, labor, services, materials, and equipment, and all utilities and transportation, including power, fuel, and water, and performing all work necessary to construct and complete, in a good and workmanlike manner in strict accordance with the specifications, plans, and drawings therefore on file in the office of the City Clerk of the City of Garden Grove, for the construction, installation and completion of the above-described public improvement and work, was heretofore made and entered into with LEED Electric, Inc., on the 27th day of June, 2023, and filed for record in the office of the City Clerk of the City of Garden Grove; that the work upon said public improvement has been completed, and that the City Engineer has notified the City Council that he has made and completed a final inspection of the materials furnished and installed and the work performed in the construction, installation, and completion of said public improvement hereinabove more particularly described and set forth, and has certified in writing to the City Council that all the provisions of the contract and contract documents for the furnishing of all plant, labor, services, materials, and equipment, and the performing of all work necessary for the construction, installation, and completion of said public improvement above described have been fully complied with to his satisfaction as required by the contract document; that final acceptance of the construction, installation, and completion of said public improvement above described was made on the 17th day of November 2025; that the nature of the title to said property of said City Council is as follows: That is to say, it owns said public improvement in fee except the right-of-way upon which it is constructed, and that it owns an easement upon, over, and along said right-of-way for the purpose of the construction, installation, and completion of said public improvement hereinabove described and the use thereof after said completion; that the property hereinabove referred to and on which said public improvement is situated is described as follows, to wit:

PROJECT NO. CP1268010

TRASKAND WESTHAVEN RESERVOIR / BPS SCADA IMPROVEMENTS

PROJECT
27 NOTICE OF COMPLETION
PROJECT NO CP1268010 - TRASK AND WESTHAVEN RESERVOIR / BPS SCADAIMPROVEMENTS

PROJECT
December 8, 2025

NAME OF SURETY on Labor and Material Bond is: Endurance Assurance Corporation DATED this
725 S. Figueroa Street, Suite 2100
Los Angeles, CA 90017
Tel No. (213) 270-7000
day of20

GARDEN GROVE CITY COUNCIL
ATTEST:

By
City Manager of the Garden Grove
City Council
Secretary of Garden Grove City Council

STATE OF CALIFORNIA

COUNTY OF ORANGE
I am the Public Works Director of the City of Garden Grove.

I have read the foregoing Notice of Completion of Public Improvement and Work, and know the contents thereof; and I certify that the same is true of my own knowledge, except as to those matters, which are therein stated upon my information or belief, and as to those matters I believe to be true.

I certify (or declare), under penalty of perjury, that the foregoing is true and correct.

Executed on//•//-./7^atGarden Grove, California
''Date)(Place)
Wjjti&rnlt Mur^iy,
/Public Wo^K§ Dij-jedor/'"""" "7"^ ""^'
28 Item 420/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: John Montanchez
Dept:

City Manager Dept: Community Services
Date: 12/9/2025

Subject: Approval of a five year Agreement with the Strawberry Festival Association to conduct the annual Strawberry Festival and Parade each Memorial Day weekend through 2030. (Action Item)

OBJECTIVE

To seek City Council approval of a new five -year agreement between the City and the Strawberry Festival Association ( the Association), allowing the Association to conduct the annual Strawberry Festival at Village Green Park and the Parade on City streets over Memorial Day weekend for the next five years, through 2030.

BACKGROUND

For 66 years, the Association has organized the annual Strawberry Festival and Parade each Memorial Day weekend. The four -day event includes an Opening Ceremony with free strawberry cake, Parade featuring celebrities and community groups, carnival rides and games, food, craft, local vendors, live entertainment on two stages, and family friendly contests and activities. The most recent agreement between the City and the Association authorized the Association to conduct this event through 2025.

The Association has requested that the City allow them to continue to conduct the annual Strawberry Festival at Village Green Park and Parade on city streets.

DISCUSSION

City staff has worked with the Association to develop a new five-year agreement (attached), allowing the Association to continue hosting the annual Strawberry Festival at Village Green Park and the Parade on City streets from 2026 through 2030. The key provisions of the Agreement include the following:

 Association will reimburse the City for agreed upon costs attributable to the operation of the four-day festival.

29 Item 420/2025

 Association and its contractors and vendors will comply with insurance requirements, including designation of the City of Garden Grove as an additional insured on the insurance policies.

 Association will comply with all city, county and state laws and regulations applicable to the four-day festival.

 Association will be responsible for completing a financial review acceptable to the City.

The proposed Agreement has been reviewed and signed by representatives from the Association, and has been approved as to form by the City Attorney.

FINANCIAL IMPACT

The Association is required to reimburse the City for costs incurred in support of the annual Festival and Parade, up to the maximum amount specified for each festival year. Additionally, each year the Association would be responsible for all extraordinary costs attributable to the operation of the Festival and Parade, as well as a $10,000 reimbursement for turf renovation.

Actual City costs may exceed the agreed -upon reimbursement amount, and any additional costs will be absorbed by the respective City departments within their operating budgets.

RECOMMENDATION

It is recommended that the City Council:
 Approve the Agreement with the Strawberry Festival Association to conduct the annual Strawberry Festival at Village Green Park and Parade on city streets over the Memorial Day weekend of May 21-25, 2026, as well as each of the next four years, through 2030; and
 Authorize the City Manager, or designee, to execute the agreement on behalf of the City, and make minor modifications as appropriate.

By: Janet Pelayo, Deputy Director

ATTACHMENT(S)

1. Agreement between the City of Garden Grove and Strawberry Festival Association

2. SFA Agreement - Exhibit A Map Diagram

30 1

STRAWBERRY FESTIVAL AGREEMENT

THIS AGREEMENT is made and entered into this ____ day of _____ 2025, by and between the CITY OF GARDEN GROVE, a municipal corporation, hereinafter referred to as "CITY", and the GARDEN GROVE STRAWBERRY FESTIVAL ASSOCIATION, INC., a California non-profit corporation, hereinafter referred to as "ASSOCIATION".

RECITALS

A. CITY may lawfully expend money accruing to its general fund for purposes of supporting community events.

B. ASSOCIATION has received City Council permission to sponsor and conduct an annual FESTIVAL and related activities in the City of Garden Grove, commonly known as the "Strawberry Festival."

C. CITY wants to ensure the safety of all residents and orderly conduct of all participants in the FESTIVAL.

D. ASSOCIATION has requested, and CITY agrees to grant, aid in connection with defraying the expenses of the FESTIVAL activities subject to the terms and conditions provided herein.

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. TERM. The term of this Agreement shall be from the date first noted above through January 31, 2031, unless earlier terminated pursuant to Section 41 herein. The purpose of this Agreement is to allow ASSOCIATION to conduct the annual Strawberry Festival on Memorial Day weekend of each year during 2026-2031. The primary location for the FESTIVALs shall be at Village Green Park ("Park").

2. REIMBURSEMENT.

A. ASSOCIATION shall reimburse CITY for its direct and indirect costs attributable to operation of the FESTIVAL (including a parade, if held) in an amount not to exceed the amount listed for each FESTIVAL year except as otherwise set forth herein. 2026 $52,000
2027 $52,000
2028 $62,000
31 2

ASSOCIATION agrees to pay such costs within thirty (30) days following the mailing of an invoice by CITY to ASSOCIATION for such costs.

B. ASSOCIATION agrees to reimburse CITY for all extraordinary costs attributable to the operation of the FESTIVAL not covered elsewhere in this Agreement.

Extraordinary costs include, but are not limited to, the rental of barricades, purchase of special signs, and overtime costs for personnel that may include responding to emergency situations involving the Park facilities and grounds. CITY shall provide an itemized i nvoice to ASSOCIATION for all extraordinary costs. Extraordinary costs shall be agreed upon by the ASSOCIATION Board of Directors, the Community Services Director, the Public Works Director and the City Manager.

Once the reimbursement amount is set, ASSOCI ATION agrees to provide payment within thirty (30) days.

C. ASSOCIATION shall be responsible for and agrees to pay the full cost of any repair of damages to the FESTIVAL site (except as otherwise set forth herein), buildings, fixtures, property and other structures, including the irrigation system, that are attributable to the FESTIVAL operations. ASSOCIATION agrees to pay the cost of damages within thirty (30) days of the mailing by CITY to ASSOCIATION of an itemized invoice of the damages.

3. FESTIVAL ACTIVITIES. ASSOCIATION agrees to use its knowledge and experience to organize, promote, advertise and conduct during each year covered by this Agreement, and any renewal thereof, in the City of Garden Grove a citywide celebration known as the "Strawberry Festival." Expressly prohibited from FESTIVAL activities are helicopter rides, and activities, music or speech that call, incite or provoke an immediate breach of the peace.

CITY reserves the right to immediately stop and terminate any such activity. All music, whether live or recorded, shall be planned and implemented by the ASSOCIATION as an activity that is ancillary to the FESTIVAL , not designed in and of itself to draw spectators to the FESTIVAL .

Each live music performance shall be staged in an area with a seating capacity. The volume on all music provided at the FESTIVAL s h a l l not exceed 70 decibels at any time at any property line of the FESTIVAL site . The ASSOCIATION shall provide sufficient security, as determined to be appropriate in the reasonable exercise of discretion by CITY's Chief of Police, to ensure compliance with all requirements of this Agreement, including but not limited to the requirements for music provided at the FESTIVAL. The Parties hereto acknowledge that ASSOCIATION has chosen in the past to utilize the Garden Grove Police Department for security purposes. Should ASSOCIATION decide instead to utilize a private security firm for such services , ASSOCIATION shall coordinate with CITY’s Chief of Police to ensure that adequate security is provided. ASSOCIATION shall notify CITY at least thirty (30) days in advance of the FESTIVAL of the name of each music group, type of music and type of amplification system which will be used by each group providing live music at the FESTIVAL in order to ensure that requirements of this Agreement will be met. In addition, at the same time, 2029 $62,000
2030 $75,000
32 3

ASSOCIATION shall provide to CITY identification of the areas of the FESTIVAL site at which each musical group will perform, the times during which the performances will occur and the seating arrangements and capacities to be provided by the FESTIVAL for each such performance. Notwithstanding the foregoing, ASSOCIATION shall comply with the requirements of Garden Grove Municipal Code Section 8.47.060(G)(2) regarding filing a registration statement with CITY's Zoning Administrator at least seven (7) days prior to use of any sound amplification equipment during the FESTIVAL . The noise levels of the FESTIVAL shall not disturb the peace of the surrounding community. If the Police Department determines that the FESTIVAL’s noise level is disturbing the peace of the surrounding community, ASSOCIATION shall lower the noise volume of the offending source(s) as directed by the Police Department.

4. FESTIVAL PARTICIPANTS. ASSOCIATION shall have sole responsibility for arranging and providing all contractors, persons, organizations, businesses and employees necessary to properly conduct FESTIVAL activities.

5. USE OF THE V I L L A G E GREEN . In consideration for ASSOCIATION's activities, as provided herein, CITY grants ASSOCIATION a non-exclusive right to use the Village Green during the period beginning the Thursday preceding the opening week of the FESTIVAL , and continuing through the Memorial Day holiday, for the purpose of operating the FESTIVAL ; including, but not limited to, food booths, amusement zone operations, ancillary music and related uses, subject to ASSOCIATION submitting a schedule of events and complete plot plan (vendor locations, carnival area, stage area, vehicles, fire lanes, etc.) by thirty (30) days before the FESTIVAL and the approval of the submitted schedule and plot plan by the City Manager or designee, and provisions provided herein. CITY acknowledges that it does not intend to authorize any other community event on the Village Green concurrently with the FESTIVAL, but reserves its right to use any portion of the site for municipal purposes during the FESTIVAL. Should the CITY enter onto the FESTIVAL site during the FESTIVAL, it shall use reasonable efforts to minimize impacts on the conduct of the FESTIVAL.

The A m p h i t h e a t e r shall be reserved for use by ASSOCIATION for the period beginning the Saturday before the FESTIVAL and continuing through Memorial Day, or as otherwise mutually agreed by ASSOCIATION and CITY. The Amphitheater lessee shall provide access to the stage, lighting, sound, and restroom facilities for ASSOCIATION use. The ASSOCIATION will need to coordinate with the Lessee for the operation of the lighting and sound equipment. The foregoing does not apply to the following areas in the: kitchen, locker room, and office spaces.

The Amphitheater Lessee may utilize the Amphitheater Concession Area for fund raising purposes during the Strawberry Festival, provided that the Lessee complies with all applicable rules and directions of ASSOCIATION, including obtaining insurance covering the ASSOCIATION as an additional insured. The coverage shall cover the activities, products sold, and premises occupied by the Lessee. Any organizations operating under the authority of the Lessee shall carry similar insurance. The amount of the insurance shall be the same as that amount required by the ASSOCIATION from all other non­profit food vendors at the Strawberry Festival. Additionally, if Lessee is not a non -profit organization, the Lessee would be required to 33 4

pay the ASSOCIATION to operate as a commercial food vendor. If the Lessee requests for a different organization to utilize the Amphitheater Concession Area, the request would be subject to approval by the ASSOCIATION and the organization would be required to pay the appropriate fee.

CITY agrees to allow ASSOCIATION to make use of the Community Meeting Center the Saturday preceding Memorial Day, and the Courtyard Center throughout the duration of the FESTIVAL. ASSOCIATION agrees to compensate CITY for the cost of CITY personnel required to open and operate the facilities for ASSOCIATION use, and for any goods provided by CITY at request of ASSOCIATION incidental to such usage.

6. PA RK USAGE CONDITIONS. CITY agrees not to charge ASSOCIATION for use of the Village Green.

ASSOCIATION shall be responsible for the continual clearing of trash/debris from the site during each FESTIVAL. ASSOCIATION shall further be responsible for and agrees to provide proper clean-up of the FESTIVAL site upon conclusion of each FESTIVAL, including proper clean-up of the parking areas used for the FESTIVAL, except privately-owned parking lots. "Proper clean-up" shall mean that the open, visible ground is free of litter, lumber, construction materials and other materials resulting from FESTIVAL operations and that these materials are removed from the grounds and disposed of properly. ASSOCIATION shall reimburse CITY for any costs CITY incurs for site clean-u p, including but not limited to special materials, labor, overtime, or damage to FESTIVAL site, which result in additional charges.

ASSOCIATION shall provide adequate trash containers and portable restrooms during the FESTIVAL, which restrooms shall be cleaned daily by ASSOCIATION.

ASSOCIATION shall contact Dig Alert, 811 or www.digalert.org , in accordance with the requirements of Government Code Section 4216 et seq., prior to driving or placing any stake or other item into the ground, and shall avoid all areas identified through Dig Alert as containing underground facilities of any type whatsoever.

ASSOCIATION shall be responsible for and agrees to pay the full cost of any repair of damages to the FESTIVAL site (except normal wear and tear to the grass), buildings, fixtures and other structures, including the irrigation system, that are attributable to FESTIVAL operations.

ASSOCIATION also agrees to be responsible for and pay an amount not to exceed Ten Thousand Dollars ($ 10,000) for the renovation of the turf area , including aeration, fertilization and over- seeding. In advance of the FESTIVAL, CITY shall mark the location of the irrigation system.

ASSOCIATION shall provide plans and calculations to CITY for approval no later than thirty (30) days before the event for proposed stages, platforms, tent structures and electrical systems for approval. ASSOCIATION shall designate a representative for the coordination of all safety related activities pertaining to electrical and structural matters at the FESTIVAL. ASSOCIATION shall obtain the inspection of and approval by CITY’s Building Services Division of all structures and electrical systems prior to the first day of each FESTIVAL.

Structures, including sanitary facilities, must comply with the accessibility requirements of Title 24 of the California Building Code (Handicap Access ). ASSOCIATION may schedule an 34 5

inspection upon permit issuance or contact the City of Garden Grove Inspection Request Line, at (714) 741-5332, to request inspections.

7. FENCE. ASSOCIATION shall install and remove temporary fencing satisfactory to CITY along the perimeter of FESTIVAL area at Village Green Park, and other areas requested by CITY. Fencing shall have fenc e poles secured by sand bags or water containers only. Attached is a sample diagram referred to as Exhibit A.

ASSOCIATION shall also provide fencing, satisfactory to CITY, in the median on Euclid Street to discourage mid -block crossing between Stanford a nd College. In addition, ASSOCIATION must ensure that the fencing contractor provides the necessary traffic control during the installation and removal of fencing.

ASSOCIATION shall remove all fencing within 48 hours after the end of FESTIVAL.

8. PARKING. ASSOCIATION shall obtain pre-approval from the Garden Grove Police Department regarding any proposed parking restrictions or modifications in traffic flow prior to the event. Nothing in this Agreement authorizes FESTIVAL access to parking other than that which is generally available to the public.

9. STORM WATER QUALIT BEST MANAGEMENT PRACTICES. ASSOCIATION will use best management practices (BMP’s) to prevent or control the discharge of pollutants and minimize non-storm water runoff from the FESTIVAL site. BMP’s may include structural or non-structural solutions, a schedule of activities, prohibition of practices, maintenance procedures or other management practices used to prevent or reduce the discharge of pollutants to the CITY’s storm drain system, which include street curbs and gutters.

ASSOCIATION shall contact City of Garden Grove Environmental Compliance staff at (714) 741-5375 during office hours for assistance in choosing the appropriate BMP’s for the Festival.

10. D I S P O S A L O F W A S T E A N D R E C Y C L I N G.

ASSOCIATION shall comply with the Garden Grove Municipal Code (GGMC ) and/or Garden Grove Sanitary District (GGSD) Co de of Regulations (GGSDCOR) as it relates to trash and recycling, including but not limited to GGMC, Section 9.18.040.060, pertaining to the waste reduction and recycling for community and special events, and GGSDCOR Title 5. ASSOCIATION is additionally required to provide for the collection of general trash, and recyclable materials in separate waste containers during the scope and course of the FESTIVAL.

ASSOCIATION shall provide adequate solid waste collection containers for general waste and recyclable materials during the FESTIVAL. Containers used for the collection of general waste and recyclable materials shall be clearly labeled and easily identified. ASSOCIATION and its vendors and contractors shall dispose of all clean cardboard products as a recyclable material.

ASSOCIATION shall contract with Republic Services to ensure appropriate disposal of all waste generated during the FESTIVAL. Agreements for solid waste disposal shall be subject to approval by 35 6

CITYGGSD.

At the conclusion of the event, i f there is any left-over edible food (as defined by the GGSDCOR), items shall be diverted away from the waste stream and donated to staff, volunteers, or a local food recovery organization.

11. FINANCIAL REVIEW AND REPORTING. ASSOCIATION agrees that it will, by the end of the following January after each FESTIVAL, furnish CITY with an accounting of its income and expenditures in connection with the FESTIVAL and related activities. Such information may be in the form of an audit report, or similar suitable documentation, prepared by a Certified Public Accountant acceptable to CITY. The review and reporting shall ensure t h a t comprehensive and transparent information regarding FESTIVAL l-related receipts and disbursements is provided. ASSOCIATION financial controls shall include the following:

• Maintain and provide for review a general ledger accounting system that encompasses all transactions of ASSOCIATION, and within that accounting system, the maintenance of all bank accounts, revenue accounts, and expense accounts used for the purpose of transacting FESTIVAL -related business.

• Implement internal controls over cash receipts and disbursements, including but not limited to monthly bank reconciliations for all ASSOCIATION bank accounts, a system of initiation, authorization, asset custody, transaction documentation and processing, and oversight of disbursements to employees related to payroll, to volunteers related to expense reimbursements, to vendors related to purchases of goods and services, and to community assistance organizations related to the distribution of FESTIVAL proceeds, the records of which shall be provided to the CITY for review upon written request by CITY's Director of Community Services.

• Compliance with federal form 990 reporting requirements.

• Compliance with state form 199 reporting and payment requirements.

• Compliance with California Secretary of State, Statement of Information reporting and payment requirements, related to the maintaining of the ASSOCIATION in good standing with the State of California.

• Compliance with California Attorney General registration renewal reporting and payment requirements related to the Registry of Charitable Trusts.

• Compliance with federal and state payroll and payroll tax payment and reporting laws and regulations.

• Compliance with federal and state reporting laws and regulations pertaining to payments made to independent contractors.

36 7

• Compliance with provisions of this and all other contracts.

• Compliance with all provisions of grants agreements procured related to FESTIVAL related activities.

12. COMMERCIAL FOOD SALES. All commercial mobile trailers with food vending equipment, whether or not operated by owner of said equipment, are required to have a permit from the Orange County Health Department prior to operation on FESTIVAL grounds.

ASSOCIATION shall make every effort to ensure that required permits have been obtained prior to the opening of the FESTIVAL. Any commercial equipment found in operation without the required Orange County Health Department permits shall be closed. ASSOCIATION shall ensure all mobile food/beverage vendors, including but not limited to, commercial mobile trailers or mobile food trucks on FESTIVAL grounds, possess a valid City of Garden Grove Business License Tax Certificate.

13. HEALTH DEPARTMENT. Prior to the opening of the FESTIVAL, ASSOCIATION shall provide the Orange County Health Department and CITY with a list of food/beverage concession vehicles or stand vendors and their approximate location on the grounds. A permit is required for all food/beverage concession vehicles or stand vendors storing, selling, and/or offering at no cost the food and beverages. All health permit applications for non-profit and commercial entities shall be submitted to the Orange County Health Department no later than two weeks prior to the FESTIVAL.

14. HEALTH COMPLIANCE. All food and candy concessions shall be operated in compliance with the "MINIMUM STANDARDS FOR CLEANLINESS AND

FOOD/BEVERAGE PROTECTION FOR HANDLING FOOD/BEVERAGE AT SPECIAL EVENTS", or its successor standards, relating to prepackaged and unpackaged foods and beverages, and Orange County Health Department Guidelines.

ASSOCIATION shall work with the Orange County Health Department to ensure compliance with all health regulations by all food/beverage concessions at the FESTIVAL. In addition, the Orange County Health Department, the Police Chief, the Fire Chief, or their designees, shall have the right, at their sole discretion, to close any food/beverage booth that becomes non- compliant during the FESTIVAL. Any such food/beverage booth found shall not be allowed to reopen until satisfactory compliance is demonstrated.

15. FOOD/BEVERAGE SALES COORDINATION. ASSOCIATION shall designate a representative for the coordination of all food/beverage service activities at the FESTIVAL. This person shall coordinate with the Orange County Health Department during the planning stages of FESTIVAL development to ensure that food/beverage service activities occur in compliance with all regulatory requirements.

16. SAFETY COORDINATION. ASSOCIATION shall designate a representative for the coordination of all safety related activities pertaining to electrical and structural matters at the FESTIVAL. This person shall coordinate with the CITY's Building Official during the planning stages and conduct of the FESTIVAL.
37 8

17. SECURITY PLAN. If the Garden Grove Police Department does not serve as the primary security for FESTIVAL, then the ASSOCIATION shall develop an operation and security plan for FESTIVAL operations. This plan for the operation and security of the FESTIVAL shall be submitted to the Chief of Police of CITY for approval no later than t h i r t y (30) days before the FESTIVAL. ASSOCIATION shall obtain the approval of such plan from the Chief of Police, which approval shall not be unreasonably withheld. Insurance information for all security related contracts shall be submitted to CITY's Finance Director in accordance with Section 25 of this Agreement.

18. PERMITS. In consideration of the community benefit derived from the Strawberry FESTIVAL, the CITY agrees to waive the community event and street closure permit fees for the Strawberry FESTIVAL. However, ASSOCIATION and FESTIVAL Participants (including vendors), as described in Section 4 above, shall comply with all applicable laws, and shall obtain and comply with all required permits. It shall be the responsibility of the ASSOCIATION to obtain, or cause to be obtained, all required permits, including but not limited to Community Event Permits, Street Closure Permits, and Blanket Business License Tax Certificate, which will include a copy of the Seller’s Permit (s) from the Ca lifornia Department of Tax and Fee Administration for each organization or group participating in the FESTIVAL where applicable.

19. FIRE REGULATIONS. No later than thirty (30) days before the FESTIVAL, ASSOCIATION shall provide an occupancy plan, exiting plan, and a general plot plan to the Orange County Fire Authority Prevention Field Services, or their authorized representative. Items to be on the plot plan are: location of all vehicles, generators, stages, emergency lighting, stands, tents/canopies, amusement zone activities/rides, food vendors, medical station, fire lanes and fire department access, dates and times of the event, and all emergency contacts for the event (event , security, stage and tent contact numbers). ASSOCIATION shall comply with all applicable current California Fire Code provisions. All California Fire Code and California Building Code required permits shall be obtained at least three (3) weeks prior to the beginning of the FESTIVAL. Permits may be required but are not limited to: generators, stages, booths, emergency lighting, cooking booths, tents, egress, and amusement rides. In addition, ASSOCIATION shall obtain approval from the Orange County Fire Authority Prevention Field Services, or their authorized representativ e, of all cooking appliances and fuels before use at the FESTIVAL.

Tents over 400 square-feet require Orange County Fire Authority permits.

ASSOCIATION shall h a v e t h e i r t e n t c o m p a n y submit site plans, tent layout plans and anchorage plans (CFC Section 105.6.45) a t l e a s t t w o ( 2 ) w e e k s b e f o r e t h e F E S T I V A L.

ASSOCIATION shall ensure that each cooking booth shall provide and mount a 2A10:BC fire extinguisher (Class K fire extinguisher where deep fryers are used) with adequate pressure and current State Fire Marshal's service tag. (CFC 906.1, Title 19, Sec. 567)

ASSOCIATION shall ensure access and visibility of fire hydrants, fire connections, suppression system, and appliances at all times.

38 9

Use of fireworks is strictly prohibited.

ASSOCIATION shall comply with all exit requirements set forth in the California Fire Code and provide adequate exits for all occupants with the proper exit width and direction.

20. FESTIVAL SCHEDULE. ASSOCIATION shall be entitled to promote and stage events throughout the city during the entire month of May of each year during the term of this agreement. When such events require a Community Event Permit, ASSOCIATION shall comply in a timely manner. Amusement attractions shall be confined to the amusement zone.

The FESTIVAL shall be operated within the bounds of the following schedule:

Thursday
Open no earlier than 9 AM
Completely closed by 6 PM

Friday
Open no earlier than 1 PM
(Open no earlier than 10 AM if GGUSD schools have non-student day.) Completely closed by 10 PM

Saturday
Open no earlier than 10 AM
Completely closed by 10 PM

Sunday
Open no earlier than 10 AM
Completely closed by 10 PM

Monday
Open no earlier than 10 AM
Completely closed by 9 PM

"Completely closed" shall mean the cessation of FESTIVAL related activities, including music and other entertainment, amusement rides, food and game booth operations and all other FESTIVAL activities, and shall not mean the vacation of the FESTIVAL grounds by FESTIVAL patrons. An earlier closing time of the amusement zone may be determined by representatives of the Orange County Fire Authority, Police Department or FESTIVAL officials.

The erection of commercial booths may commence one an half weeks ahead of the scheduled opening; other amusement zone set-up shall commence no earlier than the Thursday before the scheduled opening, and all equipment shall be removed within one week after Memorial Day.

39 10

21. POLICE SERVICES. The Garden Grove Police Department reserves the right to revoke the FESTIVAL event permit at any time without prior notice to or permission from ASSOCIATION if, in the opinion of the Chief of Police, or his designee, it is in the best interest of the general public and public safety. ASSOCIATION agrees to compensate CITY for extraordinary law enforcement costs when such extraordinary services are deemed necessary and are rendered to the FESTIVAL. Determination of whether extraordinary police services are needed, and the amount thereof, shall be made by the Chief of Police, at his sole discretion. Costs for extraordinary Police services shall be agreed upon by the ASSOCIATION President, the Chief of Police and the City Manager.

22. BUSINESS. ASSOCIATION shall submit a completed Blanket Business License Tax Application, which will cover and encompass all business activity within the footprint of the event. This includes a completed Vendor/Exhibitor/Sponsor worksheet that lists all persons and entities promoting their business through the event, either by selling a product, exhibiting a product, sampling a product, or providing sponsorship for the event, and a completed Service Provider worksheet that lists all persons or businesses providing a service that helps to put on the event. Per State La w, R&T 6073 (a)(1) ASSOCIATION will obtain from all vendors that are selling tangible sales taxable item a copy of a valid Seller’s Permit issued by California Department of Tax and Fee Administration. Seller’s Permit must display the event’s Garden Grove address. All copies of Seller’s Permits must accompany Blanket Business License Tax Application. All documents and related payment must be submitted two weeks prior to the commencement of the FESTIVAL. If data related to Business Licenses, Seller's Permits, and other similar items is incomplete or unsatisfactory, the Business License Tax Certificate will not be issued and the FESTIVAL will be considered in violation of GGMC Title 5, Chapter 5.01, Section 5.01.040(A). Additionally, if a field inspection is conducted, a minimum for four ( 4 )hours will be charged at the current hourly rate , payable by ASSOCIATION, which hourly rate may be adjusted annually by CITY as CITY costs increase.

ASSOCIATION shall ensure that any person or entity soliciting donations for charitable purposes at FESTIVAL shall submit to CITY a completed “Application to Solicit for Charitable Purposes”, satisfactory to CITY, no later than two weeks prior to the FESTIVAL.

In compliance with the prohibition against commercial cannabis activities in Chapter

9.52 of the Garden Grove Municipal Code, ASSOCIATION shall ensure that there is no selling, marketing and/or advertisement of Cannabis products.

23. PARADE CONDITIONS. CITY agrees not to charge ASSOCIATION for use of the public streets closed for the purposes of the parade. CITY will provide a parade route is in a clean and safe condition prior to the parade. ASSOCIATION agrees to pay the extraordinary costs involved in the parade, which may include street sweeping and the purchase of temporary no parking signs.

ASSOCIATION shall obtain approval in advance from the Garden Grove Police Department for the parade route. Such approval shall not be unreasonably withheld.

ASSOCIATION shall be responsible for the proper dispos al of waste generated by 40 11

the horses on the parade route. Additionally, for identifying a location for the staging of horse trailers that shall be approved by the CITY.

24. SHOWMOBILE. CITY will waive the rental costs for use of the Showmobile stage. ASSOCIATION agrees to work with CITY to schedule Showmobile placement and usage to minimize costs incurred.

25. INSURANCE. ASSOCIATION shall take out and maintain during the life of this Agreement, commercial general liability insurance, including contractual liability, and shall protect ASSOCIATION and CITY from claims for such damages. This insurance shall be in the amount normally carried by ASSOCIATION for such purposes, but in no event shall it be less than:

$5,000,000 (five million dollars ) per occurrence for Bodily Injury and Property Damage Liability, and $5,000,000 (five million dollars) general aggregate. (“Claims Made” and “Modified Occurrence” policies are not acceptable.)

ASSOCIATION shall furnish to CITY a Certificate of Insuran ce signed by the authorized agent of the insurance carrier issued on the insurance carrier’s form setting forth the general provisions of the insurance coverage under the commercial general liability policy. An additional insured endorsement shall designate the City of Garden Grove, its employees, agents, volunteers, and officials as Additional Insureds for on-going operations under the policy (Additional Insured Endorsement form CG 2026, or equivalent, as approved by CITY ) and shall be submitted by ASSOCI ATION to CITY for approval not less than thirty (30) days prior to the event. (“Claims Made” and “Modified Occurrence” policies are not acceptable.) ASSOCIATION shall provide to CITY endorsements from each insurance carrier wherein the insurance carrier shall give CITY thirty (30) days advance written notice of any material change, cancellation, or termination of coverage.

ASSOCIATION shall obtain an Certificate of Insurance and Additional Insured Endorsements evidencing proof of not less than $10,000 ,000 (ten million dollars) commercial general liability insurance, per occurrence, and not less than $10,000,000 (ten million dollars) general aggregate policy from any vendor providing rides, games or other “carnival-type” activities at the FESTIVAL , naming the City of Garden Grove, its employees, agents, volunteers, and officials , as Certificate Holders and Additional Insureds. The Certificate and Endorsement (CG 2026, or equivalent and CG 2037 or equivalent, as approved by CITY) shall be submitted by AS SOCIATION to CITY for approval not less than thirty (30) days prior to the event. (“Claims Made” and “Modified Occurrence” policies are not acceptable.) ASSOCIATION shall provide to CITY endorsements from each insurance carrier wherein the insurance carrier shall give CITY thirty (30) days advance written notice of any material change, cancellation, or termination of coverage.

In addition to the above -required insurance, ASSOCIATION shall ensure that all of ASSOCIATION’s contractors obtain and maintain not less than $2,000,000 (two million dollars) commercial general liability insurance per occurrence, and not less than $ 4,000,000 ( four million dollars) general aggregate. This includes, but is not limited to, contractors providing parade coordination services, fencing, trash collection, sanitary facilities, tents, tables/chairs and site security. The City of Garden Grove, its employees, agents, volunteers, and officials , shall be designated as Additional Insureds on these policies for on -going operat ions. The required Certificates and Additional Insured Endorsements (CG 2026, or equivalent, as approved by CITY) shall be collected and maintained by ASSOCIATION not less than thirty (30) days prior to the event. (“Claims Made” and “Modified Occurrence” policies are not acceptable.) The 41 12

endorsements from each insurance carrier shall provide that the insurance carrier shall give CITY not less than thirty (30) days advance written notice of any material change, cancellation, or termination of coverage.

ASSOCIATION shall ensure that all of ASSOCIATION’s vendors and sponsors obtain and maintain not less than $1,000,000 (one million dollars) commercial general liability insurance per occurrence, and not less than $ 2,000,000 ( two million dollars) general aggregate. The City of Garden Grove, its employees, agents, volunteers, and officials , shall be designated as Additional Insureds on these policies for on -going operations. The required Certificates and Additional Insured Endorsements (CG 2026, or equivalent, as approved by CITY) shall be collected and maintained by ASSOCIATION not less than thirty (30) days prior to the event. (“Claims Made” and “Modified Occurrence” policies are not acceptable.) The endorsements from each insurance carrier shall provi de that the insurance carrier shall give CITY not less than thirty (30) days advance written notice of any material change, cancellation, or termination of coverage.

ASSOCIATION shall ensure that ASSOCIATION and each of its contractors, vendors and sponsors using automobiles for FESTIVAL purposes shall obtain and maintain automobile liability insurance in an amount not less than $1,000,000 (one million dollars) combined single limit. If transportation services (such as shuttle services and transportation for parade purposes) are provided for persons, automobile liability insurance shall be obtained and maintained in an amount not less than $5,000,000 (five million dollars) combined single limit. The parade coordinator shall obtain and maintain insurance that covers losses for all automobiles and floats used for parade transportation purposes. Additional Insured Endorsements for all automobile related insurance shall be obtained. The required Additional Insured Endorsements, (CA 2048, or equivalent, as approved by CITY) shall name the City of Garden Grove, its employees, agents, volunteers, and officials as Additional Insureds for all automobiles, including automobiles owned, leased, hired or borrowed, and also for mobile equipment, if mobile equipmen t is used. The required Certificates and Additional Insured Endorsements shall be collected and maintained by ASSOCIATION not less than thirty (30) days prior to the event. ASSOCIATION shall submit to CITY for approval not less than thirty (30) days prior to the event its Certificates and Endorsements confirming that ASSOCIATION has for itself obtained such coverage. (“Claims Made” and “Modified Occurrence” policies shall not be accepted.) For each such contractor, vendor or sponsor, ASSOCIATION shall c ollect and maintain the required Additional Insured endorsements and other endorsements from each insurance carrier wherein the insurance carrier shall give CITY thirty (30) days advance written notice of any material change, cancellation, or termination of coverage. Should ASSOCIATION or any of its sponsors, contractors, or vendors not be utilizing automobiles in carrying out the terms of or activities contemplated by this Agreement, each such person(s) or entity(ies) may request an exemption from such insurance requirement by submitting a request on CITY’s request for exemption form to CITY’s Risk Manager for approval. Approval of such request shall rest within the sole discretion of CITY’s Risk Manager.

ASSOCIATION shall ensure that if ASSOCIATION, or any of ASSOCIATION’s sponsors, contractors or vendors, or any of their subcontractors, have employees, workers’ compensation insurance for such employees is in effect in the amount of and type required by California law. Each such insurer shall waive its rights of subrogation against the City of Garden Grove, its employees, agents, volunteers, and officials. The required Certificates and endorsements shall be collected and maintained by ASSOCIATION not less than thirty (30) days prior to the event. ASSOCIATION shall submit to City for approval insurance certificates and endorsements confirming that ASSOCIATION has for itself obtained such insurance, if required by California law, not less than thirty (30) days prior to the event. ASSOCIATION shall ensure that 42 13

each such insurance carrier shall give CITY not less than thirty (30) days advance written notice of any material change, cancellation, or termination of coverage. Should ASSOCIATION or any of its sponsors, contractors or vendors, or any of their subcontractors, not have employees, such person(s) or entity(ies) shall be required to sign CITY’s worker’s compensation waiver form and submit it to CITY’s Risk Manager for approval thereof. Approval of the waiver form shall rest within the sole discretion of CITY’s Risk Manager.

In the event any of underlying policies for ASSOCIATION or any of its contractors, vendors, or sponsors do not meet or exceed the policy limits of these insurance requirements, ASSOCIATION shall ensure that ASSOCIATION, or the subject contractor, vendor or sponsor, as appropriate, provides a Follows Form excess liability policy to ensure that the required policy limits are met. ASSOCIATION shall also ensure that the subject contractor, vendor, or sponsor provides a schedule o f underlying polices for any excess liability policy, and that the insurance certificate states that the excess policy follows form to the underlying policies.

If ASSOCIATION or any of its sponsors, vendors, or contractors hire any subcontractor to assist with their operations, each such subcontractor shall be required to provide the same insurance as the person or entity for which it is performing the work, including providing applicable waiver forms as approved by CITY.

ASSOCIATION shall be respo nsible to collect and maintain all insurance certificates and endorsements from all of its contractors, vendors, sponsors, and any of their subcontractors, and shall ensure that such insurance meets the terms of this Agreement. All insurance from Associati on, its contractors, vendors, sponsors, and any of their subcontractors shall be primary to insurance or self-insured retentions maintained by the City of Garden Grove, its employees, agents, volunteers, and officials, and shall not contribute with it.

Endorsements providing primary/non-contributory coverage shall be provided for ALL policies.

“Claims Made” and “Modified Occurrence” policies shall not be accepted. All insurance carriers must have a Best’s Guide rating of A-, Class VII or better. All insurance policies must be in effect at all times during the FESTIVAL, including all times for set-up and tearing down for the event. Upon request by CITY, ASSOCIATION shall provide to CITY original or certified copies of all insurance policies, endorsements, and certificates of ASSOCIATION, its contractors vendors, sponsors and any of their subcontractors.

If any sponsor, contractor, vendor, or subcontractor maintains higher insurance limits than the minimums shown above, the sponsor, contractor, vendor, or subcontractor shall provide coverage for the higher insurance limits otherwise maintained by the sponsor, contractor, vendor, or subcontractor. For purposes of this Section 25, the term “sponsor” shall not include an individual or entity that provides only a monetary payment to the ASSOCIATION and does not enter onto or conduct activities on the FESTIVAL site.

ALL INSURANCE POLICIES MUST BE IN EFFECT AT ALL TIMES THAT ANYONE WILL BE ON THE EVENT SITE (INCLUDING SET UP, TEAR DOWN, ETC.)

FAILURE BY ASSOCIATION TO PROVIDE TO CITY PROOF OF ASSOCIATION’S

INSURANCE AS REQUIRED BY THIS AGREEMENT OR TO ENSURE THAT THE INSURANCE

REQUIRED OF ANY CONTRACTOR, VENDOR, SPONSOR, OR SUBCONTRACTOR HAS BEEN

OBTAINED , AS APPROPRIATE, SHALL BE SUFFICIENT GROUNDS FOR CITY TO DECLINE

TO ISSUE PERMITS FOR THE FESTIVAL, CANCEL AUTHORIZATION FOR THE FESTIVAL TO PROCEED AND TO PRECLUDE THE FESTIVAL FROM OCCURRING.

Variances from the above-referenced insurance requirements may be issued by the CITY’s Risk Manager in the exercise of his/her sole discretion. No variance shall be valid unless issued in writing and signed by the CITY’s Risk Manager. CITY’s Risk Manager may require increased policy limits and/or 43 14

additional insurance if in the exercise of his/her reason able discretion, he/she determines that the increased policy limits or additional insurance is appropriate based on potential risks associated with the FESTIVAL . CITY shall not require increased policy limits or additional insurance without first discuss ing the matter with ASSOCIATION. CITY shall at all times have the right to inspect and receive the original or a certified copy of all policies and certificates of insurance, including additional insured endorsements, required pursuant to this Agreement.

If ASSOCIATION wishes to use the First Baptist Church of Garden Grove’s parking lot for parking and/or access to the FESTIVAL , ASSOCIATION shall comply with the requirements set forth in the November 27, 2012 License Agreement between CITY and the First Baptist Church of Garden Grove, including but not limited to (i) payment of specified user fees; (ii) fulfillment of all operational requirements; (iii) indemnification of both CITY and the First Baptist Church of Garden Grove in accordance with the requirements of Section 9 of the License Agreement; and (iv) providing commercial general liability insurance for the Church property to CITY, including an insurance certificate evidencing not less than $1,000,000 (one million dollars) per occurrence commercial general liability coverage and not less than $2,000,000 (two million dollars) general aggregate. ASSOCIATION shall also provide an additional insured endorsement for on-going operations under the general liability policy (Form CG 20 26 07 04 or equivalent designating the City of Garden Grove, First Baptist Church of Garden Grove, and their respective employees, agents, volunteers and officials as additional insureds. All insurance provided shall be primary to the insurance or self-insured retentions maintained by the City of Garden Grove, First Baptist Church of Garden Grove, and their respective employees, agents, volunteers and officials, and shall not contribute with it. An endorsement providing primary/ non-contributory coverage shall be provided for ALL policies. (“Claims Made” and “Modified Occurrence” policies shall not be accepted.)

26. ALCOHOLIC BEVERAGES. Alcoholic beverages shall not be sold, distributed or consumed on the FESTIVAL grounds . Any food or other booth in which alcohol is found shall immediately, and for the duration of the FESTIVAL, be closed by the Chief of Police or designee.

27. NON-LIABILITY OF OFFICIALS AND EMPLOYEES OF CITY. No official or employee of CITY shall be personally liable to ASSOCIATION in the event of any default or breach by CITY, or for any amount that may become due to ASSOCIATION, or for any obligation under the terms of this Agreement.

28. NON-LIABILITY OF OFFICIALS AND EMPLOYEES OF ASSOCIATION. No official or employee of ASSOCIATION shall be personally liable to CITY in the event of any default or breach by ASSOCIATION, or for any amount that may become due to CITY, or for any obligation under the terms of this Agreement.

29. COMPLIANCE WITH LAW. ASSOCIATION shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state and local governments in the performance of FESTIVAL-related activities.

30. CONFLICT OF INTER EST. ASSOCIATION shall at all times avoid conflicts of interest or appearance of conflicts of interest in the performance of this Agreement.

44 15

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

A. Address of ASSOCIATION is as follows:

Garden Strawberry Festival Association
P.O. Box 2287
Garden Grove, CA 92840
Email Address: [email protected]
Attn: President

B. Address of CITY is as follows:

City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Email Address: [email protected]
Attn: City Manager

Copy to:

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

32. TIME OF ESSENCE. Time is of the essence in the performance of this Agreement.

33. LIMITATIONS ON SUBCONTRACTING AND ASSIGNM ENT. The experience, knowledge, capability and reputation of ASSOCIATION, its principals and employees are a substantial inducement for CITY to enter this Agreement. ASSOCIATION shall not assign, sublet or otherwise transfer its rights or obligations under this Agreement without the prior written consent of CITY. Any attempted assignment, sublet or transfer made in violation of this provision shall be null and void. If ASSOCIATION is permitted to subcontract any part of this Agreement, ASSOCIATION shall be fully responsible to CITY for the acts and omissions of its subcontractor as it is for the acts and omissions of 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 agents of ASSOCIATION. CITY will deal directly with ASSOCIATION.

34. AUTHORITY TO EXECUTE. Each person executing this Agreement on behalf of a party hereto warrants and represents that he/she is duly authorized to execute this Agreement on behalf of the entity for which he/she is signing, and that by executing this Agreement, the party for which the person is signing is formally bound to the term of this Agreement.

35. INDEMNIFICATION. To the fullest extent allowed by law, ASSOCIATION agrees to protect, defend, and hold harmless CITY and its elective or appointive boards, officers, agents, employees and volunteers from any and all claims, liabilities, expenses or damages of any nature, including attorney's fees, for injury or death of any person, or damage to property, or 45 16

interference with the use of property, arising out of, or in any way connected with any FESTIVAL related activities and the performance of the terms of this Agreement by ASSOCIATION, ASSOCIATION agents, officers, employees, volunteers, vendors, subcontractors, or independent contractors hired by ASSOCIATION. The only exception to ASSOCIATION's responsibility to protect, defend and hold harmless CITY is due to the sole negligence or intentional wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents or employees.

36. M O D I F I C A T I O N. 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 ASSOCIATION and CITY. Nothing herein prohibits the parties from mutually agreeing to modify any condition contained in this Agreement.

37. W A I V E R. The waiver of any provision of this Agreement must be in writing by the appropriate authorities of CITY and ASSOCIATION.

38. CALIFORNIA LAW. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced pursuant to this Agreement shall be initiated in the central or main branch of the Orange County Superior Court.

39. I N T E R P R E T A T I O N . This Agreement shall be interpreted as though prepared by both parties

40. TERMINATION. CITY and ASSOCIATION shall each have the right to terminate this Agreement, without cause, by giving written notice of termination at least two hundred eighty (280) days before the next FESTIVAL event. Any impending termination pursuant to this section shall be agendized for City Council action during open session.

Any termination of this agreement by CITY shall not relieve ASSOCIATION of any outstanding obligation under this Agreement, including but not limite d to the following :

ASSOCIATION's indemnification obligations shall survive termination of this Agreement until all actions and claims are fully and finally resolved and all monies related thereto are fully paid.

41. PRESERVATION OF AGREEMENT Sh o u l d any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provisions interpreted, and all remaining provisions shall remain enforceable.

42. N O N- P R O F I T S T A T U S. ASSOCIATION represents and warrants tha t it is a charitable non -profit corporation in accordance with Internal Revenue Code Section 501(C)(3). ASSOCIATION shall remain in good standing as such a corporation at all material times herein.

IN WITNESS THEREOF, the parties have executed this Agreement on the day and year first referenced herein.
46 17

CITY OF GARDEN GROVE

By:

Stephanie Klopfenstein
Mayor

ATTEST:

Lizabeth Vasquez
City Clerk

APPROVED AS TO FORM:

Omar Sandoval,
City Attorney

GARDEN GROVE STRAWBERRY
FESTIVAL ASSOCIATION, INC.

By:

President

By:

Secretary

47 48
Item 322/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Ursula Luna-Reynosa
Dept:

City Manager Dept: Economic Development and
Housing

Date: 12/9/2025

Subject: Approval of a Successor Community Workforce Agreement with Los Angels and Orange Counties Building and Construction Trades Council and Signatory Craft Council and Local Unions. (Action Item)

OBJECTIVE

To consider approval of a Successor Community Workforce Agreement between the City of Garden Grove, and the Los Angeles and Orange Counties Building and Construction Trades Council (the “Trades Council”), and signatory Craft Councils and Local Unions.

BACKGROUND

On May 12, 2020 , the City Council approved a Community Workforce Agreement (“CWA”) with the intent to promote use of local workforce to complete construction projects and develop a pipeline of construction careers within local communities. The CWA established labor relations policies and procedures for the City and for the craft employees represented by unions engaged in certain public works projects. The CWA obligated the City to contract exclusively to contractors who agree d to execute and be bound by the terms of the CWA.

The City was required to include the requirements of the CWA in the advertisement and specifications for each public works contract, subject to the CWA, awarded by the City.

The City retained the ser vices of T he Solis Group (TSG) to perform CWA ser vices, labor compliance monitoring, and skilled and trained workforce monitoring. TSG provided monthly monitoring reports to the City. Of particular interest to the City, as expressed by the City Council when approving the CWA, were the local hire provis ions. Section 3.5 of the CWA established a local hire goal of 30%. The Local Area is broken up into three tiers as described below:

 Tier 1 – Zip codes that make up the City of Garden Grove  Tier 2 – Zip codes from any cities adjacent to Garden Grove  Tier 3 – All of Orange County plus individuals that meet the following criteria:
o Veterans
o Graduates of high schools located in Garden Grove
49 Item 322/2025

o Graduates of Building Trades Pre-apprenticeship programs o Disadvantaged individuals

The City requested TSG to provide a 5-year summary report (see Attachment 1). The below chart is a summary of performance as it relates to local hire:

DISCUSSION

The CWA was set to expire on July 24, 2025. The Trades Council and City initiated negotiations early in 2025. The term of the CWA was extended for six months until January 31, 2026 to allow additional time to negotiate. The proposed successor CWA (the “Successor CWA”) has a five year term and is generally consistent with the initial CWA.

The main difference between the Successor CWA and its predecessor is the inclusion of additional categories of projects subject to the Successor CWA. Previously, only public works projects included in the City’s Capital Improvement Plan (CIP) for Fiscal Year 2020-21 through 2024-25 under the categories of “Arterial Improvements”, “Residential Improvements”, and “Traffic Improvements” were subject to the CWA . In additio n to those categories, the Successor CWA also includes the following CIP categories; “Park Improvements”, Economic Development & Housing Improvements”, and “Facility Improvements”. Under the “Water Improvements” category the only project subject to the Su ccessor CWA is “Water Main Replacement (services, hydrants, meters, valves, etc.)”. Under the “Sewer Improvements” category the only project subject to the Successor CWA is “Sewer Main Improvements”.

Additional projects that were not previously subject to the CWA will be under the Successor CWA but it excludes the majority of Water and Sewer Improvement projects.

The hiring targets are consistent between the CWA and Successor CWA with the exception of projects funded by Community Development Block Grant (CDBG) funds. There are some explicit federal hiring requirements that have been incorporated into the Successor CWA.

The following exclusions remain consistent between the CWA and Successor CWA:

 Professional, office and other non -manual employees (except for construction; and inspectors, field/soils and material testers, and field surveyors)  Equipment and machinery operated by the City; and
50 Item 322/2025

 Offsite manufacture and handling of materials; and
 Work performed by City employees or by other governmental agencies; and  Work with funding or grant restrictions.

FINANCIAL IMPACT

The financial impact of the Successor CWA is the cost for City staff and consultant to administer the CWA, including costs to retain and oversee TSG to monitor compliance with the Successor CWA. The City’s costs for TSG services under the CWA was approximately $35,000 for Fiscal Year 2024-2025. Since additional projects will be subject to the Successor CWA and a more aggressive CIP for Fiscal Years 25/26 – 29/30 has been adopted by the City Council, staff is anticipating a substantial increase in costs for TSG under the Successor CWA.

Staff will initiate the appropriate procurement process and bring a contract to City Council for approval with a term to correspond to the Successor CWA term. For purposes of understanding the potential fiscal impact associated with approving the Successor CWA, staff does not anticipate the TSG costs to exceed $100,000 per year.

RECOMMENDATION

It is recommended that City Council consider the following actions:

 Approval of the Successor CWA with the LA/OC Building and Construction Trades Council; and
 Authorize and direct the City Manager, or designee, to execute the Successor CWA on behalf of the City, and take any and all actions necessary to implement and administer the Successor CWA.

ATTACHMENT(S)

1. 5 Year Summary of Monitoring Reports

2. Successor Community Workforce Agreement (CWA)

51 September
2025
City of Garden Grove

CWA Administration
Services

Board Report
52 City of Garden Grove
CWA Administration
Board Report
September 2025

Prepared by: The Solís Group 2 September 2025 Contents ____
EXECUTIVE SUMMARY ................................................................................................. 3 Community Workforce Agreement ............................................................................... 3 Skilled & Trained Workforce ......................................................................................... 3 Prevailing Wage ............................................................................................................. 3 Local Hire ........................................................................................................................ 3

53 City of Garden Grove
CWA Administration
Board Report
September 2025

Prepared by: The Solís Group 3 September 2025

EXECUTIVE SUMMARY

This Board Report reviews construction projects covered by the City of Garden Grove’s Community Workforce Agreement (CWA) since 2021.

The Solís Group (TSG) has bee n contracted by The City of Garden Grove (The City) to perform CWA services. Among various requirements, the CWA requires contractors to use union labor, pay employee fringe benefits through a union trust fund and has a 30% local worker utilization goal. That is, there is a goal that 30% of all construction hours be performed by local workers.

Since 2021, there have been 18 construction projects that have been covered by the CWA.

Community Workforce Agreement

TSG has scheduled and hosted Pre-Job Conferences between contractors and the building trades, ensuring work was properly assigned to a union, and maintained consistent communication with all stakeholders throughout construction.

Throughout construction, TSG has collected Certified Payroll Reports (CPRs) and related compliance documentation.

To date, there have been no major issues related to the CWA. TSG has guided union and non-union contractors through the CWA process. In particular, TSG has guided inspectors and soils and material testers and communicated with the respective unions in order to meet compliance.

There have not been any strikes nor threat of strikes or work stoppages on any of the covered projects.

Skilled & Trained Workforce

The CWA requires contractors to use a skilled and trained workforce, as described in Public Contract Code Section 2600.

Prevailing Wage

Throughout the course of construction and to-date, TSG has not received any public or worker complaints regarding potential prevailing wage violations.

Local Hire

CWA §3.5 establishes a local hire goal of 30%. Overall, the combined Local Hire achieved is

24.45%.

The Local Area is broken up into three tiers as described below:

54 City of Garden Grove
CWA Administration
Board Report
September 2025

Prepared by: The Solís Group 4 September 2025 • Tier 1 – Zip codes that make up City of Garden Grove
• Tier 2 – Zip codes from any cities adjacent to Garden Grove • Tier 3 – All of Orange County plus individuals that meet the following criteria:
o Veterans
o Graduates of high schools located in Garden Grove
o Graduates of Building Trades Pre-apprenticeship programs o Disadvantaged individuals

Garden Grove Local Hire Performance by Tier
(30% of Hours)
Project Cumulative %
All Projects Total 111,604.36 -
Local Workforce Hours 27,283.14 24.45%
Non-Local 84,321.22 75.55%
Tier 1 Workforce Hours 3,409.08 3.05%
Tier 2 Workforce Hours 18,418.46 16.50%
Tier 3 Workforce Hours 4,811.63 4.31%

Note: highlighted rows represent finished projects

Projects Total
Hours
Local
Hours
Local %
(30% Goal)
Tier 1
Hours
Tier 1
%
Tier 2
Hours
Tier 2
%
Tier 3
Hours Tier 3 %
Non-
Local
Hours
Non-
Local
%
All Projects 112,613.71 26,874.67 23.86% 3,409.08 3.03% 18,549.46 16.47% 4,916.13 4.37% 85,739.04 76.14% Tier 1

3.05%
Tier 2

16.50%
Tier 3

4.31%Non-Local

75.55%
Local Hire

24.45%
LOCAL HIRE HOURS (30% GOAL)
55 City of Garden Grove
CWA Administration
Board Report
September 2025

Prepared by: The Solís Group 5 September 2025 Projects Total
Hours
Local
Hours
Local %
(30% Goal)
Tier 1
Hours
Tier 1
%
Tier 2
Hours
Tier 2
%
Tier 3
Hours Tier 3 %
Non-
Local
Hours
Non-
Local
%
Arterial Streets
Rehabilitation 10,108.11 1,629.18 16.12% 195.00 1.93% 1,061.00 10.50% 373.18 3.69% 8,478.93 83.88% Acacia-
Josephine Storm
Drain
9,437.00 2,064.50 21.88% 641.00 6.79% 867.50 9.19% 556.00 5.89% 7,372.50 78.12% Euclid-
Westminster 3,617.50 513.00 14.18% 128.00 3.54% 272.00 7.52% 113.00 3.12% 3,104.50 85.82% Traffic Signal
Installation 5,038.45 563.45 11.18% 2.66 0.05% 180.94 3.59% 379.85 7.54% 4,443.00 88.18% Various Streets
Rehab 10,416.25 3,709.25 35.61% 896.25 8.60% 2,222.00 21.33% 591.00 5.67% 6,707.00 64.39% Various
Residential
Recon 2023
22,370.65 6,390.25 28.57% 370.50 1.66% 5,721.33 25.58% 298.42 1.33% 15,980.40 71.43% Arterial Streets
Slurry 2023 9,006.81 689.56 7.66% 10.92 0.12% 393.98 4.37% 284.66 3.16% 8,317.25 92.34% Residential
Street Rehab
2023
2,275.00 386.00 16.97% 64.00 2.81% 278.50 12.24% 43.50 1.91% 1,889.00 83.03% Arterial Streets
Rehab 2023 10,539.95 3,231.73 30.66% 809.25 7.68% 1,799.46 17.07% 623.02 5.91% 7,308.22 69.34% Various
Residential
Rehab 2024
1,928.75 572.75 29.70% 195.50 10.14% 201.75 10.46% 175.50 9.10% 1,356.00 70.30% Traffic Signal
Mod at Various
23-24
CP1356000
(Comet Electric)
3,389.00 112.00 3.30% 96.00 2.83% 0.00 0.00% 16.00 0.47% 3,277.00 96.70% Traffic Signal
Mod at Nelson 962.34 320.00 33.25% 0.00 0.00% 268.00 27.85% 52.00 5.40% 642.34 66.75% Traffic Signal
Mod at
Newland
852.34 264.00 30.97% 0.00 0.00% 220.00 25.81% 44.00 5.16% 588.34 69.03% 2024 Arterial
Streets Rehab
(RJ Noble)
12,450.71 3,133.00 25.16% 0.00 0.00% 2,436.75 19.57% 696.25 5.59% 9,317.71 74.84% 2024 Various
Streets Micro-
Surfacing
CP1346000 (RJ
Noble)
7,161.03 2,512.50 35.09% 0.00 0.00% 1,996.75 27.88% 515.75 7.20% 4,648.53 64.91% Harbor &
Garden Grove
Intersection
CP1303000
(Excel Paving)
1,223.47 225.50 18.43% 0.00 0.00% 202.50 16.55% 23.00 1.88% 997.97 81.57% 56 City of Garden Grove
CWA Administration
Board Report
September 2025

Prepared by: The Solís Group 6 September 2025 Projects Total
Hours
Local
Hours
Local %
(30% Goal)
Tier 1
Hours
Tier 1
%
Tier 2
Hours
Tier 2
%
Tier 3
Hours Tier 3 %
Non-
Local
Hours
Non-
Local
%
2025 Residential
Streets
CP1446000
(Hardy&Harper)

52.00 52.00 100.00% 0.00 0.00% 0.00 0.00% 52.00 100.00% 0.00 0.00% 2025 Various
Streets
Rehabilitation
Project
CP1442000 (RJ
Noble)
1,784.35 506.00 28.36% 0.00 0.00% 427.00 23.93% 79.00 4.43% 1,278.35 71.64% 57 City of Garden Grove
CWA Administration
Board Report
September 2025

Prepared by: The Solís Group 7 September 2025 Projects Total
Hours
Local
Hours
Local %
(30%
Goal)
Veteran
Hours
Vete
ran
%
GG HS
Grad
Hours
GG HS
Grad %
Disadva
ntaged
Hours
Disadva
ntaged
%
MC3
Grad
Hours
MC3 Grad
%
All Projects 112,613.71 26,830.67 23.83% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% Arterial
Streets
Rehabilitati
on
10,108.11 1,629.18 16.12% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% Acacia-
Josephine
Storm
Drain
9,437.00 2,064.50 21.88% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% Euclid-
Westminst
er
3,617.50 513.00 14.18% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% Traffic
Signal
Installation
5,038.45 563.45 11.18% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% Various
Streets
Rehab
10,416.25 3,709.25 35.61% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% Various
Residential
Recon 2023
22,370.65 6,390.25 28.57% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% Arterial
Streets
Slurry 2023
9,006.81 689.56 7.66% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% Residential
Street
Rehab
2023
2,275.00 386.00 16.97% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% Arterial
Streets
Rehab
2023
10,539.95 3,231.73 30.66% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% Various
Residential
Rehab
2024
1,928.75 572.75 29.70% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% Traffic
Signal Mod
at Various
23-24
CP1356000
(Comet
Electric)
3,389.00 112.00 3.30% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% Traffic
Signal Mod
at Nelson
962.34 320.00 33.25% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% Traffic
Signal Mod
at Newland
852.34 264.00 30.97% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% 2024
Arterial
Streets
Rehab (RJ
Noble)
12,450.71 3,133.00 25.16% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% 58 City of Garden Grove
CWA Administration
Board Report
September 2025

Prepared by: The Solís Group 8 September 2025

-End Report-
Projects Total
Hours
Local
Hours
Local %
(30%
Goal)
Veteran
Hours
Vete
ran
%
GG HS
Grad
Hours
GG HS
Grad %
Disadva
ntaged
Hours
Disadva
ntaged
%
MC3
Grad
Hours
MC3 Grad
%
2024
Various
Streets
Micro-
Surfacing
CP1346000
(RJ Noble)
7,161.03 2,512.50 35.09% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% Harbor &
Garden
Grove
Intersectio
n
CP1303000
(Excel
Paving)
1,223.47 225.50 18.43% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% 2025
Residential
Streets
CP1446000
(Hardy&Ha
rper)

52.00 8.00 15.38% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% 2025
Various
Streets
Rehabilitati
on Project
CP1442000
(RJ Noble)
1,784.35 506.00 28.36% 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00% 59 City of Garden Grove 1 Community Workforce Agreement

SUCCESSOR COMMUNITY WORKFORCE AGREEMENT

BY AND BETWEEN

THE CITY OF GARDEN GROVE

AND

LOS ANGELES/ORANGE COUNTIES

BUILDING AND CONSTRUCTION TRADES COUNCIL

AND THE SIGNATORY CRAFT COUNCILS AND UNIONS

60 City of Garden Grove 2 Community Workforce Agreement

TABLE OF CONTENTS Page
ARTICLE I DEFINITIONS ........................................................................................................... 3 ARTICLE 2 SCOPE OF THE AGREEMENT ............................................................................... 4 ARTICLE 3 UNION RECOGNITION AND EMPLOYMENT .................................................... 9 ARTICLE 4 UNION ACCESS AND STEWARDS .................................................................... 14 ARTICLE 5 WAGES AND BENEFITS ...................................................................................... 15 ARTICLE 6 WORK STOPPAGES AND LOCK-OUTS ............................................................. 16 ARTICLE 7 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES .......................... 19 ARTICLE 8 MANAGEMENT RIGHTS ..................................................................................... 20 ARTICLE 9 SETTLEMENT OF GRIEVANCES AND DISPUTES .......................................... 22 ARTICLE 10 REGULATORY COMPLIANCE.......................................................................... 24 ARTICLE 11 SAFETY AND PROTECTION OF PERSON AND PROPERTY ....................... 25 ARTICLE 12 APPRENTICES ..................................................................................................... 25 ARTICLE 13 PRE-JOB CONFERENCES .................................................................................. 26 ARTICLE 14 WORK OPPORTUNITIES PROGRAM ............................................................... 27 ARTICLE 15 SAVINGS AND SEPARABILITY ....................................................................... 27 ARTICLE 16 WAIVER ................................................................................................................ 28 ARTICLE 17 AMENDMENTS ................................................................................................... 28 ARTICLE 18 DURATION OF THE AGREEMENT .................................................................. 28 ATTACHMENT A LETTER OF ASSENT ................................................................................ 32 ATTACHMENT B LOCAL RESIDENT ZIP CODES............................................................... 33 ATTACHMENT C CDBG SECTION 3 COMPLIANCE DOCUMENTS ................................ 34 ATTACHMENT D CRAFT REQUEST FORM ......................................................................... 40 ATTACHMENT E DRUG AND ALCOHOL TESTING POLICY ........................................... 42 ATTACHMENT F PROJECT LIST ......................................................................................... 428

61 City of Garden Grove 3 Community Workforce Agreement

CITY OF GARDEN GROVE

SUCCESSOR COMMUNITY WORKFORCE AGREEMENT

This Successor Community Workforce Agreement (“Agreement”) is entered into by and between the City of Garden Grove, a municipal corporation (“City”), the Los Angeles/Orange Counties Building and Construction Trades Council (“Council”), and the signatory Craft Councils and Local Unions signing this Agreement (collectively, the “Union” or “Unions”). This Agreement establishes the labor relations Policies and Procedures for the City and for the craft employees represented by the Unions engaged in the City’s Project Work as more fully described below. The City, Council and Unions are hereinafter referred to herein, as the context may require, as “Party” or “Parties.”

It is understood by the Parties to this Agreement that if this Agreement is acceptable to the City, it will become the policy of the City for the Project Work to be contracted exclusively to Contractors who agree to execute and be bound by the terms of this Agreement, directly or through the Letter of Assent (a form of which is attached as “Attachment A”), and to require each of its subcontractors, of whatever tier, to become bound. The City shall include, directly or by incorporation by reference, the requirements of this Agreement in the advertisement of and/or specifications for each and every contract for Project Work to be awarded by the City.

ARTICLE I

DEFINITIONS

Section 1.1 "Agreement" means this Community Workforce Agreement.

Section 1.2 "Apprentice" means those employees indentured and participating in a Joint Labor/Management Apprenticeship Program approved by the State of California, Department of Industrial Relations, Division of Apprenticeship Standards.

Section 1.3 "Construction Contract" and "Construction Contracts" means any contract entered into by the City as defined by Section 2.2.

Section 1.4 “Contractor" means any individual firm, partnership or corporation, or combination thereof, including joint ventures, which is an independent business enterprise and which has entered into a Construction Contract with the City or any of its contractors or any of the City 's or contractor's subcontractors of any tier, with respect to the construction of any part of a Project under contract terms and conditions approved by the City and which incorporate this Agreement.

Section 1.5 " City" means the City of Garden Grove.

Section 1.6 "Joint Labor/Management Apprenticeship Program" as used in this Agreement means a joint Union and Contractor administered apprenticeship program certified by the State of California, Department of Industrial Relations, Division of Apprenticeship Standards.

Section 1.7 "Letter of Assent" means the document that each Contractor (of any tier) must sign and submit to the City before beginning any Project Work, which formally binds such 62 City of Garden Grove 4 Community Workforce Agreement Contractor(s) to adherence to all the forms, requirements, and conditions of this Agreement in the form attached hereto as Attachment A.

Section 1.8 “ Low-Income Worker” as used in this Agreement means a person who is shown to be qualified as a low-income household
per the Department of Housing and Urban Development
(HUD). HUD defines a low-income household as a family whose gross income does not exceed eighty percent (80%) of the Area Median Family Income (AMI), adjusted for household size. The Orange County AMI will be utilized, as adjusted annually, to determine low-income eligibility.

Section 1.9 “ Master Labor Agreements” or “MLA” as used in this Agreement means the local collective bargaining agreements of the signatory Unions having jurisdiction over the Project Work and which have signed this Agreement.

Section 1.10 "Project," or “Project Work” means the construction work covered under this Agreement to be performed on City property or within easements secured by the City consisting of the construction of public projects, pursuant to a Construction Contract entered into by the City, as more fully described in Article 2, below.

Section 1.11 “Subscription Agreement” means the contract between a Contractor and a Union’s Labor/Management Trust Fund(s) that allows the Contractor to make the appropriate fringe benefit contributions in accordance with the terms of a Master Labor Agreement.

Section 1.12 The use of masculine or feminine gender or titles in this Agreement should be construed as including both genders and not as gender limitations unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only and carry no legal significance.

Section 1.13 “Local Hires” means individuals identified in Section 3.5, who are employed by Contractors as craft employees to perform Project Work and have priority in being dispatched by the respective Unions.

ARTICLE 2

SCOPE OF THE AGREEMENT

Section 2.1 General This Agreement shall apply and is limited to all of the City’s Project Work, as specified in Section 2.2 of this Article, performed by those Contractor(s) of whatever tier that have contracts awarded for such work, for the development of the City’s facilities which, jointly, constitute the Project, and have been designated by the City for construction or rehabilitation.

Section 2.2 Specific The work covered by this Agreement is defined and limited to:

(a) All City construction and major rehabilitation work related to the Projects listed in Attachment F are covered by the terms and conditions of this Agreement and all subcontracts flowing from these prime multi-trade contracts.

(b) It is understood by the Parties that the City may at any time, and at its sole discretion, add additional projects under this Agreement not set forth in subsection (a) above.

63 City of Garden Grove 5 Community Workforce Agreement (c) All contractors shall use a skilled and trained workforce in the performance of all Project Work covered by this Agreement.

(d) The Parties understand that the City may at any time, and at its sole discretion, determine to build new projects not currently proposed in its Capital Improvement Plan or Biennial Budget. The Parties agree that construction contracts added to the Capital Improvement Plan or Biennial Budget during the life of this agreement shall be covered work of this agreement. This additional covered work is defined and limited to all City Project Work that exceeds two hundred fifty thousand ($250,000.00) and all subcontracts flowing from these contracts in the following Capital Improvement Plan or Biennial Budget categories: Arterial Improvements and Arterial Street Improvements; Residential Improvements and Residential Street Improvements; Traffic Improvements; Park Improvements; Economic Development & Housing Improvements; and Facilities Improvements.

Section 2.3 Bundling of Contracts The Parties understand that, to the maximum extent feasible, and consistent with goals of the City to (i) utilize this Agreement as the labor relations policy for its construction and rehabilitation program and (ii) fully utilize the services of local small business enterprises for such construction and rehabilitation work:

(a) The City, in its sole discretion, will seek to group (or “bundle”) for bidding, contracts covered under this Agreement. (Small contracts for like types of work, scheduled to be undertaken at the same facility or on the same project site, and within the same timeframe, will be considered for such bundling, consistent with economies of scale, and the purposes of this Agreement); and

(b) Project Work will not be split, divided, or otherwise separated for contract award purposes to avoid application of this Agreement.

Section 2.4 This Agreement shall not apply to any work of any Contractor other than that on Project Work specifically covered by this Agreement.

Section 2.5 Exclusions Items specifically excluded from the Scope of this Agreement include the following:

(a) Work of non-manual employees, including but not limited to: superintendents; supervisors; staff engineers; timekeepers; mail carriers; clerks; office workers; messengers; guards; safety personnel; emergency medical and first aid technicians; and other professional, engineering, administrative, supervisory and management employees;

(b) Equipment and machinery owned or controlled and operated by the City ;

(c) All off-site manufacture and handling of materials, equipment or machinery; provided, however, that lay down or storage areas for equipment or material and manufacturing (prefabrication) sites, dedicated solely to the Project or Project Work, and the movement of materials or goods between locations on a Project site are within the scope of this Agreement, and further included are the hauling/delivery of soil, sand, gravel, aggregate rocks, concrete, asphalt, excavation materials, fill material and construction debris which shall be covered by this Agreement;
64 City of Garden Grove 6 Community Workforce Agreement

(d) All employees of the City, design teams (including, but not limited to architects engineers and master planners), or any other consultants for the City (including, but not limited to, project managers and construction managers and their employees) and their sub-consultants, and other employees of professional service organizations, not performing manual labor within the scope of this Agreement; provided, however, that it is understood and agreed that Building/Construction Inspector and Field Soils and Materials Testers (Inspectors) and Field Surveyors are covered crafts under the CWA. This inclusion applies to the scope of work defined in the State of California Wage Determination for said Crafts. For Inspectors, this shall also specifically include such work where it is referred to by utilization of such terms as "quality control" or "quality assurance." Every Inspector and Surveyor performing work under their respective wage classifications under a professional services agreement or a construction contract shall be bound to all applicable requirements of the CWA. Should an existing Professional Services Agreement, which was entered into prior to the effective date of this Agreement, for inspection or survey services expire and/or a new Professional Services Agreement be awarded during the term of this Agreement, such new contract shall be covered under the terms of this Agreement for its term. Project Work as defined by this Agreement shall be performed pursuant to the terms and conditions of this Agreement regardless of the manner in which the work was awarded;;

(e) Any work performed on or near or leading to or into a site of work covered by this Agreement and undertaken by federal, state, county, city or other governmental bodies, or their Contractors; or by public utilities, or their Contractors; and/or by adjacent third-party landowners; and/or by the City or its Contractors (for work for which is not within the scope of this Agreement);

(f) Off-site maintenance of leased equipment and on-site supervision of such work;

(g) It is recognized that certain materials, equipment, and systems of a highly technical and specialized nature will have to be installed at the Project. The nature of the materials, equipment, and systems, together with requirements of manufacturer’s or vendor’s warranty, may dictate that it be prefabricated, pre-piped, and/or pre-wired and that it be installed under the supervision and direction of Owner’s and/or manufacturer’s personnel. The Unions agree to install such material, equipment, and systems without incident, or allow such installation to be performed by the manufacturer’s employees or a contractor certified by the manufacturer where the Unions are unable to perform such work or the warranty requires the work to be performed by the employees of the manufacturer or a contractor certified by the manufacturer. If a warranty on the manufacturer’s specialty or technical equipment or systems purchased by the Owner requires that the installation of such specialty or technical equipment or system be performed by the manufacturer’s own personnel, then such installation may be performed by the manufacturer’s own personnel. If a warranty on the manufacturer’s specialty or technical equipment or systems purchased by the Owner requires that the installation of such specialty or technical equipment or system be performed by a contractor certified by the manufacturer, and there are no Union signatory contractors certified by the manufacturer to install and/or perform such work, then such installation may be performed by such certified contractor. The General Contractor shall notify the Unions at the pre-job conference of the use of this provision and shall provide copies of the written warranty that require that the work be performed by the manufacturer’s own personnel, or a contractor certified by the manufacturer, to the affected 65 City of Garden Grove 7 Community Workforce Agreement Union(s). When the warranty does not require installation by the manufacturer’s own personnel or a contractor certified by the manufacturer, the Unions agree to perform and install such work under the supervision and direction of the manufacturer’s representative. This shall not apply to construction equipment If there is any dispute between the manufacturer and the Union on any work that will affect the warranties or guarantees due to the City, the City will make the final determination as to who will perform the work
;

(h) Non-construction support services contracted by the City, or Contractor in connection with Project Work;

(i) Off-site laboratory work for testing; and

(j) Work on the Project performed as a result of an emergency or circumstances requiring immediate action, provided that a good faith effort is used to assure that such work is performed under this Agreement.

Section 2.6 Awarding of Contracts

(a) The City and/or the Contractors, as appropriate, have the absolute right to award contracts or subcontracts on Project Work to any Contractor notwithstanding the existence or non-existence of any agreements between such Contractor and any Union parties, provided only that such Contractor is willing, ready and able to execute and comply with this Community Workforce Agreement should such Contractor be awarded work covered by this Agreement.

(b) It is agreed that all Contractors and subcontractors of whatever tier, who have been awarded contracts for work covered by this Agreement, shall be required to accept and be bound to the terms and conditions of this Community Workforce Agreement, and shall evidence their acceptance by the execution of the Letter of Assent as set forth in Attachment A hereto, prior to the commencement of work. At the time that any Contractor enters into a subcontract with any subcontractor of any tier providing for the performance on the construction contract, the Contractor shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a part of accepting the award of a construction subcontract, to agree in writing in the form of a Letter of Assent to be bound by each and every provision of this Agreement prior to the commencement of work on the Project. No Contractor or subcontractor shall commence Project Work without having first provided a copy of the Letter of Assent as executed by it to the City and to the Council forty-eight (48) hours before the commencement of Project Work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later.

(c) The City agrees that to the extent permitted by law and consistent with the economy and efficiency of construction and operation, it will use its best efforts to purchase materials, equipment and supplies which will not create labor strife. Under all circumstances, however, the City shall retain the absolute right to select the lowest reliable and responsible bidder for the award of contracts on all projects.

Section 2.7 Coverage Exception

66 City of Garden Grove 8 Community Workforce Agreement (a) This Agreement shall not apply if the City receives funding or assistance from any Federal, State, local or other public entity for the Construction Contract if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that the City not require, bidders, contractors, subcontractors or other persons or entities to enter into an agreement with one or more labor organizations or enter into an agreement that contains any of the terms set forth herein. The City agrees that it will make every effort to establish the enforcement of this Agreement with any governmental agency or granting authority.

Section 2.8 Master Labor Agreements

(a) The provisions of this Agreement, including the MLAs , (which are the local Master Labor Agreements of the signatory Unions having jurisdiction over the work on the Project, as such may be changed from time-to-time and which are incorporated herein by reference) shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreement which may conflict with or differ from the terms of this Agreement. However, such does not apply to work performed under the National Cooling Tower Agreement, the National Stack Agreement, the National Transit Division Agreement (NTD), or within the jurisdiction of the International Union of Elevator Constructors and all instrument calibration and loop checking work performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, except that Articles dealing with Work Stoppages and Lock-Outs, Work Assignments and Jurisdictional Disputes, and Settlement of Grievances and Disputes shall apply to such work. It is specifically agreed that no later agreement shall be deemed to have precedence over this Agreement unless signed by all Parties signatory hereto who are then currently employed or represented at the Project. Where a subject covered by the provisions of this Agreement is also covered by a MLA, the provisions of this Agreement shall apply. Where a subject is covered by a provision of a MLA and not covered by this Agreement, the provisions of the MLA shall prevail. Any dispute as to the applicable source between this Agreement and any MLA for determining the wages, hours of working conditions of employees on this Project shall be resolved under the procedures established in Article 9.

(b) It is understood that this Agreement, together with the referenced MLA ’s, constitutes a self-contained, stand-alone agreement and by virtue of having become bound to this Community Workforce Agreement, the Contractor will not be obligated to sign any other local, area or national collective bargaining agreement as a condition of performing work within the scope of this Agreement (provided, however, that the Contractor may be required to sign a uniformly applied, non-discriminatory Participation Agreement at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor is bound to make contributions under this Agreement, provided that such Participation Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement and/or expand its obligation to make contributions pursuant thereto). It shall be the responsibility of the prime Contractor to have each of its subcontractors sign the documents described herein, with the appropriate Craft Union prior to the subcontractor beginning work on covered Projects.

Section 2.9 Workers’ Compensation Carve-out The Parties recognize the potential which the Project Work may provide for the implementation of a cost-effective workers’ compensation 67 City of Garden Grove 9 Community Workforce Agreement system, as permitted by revised California Labor Code Section 3201.5, and it is understood that the City is in an ongoing review of the value of such a program. Should the City request, the Union parties agree to meet and negotiate in good faith with representatives of the City for the development, and subsequent implementation, of an effective program involving improved and revised dispute resolution and medical care procedures for the delivery of workers’ compensation benefits and medical coverage as permitted by the California Labor Code.

Section 2.10 Binding Signatories Only This Agreement shall only be binding on the signatory Parties hereto, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Party.

Section 2.11 Other City Work This Agreement shall be limited to the Project Work within the Scope of this Agreement. Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work or function not covered by this Agreement, or which may be performed by City Employees, on its property or in and around a Project site.

Section 2.12 Separate Liability It is understood that the liability of the Contractor(s) and the liability of the separate Unions under this Agreement shall be several and not joint. The Unions agree that this Agreement does not have the effect of creating any joint employment status between or among the City and/or any Contractor.

Section 2.13 Completed Project Work As areas of covered work are accepted by the City, this Agreement shall have no further force or effect on such items or areas except where the Contractor is directed by the City or its representatives to engage in repairs, modification, check- out and/or warranties functions required by its contract(s) with the City.

ARTICLE 3

UNION RECOGNITION AND EMPLOYMENT

Section 3.1 Recognition The Contractor recognizes the Council and the signatory local Unions as the exclusive bargaining representative for the employees engaged in Project Work.

Contractors further recognize that the Unions shall be the primary source of all craft labor employed on Project Work. In the event that a Contractor has its own core workforce, said Contractor shall follow the procedures outlined below.

Section 3.2 Contractor Selection of Employees The Contractor shall have the right to determine the competency of all employees, the number of employees required, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off, unless expressly limited or required by a specific provision of this Agreement or an MLA. The Contractor shall also have the right to reject any applicant referred by a Union for any reason, subject to any required reporting pay; provided, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractor’s commitment to employ qualified workers through the procedures endorsed in this Agreement.

68 City of Garden Grove 10 Community Workforce Agreement Section 3.3 Referral Procedures

(a) For signatory Unions now having a job referral system contained in a MLA , the Contractor agrees to comply with such system and it shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non-discrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the City to encourage employment of City residents and utilization of small local businesses on the Project, and to facilitate the ability of all Contractors to meet their employment needs.

(b) The local Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer apprentices as requested to develop a larger, skilled workforce. The local Unions will work with their affiliated regional and national unions, to identify and refer competent craft persons as needed for Project Work, and to identify and hire individuals, particularly residents of the City, for entrance into joint labor/management apprenticeship programs, or to participate in other identified programs and procedures to assist individuals in qualifying and becoming eligible for such apprenticeship programs, all maintained to increase the available supply of skilled craft personnel for Project Work and future construction of maintenance work to be undertaken by the City.

(c) The Union shall not knowingly refer an employee currently employed by a Contractor on a covered Project to any other Contractor.

Section 3.4 Non-Discrimination in Referral, Employment, and Contracting The Unions and the Contractors agree that they will not discriminate against any employee or applicant for employment in hiring and dispatching on the basis of race, color, religion, sex, gender, national origin, age, membership in a labor organization, sexual orientation, political affiliation, marital status, disability, or any other characteristic protected by federal, state or local law . Further, it is recognized that the City has certain policies, programs, and goals for the utilization of local small business enterprises. The Parties shall jointly endeavor to assure that these commitments are fully met, and that any provisions of this Agreement which may appear to interfere with local small business enterprises successfully bidding for work within the scope of this Agreement shall be carefully reviewed, and adjustments made as may be appropriate and agreed upon among the Parties, to ensure full compliance with the spirit and letter of the City ’s policies and commitment to its goals for the significant utilization of local small businesses as direct Contractors or suppliers for Project Work.

Section 3.5 Employment of Local Residents

(a) The Unions and Contractors agree that, to the extent allowed by law, and as long as they possess the requisite skills and qualifications, the Unions will exert their best efforts to refer and/or recruit sufficient numbers of skilled craft “Local Residents” as defined herein, to fulfill the requirements of the Contractors. In recognition of the fact that the communities surrounding Project Work will be impacted by the construction of the Project Work, the parties 69 City of Garden Grove 11 Community Workforce Agreement agree to support the hiring of workers from the residents of these surrounding areas as further described in this Section 3.5.

(b) The Parties hereby establish a goal that 30% of all construction labor hours worked on the Project shall be from Veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program, regardless of where they reside, and qualified Area Residents residing: first, in those first tier zip codes which overlap the area covered by the City, as reflected on the list of U.S. Postal Service zip codes attached hereto as “Attachment B”, second, in those second tier zip codes which overlap the cities adjacent to the City, as reflected on the list of U.S. Postal Service zip codes attached hereto as “Attachment B”, and third, within the remainder of the County of Orange U.S. Postal Service zip codes, attached hereto as “Attachment B.” For dispatch purposes, employees described in this Section 3.5(b), as well as those described in subsections (c) thru (e), below, shall be referred to as “Local Residents.”

(c) Veterans regardless of residency.

(d) Graduates of high schools located in Garden Grove, regardless of residency.

(e) Disadvantaged individuals residing within Orange County, which may include, but are not limited to, formerly homeless individuals or referrals from non-profit organizations such as Chrysalis Orange County or The Salvation Army. In addition, Projects funded, in part or in whole, with Community Development Block Grant (CDBG) funds, must demonstrate best efforts to secure twenty-five percent (25%) of labor from Low-Income Workers, and five percent (5%) of labor from Low-Income Workers residing within a one mile radius of the Project. Best efforts to comply with this Federal requirement for CDBG funds will be demonstrated by completing and submitting the Section 3 Commitment, Section 3 Compliance Report, Request for Dispatch of an Apprentice – DAS 142 Form, Section 3 Worker Certification Form, and Contractors Outreach Efforts (collectively, the “CDBG Section 3 Compliance Documents”) a sample of which is attached as Attachment C.

(f) A goal of 30% of the total work hours performed on the Project shall be from Local Residents.

(g) The Unions agree to support pre-apprentice referral programs in the City or County of Orange. Further, the Unions agree to place on their referral roles or in the apprentice training programs, as appropriate and needed, qualified person sent to them by designated City organizations or other organizations working with the City to increase construction industry work opportunities for Local Residents. Additionally, Unions agree to collaborate with local non-profit organizations and high schools in Garden Grove to inform individuals about career opportunities through apprenticeships and to conduct joint outreach to recent graduates through participation in job fairs or other career events.

Section 3.6 To facilitate the dispatch of Local Residents and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program, all Contractors will be required to utilize the Craft Employee Request Form whenever they are requesting the referral of any employee from a Union referral list for any Covered Project, a sample of which is attached as Attachment D. When Local Residents and individuals 70 City of Garden Grove 12 Community Workforce Agreement who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre- Apprenticeship Program are requested by the Contractors, the Unions will refer such workers regardless of their place in the Unions’ hiring halls’ list and normal referral procedures.

Section 3.7 Helmets to Hardhats The Contractors and the Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractors and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center’s “Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the Parties. For purposes of this Agreement the term “Eligible Veteran” shall have the same meaning as the term “veteran” as defined under Title 5, Section 2108(1) of the United States Code as the same may be amended or re-codified from time to time. It shall be the responsibility of each qualified City resident to provide the Unions with proof of his/her status as an Eligible Veteran.

The Unions and Contractors agree to coordinate with the Center to create and maintain an integrated database of veterans interested in working on this Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.

Section 3.8 Core Employees

(a) Contractors not independently signatory to a Master Labor Agreement with the Union(s) that represent the employees which the Contractor employs, may hire, as needed, first, a member of their core workforce, then an employee through a referral from the appropriate Union hiring hall, then a second core employee, then a second employee through the referral system, and so on until a maximum of five (5) core employees are employed, thereafter, all additional employees in the affected trade or craft shall be requisitioned from the craft hiring hall in accordance with Section 3.3. In the laying off of employees, the number of core employees shall not exceed one-half plus one of the workforce for an employer with 10 or fewer employees, assuming the remaining employees are qualified to undertake the work available. This provision applies only to Contractors which are not independently signatory to a Master Labor Agreement and is not intended to limit the transfer provisions of the MLA of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all Contractors shall require their core employees and any other persons employed other than through the Union referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment at a Project site.

(b) The core workforce is comprised of those employees whose names appeared on the Contractor’s active payroll for sixty (60) of the one hundred (100) working days immediately before award of Project Work to the Contractor; who have worked at least two-thousand (2,000) hours in the construction craft in which they are employed, during the prior four (4) years; who possess any license required by state or federal law for the Project Work to be performed; who have the ability to safely perform the basic functions of the applicable trade. Payroll records shall not be the sole means of verification; resumes, certifications, or prior employer letters may also establish qualification.
71 City of Garden Grove 13 Community Workforce Agreement

(c) Prior to each Contractor performing any work on the Project, each Contractor shall provide a list of his core employees to the Council. Failure to do so will prohibit the Contractor from using any core employees. Upon request by any Party to this Agreement, the Contractor hiring any core employee shall provide satisfactory proof (i.e., payroll records, quarterly tax records, driver’s license, voter registration, postal address, and such other documentation) evidencing the core employee’s qualification as a core employee to the Council.

(d) Hours worked by residents of states other than California shall not be included in the calculation of total hours of Project Work for purposes of the percentage requirements set forth above.

Section 3.9 Time for Referral If any Union’s registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within forty-eight (48) hours (excluding Saturdays, Sundays, and holidays), that Contractor may use employment sources other than the Union registration and referral services and may employ applicants meeting such standards from any other available source. The Contractors shall inform the Union of any applicants hired from other sources within forty-eight (48) hours of such applicant being hired, and such applicants shall register with the appropriate hiring hall, if any, prior to their first day of employment at a project site.

Section 3.10 Lack of Referral Procedure If a signatory local Union does not have a job referral system as set forth in Section 3.3 above, the Contractors shall give the Union equal opportunity to refer applicants. The Contractors shall notify the Union of employees so hired, as set forth in Section 3.5.

Section 3.11 Individual Seniority Except as provided in Section 4.3, individual seniority shall not be recognized or applied to employees working on the Project; provided, however, that group and/or classification seniority in a Union’s MLA as of the effective date of this Agreement shall be recognized for purposes of layoffs.

Section 3.12 Foremen The selection and number of craft foreman and/or general foreman shall be the responsibility of the Contractor. All foremen shall take orders exclusively from the designated Contractor representatives. Craft foreman shall be designated as working foreman at the request of the Contractors.

Section 3.13 Union Membership Employees are not required to become or remain union members or pay dues or fees as a condition of performing Project Work under this Agreement.

Contractors shall make and transmit all deductions for union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Labor Agreement. Nothing in this Section 3.13 is intended to supersede independent requirements of applicable Master Labor Agreements as to those Contractors otherwise signatory to such Master Labor Agreements and as to the employees of those Contractors who are performing Project Work.

72 City of Garden Grove 14 Community Workforce Agreement ARTICLE 4

UNION ACCESS AND STEWARDS

Section 4.1 Access to Project Sites Authorized representatives of the Union shall have access to Project Work, provided that they do not interfere with the work of employees and further provided that such representatives notify the person charged with on-site project supervision and fully comply with posted visitor, security, and safety rules.

Section 4.2 Stewards

(a) Each signatory local Union shall have the right to dispatch a working journeyperson as a steward for each shift and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person’s duties as steward.

Such designated steward or stewards shall not exercise any supervisory functions. There will be no non-working stewards. Stewards will receive the regular rate of pay for their respective crafts.

(b) In addition to his/her work as an employee, the steward should have the right to receive, but not to solicit, complaints or grievances and to discuss and assist in the adjustment of the same with the employee’s appropriate supervisor. Each steward should be concerned only with the employees of the steward’s Contractor and, if applicable, subcontractor(s), and not with the employees of any other Contractor. A Contractor will not discriminate against the steward in the proper performance of his/her Union duties.

(c) When a Contractor has multiple, non-contiguous work locations at one site, the Contractor may request, and the Union shall appoint such additional working stewards as the Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor.

(d) The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime.

Section 4.3 Steward Layoff/Discharge The Contractor agrees to notify the appropriate Union twenty-four (24) hours before the layoff of a steward, except in the case of disciplinary discharge for just cause. If the steward is protected against such layoff by the provisions of the applicable MLA, such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. In any case in which the steward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor, and such discharge or discipline shall not become final (subject to any later filed grievance) until twenty-four (24) hours after such notice have been given.

Section 4.4 Employees on Non-Project Work On work where the personnel of the City may be working in close proximity to the construction activities covered by this Agreement, the Union agrees that the Union representatives, stewards, and individual workers will not interfere with the City personnel, or with personnel employed by the any other employer not a Party to this Agreement.

73 City of Garden Grove 15 Community Workforce Agreement ARTICLE 5

WAGES AND BENEFITS

Section 5.1 Wages All craft employees covered by this Agreement shall be classified in accordance with work performed and paid by the Contractors the hourly wage rates for those classifications in compliance with the applicable prevailing wage rate determination established pursuant to applicable law. If a prevailing rate increases under law, the Contractor shall pay that rate as of its effective date under the law. Notwithstanding any other provision in this Agreement, Contractors directly signatory to one or more of the MLAs are required to pay all of the wages set forth in those MLAs without reference to the forgoing.

Section 5.2 Benefits

(a) Contractors shall pay contributions to the established employee benefit funds in the amounts designated in the appropriate MLA and make all employee–authorized deductions in the amounts designated in the appropriate MLA, however, such contributions shall not exceed the contribution amounts set forth in the applicable prevailing wage determination.

Notwithstanding any other provision in this Agreement, Contractors directly signatory to one or more of the MLA are required to make all contributions set forth in those MLA without reference to the foregoing. Bona fide jointly-trusteed benefit plans or authorized employee deduction programs established or negotiated under the applicable MLA or by the Parties to this Agreement during the life of this Agreement may be added.

(b) The Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, trust agreement(s) specifying the detailed basis on which payments are to be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the Parties to such trust funds to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor.

(c) Each Contractor and subcontractor is required to certify under penalty of perjury and provide that certification to the City and to maintain records evidencing that it has paid all benefit contributions due and owing to the appropriate Trust(s) prior to the receipt of its final payment and/or retention. Further, a Union shall work with any prime Contractor or subcontractor who is delinquent in payments to assure that proper benefit contributions are made.

In the event of failure of a prime Contractor or subcontractor to timely make the delinquent payments, a Union may request that the City or the prime Contractor withhold payments otherwise due such Contractor, until such contributions have been made or otherwise guaranteed.

Section 5.3 Wage Premiums Wage premiums, including but not limited to pay based on height of work, hazard pay, scaffold pay, and special skills shall not be applicable to work under this Agreement, except to the extent provided for in any applicable prevailing wage determination.

Section 5.4 Compliance with Prevailing Wage Laws The Parties agree that the City shall monitor the compliance by all Contractors and subcontractors with all applicable federal and state prevailing wage laws and regulations, and that such monitoring shall include Contractors engaged in what would otherwise be Project Work but for the exceptions to Agreement coverage 74 City of Garden Grove 16 Community Workforce Agreement in Article 2, Section 2.2. All complaints regarding possible prevailing wage violations shall be referred to the City for processing, investigation, and resolution, and if not resolved within thirty calendar days, may be referred by any party to the state labor commissioner.

ARTICLE 6

WORK STOPPAGES AND LOCK-OUTS

Section 6.1 No Work Stoppages or Disruptive Activity The Council and the Unions signatory hereto agree that neither they, and each of them, nor their respective officers or agents or representatives, shall incite or encourage, condone or participate in any strike, walk-out, slow- down, picketing, observing picket lines or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or any way related to Project Work, or which interferes with or otherwise disrupts, Project Work, or with respect to or related to the City or Contractors or subcontractors, including, but not limited to, economic strikes, unfair labor practice strikes, safety strikes, sympathy strikes and jurisdictional strikes whether or not the underlying dispute is arbitrable. Any such actions by the Council, or Unions, or their members, agents, representatives, or the employees they represent shall constitute a violation of this Agreement. The Council and the Union shall take all steps necessary to obtain compliance with this Article and neither should be held liable for conduct for which it is not responsible.

Section 6.2 Employee Violations The Contractor may discharge any employee violating Section 6.1 above and any such employee will not be eligible for rehire under this Agreement.

Section 6.3 Standing to Enforce The City or any Contractor affected by an alleged violation of Section 6.1 shall have standing and the right to enforce the obligations established therein.

Section 6.4 Expiration of the MLA’s If the MLA, or any local, regional, and other applicable collective bargaining agreements expire during the term of the Project, the Union(s) agree that there shall be no work disruption of any kind as described in Section 6.1 above as a result of the expiration of any such agreement(s) having application on this Project and/or failure of the involved Parties to that agreement to reach a new contract. Terms and conditions of employment established and set at the time of bid shall remain established and set. Otherwise to the extent that such agreement does expire and the Parties to that agreement have failed to reach concurrence on a new contract, work will continue on the Project on one of the following two (2) options, both of which will be offered by the Unions involved to the Contractors affected:

(a) Each of the Unions with a contract expiring must offer to continue working on the Project under interim agreements that retain all the terms of the expiring contract, except that the Unions involved in such expiring contract may each propose wage rates and employer contribution rates to employee benefit funds under the prior contract different from what those wage rates and employer contributions rates were under the expiring contracts. The terms of the Union’s interim agreement offered to Contractors will be no less favorable than the terms offered by the Union to any other employer or group of Contractors covering the same type of construction work in Orange County.

(b) Each of the Unions with a contract expiring must offer to continue working on the Project under all the terms of the expiring contract, including the wage rates and employer 75 City of Garden Grove 17 Community Workforce Agreement contribution rates to the employee benefit funds, if the Contractor affected by that expiring contract agrees to the following retroactive provisions: if a new MLA, local, regional or other applicable labor agreement for the industry having application at the Project is ratified and signed during the term of this Agreement and if such new labor agreement provides for retroactive wage increases, then each affected Contractor shall pay to its employees who performed work covered by this Agreement at the Project during the hiatus between the effective dates of such expired and new labor agreements, an amount equal to any such retroactive wage increase established by such new labor agreement, retroactive to whatever date is provided by the new labor agreement for such increase to go into effect, for each employee’s hours worked on the Project during the retroactive period. All Parties agree that such affected Contractors shall be solely responsible for any retroactive payment to its craft employees.

(c) Some Contractors may elect to continue to work on the Project under the terms of the interim agreement option offered under paragraph (a) above and other Contractors may elect to continue to work on the Project under the retroactivity option offered under paragraph (b) above. To decide between the two options, Contractors will be given one week after the particular labor agreement has expired or one week after the Union has personally delivered to the Contractors in writing its specific offer of terms of the interim agreement pursuant to paragraph (a) above, whichever is the later date. If the Contractor fails to timely select one of the two options, the Contractor shall be deemed to have selected option (b).

Section 6.5 No Lockouts Contractors shall not cause, incite, encourage, condone, or participate in any lock-out of employees with respect to Project Work during the term of this Agreement. The term “lock-out” refers only to a Contractor’s exclusion of employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination or layoff of employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this Agreement, or any other agreement, nor does “lock-out” include the City’s decision to stop, suspend or discontinue any Project Work or any portion thereof for any reason.

Section 6.6 Best Efforts to End Violations

(a) If a Contractor contends that there is any violation of this Article or Section 7.3, it shall notify, in writing, the Executive Secretary of the Council, the Senior Executive of the involved Union(s) and the City. The Executive Secretary and the leadership of the involved Union(s) will immediately instruct, order, and use their best efforts to cause the cessation of any violation of the relevant Article.

(b) If the Union contends that any Contractor has violated this Article, it will notify the Contractor and the City, setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 6.8. The Executive Secretary and the leadership of the involved Union(s) will promptly notify and use their best efforts to cause the involved Contractor(s) to cease any violation of the Article.

Section 6.7 Withholding of services for failure to pay wages and fringe benefits

Notwithstanding any provision of this Agreement to the contrary, it shall not be a violation of this Agreement for any Union to withhold the services of its members (but not the right to picket) from a particular Contractor who:
76 City of Garden Grove 18 Community Workforce Agreement

(a) fails to timely pay its weekly payroll; or

(b) fails to make timely payments to the Union’s Joint Labor/Management Trust Funds in accordance with the provisions of the applicable MLA. Prior to withholding its members’ services for the Contractor’s failure to make timely payments to the Union’s Joint Labor/Management Trust Funds, the Union shall give at least ten (10) days (unless a lesser period of time is provided in the Union’s MLA, but in no event less than forty-eight (48) hours) written notice of such failure to pay by registered or certified mail, return receipt requested, and by facsimile transmission to the involved Contractor and to the City. Union will meet within the ten (10) day period to attempt to resolve the dispute.

(c) Upon the payment of the delinquent Contractor of all monies due and then owing for wages and/or fringe benefit contributions, the Union shall direct its members to return to work and the Contractor shall return all such members back to work.

Section 6.8 Expedited Enforcement Procedure Any party, including the City, which the Parties agree is a Party to the Agreement for purposes of this Article and an intended beneficiary of this Article, may institute the following procedures, in lieu of or in addition to any other action at law or equity, when a breach of Section 6.1 or 6.5, above, or Section 7.3 is alleged.

(a) The Party invoking this procedure shall notify Andrea Dooley who has been selected by the negotiating Parties, and whom the Parties agree shall be the permanent arbitrator under this procedure. If the permanent arbitrator is unavailable at any time, the party invoking this procedure shall notify one of the alternates selected by the Parties, as set forth under section

9.2, Step 3 (a), in that order on an alternating basis. Expenses incurred in arbitration shall be borne equally by the Contractor and Union involved in the arbitration and the decision of the arbitrator shall be final and binding on the Contractor and Union, provided, however, that the arbitrator shall not have the authority to alter or amend or add to or delete from the provisions of this Agreement in any way. Notice to the arbitrator shall be by the most expeditious means available, with notices to the Parties alleged to be in violation, and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by facsimile, hand delivery or overnight mail and will be deemed effective upon receipt.

(b) Upon receipt of said notice, the arbitrator named above or his/her alternate shall sit and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, but not sooner than twenty-four (24) hours after notice has been dispatched to the Executive Secretary and the Senior Official(s) as required by Section 6.6, as above.

(c) The arbitrator shall notify the Parties of the place and time chosen for this hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator’s discretion, shall not exceed 24 hours unless otherwise agreed upon by all Parties. A failure of any Contractor or Union to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitrator.

(d) The sole issue at the hearing shall be whether or not a violation of Sections 6.1 or

6.5, above, or Section 7.3 has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation, or mitigation of such violation or to award damages, 77 City of Garden Grove 19 Community Workforce Agreement (except for damages as set forth in 6.8 below) which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without an opinion. If any Contractor or Union desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the Award. The arbitrator may order cessation of the violation of the Article and other appropriate relief, and such award shall be served on all Parties by hand or registered mail upon issuance.

(e) Such award shall be final and binding on all Parties and may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to herein above in the following manner. Written notice of the filing of such enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a temporary order enforcing the arbitrator’s award as issued under Section 6.7(d) of this Article, all Parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any Party’s right to participate in a hearing for a final order of enforcement. The court’s order or orders enforcing the arbitrator’s award shall be served on all Parties by hand or by delivery to their address as shown on this Agreement (for a Union), as shown on their business contract for work under this Agreement (for a Contractor) and to the representing Union (for an employee), by certified mail by the Party or Parties first alleging the violation.

(f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto are hereby waived by the Contractor and Union to whom they accrue.

(g) The fees and expenses of the arbitrator shall be equally divided between the Contractor and Union initiating this procedure and the respondent Party or Parties.

ARTICLE 7

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

Section 7.1 Assignment of Work The assignment of Project Work will be solely the responsibility of the Contractor performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

Section 7.2 The Plan All jurisdictional disputes on this Project Work between or among the building and construction trades Unions and the Contractors that are parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding, and conclusive on the Contractors and Unions parties to this Agreement.

(a) If a dispute arising under this Article involves the Western States Regional Council of Carpenters or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, 78 City of Garden Grove 20 Community Workforce Agreement Robert Hirsch, and Thomas Pagan, and the Arbitrator’s hearing on the dispute shall be held at the offices of the Trades Council within 14 days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.

Section 7.3 No Work Disruption Over Jurisdiction All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Contractor’s assignment shall be adhered to until the dispute is resolved. Individuals violating this section shall be subject to immediate discharge.

Section 7.4 Pre-Job Conferences As provided in Article 13, each Contractor will conduct a pre-job conference with the appropriate affected Union(s) prior to commencing work; provided however, at no time shall the City be responsible for additional costs related to, associated with, or resulting from Union(s) jurisdictional disputes. The Council and the City shall be advised in advance of all such conferences and may participate if they wish.

Section 7.5 Resolution of Jurisdictional Disputes If any actual or threatened strike, sympathy strike, work stoppage, slow down, picketing, hand-billing or otherwise advising the public that a labor dispute exists, or interference with the progress of Project Work by reason of a jurisdictional dispute or disputes occurs, the Parties shall exhaust the expedited procedures set forth in the Plan, if such procedures are in the plan then currently in effect, or otherwise as in Article 6 above.

ARTICLE 8

MANAGEMENT RIGHTS

Section 8.1 Contractor and City Rights The Contractors and the City have the sole and exclusive right and authority to oversee and manage construction operations on Project Work, as set forth in this Article, without any limitations unless expressly limited or required by another Article of this Agreement or an MLA. In addition to the following and other rights of the Contractors enumerated in this Agreement, the Contractors expressly reserve their management rights and all the rights conferred upon them by law. The Contractor’s rights include, but are not limited to, the right to:

(a) Plan, direct and control operations of all work;

(b) Hire, promote, transfer and layoff their own employees, respectively, as deemed appropriate to satisfy work and/or skill requirements;

(c) Promulgate and require all employees to observe reasonable job rules and security and safety regulations;

(d) Discharge, suspend or discipline their own employees for just cause;

(e) Utilize, in accordance with City approval, any work methods, procedures or techniques, and select, use and install any types or kinds of materials, apparatus or equipment, regardless of source of manufacture or construction; assign and schedule work at their discretion; and
79 City of Garden Grove 21 Community Workforce Agreement (f) Assign overtime, determine when it will be worked, and the number and identity of employees engaged in such work, subject to such provisions in the applicable MLA(s) requiring such assignments be equalized or otherwise made in a nondiscriminatory manner.

Section 8.2 Specific City Rights In addition to the following and other rights of the City enumerated in this Agreement, the City expressly reserves its management rights and all the rights conferred on it by law. The City’s rights include but are not limited to the right to:

(a) Inspect any construction site or facility to ensure that the Contractor follows the applicable safety and other work requirements;

(b) Require Contractors to establish a different work week or shift schedul e for particular employees as required to meet the operational needs of the Project Work at a particular location;

(c) At its sole option, terminate, delay and/or suspend any and all portions of the covered work at any time; prohibit some or all work on certain days or during certain hours of the day to accommodate the ongoing operations of the City services and/or to mitigate the effect of ongoing Project Work on businesses and residents in the neighborhood of the Project site; and/or require such other operational or schedule changes it deems necessary, in its sole judgment, to effectively maintain its primary mission and remain a good neighbor to those in the area of the Project Work. In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the affected Contractor(s) and Union(s) with reasonable notice of any changes it requires pursuant to this section; provided, however, that if notice is not provided in time to advise employees not to report for work, show-up pay shall be due pursuant to the applicable MLA;

(d) Approve any work methods, procedures and techniques used by Contractors whether or not these methods, procedures or techniques are part of industry practices or customs; and

(e) Investigate and process complaints, in the matter set forth in Articles 6 and 9.

Section 8.3 Use of Materials There should be no limitations or restriction by Union upon a Contractor’s choice of materials or design, nor, regardless of source or location, upon the full use and utilization, of equipment, machinery, packaging, precast, prefabricated, prefinished, or preassembled materials, tools or other labor saving devices, subject to the application of the State Public Contracts and Labor Codes as required by law in reference to offsite construction.

Generally, the onsite installation or application of such items shall be performed by the craft having jurisdiction over such work.

Section 8.4 Special Equipment, Warranties and Guaranties

(a) It is recognized that certain materials, equipment, and systems of a highly technical and specialized nature will have to be installed at the Project. The nature of the materials, equipment, and systems, together with requirements of manufacturer’s or vendor’s warranty, may dictate that it be prefabricated, pre-piped, and/or pre-wired and that it be installed 80 City of Garden Grove 22 Community Workforce Agreement under the supervision and direction of Owner’s and/or manufacturer’s personnel. The Unions agree to install such material, equipment, and systems without incident;

(b) The Parties recognize that the Contractor will initiate from time to time the use of new technology, equipment, machinery, tools, and other labor-savings devices and methods of performing Project Work. The Union agrees that they will not restrict the implementation of such devices or work methods. The Unions will accept and will not refuse to handle, install, or work with any standardized and/or catalogue: parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, or materials whatever their source of manufacture or construction.

(c) If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, or device or item, or method of work, arises, or whether a particular part or pre-assembled item is a standardized or catalog part or item, the work will precede as directed by the Contractor and the Parties shall immediately consult over the matter. If the disagreement is not resolved, the affected Union(s) shall have the right to proceed through the procedures set forth in Article 9.

ARTICLE 9

SETTLEMENT OF GRIEVANCES AND DISPUTES

Section 9.1 Cooperation and Harmony on Site

(a) This Agreement is intended to establish and foster continued close cooperation between management and labor. The Council shall assign a representative to this Project for the purpose of assisting the local Unions, and working with the City and the Contractors, to complete the construction of the Project economically, efficiently, continuously and without any interruption, delays or work stoppages.

(b) The Contractors, Unions, and employees collectively and individually, realize the importance to all Parties of maintaining continuous and uninterrupted performance Project Work, and agree to resolve disputes in accordance with the grievance provisions set forth in this Article or, as appropriate, those of Article 6 or 7.

(c) The Unions and/or Council shall oversee the processing of grievances under this Article and Articles 6 and 7, including the scheduling and arrangements of facilities for meetings, selection of the arbitrator from the agreed-upon panel to hear the case, and any other administrative matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal parties to any pending grievance to insure the time limits and deadlines are met.

Section 9.2 Processing Grievances Any questions arising out of and during the term of this Agreement involving its interpretation and application, which includes applicable provisions of the MLA’s, but not jurisdictional disputes or alleged violations of Section 6.1 and 6.4 and similar provisions, shall be considered a grievance and subject to resolution under the following procedures.

81 City of Garden Grove 23 Community Workforce Agreement Step 1. Employee Grievances When any employee subject to the provisions of this Agreement feels aggrieved by an alleged violation of this Agreement, the employee shall, through his local Union business representative or, job steward, within ten (10) working days after the occurrence of the violation, give notice to the work site representative of the involved Contractor stating the provision(s) alleged to have been violated. A business representative of the local Union or the job steward and the work site representative of the involved Contractor shall meet and endeavor to resolve the matter within ten (10) working days after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving party may, within ten (10) working days thereafter, pursue Step 2 of this grievance procedure provided the grievance is reduced to writing, setting forth the relevant information, including a short description thereof, the date on which the alleged violation occurred, and the provision(s) of the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non-precedential except as to the parties directly involved.

Union or Contractor Grievances Should the Union(s) or any Contractor have a dispute with the other Party(ies) and, if after conferring within ten (10) working days after the disputing Party knew or should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) working days, the dispute shall be reduced to writing and processed to Step 2 in the same manner as outlined in 1(a) above for the adjustment of an employee complaint.

Step 2. The business manager of the involved local Union or his designee, together with the site representative of the involved Contractor, shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. If the Parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days after the initial meeting at Step 2.

Step 3. (a) If the grievance shall have been submitted but not resolved under Step 2, either the Union or Contractor Party may request in writing to the other party to the grievance (with copy (ies) to the other Party (ies)) within seven (7) calendar days after the initial Step 2 meeting, that the grievance be submitted to an arbitrator selected from the agreed upon list below, on a rotational basis in the order listed. Those arbitrators are: (1) Andrea Dooley; (2) David Weinberg; (3) Sara Adler; (4) Juan Carlos Gonzalez; and (5) Fred Horowitz. The decision of the arbitrator shall be final and binding on all Parties and the fee and expenses of such arbitrations shall be borne equally by the involved Contractor(s) and the involved Union(s).

(b) Failure of the grieving Party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the Parties involved at the particular step where the extension is agreed upon. The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add too, or detract from any of the provisions of this Agreement.

(c) The fees and expenses incurred by the arbitrator, as well as those jointly utilized by the Parties (i.e., conference room, court reporter, etc.) in arbitration, shall be divided equally by the Parties to the arbitration, including Union(s) and Contractor(s) involved.

82 City of Garden Grove 24 Community Workforce Agreement Section 9.3 Limit on Use of Procedures The procedures contained in this Article shall not be applicable to any alleged violation of Articles 6 or 7, with a single exception that any employee discharged for violation of Section 6.2, or Section 7.3, may resort to the procedures of this Article to determine only if he/she was, in fact, engaged in that violation.

Section 9.4 Notice The City shall be notified by the involved Contractor of all actions at Steps 2 and 3, and further, the City may, in its sole discretion, designate a City staff member to participate fully as a party in all proceedings at such steps.

ARTICLE 10

REGULATORY COMPLIANCE

Section 10.1 Compliance with All Laws The Council and all Unions, Contractors, subcontractors and their employed shall comply with all applicable federal and state laws, ordinances and regulations including, but not limited to, those relating to safety and health, employment, and applications for employment. All employees shall comply with the safety regulations established by the City or the Contractor. Employees must promptly report any injuries or accidents to a supervisor.

Section 10.2 Monitoring Compliance The Parties agree that the City shall require, and that the Council and Unions may monitor, compliance by all Contractors and subcontractors with all federal and state laws regulation that, from time to time may apply to Project Work. It shall be the responsibility of the Council to investigate or monitor compliance with these various laws and regulations. The Council may recommend to the City procedures to encourage and enforce compliance with these laws and regulations.

Section 10.3 Prevailing Wage Compliance All Contractors shall comply with the State laws and regulations on prevailing wages. Compliance with this obligation may be enforced by the appropriate parties through Article 9 above. It is understood that this Section does not restrict any individual rights as established under the State Labor Code, including the rights of an individual to file a complaint with the State Labor Commissioner or the Department of Industrial Relations (DIR).

Section 10.4 Violations of Law Should there be a finding by a Court or administrative tribunal of competent jurisdiction that a Contractor violated Federal and/or State law or regulation, the City, upon notice to the Contractor that it or its Subcontractors is in such violation (including finding of non-compliance with the California Prevailing Wage obligations as enforced pursuant to DIR regulations), make take such action as it is permitted by law or contract to encourage that Contractor to come into compliance, including, but not limited to, assessing fines and penalties and/or removing the offending Contractor from Project Work. Additionally, in accordance with the Agreement between the City and the Contractor, the City may cause the Contractor to remove from Project Work any subcontractor who is in violation of Federal and/or State law.

83 City of Garden Grove 25 Community Workforce Agreement ARTICLE 11

SAFETY AND PROTECTION OF PERSON AND PROPERTY

Section 11.1 Safety

(a) It shall be the responsibility of each Contractor to ensure safe working conditions and craft employee compliance with applicable safety regulations established by the Division of Occupational Safety and Health (Cal/OSHA), or City safety rules, or Contractor safety rules. It is understood that craft employees have an individual obligation to use diligent care to perform their work in a safe manner to protect themselves and the property of the Contractor and the City.

(b) Craft employees shall be bound by the safety, security and visitor rules established by the Contractor and/or the City. The rules will be published and posted. A craft employee’s failure to satisfy his /her obligations under this section will subject him/her to discipline, up to and including discharge.

(c) The Parties adopt the Los Angeles/Orange Counties Building and Construction Trades Council Approved Drug and Alcohol Testing Policy, a copy of which is attached hereto as Attachment D and which shall be the policy and procedure utilized under this Agreement.

(d) Water and Sanitary Facilities. The Contractor shall provide adequate supplies of drinking water and sanitary facilities for all craft employees as required by State law and regulations.

ARTICLE 12

APPRENTICES

Section 12.1 Importance of Training The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the local work force in the area served by the City, and the opportunities to provide continuing work under the construction program. To these ends, the Council will facilitate, encourage, and assist local residents to commence and progress in Labor/Management Apprenticeship and/or training Programs in the construction industry leading to participation in such apprenticeship programs.

The Council will identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry and which will help prepare them for the formal joint labor/management apprenticeship programs maintained by the signatory Unions.

The City will facilitate communication with workforce development partners to assist in promoting such programs and procedures.

Section 12.2 Use of Apprentices

(a) Apprentices used on Projects under this Agreement shall be registered in Joint Labor Management Apprenticeship Programs approved by the State of California. Apprentices may comprise up to thirty percent (30%) of each craft’s work force at any time, unless the standards of the applicable joint apprenticeship committee confirmed by the Division of Apprenticeship Standards (“DAS”), establish a lower or higher maximum percentage. Where the 84 City of Garden Grove 26 Community Workforce Agreement standards permit a higher percentage, such percentage shall apply on Project Work. Where the applicable standards establish a lower percentage, the applicable Union will use its best efforts with the Joint Labor Management apprenticeship committee and, if necessary, the DAS to permit up to thirty percent (30%) apprentices on the Project.

(b) The Unions agree to cooperate with the Contractor in furnishing apprentices as requested up to the maximum percentage. The apprentice ratio for each craft shall be in compliance, at a minimum, with the applicable provisions of the Labor Code relating to utilization of apprentices. The City shall encourage such utilization, and, both as to apprentices and the overall supply of experienced workers. The Unions will assure appropriate and maximum utilization of apprentices and the continuing availability of both apprentices and journey persons.

(c) The Parties agree that apprentices will not be dispatched to Contractors working under this Agreement unless there is a journeyman working on the project where the apprentice is to be employed who is qualified to assist and oversee the apprentice’s progress through the program in which he is participating.

(d) All apprentices shall work under the direct supervision of a journeyman from the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the California Code of Regulations, Title 8 [apprenticeship] section 205, which defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft, or ha s completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation. Should a question arise as to a journeyman’s qualification under this subsection, the Contractor shall provide adequate proof evidencing the worker’s qualification as a journeyman to the Council.

ARTICLE 13

PRE-JOB CONFERENCES

Each Primary Contractor which is awarded a Construction Contract by the City for Project Work shall conduct a Pre-Job conference with the appropriate affected Union(s) prior to commencing work. All Contractors who have been awarded contracts by the Primary Contractor shall attend the Pre-Job conference. The Council and the City shall be advised in advance of all such conferences and may participate if they wish. All work assignments shall be disclosed by the Primary Contractor and all Contractors at the Pre-Job conference in accordance with industry practice. Should there be Project Work that was not previously discussed at the pre-job conference, or additional project work be added, the contractors performing such work will conduct a separate pre-job conference for such newly included work. Should there be any formal jurisdictional dispute raised under Article 8, the City shall be promptly notified. Primary Contractor shall have available at the Pre-Job conference the plans and drawing for the work to be performed on the Project.

85 City of Garden Grove 27 Community Workforce Agreement ARTICLE 14

WORK OPPORTUNITIES PROGRAM

Section 14.1 The Parties to this Agreement support the development of increased numbers of skilled construction workers from among the Local Residents residing within the geographic area serviced by the City, to meet the labor needs of the Project, specifically, and the requirements of the local construction industry generally. Towards that end the City supports the Council’s work opportunities program for these Local Residents, the primary goals of which shall be to maximize construction work opportunities for traditionally underrepresented members of the community. In furtherance of the foregoing, the Unions specifically agree to:

a) Encourage the referral and utilization, to the extent permitted by law and hiring hall practices, of qualified Local Residents as journeymen, and apprentices on the Project and entrance into such qualified apprenticeship and training programs as may be operated by signatory Unions; and

b) Assist Local Residents in contacting pre-apprenticeship programs that utilize the Building Trades multi-craft core curriculum (MC3) and the Apprenticeship Training Committees for the crafts and trades they are interested in. The Unions shall assist Local Residents who are seeking Union jobs on the Project and Union membership in assessing their work experience and giving them credit for provable past experience in their relevant craft or trade, including experience gained working for non-union Contractors. The Unions shall put on their rolls qualified bona fide Local Residents for work on this Project; and

c) Support local events and programs designed to recruit and develop adequate numbers of qualified workers in the construction industry.

ARTICLE 15

SAVINGS AND SEPARABILITY

Section 15.1 Savings Clause It is not the intention of the City , Contractor, or the Union parties to violate any laws governing the subject matter of this Agreement. The Parties hereto agree that in the event any provision of this Agreement is finally held or determined to be illegal or void as being in contravention of any applicable law or regulation, the remainder of the Agreement shall remain in full force and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this Agreement. Further, the Parties agree that if and when any provision(s) of this Agreement is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and the intent of the Parties hereto. If the legality of this Agreement is challenged and any form of injunctive relief is granted by any court, suspending temporarily or permanently the implementation of this Agreement, then the Parties agree that all Project Work that would otherwise be covered by this Agreement should be continued to be bid and constructed without application of this Agreement so that there is no delay or interference with the ongoing planning, bidding and construction of any Project Work.

86 City of Garden Grove 28 Community Workforce Agreement Section 15.2 Effect of Injunctions or Other Court Orders The Parties recognize the right of the City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid specification should a Court of competent jurisdiction issue any order, or any applicable statute which could result, temporarily or permanently in delay of the bidding, awarding and/or construction on the Project. Notwithstanding such an action by the City, or such court order or statutory provision, the Parties agree that the Agreement shall remain in full force and effect on covered Project Work to the maximum extent legally possible.

ARTICLE 16
WAIVER

A waiver of or a failure to assert any provisions of this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision for the future. Any such waiver shall not constitute a modification of the Agreement or change in the terms and conditions of the Agreement and shall not relieve, excuse or release any of the Parties from any of their rights, duties or obligations hereunder.

ARTICLE 17

AMENDMENTS

The provisions of this Agreement can be renegotiated, supplemented, rescinded, or otherwise altered only by mutual agreement in writing, hereafter signed by the negotiating Parties hereto.

ARTICLE 18

DURATION OF THE AGREEMENT

Section 18.1 Duration

(a) This Agreement shall be effective from the date signed by all Parties for all contracts that are executed after July 1, 2025, and shall remain in effect for a period of five (5) years; provided, however, that this Agreement may be extended by mutual written agreement of the Parties. Any covered Project awarded during the term of this Agreement shall continue to be covered hereunder, until completion of the Project, notwithstanding the expiration date of this Agreement.

(b) After the first three (3) years of this Agreement, the Council may submit a report to the City summarizing efforts undertaken to implement work opportunities, including outreach and efforts to increase the number of local skilled workers in the City of Garden Grove and among Local Residents. Upon the request of the City, after submittal and review of such report, the Parties shall meet to discuss potential changes to this Agreement, which changes shall be mutually agreed upon and put in writing in the form of an amendment to this Agreement.

Section 19.2 Turnover and Final Acceptance of Completed Work

(a) Construction of any phase, portion, section, or segment of Project Work shall be deemed complete when such phase, portion, section, or segment has been turned over to the City 87 City of Garden Grove 29 Community Workforce Agreement by the Contractor and the City has accepted such phase, portion, section, or segment. As areas and systems of the Project are inspected and construction-tested and/or approved and accepted by the City or third parties with the approval of the City, the Agreement shall have no further force or effect on such items or areas, except when the Contractor is directed by the City to engage and repairs or modifications required by its contract(s) with the City.

(b) Notice of each final acceptance received by the Contractor will be provided to the Council with the description of what portion, segment, etc. has been accepted. Final acceptance may be subject to a “punch” list, and in such case, the Agreement will continue to apply to each such item on the list until it is completed to the satisfaction of the City and Notice of Completion is issued by the City or its representative to the Contractor. At the request of the Union, complete information describing any “punch” list work, as well as any additional work required of a Contractor at the direction of the City pursuant to (a) above, involving otherwise turned-over and completed facilities which have been accepted by the City.

[SIGNATURE PAGE FOLLOWS]

88 City of Garden Grove 30 Community Workforce Agreement

IN WITNESS whereof the Parties have caused this Community Workforce Agreement to be executed as of the date and year above stated.

CITY OF GARDEN GROVE L OS ANGELES/ORANGE COUNTIES

BUILDING & CONSTRUCTION

TRADES COUNCIL

By: ________________________________ By: ________________________________ Lisa Kim Ernesto Medrano
City Manager Executive Secretary

Attest:

City Clerk

Approve as to form:

City Attorney

89 City of Garden Grove 31 Community Workforce Agreement

LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION

TRADES COUNCIL CRAFT UNIONS AND DISTRICT COUNCILS

Asbestos Heat & Frost Insulators (Local 5) ______________________________ Boilermakers (Local 92) ______________________________ Bricklayers & Allied Craftworkers (Local 4) ______________________________ Cement Masons (Local 500) ______________________________ Electricians (Local 441) ______________________________ Elevator Constructors (Local 18) _____________________________ Gunite Workers (Local 345) ______________________________ Iron Workers (Reinforced – Local 416) ______________________________ Iron Workers (Structural – Local 433) ______________________________ Southern California District Council of Laborers ______________________________ LiUNA (Local 652) ______________________________
LiUNA (Local 300) (remediation) ______________________________ LiUNA (Local 1184) ______________________________ LiUNA (Plaster Tenders Local 1414) ______________________________ Operating Engineers (Local 12) ______________________________ Operating Engineers (Local 12) ______________________________ Operating Engineers (Local 12) ______________________________ Painters & Allied Trades DC 36 ______________________________ Pipe Trades (Pipefitters Local 250) ______________________________ Pipe Trades (Local 345) ______________________________ Pipe Trades (Plumbers Local 582) ______________________________ Pipe Trades (Sprinkler Fitters Local 709) _____________________________ Plasterers (Local 200) ______________________________ Roofers & Waterproofers (Local 220) ______________________________ Sheet Metal Workers (Local 105) _____________________________ Teamsters (Local 952) ______________________________ Teamsters (Local 986) ______________________________ Western States Regional Council of Carpenters ______________________________

90 City of Garden Grove 32 Community Workforce Agreement

ATTACHMENT A

LETTER OF ASSENT

To be signed by all contractors awarded work covered by the Community Workforce Agreement prior to commencing work.

[Contractor’s Letterhead]
City of Garden Grove
1234 address
City, state, zip code
Attn: __________________

Re: Community Workforce Agreement - Letter of Assent

Dear Sir:

This is to confirm that [name of company] agrees to be party to and bound by the City of Garden Grove Community Workforce Agreement effective _______, 2025, as such Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms.

Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.

Sincerely.

[Name of Construction Company]

By: [_____________________] Name and Title of Authorized Executive

Contractor’s State License No: _________________________

Project Name: ____________________________

[Copies of this letter must be submitted to the City and to the Council.] 91 City of Garden Grove 33 Community Workforce Agreement

ATTACHMENT B

LOCAL RESIDENT ZIP CODES

(TIER 1 – City of Garden Grove)

92840 92843 92846
92841 92844
92842 92845

(TIER 2 – Cities adjacent to the City of Garden Grove)

90680 92728 92816
90721 92735 92817
92683 92799 92825
92684 92801 92850
92685 92802 92856
92701 92803 92857
92702 92804 92859
92703 92805 92863
92704 92806 92864
92705 92807 92865
92706 92809 92866
92707 92812 92867
92708 92814 92868
92711 92815 92869
92712
(TIER 3)

[The Remaining Zip Codes in Orange County]

92 City of Garden Grove 34 Community Workforce Agreement

ATTACHMENT C
CDBG SECTION 3 COMPLIANCE DOCUMENTS

93 City of Garden Grove 35 Community Workforce Agreement

94 City of Garden Grove 36 Community Workforce Agreement

95 City of Garden Grove 37 Community Workforce Agreement

96 City of Garden Grove 38 Community Workforce Agreement

97 City of Garden Grove 39 Community Workforce Agreement

98 City of Garden Grove 40 Community Workforce Agreement

ATTACHMENT D

CRAFT REQUEST FORM

CITY OF GARDEN GROVE

TO THE CONTRACTOR: Please complete and fax this form to the applicable union to request craft workers that fulfill the hiring requirements for this project. After faxing your request, please call the Local to verify receipt and substantiate their capacity to furnish workers as specified below. Please print your Fax Transmission Verification Reports and keep copies for your records.

The City of Garden Grove Community Workforce Agreement establishes a goal that 30% of all of the labor and craft positions shall be from Veterans and individuals who have successfully completed the Buil ding Trades Multi- Craft Core Curriculum Pre-Apprenticeship Program, regardless of where they reside, and qualified area residents residing: first, in those first tier zip codes which overlap the area covered by the City, as reflected on the list of U.S.

Postal Service zip codes attached hereto as “Attachment B”, second, in those second tier zip codes which overlap the cities adjacent to the City, as reflected on the list of U.S. Postal Service zip codes and third, within the remainder of the County of Orange, attached hereto as Attachment “B.” For dispatch purposes, employees described herein shall be referred to as “Local Residents.”

TO THE UNION: Please complete the “Union Use Only” section on the next page and fax this form back to the requesting Contractor. Be sure to retain a copy of this form for your records.

CONTRACTOR USE ONLY

To: Union Local # Fax# ( ) Date:

Cc: City Engineer
From: Company: Issued By:

Contact Phone: ( ) Contact Fax: ( )

PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS.

Craft
Classification
( i.e., plumber,
painter, etc.)
Journeyman
or
Apprentice

Local Resident or
General Dispatch

Number of
workers
needed
Report
Date Report Time

TOTAL WORKERS REQUESTED = ______________

Please have worker(s) report to the following work address indicated below:

Project Name: _______________________ Site: _____________________ Address: ________________________ Report to: _______________________ On-site Tel: __________________ On-site Fax: ___________________ Comment or Special Instructions: ________________________________________________________________ 99 City of Garden Grove 41 Community Workforce Agreement

UNION USE ONLY

WORKER REFERRED
[This form is not intended to replace a Local Union’s Dispatch or Referral Form normally given to the employee when being dispatched to the jobsite.]

Date dispatch request received:

Dispatch received by:

Classification of worker requested:

Classification of worker dispatched:

Name:

Date worker was dispatched:

Is the worker referred a: (check all that apply)

JOURNEYMAN

Yes _____ No _____

APPRENTICE

Yes _____ No _____

LOCAL RESIDENT

Yes _____ No _____

GENERAL DISPATCH FROM OUT OF WORK LIST

Yes _____

No _____

100

City of Garden Grove 42 Community Workforce Agreement

ATTACHMENT E

DRUG AND ALCOHOL TESTING POLICY

LOS ANGELES/ORANGE COUNTIES

BUILDING AND CONSTRUCTION TRADES COUNCIL

APPROVED

The Parties recognize the problems that drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the workplace and to maintain a drug and alcohol-free work environment, individual Contractors shall require applicants or employees to undergo drug and alcohol testing in accordance with this CWA and this policy, Attachment D – Drug and Alcohol Testing Policy, hereafter “Policy.”

1. It is understood that the use, possession, transfer, or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession of or consuming alcohol is absolutely prohibited while employees are on the Contractor’s job premises or while working on any jobsite in connection with work performed under the CWA.

2. No Contractor may implement a drug and alcohol testing program that does not conform in all respects to the provisions of this Policy.

3. No Contractor may implement drug and alcohol testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Prime Contractor's project manager.

Said notice shall be provided at the pre-job conferences for each Covered Project. Failure to give such notice shall make any drug and alcohol testing engaged in by the Contractor a violation of the CWA and subject to the Article 10 grievance procedure.

4. A Contractor who elects to implement drug and alcohol testing pursuant to this Policy shall require all craft employees on the Covered Project to be tested. With respect to individuals who become employed on the Covered Project subsequent to the proper implementation of a valid drug and alcohol testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the project prior to proper implementation of a valid drug and alcohol testing program may only be subjected to testing for the reasons set forth in paragraphs 5(g)(l) through 5(g)(3) and paragraphs 6(a) through 6(e) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project.

5. The following procedure shall apply to all drug and alcohol testing:
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City of Garden Grove 43 Community Workforce Agreement
a. The Contractor may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Contractor shall draw blood from a bargaining unit employee, touch or handle urine specimens, or in any way become involved in the chain of custody of urine or blood specimens. A Union Business Representative, subject to the approval of the individual applicant or employee, shall be permitted to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing of the specimen. b. A Contractor may request an applicant or employee promptly, within four (4) hours of the Contractor’s request, perform an alcohol breathalyzer test at a certified laboratory only, and cutoff levels shall be those mandated by applicable state or federal law. c. The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Contractor and the Union.
d. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMIT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography/Mass Spectrometry (GC/MS). Cutoff levels for both the initial test and confirmation test will be those established by SAMHSA and this Policy. Should these SAMHSA levels be changed during the course of the CWA or new testing procedures are approved, then these new regulations will be deemed as part of this existing CWA. Confirmed positive samples will be retained by the testing laboratory in secured long-term frozen storage for a minimum of one (1) year. Handling and transportation of each sample must be documented through strict chain-of-custody procedures.
e. In the event of a confirmed positive test result, the applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by SAMHSA. The retest must be performed within ten (10) days of the request. Chain of custody for this sample shall be maintained by the Contractor between the original testing laboratory and the Union's designated laboratory. Retesting shall be performed at the applicant’s or employee’s expense. In the event of conflicting test results, the Contractor may require a third test, at the Contractor’s expense. f. If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the project. g. No individual who tests negative for drugs and alcohol pursuant to the above procedure and becomes employed on the project shall again be subjected to drug and alcohol testing with the following exceptions:
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City of Garden Grove 44 Community Workforce Agreement
1) Employees who are involved in industrial accidents resulting in damage to plant, property, or equipment or injury to him/her or others may be tested for drugs or alcohol pursuant to the procedures stated hereinabove.
2) The Contractor may test employees following thirty (30) days' advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be sent by certified mail to the affected Union with a copy to the Project Labor Coordinator. Such testing shall be pursuant to the procedures stated hereinabove. 3) The Contractor may test an employee where the Contractor has reasonable cause to believe that the employee is impaired from performing his/her job. Reasonable cause shall be defined as being aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment (e.g., slurred speech, unusual lack of muscular coordination). Such behavior must be actually observed by at least two (2) persons, one (1) of whom shall be a supervisor who has been trained to recognize the symptoms of drug and alcohol abuse or impairment and the other of whom shall be the Job Steward.

If the Job Steward is unavailable or there is no Job Steward on the Covered Project, the other person shall be a member of the applicable Union’s bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Contractor's payroll.
h. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug and alcohol testing. Payment shall be at the applicable wage and benefit rates set forth in the Applicable Prevailing Wage Laws. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment. Applicants who are put to work pending the results of a test will be considered probationary employees.

6. The Contractors will be allowed to conduct periodic jobsite drug and alcohol testing on the Project under the following conditions:
a. The entire jobsite must be tested, including any employee or subcontractor's employee who worked on that project three (3) working days before or after the date of the test; b. Jobsite testing cannot commence sooner than fifteen (15) days after start of the work on the project;
c. Prior to start of periodic testing, a Business Representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected employees;
d. Testing shall be conducted by an SAMHSA-certified laboratory, pursuant to the provisions set forth in paragraph 5 hereinabove.
e. Only two (2) periodic tests may be performed in a twelve (12)-month period. 103

City of Garden Grove 45 Community Workforce Agreement

7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Contractor to remove the employee from the jobsite.

8. Any grievance or dispute that may arise out of the application of this Policy shall be subject to the grievance and arbitration procedures set forth in the CWA.

9. The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule, or regulation. Should any part of this Policy be found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the Parties, the remaining portions of the CWA shall be unaffected, and the Parties shall enter negotiations to replace the affected provision.

10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee’s expense. When such program has been successfully completed, the Contractor shall not discriminate in any way against the employee. If work for which the employee is qualified exists, he/she may be reinstated.

11. The Contractor agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law. Such records shall not be released to any persons or entities other than designated Contractor representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a written release by the employee, and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion.

12. Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled in substance abuse programs will be subject to all Contractor rules, regulations, and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness.

13. The Contractor shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Policy.

14. This Policy shall constitute the only Policy in effect between the Parties concerning drug and alcohol abuse, prevention, and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between the Parties.

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City of Garden Grove 46 Community Workforce Agreement

SPECIMEN REPORTING CRITERIA
Initial Test Analyte Initial Test Cutoff 1
Confirmatory Test
Analyte
Confirmatory Test Cutoff
Concentration
Marijuana metabolites
(THCA)2
50 ng/ml 3 THCA 15 ng/ml
Cocaine metabolite
(Benzoylecgonine)
150 ng/ml 3 Benzoylecgonine 100 ng/ml
Codeine/
Morphine
2000 ng/ml Codeine Morphine 2000 ng/ml
2000 ng/ml
Hydrocodone/
Hydromorphone
300 ng/ml Hydrocodone
Hydromorphone
100 ng/ml
100 ng/ml
Alcohol 0.02% Ethanol 0.02%
Oxycodone/
Oxymorphone
100 ng/ml Oxycodone
Oxymorphone
100 ng/ml
100 ng/ml
6-Acetylmorphine 10 ng/ml 6-Acetylmorphine 10 ng/ml
Phencyclidine 25 ng/ml Phencyclidine 25 ng/ml
Amphetamine/
Methamphetamine
500 ng/ml Amphetamine
Methamphetamine
250 ng/ml
250 ng/ml
MDMA4/MDA5 500 ng/ml MDMA
MDA
250 ng/ml
250 ng/ml
Initial Test Analyte Initial Test Cutoff Confirmatory Test Analyte
Confirmatory Test Cutoff
Concentration
Barbiturates 300 ng/ml Barbiturates 200 ng/ml
Benzodiazepines 300 ng/ml Benzodiazepines 300 ng/ml
Methadone6 300 ng/ml Methadone 100 ng/ml
Methaqualone 300 ng/ml Methaqualone 300 ng/ml
Propoxyphene 300 ng/ml Propoxyphene 100 ng/ml

1 For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test cutoff):

Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte.

The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater; if not, separate immunoassays must be used for the analytes within the group.

Alternate technology: E ither one analyte or all analytes from the group must be used for calibration, depending on the technology. At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory's validated limit of quantification) must be equal to or greater than the initial test cutoff. 2 An immunoassay must be calibrated with the target analyte, 9-tetrahydrocannabinoJ-9- carboxylic acid (THCA). 3 Alternate technology (THCA and benzoylecgonine): The confirmatory test cutoff must be used for an alternate technology initial test that is specific for the target analyte (i.e., 15 ng/ml for THCA, 100 ng/ ml for benzoylecgonine).
4 Methylenedioxymethamphetamine (MDMA)
5 Methylenedioxyamphetamine (MDA)
6 Employees with a prescription for methadone who are using the medication as prescribed, and are not impaired and can safely perform their work, will not be considered to have violated this Policy. 105

City of Garden Grove 47 Community Workforce Agreement

MEMORANDUM OF UNDERSTANDING REGARDING
“QUICK” DRUG SCREENING TESTS

It is hereby agreed between the Parties hereto that a Contractor who has otherwise properly implemented drug and alcohol testing, as set forth in the Policy, shall have the right to offer an applicant or employee a "quick" drug screening test. This “quick” screen test shall consist either of the “ICUP” urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two “quick” screen tests, or to reject both and request a full drug test.

An applicant or employee who selects one of the "quick" screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or who rejects the "quick" screen tests, shall be tested pursuant to the procedures set forth in the Policy. The sample used for the "quick" screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Policy as a result of any occurrence related to the “quick” screen test.

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City of Garden Grove 48 Community Workforce Agreement

ATTACHEMENT F

PROJECT LIST

Harbor/Garden Intersection Improvement
2025 Arterial Street Rehabilitation Projects
Residential Overlay Program
2026 Arterial Street Rehabilitation Projects
Arterial Rehabilitation Program
Residential Overlay Program
Concrete Replacement Program
Concrete Replacement Capital
2025 Residential Street Rehabilitation Project
Lampson Ave Storm Drain Improvements
Intersection Safety Improvements
Woodbury Park Expansion and Renovation
Park Master Plan Improvements
Light Pole Replacement
Replace Park Irrigation Systems
Pickleball Courts
St. Anselm Affordable Housing Project
HOME Affordable Housing Development
HOME PI Affordable Housing Development
FY2025/2026 Facility Capital Replacements
Garden Grove Main Library Path of Travel Project
City Facility Beautification
Water Main Replacement
Sewer Main Improvements

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Item 456/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Niki Wetzel
Dept:

City Manager Dept: Community Development
Date: 12/9/2025

Subject: Approval of an Agreement with Civos, Inc. for the development of additional software modules for VivaCivic, including Code Enforcement Module, Planning Module, and potential future modules for VivaCivic. (Cost: $245,000) (Action Item)

OBJECTIVE
For the City Council to approve Agreement with Civos Inc. (Civos) for the development of additional software modules for VivaCivic, including but not limited to the Code Enforcement Module, Planning Module, and potential future modules.

BACKGROUND
In 2023, the Community Development Department (CDD) transitioned its permitting operations to VivaCivic, also known as GGReady, a permitting and plan review management platform provided by Civos. The system enables applicants to submit commercial, residential, and engineering permit requests, initiate plan reviews, and schedule inspections. VivaCivic now serves as a core component of CDD’s permitting infrastructure and supports the department’s end-to-end workflow. On average, the platform receives approximate ly 750 applications and 225 plan submissions, and issues roughly 600 permits per month.

At present, the Planning Services Division and Code Enforcement Division utilize two separate, internally developed systems to manage project tracking, entitlement proc essing, code enforcement cases, and reporting functions. Given growing operational demands and the need for modern, scalable software solutions, the Information Technology Department (IT) has recommended that CDD evaluate third -party platforms capable of s upporting planning and code enforcement functions and replacing the existing in-house systems.

CDD originally anticipated purchasing Code Enforcement software from a provider other than Civos. However, upon further review, the department evaluated the bene fits of integrating Code Enforcement activities into VivaCivic rather than using separate software. It was determined that incorporating a Code Enforcement module into VivaCivic would reduce administrative tasks, decrease the potential for data loss, and m inimize the need for troubleshooting.
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Item 456/2025

DISCUSSION
Staff currently utilizes VivaCivic, the permitting and plan check software provided by Civos, to carry out daily operational functions. VivaCivic allows the customers to apply for a variety of building permi ts,submit construction plans for review , and schedule inspections . On average, the system receives approximately 750 applications and 225 plan submissions each month, and roughly 600 permits are issued during the same period. In addition, VivaCivic allows customers to schedule inspections for their projects. The majority of Building and Safety’s core functions are supported through this platform.

The use of separate, in -house software systems for Code Enforcement and Planning has resulted in an increased ad ministrative workload. Staff must manually transfer information from these systems into VivaCivic to maintain data consistency.

The current Code Enforcement system also creates repetitive administrative tasks. For example, staff must manually flag properti es in VivaCivic when an associated code enforcement case exists. With VivaCivic’s Code Enforcement module, these administrative tasks would be significantly reduced, as properties with active cases could be automatically flagged within the unified system.

Similarly, the existing Planning software requires updates and upgrades to support current operational needs. VivaCivic offers an integrated Planning module that enhances reporting capabilities and project tracking. Integration would streamline workflow transitions, as many projects begin with Planning reviews or entitlements before progressing to permitting and plan check. With an integrated system, projects would no longer need to be transferred between separate platforms.

Although VivaCivic is not the on ly vendor capable of providing these services, the City has invested substantial time and resources customizing existing modules and developing an effective working relationship with the Viva team. Transitioning to a new vendor would require significant redevelopment, additional troubleshooting, and higher costs. To date, VivaCivic has consistently delivered high-quality customization features on schedule and within budget, while maintaining clear and reliable communication with Building and Safety staff. T he Information Technology and Finance Departments have also been actively engaged with the vendor to ensure compliance with all security and technical requirements.

Based on this evaluation, staff has determined that continuing with VivaCivic is in the best interest of the City. Accordingly, staff recommends requesting City Council approval to dispense with competitive bidding pursuant to the Garden Grove Municipal Code Section G .

Implementing a unified platform to support Building, Safety, Planning, and Code Enforcement functions will increase staff efficiency, reduce administrative burden, and enhance the customer experience by allowing users to track all project activities within a single, cohesive system.

FINANCIAL IMPACT
The cost of the contract with Civos Inc. for the development of additional software modules for VivaCivic is estimated to be $245,000. This amount is included in the Community 109
Item 456/2025

Development Department’s adopted Fiscal Year 2025 -26 operating budget. No additional appropriation is required to award this contract.

RECOMMENDATION

It is recommended that the City Council:
 Authorize the request to dispense of the bidding process in the best interest of the City pursuant to Garden Grove Municipal Code 2.50.060(G);

 Approve the Agreement with Civos Inc. in the amount of $249,000 for the development of additional software modules for VivaCivic, including a Code Enforcement Module, Planning Module, and potential future modules for VivaCivic; and

 Authorize the City Manager, or desi gnee, to execute the Agreement or any Amendments with Civos, Inc. and make minor modifications as appropriate thereto, on behalf of the City.

By: Kenneth Le, Administrative Analyst

ATTACHMENT(S)

1. Draft Agreement

2. Scope of Work and Cost Breakdown

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1 PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made this day of , 2025, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and Civos, 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 Resolution No. 9212-14 (January 28, 2014).

2. CITY desires to utilize the services of CONTRACTOR to provide the installation, implementation, and full data conversion of Code Enforcement module , Planning module, and future departmental module such as but not limited to Business Tax and Engineering to “Viva Civic”

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

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term and Termination The term of the agreement shall be for period of project implementation.

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 the Scope of Work, which is attached as Exhibit “A”, and is hereby incorporated by reference.

2. Services to be Provided. The services to be performed by CONTRACTOR shall consist the services as further specified in CONTRACTOR’S description of service attached hereto Exhibit “A”. CONTRACTOR agrees that its provision of services under this agreement shall be within accepted accordance with customary and usual practices in CONTRACTOR’s profession.

3. Compensation. CONTRACTOR shall be compensated as follows:

3.1 AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of Two hundred Forty-Five thousand and 00/100 cents ($ 245,000.00), payable in arrears and in accordance with proposal in Exhibit/Attachment “A”.
111
2 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 payme nt shall be based on schedule in cluded in Proposal (Attachment B).

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 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 th e 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.

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 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
112
3 companies must be acceptable to 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 $1,000,000.

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 omission s 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, 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 en dorsement 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, its officers, officials, employees, agents, and volunteer s. 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.

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4 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 for 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.

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 st andards, 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 w ork 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. Address of CONTRACTOR is as follows:

Civos, Inc.
714 East Micheltorena Street
Santa Barabara, CA 93103

b. Address of CITY is as follows:

Department of Community Development
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Attn: Kenneth Le

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.

114
5 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 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 an d 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 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 indemnify, defend, and hold harmless CITY, and its officers, officials, employees, and agents, but only to the extent any claim, liability, damage, loss, or expense (including reasonable attorneys’ fees) is caused by the negligent acts, errors, omissions, or willful misconduct of CONTRACTOR, its employees, agents, or subcontractors in the performance of services under this Agreement.

This indemnity shall not apply to the extent any claim or liability arises from the negligence, recklessness, or wrongful conduct of the CITY, its officers, officials, employees, or agents.
115
6 The obligations set forth in this section shall survive the termination or expiration of this Agreement, but shall be limited to claims arising directly from services performed by CONTRACTOR during the term of the Agreement.

Under no circumstances shall CONTRACTOR be required to defend or indemnify CITY for claims not directly attributable to CONTRACTOR’s work or within CONTRACTOR’s control.

17. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council f or 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.

18. 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 CONSULTANT.

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

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

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

22. Preservation of Agreement . Should any provision of thi s 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)
116
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"
Civos, 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
117
From : Massoud Abolhoda <[email protected]>
Subject : Requested Information and Optional Add-Ons
To : Alana Cheng <[email protected]>
Cc : David Dent <[email protected]>, Kenneth Le
<[email protected]>
Zimbra [email protected]
Requested Information and Optional Add-Ons
Wed, Oct 15, 2025 09:13 AM
1 attachment
Hi Alana,
Thank you for your help with the project — below is the additional information you requested.

Additional Scope of Work – Code Enforcement
Integration with Business Licensing and Water Account – $11,000 Adding Today Inspection and Today Case to homepage – $4,500 Adding four additional templates – $4,800
Miscellaneous change order allowance – $5,000
Total: $25,000
Planning Module
Attached is the scope of work I previously shared with David for the Planning Module.

One-time cost: $95,000
Annual fee: I noticed I misquoted the annual fee for the Planning Module when I texted David yesterday, stating it as $25K. The correct annual fee is $45K, as mentioned in my email to him on August 25. However, if that creates an issue, we can reduce the annual fee somewhat to help keep the project on track.

Optional Business Licensing Module
Scope of Work – Business License Module
The Business License Module provides a comprehensive online solution for managing licensing activities, including application intake, review, approval, and renewal.

Included Features:

Unlimited Users – No restriction on the number of staff or citizen users.

Citizen Access Portal – Public-facing interface for online submission, tracking, and renewal.

Auto-Renewal – Automated renewal notifications and processing.

Two Separate Application Types – Each with its own forms and requirements. 11/21/25, 9:33 AM Zimbra
https://zimbra.ggcity.org/h/printmessage?id=93034&tz=America/Los_Angeles&xim=1 1/2 Exhibit "A"118
Two Workflow Models – Configurable to match different approval processes.

Three Distinct Reports – Covering license activity, revenue, and performance metrics.

Hosting on Amazon Web Services (AWS) – Secure, scalable, and reliable.

Support provided under the existing SLA for the Building Module.

Cost:

One-time setup: $25,000
Optional Integration with Finance Software: $9,000 one-time Annual Fee:

No recurring annual cost
$35 convenience fee per issuance or renewal
Engineering Module Separation
David mentioned the possibility of separating Engineering from Building.

If Engineering remains unchanged (data migration only), the estimate is 80–100 hours for setup, migration, and cleanup — $12,000–$15,000.

If Engineering includes citizen access, we’ll need to deploy Single Sign-On (SSO) for both staff and citizens, adding roughly 140 hours — $21,000 total.

Please note that we’re applying a reduced hourly rate of $150/hour (our standard programming rate is $200/hour).

I hope this provides the information you were looking for.

Best regards,
Massoud Abolhoda
Civos, Inc.
www.vivacivic.com
Cell: 510-549-9229
Phone: 805-450-6605
Planning Scope of Work 6 4 .docx
22 KB
11/21/25, 9:33 AM Zimbra
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Scope of Work for Garden Grove
Code Enforcement Software Solution
Civos proposes the Viva Civic Code Enforcement Module as a comprehensive, flexible platform designed to modernize and streamline enforcement operations for the City of Garden Grove. This module will serve as a fully integrated case management system, connecting with the related Building and Engineering module, while focusing exclusively on internal workflows as depicted in the attached workflow.

1. Internal Complaint Intake and Routing
• City staff can initiate and manage complaints directly in the system based on predefined workflows.
• Staff can enter multiple complaint types per case, select from City-defined violation lists, and route cases to the appropriate staff for review.
• Notifications are sent to assigned staff upon case creation or routing.

2. Case Management, Workflow Automation and Dashboard
• Assigned staff will see their active/open cases in personalized dashboards and filtered work queues.
• Each case supports unlimited violation types.
• Staff can:
o View and update case status
o Attach photos, documents, and notes
o Track all changes with audit trails and time-stamped logs • Case progression follows the internal workflow described in the attached Code Enforcement Workflow document.
• Role-based access control ensures that users see only what they are authorized to view or edit.
• Automatic case assignment to the Code-Enforcement Officer based on GIS zone.

3. Mobile Field Operations
• Code Enforcement Officers can access the system via internet remotely using mobile devices:
120
o View cases in the field using mobile devices
o Upload photos
o Enter inspection outcomes

• Ability to take a photo and attach it to the case.
• Officers will have a dedicated Inspections Dashboard that includes a calendar view, shows today’s scheduled inspections, lists past inspections, and displays upcoming inspections.
• A map view of the day’s inspections is provided to support field navigation and planning.

4. Violation and Notice Management
• Support for:
o Multiple violations per case.
o Repeat violation tracking.
o Customizable violation letters (e.g., abatement, citations), up to 3 templates, with support for text and attached photos.
• Email notifications are sent to staff at defined workflow milestones. • Case records may be linked to parcels and used across permitting, inspection, and licensing modules.

5. Integrations and Property Context
• ESRI GIS integration allows for property validation, location-based workflows, and address-based filtering.

GIS Feature:
o Ability to draw a pin or draw a shape to define location. o Presenting Code Enforcement cases on GIS map.
o Presenting GIS information on project overview page.

• Integration with the City Portal System for accepting complaints. • Integration with Building and Engineering module.
• Integration with the City finance system (scope to be defined, Viva Civic has the ability to generate and process payments).

6. Reporting and Analytics
• Create 7 reports based on:
121
o Violation type, status, or department
o Case closure rates and staff workload
• Viva Civic comes with a built-in ad-hoc report writing feature.

7. Data Migration, Configuration, and Support
• Data migration from legacy platforms.
• Civos provides implementation, onboarding, and training services. • Ongoing support is provided Monday through Friday, 7:00 AM to 5:00 PM PT, with escalation support available as needed.

8. Special Features
a. A comprehensive dashboard on the home page showing project in different statuses.
b. Ability to set a compliance schedule, by when to obtain a permit and by when to complete construction.
c. Ability to put a project into a dormant phase.
d. Project History Timeline (Histogram).
e. Built-in communication between staff.
f. Full audit log.
g. Integrated Document Management System with version history. h. Data Export Tools.
i. Calendar for daily inspection slots.

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Scope of Work – Viva Civic Planning Module

1. Application Intake & Customer Interface
Features:
• Customized Application Forms by Project Type
Support for tailored application forms, allowing definition of required attachments based on project type. (3 total)

• Mandatory Document Uploads (NEW)
Customers are prompted to upload all required documentation before submission. • Address & Parcel Verification
Auto-validates project location using City GIS and parcel data. • Guided Submission Interface
Step-by-step entry with clearly labeled required and optional fields, using dropdowns, calendars, radio buttons, and autofill to improve accuracy. • Customer Portal Integration
Enables applicants to manage all planning projects in one place—track status, receive communications, pay fees, and schedule public hearing appearances.

2. Internal Planning Staff Tools
Features:
• Configurable Review Workflows
Supports multi-stage workflow for review projects with iterative review and public comment periods.
• Multi-Agency Coordination
Routes cases to relevant internal and external agencies for concurrent or sequential review.
• Comprehensive Review Dashboards
Includes:
o Overall department dashboard for tracking case progress and next steps o Staff-specific dashboards with assigned workloads by review stage (NEW) o Optional: Adding staff-specific metrics to the dashboard • Granular Permissions
Access restricted by user role and department.
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• Optional Add-On: Bluebeam Integration (NEW)
Direct markup and review of Bluebeam files from within Viva Civic—no need to download/upload.
• Task Assignment & Routing
Auto-assigns planning cases by project type and GIS zone. • Automated Notice Generation (up to 6 various notices) Auto-generates required notices for applicants or public meetings. • Conditions of Approval Management (NEW)
Collects and compiles review comments into a unified list, distinguishing between corrections and enforceable conditions.
• Attachment Tagging (NEW)
Allows tagging and categorization of uploaded files for easy retrieval. • Internal & External Messaging
Secure messaging with document attachments between staff, departments, and applicants. • Support for Tracking Studies
The system also includes support for tracking and managing Studies as a distinct sub- project type, with document handling and reporting.

3. System Integrations
Features:
• Building Module Integration
Automatically passes conditions of approval from planning to building for working drawing review.
• Code Enforcement Integration
Flags parcels with active code enforcement cases during planning intake. • Payment & Finance System Integration
Connects with City payment gateways and financial systems for streamlined invoicing and reconciliation.

4. GIS Integration
Features:
• Map-Based Application Start
Initiate planning requests by selecting parcels, drawing boundaries, or dropping pins on the map.
• Live Parcel Data Display
Real-time overlay of zoning, ownership, flood zones, and overlays from ESRI-based systems.
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• Permit Overlay Visualization
View related planning cases and permit activity directly on zoning layers.

5. Scheduling & Calendar Management
Features:
• Hearing Scheduling & Calendar Sync
Schedule Planning Commission, Zoning Board, and public hearings using integrated calendars.
• Deadline Alerts & Notifications
Sends automatic reminders for upcoming hearings, missing documents, and resubmittal deadlines.
• Built-in Hearing Assistant
Intelligent task assistant for staff preparing hearing items, ensuring key steps are completed before agenda deadlines.

6. Document & Plan Management
Features:
• Integrated Document Storage
Organizes files by planning phase and review cycle.
• Retention Rules
Configure specific retention timelines for various document types. • Unlimited Uploads with Versioning & Tagging
Supports clear naming, tagging, and version tracking (e.g., “Concept Plan v2”).

7. Reports, Dashboards & KPIs
Features:
• Performance Analytics
Tracks time-to-approval, number of active cases, staff workload, and processing bottlenecks.
• Custom Reports (all existing report)
Plus Ad-hoc report builder with filters by project type, geographic area, and more.

125
• Real-Time Dashboards
Visual dashboards provide quick access to pending reviews, hearing schedules, workload summaries, and operational KPIs.

8. Workflow Automation
Features:
• Planning Case Lifecycle Automation
Automates all stages from intake through final approval, including status transitions, notifications, and task reminders.
• Smart Routing & Exception Handling
Supports re-review cycles, escalation paths, and conditional routing based on project attributes or timing constraints.

9. Compliance, Notifications & Audit Trail
Features:
• Comprehensive Audit Logs
Tracks all actions on each case for transparency, security, and internal reviews. • Automated Email Notifications
Notifies staff, reviewers, and applicants of case updates, hearings, deadlines, and status changes.
• Communication Logs
Stores all internal and public-facing messages related to each project for full accountability.

10. Granular Security & Role-Based Access
Features:
• Permission-Based Controls
Access to projects, forms, tools, and data is configured based on roles, teams, and jurisdictional assignments.
• Data Privacy & Access Compliance
Ensures that sensitive documents and internal deliberations are only accessible to authorized personnel.
126
Scope of Work & Cost Proposal
City of Garden Grove
Single Sign-on (SSO) across modules & OAuth2 for Water Billing API

This Scope of Work describes the implementation of staff Single Sign On (SSO) using OpenID Connect for the City’s Code Enforcement and Building Permitting modules, and the implementation of an OAuth2 based authentication layer for the City’s Water Billing API. The work is limited to authentication and related configuration. It does not include changes to citizen facing authentication, cha nges to the City’s business processes, or changes to Water Billing API functionality beyond its authentication layer.

To meet the City’s request for a focused initial scope and lower ongoing costs, this Scope of Work uses a paid support model rather than a fixed annual maintenance fee.

Under this model, Viva Civic will implement the functionality described below and will provide ongoing assistance for configuration changes, troubleshooting, testing and related activities as paid support, billed in 30-minute increments, as described in section 3.

1. Staff SSO via OpenID Connect (estimated time 40 hrs.) Enable staff SSO for the Code Enforcement and Building Permitting modules using the City’s OIDC compliant identity provider, while keeping citizen facing portals on the existing email and password authentication and keeping Viva Civic as the system of record for roles and permissions.

Viva Civic will:
 Implement OpenID Connect (Authorization Code Flow) for staff logins for Code Enforcement and Building Permitting, using the City’s OIDC compliant identity provider and Viva Civic’s existing authentication foundation.  Rely on the City’s OIDC-compliant identity provider’s standard OIDC discovery and JWKS endpoints for certificate and signing key rotation, so norm al key rotations published via these endpoints are intended to be automatic and are not expected to require changes to Viva Civic’s SSO configuration.  Limit SSO to internal staff accounts so that citizen facing portals continue to use the existing email and password authentication.
127
 Restrict the scope to authentication only, without automated user provisioning or de provisioning, SCIM, or synchronization of groups or roles from the City’s identity provider.
 Maintain roles and permissions within Viva Civic as the system of record for access control, with no changes to the existing authorization model.  Link staff SSO accounts to existing Viva Civic staff user records by matching email address on first login, without introducing an additional administrative interface for SSO link management.
 Address any remediation of mis linked or obsolete staff accounts, and any subsequent OIDC related adjustments, through billable support requests initiated by the City.
 Configure, validate and deploy the OIDC integration in the Production environment.

This SSO implementation is based on the City’s current OIDC -compliant identity provider and its standard OIDC behavior. Because providers can differ in how they implement OIDC, the scope of this work is tied to the provider as c onfigured during this project. If the City later replaces the provider or makes fundamental changes, any related work would be out of scope and would need to be reviewed and scoped separately.

2. Water Billing API OAuth2 Authentication (estimated time 40 hrs.)
Introduce an OAuth2 based authentication layer for the Water Billing API so that calls made from Viva Civic use access tokens obtained at staff sign in and each request can be attributed to the staff user who initiated it.

Viva Civic will:
 Implement a new OAuth2 based authentication layer for the Water Billing API, integrating with the City’s OIDC compliant identity provider.  Use the OIDC sign in to obtain OAuth2 access tokens for the authenticated staff member and send those tokens with Water Billing API requests, following an on behalf of pattern.
 Add the necessary logic to request, receive and securely handle OAuth2 access and refresh tokens using Viva Civic’s existing authentication foundation.  Attach OAuth2 tokens to outbound Water Billing API cal ls made by the Viva Civic application so each request can be attributed to the initiating staff user.  Limit this scope strictly to the OAuth2 authentication layer for the Water Billing API, with other API functionality to be scoped separately if needed. 128
 Configure, test and deploy the OAuth2 integration in the Production environment.

This work is limited to implementing the OAuth2 authentication layer that Viva Civic will use when the City’s Water Billing API is implemented. It assumes that the future Water Billing API will accept OAuth2 bearer tokens issued by the City’s OIDC - compliant identity provider for this purpose. Design or development of the Water Billing API itself, or changes to its business logic, are out of scope.

3. Support and Maintenance
Ongoing SSO, OIDC and OAuth2 support, including Water Billing API authentication, is provided as paid support billed in 30-minute increments. This reflects the City’s request to keep the initial scope and price lower in place of a fixed annual maintenance fee.

Viva Civic will provide support for the following activities:
 Login and authentication issues via SSO or OAuth2, including cases where staff are unable to sign in, SSO errors occur, token errors arise, or Water Billing API access issues are encountered.
 Issues with manually provisioned user accounts in Viva Civic that are caused by or linked to SSO or OIDC.
 Configuration changes on Viva Civic’s side, including client IDs, secrets, redirect URLs, scopes, environment settings and Water Billing API OAuth2 configuration.
 Investigation and debugging of SSO, OIDC and OAuth2 related errors, including Water Billing API authentication errors, log analysis and coordination with the City’s IT team, when requested by the City.
 Testing and verification that is specific to the City’s implementation of SSO, OIDC and OAuth2.
 Work required due to changes on the City’s SSO or identity provider that affect SSO, OIDC or Water Billing API OAuth2 authentication, such as configuration or policy changes.
 SSO, OIDC and OAuth2 related documentation or training requested by the City, including materials or sessions specific to SSO and Water Billing API authentication, provided as paid support.

129

Cost Proposal
Cost Proposal for the Scope of Work Outlined Above:
1) The total cost to complete Tasks 1 and 2 (Staff SSO via OpenID Connect and Water Billing API OAuth2 Authentication) is $12,000.

2) Ongoing support for SSO, OIDC, and OAuth2—including Water Billing API authentication—will be provided on an hourly basis and billed in 30-minute increments. Support efforts anticipated to exceed one hour must first receive approval from the City. The hourly rate for support services is $200 per hour.

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Item 341/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Anand Rao
Dept:

City Manager Dept: Information Technology
Date: 12/9/2025

Subject: Award a contract to Portola Systems, Inc. to provide a virtualization solution. (Cost: $248,266.79)(Action Item)

OBJECTIVE

For the City Council to award a contract to Portola Systems, Inc. in the amount of $248,226.79 to provide a virtualization solution.

BACKGROUND

Most of the City's existing server infrastructure is hosted in a VMWare virtualized environment that is six years old. The equipment is outdated and the cost of extending the software licenses has increased significantly. The City seeks to find a replaceme nt for our existing platform that will meet our needs and reduce cost of ownership.

DISCUSSION

A Request for Proposal “RFP S-1378” was advertised on August 4, 2025 for a comprehensive virtualization solution. The requirements for this RFP are to include hardware, software and supporting services. On September 16, 2025, six proposals were received that met the RFP requirements.

A panel of three staff members evaluated the RFP proposals based on criteria of: Quality and Completeness of Proposed Solution (40 points), Proposer Qualifications and Experience (20), Project Cost (30), and Completeness of Response (10). Portola systems, Inc. provided a solution that best met all the City’s requirements.

131
Item 341/2025

The final proposal scores are as follows:

1.1. RFP S-1378 Virtualization Solution
Vendor Score
Portola Systems, Inc 287
Netsync Network Solutions 231
CPACinc.com 221
Formula Consultants Incorporated - Lenovo Option 180
Formula Consultants Incorporated - HPE Option 162
VSI Technologies 125

FINANCIAL IMPACT

The cost of the contract with Portola Systems, Inc. to provide a virtualization solution is $248,226. Funding is available in the Information Technology Department’s adopted Fiscal Year 2025-26 operating budget, and no additional appropriation is required to award the contract.

RECOMMENDATION

It is recommended that the City Council:
● Award a three (3) year contract to Portola Systems, Inc. in the amount of $248,226.79;
● Authorize the City Manager , or designee(s), to execute the agreement and make minor amendments or modifications as necessary on behalf of the City; and
● Authorize the City Manager, or designee(s) to execute future amendments to the contract, including the authorization to enter into option years, provided sufficient funds are available.

ATTACHMENT(S)

1. Portola Systems, Inc. Proposal Pricing Form

2. Bid Tabulation

3. Agreement

132
RFP S-1378
Attachment “B”
Proposal Pricing Form

BEST AND FINAL OFFER
Provide a Virtualization Solution
Description-Base Bid Items (OPTION ONE) 3-year pricing 5-year pricing Startup and 1st year costs
Notes: Includes Professional services
(line item 16 & 18)
$ $
Annual fixed costs (maintenance, subscription,
support)
Notes: Includes tax & freight. Total amount divided
by 3 & 5. Pricing only valid if 3yr or 5yr is purchased. $ $
Total Cost $ $
Description-Base Bid Items (OPTION 2) 3 year Pricing Option year 4 Option year 5 Startup and 1st year costs
Notes:
$ $ $
Annual fixed costs (maintenance,
subscription, support)
Notes:
$ $ $
Total Cost $ $ $
Able to support approximately one-third (33.3%) of the workload on the base system at a separate location.

Description-DR Cluster Pricing (Optional) 3-year
pricing
5-year
pricing
Startup and 1st year costs Notes: Includes
Professional services (line item 13)
$ $
Annual fixed costs (maintenance, subscription,
support)
Notes: Includes tax & freight. Total amount divided by
3 & 5. Pricing only valid if 3yr or 5yr is purchased.
$ $
Total Cost $ $
15,351.84
77,624.98/yr
248,226.79
15,351.84
59,725.98/yr
313,981.76
8,042.07
28,060.38/yr
92,223.20
8,042.07
21,737.33/yr
116,728.70
Docusign Envelope ID: AA43184E-378B-4486-8E38-521152F9B0E5 133
RFP S-1378
Attachment “B”
Proposal Pricing Form

BEST AND FINAL OFFER
Provide a Virtualization Solution
Minimal GPU support for AI/ML or transcoding workloads.

Description-GPU Support Pricing (Optional) 3-year pricing 5-year pricing Startup and 1st year costs
Notes:
$ $
Annual fixed costs (maintenance, subscription,
support)
Notes:
$ $
Total Cost $ $
Support for integration and migration of workloads across the proposed on premise infrastructure and cloud environments.

Description-Hybrid Cloud Support Pricing
(Optional)
3-year pricing 5-year pricing
Startup and 1st year costs
Notes:
$ $
Annual fixed costs (maintenance, subscription,
support)
Notes:
$ $
Total Cost $ $
NOTE: Pricing Option for both the Three (3) AND the Five (5) Year Options must be included in the proposal pricing, for all Options listed , or the proposal will be deemed as non-responsive. Both pricing options must be inclusive of all costs associated with the project.

Pricing scores will be based on the Base Bid Items only.

All lines must be completed or the proposal may be deemed as non-responsive. Please do not alter this form in any way.

The City reserves the right to select the optional item(s) of its choice which may be based on available funds in the City’s current budget or that which best fits the City.

Docusign Envelope ID: AA43184E-378B-4486-8E38-521152F9B0E5 134
RFP S-1378
“ATTACHMENT B”

BEST AND FINAL OFFER

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.
are
and
is the
Check below where appropriate:

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

Individual: That Portola Systems, Inc.
bidder and makes the accompanying proposal.

COMPANY NAME: __Portola Systems, Inc._________________________ BIDDERS NAME:__Ryan Miller______________________________ EMAIL ADDRESS: [email protected]________________________ PHONE NUMBER: ____707-495-8878___________________________ ___

AUTHORIZED SIGNATURE DATE
Docusign Envelope ID: AA43184E-378B-4486-8E38-521152F9B0E5 10/16/2025
135

PORTOLA SYSTEMS INC
327 O'Hair Court, Suite B
Santa Rosa, CA 95407
Phone: 707-824-8800
T20250902.0025 - 3yr
Nutanix
Number: 16565
Date: 10/16/2025
Quote prepared for: Anand Rao
Bill To:

Anand Rao
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Phone: (714)741-5000
Email: [email protected]
Ship To:

Anand Rao
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Phone: (714)741-5000
Email: [email protected]
Item
#
Mfr. Part Description Price Qty. Extended
*1 SW-NCI-PRO-MC Subscription, Nutanix Cloud Infrastr ucture (NCI) Pro Software License & Mission Critical Software Support Service for 1 CPU Core Mfr: Nutanix
$ 454.46 192 $ 87,256.32
*2 Term-Months Term: 36 Months
Mfr: Nutanix
$ 0.00 1 $ 0.00
*3 S-HW-UPGRADE Hardware support for Upgrade part qua lified for NX-core platform Mfr: Nutanix
$ 132.59 1 $ 132.59
4 NX-3155-G9-6526Y-CM NX-3155-G9, 1 Node; 2x Intel Xe on-Gold 6526Y processor (2.8 GHz/ 16-core/ 195W, Emerald Rapids) per node
Mfr: Nutanix
$ 19,752.17 6 $ 118,513.02
5 C-MEM-64GB-5600-CM 64GB Memory Module (5600MHz DDR5 RDM) Mfr: Nutanix
$ 0.00 72 $ 0.00
6 C-HDD-18TB-EA-CM 18TB, 3.5" HDD
Mfr: Nutanix
$ 0.00 24 $ 0.00
7 C-NVM-7.68TB-B-CM 7.68 TB NVMe SSD
Mfr: Nutanix
$ 0.00 12 $ 0.00
8 C-HBA-3816-1N-A-CM 12Gb/s Gen4 HBA
Mfr: Nutanix
$ 0.00 6 $ 0.00
9 C-LOM-10G2D1BT-CM LOM Module: Broadcom 10GbE, 2-por t, Base-T NIC (BCM 57416) Mfr: Nutanix
$ 0.00 6 $ 0.00
10 C-NIC-25G2A2-CM Mellanox 25/10GbE, 2-port, NIC (CX 6 25GbE); transceiver not included Mfr: Nutanix
$ 0.00 12 $ 0.00
11 C-PWR-4FC13C14A-CM C13/C14, 10A, 4ft Power cord
Mfr: Nutanix
$ 0.00 12 $ 0.00
*12 S-HW-MCW 24/7 Mission Critical Level HW Support f or Nutanix HCI appliance Mfr: Nutanix
$ 1,904.71 6 $ 11,428.26
*13 Support-Term Support Term: 36 Months
Mfr: Nutanix
$ 0.00 1 $ 0.00
14 C-TPM-2.0-U-CM Hardware TPM 2.0 Module Unprovision ed Mfr: Nutanix
$ 68.79 6 $ 412.74
15 U-RAIL-1U-D-CM Upgrade, 1U Chassis, Short
Mfr: Nutanix
$ 172.57 6 $ 1,035.42
*16 CNS-INF-A-SVC-MIG-VMS Service, Virtual Machine Mi gration. Virtual to Virtual Migration of 3-tier VMs to Nutanix at a single site. 5-VM/2.5TB Pack.

Mfr: Nutanix
$ 5,513.58 1 $ 5,513.58
*17 AHV Nutanix AHV Hypervisor
Mfr: Nutanix
$ 0.00 1 $ 0.00
*18 CNS-INF-A-SVC-DEP-ONP-AHV Service, Infrastructure Deployment - On-Premises NCI Cluster - Nutanix AHV.

For each quantity purchased, deployment is limited to 1 node. A maximum of 64 nodes distributed in up to 4 on-premises NCI clusters of a single hypervisor type at a single physical site.

Mfr: Nutanix
$ 1,639.71 6 $ 9,838.26
*19 Platform Integration Platform Integration Fee
Mfr: Nutanix
$ 0.00 1 $ 0.00
19 item(s) Sub-Total $ 234,130.19
Tax @ 8.75% $ 10,496.60
Prepared by: Brooke Mincey Email: [email protected] Phone: 707-824-8800 Docusign Envelope ID: AA43184E-378B-4486-8E38-521152F9B0E5 136

PORTOLA SYSTEMS INC
327 O'Hair Court, Suite B
Santa Rosa, CA 95407
Phone: 707-824-8800
T20250902.0025 - 3yr
Nutanix
Number: 16565
Date: 10/16/2025
Quote prepared for: Anand Rao
Item
#
Mfr. Part Description Price Qty. Extended
Freight $ 3,600.00
Total $ 248,226.79
(*) Tax exempted Part(s)
Quote Valid Until: 01/31/2026
Payment Details
Shipping and Delivery Details
Pay by: Company PO
Payment Term: Due upon Receipt
Other Details
Shipping via: Delivery
Terms and Conditions
Freight/Shipping is not included unless otherwise noted.

Handling Fees not included unless otherwise noted.

Cancellation is subject to a 10% restocking fee.

Returns may be subject to additional fees and/or terms defined by manufacturer.

Late Fee Policy: Overdue balances will be charged interest rate at current prime rates + 1.5% per month or greater based on terms defined by manufacturer.

Upon approval, please submit signed quote and/or End User PO to [email protected] and include ticket number in the subject line.

Prepared by: Brooke Mincey Email: [email protected] Phone: 707-824-8800 Docusign Envelope ID: AA43184E-378B-4486-8E38-521152F9B0E5 137

PORTOLA SYSTEMS INC
327 O'Hair Court, Suite B
Santa Rosa, CA 95407
Phone: 707-824-8800
T20250902.0025 - 3yr DR
Cluster
Number: 16567
Date: 10/16/2025
Quote prepared for: Anand Rao
Bill To:

Anand Rao
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Phone: (714)741-5000
Email: [email protected]
Ship To:

Anand Rao
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Phone: (714)741-5000
Email: [email protected]
Item
#
Mfr. Part Description Price Qty. Extended
*1 SW-NCI-PRO-MC Subscription, Nutanix Cloud Infrastr ucture (NCI) Pro Software License & Mission Critical Software Support Service for 1 CPU Core Mfr: Nutanix
$ 454.46 72 $ 32,721.12
*2 Term-Months Term: 36 Months
Mfr: Nutanix
$ 0.00 1 $ 0.00
3 NX-1175S-G9-6542Y-CM NX-1175S-G9, 1 Node; 1x Intel Xeon-Gold 6542Y processor (2.9 GHz/ 24- core/ 250W, Emerald Rapids) per node
Mfr: Nutanix
$ 14,001.33 3 $ 42,003.99
4 C-MEM-64GB-5600-CM 64GB Memory Module (5600MHz DDR5 RDM) Mfr: Nutanix
$ 0.00 24 $ 0.00
5 C-HDD-12TB-BB-CM 12TB, 3.5" HDD
Mfr: Nutanix
$ 0.00 6 $ 0.00
6 C-NVM-7.68TB-B-CM 7.68 TB NVMe SSD
Mfr: Nutanix
$ 0.00 6 $ 0.00
7 C-HBA-3816-1N-C-CM 12Gb/s Gen4 HBA
Mfr: Nutanix
$ 0.00 3 $ 0.00
8 C-NIC-25G2A2-CM Mellanox 25/10GbE, 2-port, NIC (CX6 25GbE); transceiver not included Mfr: Nutanix
$ 0.00 6 $ 0.00
9 C-PWR-4FC13C14A-CM C13/C14, 10A, 4ft Power cord
Mfr: Nutanix
$ 0.00 6 $ 0.00
*10 S-HW-MCW 24/7 Mission Critical Level HW Support f or Nutanix HCI appliance Mfr: Nutanix
$ 1,352.08 3 $ 4,056.24
*11 Support-Term Support Term: 36 Months
Mfr: Nutanix
$ 0.00 1 $ 0.00
12 C-TPM-2.0-U-CM Hardware TPM 2.0 Module Unprovision ed Mfr: Nutanix
$ 68.79 3 $ 206.37
*13 CNS-INF-A-SVC-DEP-ONP-AHV Service, Infrastructure Deployment - On-Premises NCI Cluster - Nutanix AHV.

For each quantity purchased, deployment is limited to 1 node. A maximum of 64 nodes distributed in up to 4 on-premises NCI clusters of a single hypervisor type at a single physical site.

Mfr: Nutanix
$ 2,680.69 3 $ 8,042.07
*14 Platform Integration Platform Integration Fee
Mfr: Nutanix
$ 0.00 1 $ 0.00
14 item(s) Sub-Total $ 87,029.79
Tax @ 8.75% $ 3,693.41
Freight $ 1,500.00
Total $ 92,223.20
(*) Tax exempted Part(s)
Quote Valid Until: 10/31/2026
Payment Details
Shipping and Delivery Details
Pay by: Company PO
Payment Term: Due upon Receipt
Shipping via: Delivery
Prepared by: Brooke Mincey Email: [email protected] Phone: 707-824-8800 Docusign Envelope ID: AA43184E-378B-4486-8E38-521152F9B0E5 138

PORTOLA SYSTEMS INC
327 O'Hair Court, Suite B
Santa Rosa, CA 95407
Phone: 707-824-8800
T20250902.0025 - 3yr DR
Cluster
Number: 16567
Date: 10/16/2025
Quote prepared for: Anand Rao
Other Details
Terms and Conditions
Freight/Shipping is not included unless otherwise noted.

Handling Fees not included unless otherwise noted.

Cancellation is subject to a 10% restocking fee.

Returns may be subject to additional fees and/or terms defined by manufacturer.

Late Fee Policy: Overdue balances will be charged interest rate at current prime rates + 1.5% per month or greater based on terms defined by manufacturer.

Upon approval, please submit signed quote and/or End User PO to [email protected] and include ticket number in the subject line.

Prepared by: Brooke Mincey Email: [email protected] Phone: 707-824-8800 Docusign Envelope ID: AA43184E-378B-4486-8E38-521152F9B0E5 139

PORTOLA SYSTEMS INC
327 O'Hair Court, Suite B
Santa Rosa, CA 95407
Phone: 707-824-8800
T20250902.0025 - 5yr
Nutanix
Number: 16562
Date: 10/16/2025
Quote prepared for: Anand Rao
Bill To:

Anand Rao
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Phone: (714)741-5000
Email: [email protected]
Ship To:

Anand Rao
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Phone: (714)741-5000
Email: [email protected]
Item
#
Mfr. Part Description Price Qty. Extended
*1 SW-NCI-PRO-MC Subscription, Nutanix Cloud Infrastr ucture (NCI) Pro Software License & Mission Critical Software Support Service for 1 CPU Core Mfr: Nutanix
$ 757.34 192 $ 145,409.28
*2 Term-Months Term: 60 Months
Mfr: Nutanix
$ 0.00 1 $ 0.00
*3 S-HW-UPGRADE Hardware support for Upgrade part qua lified for NX-core platform Mfr: Nutanix
$ 132.59 1 $ 132.59
4 NX-3155-G9-6526Y-CM NX-3155-G9, 1 Node; 2x Intel Xe on-Gold 6526Y processor (2.8 GHz/ 16-core/ 195W, Emerald Rapids) per node
Mfr: Nutanix
$ 19,752.17 6 $ 118,513.02
5 C-MEM-64GB-5600-CM 64GB Memory Module (5600MHz DDR5 RDM) Mfr: Nutanix
$ 0.00 72 $ 0.00
6 C-HDD-18TB-EA-CM 18TB, 3.5" HDD
Mfr: Nutanix
$ 0.00 24 $ 0.00
7 C-NVM-7.68TB-B-CM 7.68 TB NVMe SSD
Mfr: Nutanix
$ 0.00 12 $ 0.00
8 C-HBA-3816-1N-A-CM 12Gb/s Gen4 HBA
Mfr: Nutanix
$ 0.00 6 $ 0.00
9 C-LOM-10G2D1BT-CM LOM Module: Broadcom 10GbE, 2-por t, Base-T NIC (BCM 57416) Mfr: Nutanix
$ 0.00 6 $ 0.00
10 C-NIC-25G2A2-CM Mellanox 25/10GbE, 2-port, NIC (CX 6 25GbE); transceiver not included Mfr: Nutanix
$ 0.00 12 $ 0.00
11 C-PWR-4FC13C14A-CM C13/C14, 10A, 4ft Power cord
Mfr: Nutanix
$ 0.00 12 $ 0.00
*12 S-HW-MCW 24/7 Mission Critical Level HW Support f or Nutanix HCI appliance Mfr: Nutanix
$ 3,171.69 6 $ 19,030.14
*13 Support-Term Support Term: 60 Months
Mfr: Nutanix
$ 0.00 1 $ 0.00
14 C-TPM-2.0-U-CM Hardware TPM 2.0 Module Unprovision ed Mfr: Nutanix
$ 68.79 6 $ 412.74
15 U-RAIL-1U-D-CM Upgrade, 1U Chassis, Short
Mfr: Nutanix
$ 172.59 6 $ 1,035.54
*16 CNS-INF-A-SVC-MIG-VMS Service, Virtual Machine Mi gration. Virtual to Virtual Migration of 3-tier VMs to Nutanix at a single site. 5-VM/2.5TB Pack.

Mfr: Nutanix
$ 5,513.58 1 $ 5,513.58
*17 AHV Nutanix AHV Hypervisor
Mfr: Nutanix
$ 0.00 1 $ 0.00
*18 CNS-INF-A-SVC-DEP-ONP-AHV Service, Infrastructure Deployment - On-Premises NCI Cluster - Nutanix AHV.

For each quantity purchased, deployment is limited to 1 node. A maximum of 64 nodes distributed in up to 4 on-premises NCI clusters of a single hypervisor type at a single physical site.

Mfr: Nutanix
$ 1,639.71 6 $ 9,838.26
*19 Platform Integration Platform Integration Fee
Mfr: Nutanix
$ 0.00 1 $ 0.00
19 item(s) Sub-Total $ 299,885.15
Tax @ 8.75% $ 10,496.61
Prepared by: Brooke Mincey Email: [email protected] Phone: 707-824-8800 Docusign Envelope ID: AA43184E-378B-4486-8E38-521152F9B0E5 140

PORTOLA SYSTEMS INC
327 O'Hair Court, Suite B
Santa Rosa, CA 95407
Phone: 707-824-8800
T20250902.0025 - 5yr
Nutanix
Number: 16562
Date: 10/16/2025
Quote prepared for: Anand Rao
Item
#
Mfr. Part Description Price Qty. Extended
Freight $ 3,600.00
Total $ 313,981.76
(*) Tax exempted Part(s)
Quote Valid Until: 10/31/2026
Payment Details
Shipping and Delivery Details
Pay by: Company PO
Payment Term: Due upon Receipt
Other Details
Shipping via: Delivery
Terms and Conditions
Freight/Shipping is not included unless otherwise noted.

Handling Fees not included unless otherwise noted.

Cancellation is subject to a 10% restocking fee.

Returns may be subject to additional fees and/or terms defined by manufacturer.

Late Fee Policy: Overdue balances will be charged interest rate at current prime rates + 1.5% per month or greater based on terms defined by manufacturer.

Upon approval, please submit signed quote and/or End User PO to [email protected] and include ticket number in the subject line.

Prepared by: Brooke Mincey Email: [email protected] Phone: 707-824-8800 Docusign Envelope ID: AA43184E-378B-4486-8E38-521152F9B0E5 141

PORTOLA SYSTEMS INC
327 O'Hair Court, Suite B
Santa Rosa, CA 95407
Phone: 707-824-8800
T20250902.0025 - 5yr DR
Cluster
Number: 16566
Date: 10/16/2025
Quote prepared for: Anand Rao
Bill To:

Anand Rao
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Phone: (714)741-5000
Email: [email protected]
Ship To:

Anand Rao
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Phone: (714)741-5000
Email: [email protected]
Item
#
Mfr. Part Description Price Qty. Extended
*1 SW-NCI-PRO-MC Subscription, Nutanix Cloud Infrastr ucture (NCI) Pro Software License & Mission Critical Software Support Service for 1 CPU Core Mfr: Nutanix
$ 757.34 72 $ 54,528.48
*2 Term-Months Term: 60 Months
Mfr: Nutanix
$ 0.00 1 $ 0.00
3 NX-1175S-G9-6542Y-CM NX-1175S-G9, 1 Node; 1x Intel Xeon-Gold 6542Y processor (2.9 GHz/ 24- core/ 250W, Emerald Rapids) per node
Mfr: Nutanix
$ 14,001.33 3 $ 42,003.99
4 C-MEM-64GB-5600-CM 64GB Memory Module (5600MHz DDR5 RDM) Mfr: Nutanix
$ 0.00 24 $ 0.00
5 C-HDD-12TB-BB-CM 12TB, 3.5" HDD
Mfr: Nutanix
$ 0.00 6 $ 0.00
6 C-NVM-7.68TB-B-CM 7.68 TB NVMe SSD
Mfr: Nutanix
$ 0.00 6 $ 0.00
7 C-HBA-3816-1N-C-CM 12Gb/s Gen4 HBA
Mfr: Nutanix
$ 0.00 3 $ 0.00
8 C-NIC-25G2A2-CM Mellanox 25/10GbE, 2-port, NIC (CX6 25GbE); transceiver not included Mfr: Nutanix
$ 0.00 6 $ 0.00
9 C-PWR-4FC13C14A-CM C13/C14, 10A, 4ft Power cord
Mfr: Nutanix
$ 0.00 6 $ 0.00
*10 S-HW-MCW 24/7 Mission Critical Level HW Support f or Nutanix HCI appliance Mfr: Nutanix
$ 2,251.46 3 $ 6,754.38
*11 Support-Term Support Term: 60 Months
Mfr: Nutanix
$ 0.00 1 $ 0.00
12 C-TPM-2.0-U-CM Hardware TPM 2.0 Module Unprovision ed Mfr: Nutanix
$ 68.79 3 $ 206.37
*13 CNS-INF-A-SVC-DEP-ONP-AHV Service, Infrastructure Deployment - On-Premises NCI Cluster - Nutanix AHV.

For each quantity purchased, deployment is limited to 1 node. A maximum of 64 nodes distributed in up to 4 on-premises NCI clusters of a single hypervisor type at a single physical site.

Mfr: Nutanix
$ 2,680.69 3 $ 8,042.07
*14 Platform Integration Platform Integration Fee
Mfr: Nutanix
$ 0.00 1 $ 0.00
14 item(s) Sub-Total $ 111,535.29
Tax @ 8.75% $ 3,693.41
Freight $ 1,500.00
Total $ 116,728.70
(*) Tax exempted Part(s)
Quote Valid Until: 10/31/2026
Payment Details
Shipping and Delivery Details
Pay by: Company PO
Payment Term: Due upon Receipt
Shipping via: Delivery
Prepared by: Brooke Mincey Email: [email protected] Phone: 707-824-8800 Docusign Envelope ID: AA43184E-378B-4486-8E38-521152F9B0E5 142

PORTOLA SYSTEMS INC
327 O'Hair Court, Suite B
Santa Rosa, CA 95407
Phone: 707-824-8800
T20250902.0025 - 5yr DR
Cluster
Number: 16566
Date: 10/16/2025
Quote prepared for: Anand Rao
Other Details
Terms and Conditions
Freight/Shipping is not included unless otherwise noted.

Handling Fees not included unless otherwise noted.

Cancellation is subject to a 10% restocking fee.

Returns may be subject to additional fees and/or terms defined by manufacturer.

Late Fee Policy: Overdue balances will be charged interest rate at current prime rates + 1.5% per month or greater based on terms defined by manufacturer.

Upon approval, please submit signed quote and/or End User PO to [email protected] and include ticket number in the subject line.

Prepared by: Brooke Mincey Email: [email protected] Phone: 707-824-8800 Docusign Envelope ID: AA43184E-378B-4486-8E38-521152F9B0E5 143
Portola
Systems,
Inc.

Netsync
Network
Solutions CPACinc.com
Formula
Consultants
Incorporated-
Lenovo Option
Formula
Consultants
Incorporated-
HPE Option VSI Technologies
287 231 221 180 162 125
RFP S-1378

VIRTUALIZATION SOLUTION

FINAL SCORES
144

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 Portola Systems, Inc., 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 AUTHORIZATION, DATED _____________________.

2. CITY desires to utilize the services of CONSULTANT to Provide a Virtualization Solution per the Scope of Work, Attachment A and RFP S-1378.

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

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term and Termination. The initial term of the agreement shall be a three year term from full execution of the agreement , with an option to extend said agreement an additional two (2) years. Option years shall be exercised one (1) year at a time, 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 proposal which is attached as Exhibit A and is hereby incorporated by reference. Contractor is required to present evidence to support performed work.

2. Services to be Provided. CONSULTANT shall Provide a Virtualization Solution per Attachment “A” . The Proposal is attached as Attachment “A”, and is incorporated herein by reference. The Proposal and th is Agreement do not guarantee any specific amount of work.

3. Compensation. CONSULTANT shall be compensated as follows:

3.1 AMOUNT: Total Compensation under this agreement shall not exceed the base bid amount (NTE) of Two Hundred Forty Eight Thousand Two Hundred Twenty Six Dollars and 79/100 ($248,226.79), for the first three years , payable in arrears and in accordance with proposal in Attachment “A”.

145

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, 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 re quired, and payment shall be based on schedule included in Proposal (Attachment A).

3.3 Records of Expenses. CONSULTANT shall keep complete and accurate records of payroll costs, travel and incidental expenses. 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. 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, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law provide Employers Liability in an amount not less than $1,000,000.

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

(a) Commercial general liability in an amount not less
than $1,000,000.00 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.

146
(b) Automobile liability, for all autos, in an amount not less than $ 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.

(c) Professional liability, which includes Cyber
Liability Coverage, in an amount not less than
$1,000,000. 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.

For any claims related to this Agreement, CONSULTANT’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 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 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.

147

7. Independent Contractor. It is agreed to that CONSULTANT 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. Disclosure of Documents . All documents or other information developed or received by CONSULTANT are confidential and shall not be disclosed without authorization by the CITY.

10. Ownership of Work Product. All documents or other information developed or received by CONSULTANT 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. 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. (CONSULTANT)
Portola Systems, Inc.

Attention: Ryan Miller, President
327 O’ Hair Court, Suite B
Santa Rosa, CA 95407

(mailing address)
b. (Address of City Purchasing) (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

13. CONSULTANT'S PROPOSAL . This Agreement shall inc lude CONSULTANT'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.
148

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 restricti ons of the work under this Agreement.

Should Consultant 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 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 reputati on 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. Except for the work to be performed by Nutanix, Inc., 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 subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall c reate 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 Agreement, the parties are formally bound.

19. Indemnification. To the fullest extent permitted by law, CONTRA CTOR 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 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 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 149
limitation upon the amount of indemnificatio n to be provided by the 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 agreements executed by the CITY and CONSULTANT.

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 in the central branch of the Orange County Superior Court.

23. 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.

\ \ \ \

(Agreement Signature Block on Next Page)
150
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: _______________________
"CONSULTANT"
Portola Systems, Inc.

By: ____________________________

Name: _________________________

Title: __________________________

Date: __________________________

Tax ID No. ______________________

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:

____________________________
Garden Grove City Attorney

________________________
Date

151
RFP No. S-1378
ATTACHMENT “A”

PROVIDE A VIRTUALIZATION SOLUTION

SCOPE OF SERVICES
(PAGE 1 of 4)
Proposal
The City seeks proposals for a comprehensive virtualization solution to replace our existing VMWare environment. The proposed solution must include hypervisor software, hardware, and storage infrastructure with complete migration services from our existing environment. All components require warranty, service, licensing, and support coverage until the contract’s termination date.

Our current VMware environment is over-provisioned and has more capacity than we need. The proposed solution should have 80% of our current capacity, which will better match our anticipated usage.

Hyper-converged infrastructure (HCI) solutions are preferred but will consider traditional 3-tier architectures.

The City is seeking proposals for both three (3) and five (5) yea r options. The City will determine which option best meets its needs.

Proposals should address all components as an integrated solution focused on delivering the best long-term value to the City.

Mandatory Zoom Pre-Proposal Meeting
All proposers must part icipate in a mandatory Zoom preproposal meeting.

Information on the mandatory Zoom meeting will be posted on the City’s Planet Bids portal, via an addendum, prior to the meeting date and time, to all prospective bidders. The Zoom meeting will be recorded a nd attendance for the entire duration of the meeting will be verified by the City since this is a mandatory meeting.

Current Environment
The following is a listing of our current technology environment:

1. VMWare Hypervisor
a. vSphere Client version 7.0.3.01900
b. Detailed virtual machine information available upon request

2. Cohesity On-Site Backup

3. Servers
a. 7 Cisco UCS C220 M5SX
b. Xeon Gold 5120 @ 2.20Ghz - 2 Sockets, 14 Cores
c. 384GB RAM

4. Virtual Servers
a. 90 VMs: 50 Windows, 40 Linux
b. 25 Database VMs

152
RFP No. S-1378
ATTACHMENT “A”

PROVIDE A VIRTUALIZATION SOLUTION

SCOPE OF SERVICES
(PAGE 2 of 4)

5. Nimble Storage
a. HF40 92TiB

6. Arista Switches

7. Elastic SIEM
Requirements

1. General
a. Three (3) year proposal must include three years of warranty, support and updates. Five (5) year proposal must include five years of warranty, support and updates.
b. Solution will avoid single points of failure
c. Two node failure tolerance. N+2
d. Solution should be sized at 80% of our current capacity:
i. No less than 300GB RAM
ii. No less than 73TB Storage
e. Must support RHEL and Windows VMs
f. Multi-factor authentication and role-based access control g. Strong isolation and reduced attack surface exposure to cyber threats h. Logging and auditing capabilities

2. Backups
a. The solution must be compatible with Cohesity for agentless backups or as a backup target

3. Hosts
a. Enterprise-grade multi -core x86 -64 server processors, such as Intel Xeon Scalable or AMD EPYC families.
b. High-performance ECC (Error -Correcting Code) memory, DDR4 or newer.
c. Support for virtualization features including VT-x/AMD-V, VT-d/IOMMU, and Secure Boot.
d. Compatibility with existing 10/25/40GbE infrastructure. e. Separate NICs for hypervisor, storage, and two or more LAN interfaces per node/host
f. HA Hardware

4. Storage
a. Redundant communication paths between eac h compute and storage node

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b. High availability and data protection mechanisms (RAID, erasure coding, etc.)

5. Migration
a. Proposal must include the migration of virtual hosts from our existing VMWare infrastructure to proposer's solution
Desirable Features

1. Change Block Tracking compatibility with Cohesity

2. We prefer a hyper-converged infrastructure

Optional Features
Proposers may optionally include the following f eatures that are not required in the base solution proposal. Please price these features in the appropriate pricing form.

Please note that the proposal pricing scores will not be based on the optional features but on the base proposal. The City reserves the right to accept or reject any and all optional features at its discretion and based on available funds in the current fiscal year budget.

1. DR Cluster: Able to support approximately one-third (33.3%) of the workload of the base system at a separate location.

2. GPU Support: Minimal GPU support for AI/ML or transcoding workloads.

3. Hybrid Cloud Support: Integration and migration of workloads across the proposed on premise infrastructure and cloud environments

Proposal Pricing Requirements
● Pricing must be submitted for BOTH the three (3) and five (5) year proposal options.
● Pricing scores will be based on the Base Bid items only (as seen below).

● SLA requirements

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Proposers Qualifications
Provide references from five (5) current local government or public sector agencies, preferably in California, for which the proposer has provided a similar project and brief description of their implementation.

The proposer must have a minimum of five (5) years of experience in the necessary services as described under the Scope of Services.

Provide information about the proposer’s qualifications and experience pertaining to the virtualization solution, specifically in government or public sector projects.

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Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

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

City Manager Dept: Public Works
Date: 12/9/2025

Subject: Authorization for the issuance of a purchase order to Coastline Equipment for the purchase of two new trailers for the Public Works Department Parks section. (Cost: $61,026.15)(Action Item)

OBJECTIVE

To secure City Council authorization to pu rchase two (2) new trailers for the Public Works Department through the Sourcewell competitive bid program, Contract #092922-MNR.

BACKGROUND

The Public Works Department has two (2) trailers that currently meet the City’s guidelines for replacement and were approved through F iscal Year 2025-26 budget process. The equipment being replaced are tilt trailers used by the Public Works Departments’ Parks section. Experience has shown that the City’s buying power is enhanced through joining with other public agencies to purchase fleet vehicles and equipment.

DISCUSSION

Sourcewell nationally solicits, evaluates and awards contracts through a competitive bid process. As a member of Sourcewell, the City is able to utilize bid awards for equipment purchases. Staff recommends dispensing of the bidding process per Municipal Code 2.50.060 (E) and piggybacking on the results of a recent Sourcewell competitive bid program, Contract #092922-MNR. The results deemed Coastline Equipment as the lowest responsive bid.

Coastline Equipment $61,026.15*

* This price includes all applicable tax and destination charges.

FINANCIAL IMPACT

The total cost of the purchase of the two new trailers is $61,026.15. Funding is included in the Fleet Management internal service fund’s Fiscal Year 2025-26 adopted operating budget.

The surplus equipment will be sold at public auction , and proceeds will be returned in the Fleet Management internal service fund.
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