Garden Grove City Council
April 28, 2026

AGENDA

Garden Grove City Council

Tuesday, April 28, 2026
6:30 PM

Community Meeting Center
11300 Stanford Avenue
Garden Grove, California 92840
Stephanie Klopfenstein
Mayor
George S. Brietigam
Mayor Pro Tem – District 1
Phillip Nguyen
Council Member – District 2
Cindy Tran
Council Member – District 3
Joe DoVinh
Council Member – District 4
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 the record, and proceed to address the City Council. All remarks and questions should be addressed to the City Council as a whole and not to individual Council Members or staff members. Any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the City Council shall be called to order by the Mayor. If such conduct continues, the Mayor may order the person barred from addressing the City Council any further during that meeting.

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

PLEASE SILENCE YOUR CELL PHONES DURING THE MEETING.
1

AGENDA

ROLL CALL: COUNCIL MEMBER NGUYEN, COUNCIL MEMBER TRAN, COUNCIL MEMBER DOVINH, COUNCIL MEMBER MUÑETON, COUNCIL MEMBER ARESTEGUI, MAYOR

PRO TEM BRIETIGAM, MAYOR KLOPFENSTEIN

INVOCATION

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

PRESENTATIONS

1. Community Spotlight in recognition of the Santiago High School Cheer for winning the CIF Southern Section Division 4 Championship.

[Item 150/2026]

2. Community Spotlight in recognition of the Garden Grove Department of Public Works Tree City USA Growth Award.

[Item 151/2026]

ORAL COMMUNICATIONS (TO BE HELD SIMULTANEOUSLY WITH OTHER

LEGISLATIVE BODIES)

WRITTEN COMMUNICATIONS

3. Consideration of a Written Request from the Garden Grove Unified School District for Co-Sponsorship of the Showmobile for its 60th Anniversary Celebration on May 15, 2026. (Action Item)

[Item 158/2026]

RECESS

CONDUCT OTHER LEGISLATIVE BODIES' BUSINESS

RECONVENE

CONSENT ITEMS (WILL BE ACTED ON SIMULTANEOUSLY WITH ONE MOTION

UNLESS SEPARATE DISCUSSION AND/OR ACTION IS REQUESTED BY A

COUNCIL MEMBER)

4. Adoption of a Proclamation celebrating May 3-9, 2026, as National Small Business Week. (Action Item)

[Item 99/2026]

5. Adoption of a Proclamation celebrating May 2-8, 2026, as Youth Week. (Action Item) [Item 93/2026]

2

6. Adoption of a Proclamation celebrating May as Asian American and Pacific Islander Heritage Month. (Action Item)

[Item 95/2026]

7. Adoption of a Proclamation celebrating May as Jewish American Heritage Month. (Action Item)

[Item 96/2026]

8. Adoption of a Proclamation recognizing May as Mental Health Awareness Month. (Action Item)

[Item 97/2026]

9. Adoption of a Proclamation recognizing May as Building and Safety Month. (Action Item)

[Item 94/2026]

10. Adoption of a Resolution Designating Authorized Agents of the City for the Emergency Management Performance Grant for grant cycles: Fiscal Years 2025, 2026, and 2027. (Action Item)

[Item 144/2026]

11. Adoption of a Resolution to authorize participation in the Clean California Community Cleanup and Employment Pathway Grant Program; and approval of a Restricted Grant Agreement with Caltrans; and, appropriation of grant funds awarded in Fiscal Year 2025-26. (Grant Amount: $200,000)(Action Item)

[Item 136/2026]

12. Approval of an Amendment to the Facility Use Agreement with Orion Sports, LLC for the outdoor hockey rink facility at Chapman Sports Complex. (Action Item)

[Item 127/2026]

13. Approval of an Amended and Restated National Pollution Discharge Elimination System Stormwater Permit Implementation Agreement. (Action Item)

[Item 117/2026]

14. Approval of an Amended and Restated National Pollution Discharge Elimination System Stormwater Permit Implementation Agreement with the County of Orange and Orange County Flood Control District. (Action Item)

[Item 132/2026]

15. Approval of an agreement with Bureau Veritas Technical Assessments, LLC for the 2026 Parks Condition Assessment report. (Cost: Not to exceed: $69,934) (Action Item)

[Item 146/2026]

3

16. Approval of Amendment No. 1 with Silverstone Property Management Company to provide comprehensive property management services for the Central Cities Navigation Center for Fiscal Year 2025-26. (Cost: $100,000)(Action Item)

[Item 135/2026]

17. Award a contract to InfoSend, Inc for data processing, printing, inserting, and mailing services, related to business license, utility billing, water service notices, and the CityWorks publication. (Cost: $250,000)(Action Item)

[Item 148/2026]

18. Receive and file the minutes from the meeting held on February 10, 2026. (Action Item)

[Item 159/2026]

19. Receive and file warrants. (Action Item)

[Item 155/2026]

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

[Item 157/2026]

ITEMS FOR CONSIDERATION

21. Introduction and First Reading of an Ordinance amending Section 6.04.020 of the Garden Grove Municipal Code to permit and regulate the keeping of pot- bellied pigs in residential properties, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AMENDING SECTION 6.04.020 OF CHAPTER 6.04 OF TITLE 6 OF THE GARDEN

GROVE MUNICIPAL CODE TO REGULATE THE KEEPING OF POT-BELLIED PIGS IN RESIDENTIAL PROPERTIES. (Action Item)

[Item 156/2026]

MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER

ADJOURNMENT

The next Regular Meeting is scheduled for Tuesday, May 12, 2026, at 5:30 p.m. in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California, 92840. 4 Item 158/2026

Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: John Montanchez
Dept:

City Manager Dept: Community Services
Date: 4/28/2026

Subject: Consideration of a Written Request from the Garden Grove Unified School District for Co-Sponsorship of the Showmobile for its 60th Anniversary Celebration on May 15, 2026. (Action Item)

OBJECTIVE

To transmit a letter on behalf of Garden Grove Unified School District (GGUSD) requesting that the City Council consider waiving the rental fee for use of the City’s showmobile stage for 60th Anniversary event scheduled on Friday, May 15, 2026 at Bolsa Grande High School.

BACKGROUND

GGUSD is celebrating its 60th Anniversary with a community event scheduled for Friday, May 15, from 4:00 p.m. to 8:00 p.m. at Bolsa Grande Stadium, 9401 Westminster Avenue.

The event is intended to bring together students, families, alumni, staff, and community members to commemorate six decades of educational excellence and community partnership.

Planned activities include student performances, games, a mini car show, food vendors, and other family-friendly programming.

DISCUSSION

The showmobile would provide a professional stage platform to enhance visibility and quality of student performances during the event. GGUSD has indicated awareness of operational requirements, including staffing and towing logistics, and is prepared to coordinate with City staff on these matters.

FINANCIAL IMPACT

Approval of this request will forego the revenue that would otherwise be collected for the rental of the City’s showmobile stage, in the amount of $350.

5 Item 158/2026

RECOMMENDATION

It is recommended that the City Council:

 Consider the written request from Garden Grove Unified SchoolDistrict to waive the rental fee of $350 for use of the City’s showmobile stage for their 60 th Anniversary event on Friday, May 15, 2026 at Bolsa Grande High School.

ATTACHMENT(S)

1. Request for Use of City Showmobile – Garden Grove Unified School District 60th Anniversary Celebration May 15, 2026.

6 7
Item 99/2026

Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

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

City Manager Dept: City Clerk
Date: 4/28/2026

Subject: Adoption of a Proclamation celebrating May 3-9, 2026, as National Small Business Week. (Action Item)

OBJECTIVE

For the City Council to adopt a Proclamation celebrating May 3 -9, 2026, as National Small Business Week in Garden Grove.

BACKGROUND/DISCUSSION

National Small Business Week is observed annually to recognize the important contributions of small businesses to the economy and local communities. In Garden Grove, small businesses play a key role in job creation, economic development, and neighborhood vitality.

Issuing this proclamation highlights the City’s commitment to supporting local entrepreneurs and encouraging residents to shop and support businesses within the community.

FINANCIAL IMPACT

There is no financial impact.

RECOMMENDATION

It is recommended that the City Council:
 Adopt a Proclamation celebrating May 3-9, 2026, as National Small Business Week in Garden Grove.

ATTACHMENT(S)

1. Proclamation

8 Proclamation
May 3-9, 2026 as National Small Business Week
WHEREAS, America’s more than 34 million small businesses are a cornerstone of the national economy, creating the majority of new jobs and driving innovation and economic growth;

WHEREAS, The City of Garden Grove recognizes the essential role small businesses play in providing goods and services, creating local employment opportunities, and contributing to the character of the community;

WHEREAS, Small businesses in Garden Grove are led by de dicated entrepreneurs whose resilience and commitment strengthen the City’s economic vitality;

WHEREAS, The City is committed to supporting a strong local economy through programs, partnerships, and resources that promote small business success and sustainability; and

WHEREAS, National Small Business Week is recognized nationwide as a time to celebrate the contributions of small businesses and entrepreneurs.

NOW, THEREFORE, the Garden Grove City Council, hereby proclaims May 4-9, 2026, as National Small Business Week in the City of Garden Grove and encourages all residents to support local businesses and recognize their contributions to the community.

April 28, 2026
9 Item 93/2026

Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Lizabeth Vasquez
Dept:

City Manager Dept: City Clerk
Date: 4/28/2026

Subject: Adoption of a Proclamation celebrating May 2-8, 2026, as Youth Week. (Action Item)

OBJECTIVE

For the City Council to adopt a Proclamation celebrating May 2 -8, 2026, as Youth Week in Garden Grove.

BACKGROUND/DISCUSSION

The Benevolent and Protective Order of Elks designates the first full week of May as Elks National Youth Week to recognize the contributions and achievements of young people. The City of Garden Grove participates annually by issuing a proclamation in support of local youth and encouraging community recognition of their role in shaping the future.

FINANCIAL IMPACT

There is no financial impact.

RECOMMENDATION

It is recommended that the City Council:
 Adopt the proclamation celebrating May 2-8, 2026, as Youth Week in Garden Grove.

ATTACHMENT(S)

1. Proclamation

10 Proclamation
May 2-8, 2026 as Elks Nation Youth Week

WHEREAS, The Benevolent and Protective Or der of Elks has designated May 2 -8, 2026, as Youth Week to honor America’s young people for their achievements and to recognize their contributions to their communities, state, and nation;
WHEREAS, The City of Garden Grove joins in this observance to celebrate the youth of our community and their positive impact;
WHEREAS, Few causes are more deserving of our support than those that uplift young people, who represent one of our most valuable resources and will shape the future of our society;
WHEREAS, Our youth benefit from the guidance, encouragement, and inspiration of caring adults to help develop the character and leadership skills essential for their future success; and
WHEREAS, Fostering strong partnerships between youth and the community demonstrates our commitment to understanding their aspirations and preparing them for the responsibilities and opportunities of engaged citizenship.

NOW, THEREFORE, the Garden Grove City Council hereby proclaims May 2-8, 2026, as Elks National Youth Week in the City of Garden Grove and encourages all residents to recognize and celebrate the contributions of our youth and to participate in activities that support their growth and development.

April 28, 2026
11 Item 95/2026

Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Lizabeth Vasquez
Dept:

City Manager Dept: City Clerk
Date: 4/28/2026

Subject: Adoption of a Proclamation celebrating May as Asian American and Pacific Islander Heritage Month. (Action Item)

OBJECTIVE

For the City Council to adopt a Proclamation celebrating May as Asian American and Pacific Islander Heritage Month in Garden Grove.

BACKGROUND/DISCUSSION

Asian American and Pacific Islander Heritage Month is observed each May to recognize the history, culture, and contributions of Asian American and Pacific Islander communities.

Garden Grove is home to a large and diverse AAPI population, including Little Saigon and Koreatown, whose residents have played a vital role in the City’s cultural and economic development. Issuing this proclamation affirms the City’s commitment to celebrating diversity and acknowledging the contributions of AAPI residents.

FINANCIAL IMPACT

There is no financial impact.

RECOMMENDATION

It is recommended that the City Council:
 Adopt the Proclamation celebrating May as Asian American and Pacific Islander Heritage Month in Garden Grove.

ATTACHMENT(S)

1. Proclamation

12 Proclamation

May as Asian American and Pacific Islander Heritage Month

WHEREAS, The City of Garden Grove and the United States of America are strengthened by the diversity, talent, and cultural contributions of their communities;

WHEREAS, According to the 2020 Census, more than 42 percent of Garden Grove’s population identifies as Asian American, reflecting the significant presence and influence of these communities;

WHEREAS, Asian and Pacific Americans have contributed greatly to the City’s growth and prosperity through achievements in education, business, the arts, science, technology, and public service;

WHEREAS, These communities continue to play an active role in civic life, working to advance inclusive participation and build strong connec tions across all of Garden Grove;

WHEREAS, Asian Americans and Pacific Islanders have a long -standing legacy of service and dedication to the community, city, state, and nation;

WHEREAS, Garden Grove is home to Little Saigon, the largest Vietnamese community outside of Vietnam, as well as a vibrant Koreatown; and

WHEREAS, The month of May is nationally recognized as Asian American and Pacific Islander Heritage Month, providing an opportunity to celebrate the rich histories, cultures, and contributions of these communities.

NOW, THEREFORE, the Garden Grove City Council hereby proclaims May 2026 as Asian American and Pacific Islander Heritage Month in the City of Garden Grove and encourages all residents to recognize and celebrate the many contributions of Asian American and Pacific Islander communities.

April 28, 2026
13 Item 96/2026

Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Lizabeth Vasquez
Dept:

City Manager Dept: City Clerk
Date: 4/28/2026

Subject: Adoption of a Proclamation celebrating May as Jewish American Heritage Month. (Action Item)

OBJECTIVE

For the City Council to adopt a Proclamation celebrating May as Jewish American Heritage Month in Garden Grove.

BACKGROUND/DISCUSSION

Jewish American Heritage Month is observed each May to recognize the history, culture, and contributions of Jewish Americans. The Jewish community has played an important role in shaping the nation and contributes to the diversity and civic life of Garden Grove. Issuing this proclamation reflects the City’s commitment to honoring cultural heritage and promoting inclusion and understanding within the community.

FINANCIAL IMPACT

There is no financial impact.

RECOMMENDATION

It is recommended that the City Council:
 Adopt the Proclamation celebrating May as Jewish American Heritage Month in Garden Grove.

ATTACHMENT(S)

1. Proclamation

14 Proclamation
May as Jewish American Heritage Month

WHEREAS, Jewish American Heritage Month is observed each May to recognize the enduring contributions and rich history of Jewish Americans in the United States;

WHEREAS, Jewish Americans have made significant contributions to the nation’s cultural, economic, scientific, and civic life, advancing fields such as the arts, education, business, medicine, and public service;

WHEREAS, The Jewish community in Garden Grove is an important part of the City’s diverse cultural fabric, contributing to its vitality and sense of community;

WHEREAS, Jewish Americans continue to promote values of mutual respect, inclusion, justice, and civic engagement;

WHEREAS, It is important to recognize the resilience, experiences, and achievements of Jewish Americans, as well as their ongoing contribution to society; and

WHEREAS, Jewish American Heritage Month provides an opportunity to reflect on this history and to celebrate the traditions and contributions of the Jewish community locally and nationwide.

NOW, THEREFORE, the Garden Grove City Council hereby proclaims May 2026 as Jewish American Heritage Month in the City of Garden Grove and encourages all residents to learn about and celebrate the contributions of Jewish Americans.

April 28, 2026

15 Item 97/2026

Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Lizabeth Vasquez
Dept:

City Manager Dept: City Clerk
Date: 4/28/2026

Subject: Adoption of a Proclamation recognizing May as Mental Health Awareness Month. (Action Item)

OBJECTIVE

For the City Council to adopt a Proclamation recognizing May as Mental Health Awareness Month in Garden Grove.

BACKGROUND/DISCUSSION

Mental Health Awareness Month is observed each May to promote understanding of mental health and reduce stigma associated with mental health conditions. Many individuals experience mental health challenges, highlighting the importance of awareness, early intervention, and access to care. Issuing this proclamation affirms the City of Garden Grove’s commitment to supporting mental wellness and encouraging community dialogue and resources for residents.

FINANCIAL IMPACT

There is no financial impact.

RECOMMENDATION

It is recommended that the City Council:
 Adopt the Proclamation recognizing May as Mental Health Awareness Month in Garden Grove.

ATTACHMENT(S)

1. Proclamation

16 Proclamation
Mental Health Awareness Month

WHEREAS, Mental health is essential to overall well-being at every stage of life;

WHEREAS, Approximately one in five adults in the United States experiences a mental health condition each year, and many children and youth face mental, emotional, or behavioral challenges, yet many do not receive the care they need;

WHEREAS, Mental Health Awareness Month encourages individuals and communities to take meaningful action to support mental wellness and those affected by mental health conditions;

WHEREAS, Research shows that regular physical activity, balanced nutrition, and quality sleep contribute to improved mental and physical health;

WHEREAS, The City of Garden Grove is committed to raising awareness, reducing stigma, and fostering open conversations about mental health;

WHEREAS, Local organizations play a vital role in providing services, support, and education to residents; and

WHEREAS, With the appropriate treatment and support, individuals experie ncing mental health conditions can recover and lead healthy, fulfilling lives.

NOW, THEREFORE, the Garden Grove City Council hereby proclaims May 2026 as Mental Health Awareness Month in the City of Garden Grove and encourages all residents to promote awareness, support access to care, and foster a community that prioritizes mental wellness.

April 28, 2026

17 Item 94/2026

Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Niki Wetzel
Dept:

City Manager Dept: Community Development
Date: 4/28/2026

Subject: Adoption of a Proclamation recognizing May as Building and Safety Month. (Action Item)

OBJECTIVE

For the City Council to adopt a Proclamation recognizing May 2026 as Building and Safety Month in Garden Grove.

BACKGROUND/DISCUSSION

Building and Safety Month is sponsored by the International Code Council to raise awareness about building safety and to remind the public about the critical role of our local code officials.

This year’s theme “Built to Last” reinforces the need for the adoption of modern, regularly - updated building codes, and helps individuals, families and businesses understand what it takes to create safe and sustainable structures.

FINANCIAL IMPACT

There is no financial impact.

RECOMMENDATION

It is recommended that the City Council:
 Adopt the Proclamation recognizing May 2026 as Building and Safety Month in Garden Grove.

ATTACHMENT(S)

1. Proclamation

18 Proclamation
May 2026 as Building and Safety Month

WHEREAS, The City of Garden Grove is committed to recognizing that our growth and strength depends on the safety and economic value of the homes, buildings and infrastructure that serve our citizens, both in everyday life and in times of natural disaster;

WHEREAS, Our confidence in the structural integrity of buildings that make up our community is achieved through the devotion of vigilant guardians – building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals , laborers, plumbers and others in the construction industry – who work year-round to ensure the safe construction of buildings;
WHEREAS, These guardians are dedicated building safety professionals depended on to implement the highest-quality codes to protect us in the buildings where we live, learn, work, and play;
WHEREAS, “Built to Last” the campaign theme for Building Safety Month 2026, highlights the importance of modern, updated building codes, sustainable construction, and the professionals who ensur e safety in homes and communities worldwide; and
WHEREAS, Each year, in observance of Building Safety Month, citizens worldwide are asked to consider the commitment to improve building safety and economic investment at home and in the community, and to acknowledge the essential services provided to all of us by building departments, fire prevention bureaus and other agencies in protecting lives and property.

NOW THEREFORE, the Garden Grove City Council does hereby proclaim that the month of May 2026 be r ecognized as “Building and Safety Month” in the City of Garden Grove.

April 28, 2026

19 Item 144/2026

Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Chief El-Farra
Dept:

City Manager Dept: Police
Date: 4/28/2026

Subject: Adoption of a Resolution designating Authorized Agents of the City for the Emergency Management Performance Grant for grant cycles: Fiscal Years 2025, 2026, and 2027. (Action Item)

OBJECTIVE

For the City Council to adopt a Resolution designating Authorized Agents of the City for the Fiscal Years 2025, 2026, 2027 Emergency Management Performance Grant (EMPG).

BACKGROUND

Through the EMPG grant the Police Department receives reimbursement funds from the Department of Homeland Security , subawarded through the California Office of Emergency Services (CalOES), for a comprehensive all hazards emergency preparedness program.

DISCUSSION

CalOES requires that a resolution designating authorized agents be adopted every three years at the maximum. The attached Resolution provides for the three named positions that will be authorized to sign for the City in matters that pertain to executing documents for reimbursements from emergency declarations and preparedness programs.

FINANCIAL IMPACT

The City will incur no financial impact as a result of the action being requested.

RECOMMENDATION

It is recommended that the City Council:

 Adopt the Resolution designating Authorized Agents of the City for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security financial assistance and reimbursement. 20 Item 144/2026

By: Melissa Mendoza-Campos, Emergency Operations Coordinator

ATTACHMENT(S)

1. Resolution

21 ST

ATE OF CALIFORNIA
GOVER
NOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130
Cal OES ID No: ______________________

DESIGNATIO

N OF APPLICANT'S AGENT RESOLUTION

FOR NON-STATE AGENCIES
BE I

T RESOLVED BY THE OF THE
(Gove
rning Body) (Name of Applicant)

THAT , OR
(T
itle of Authorized Agent)
, OR
(T
itle of Authorized Agent)
(Title of Authorized Agent)
is here
by authorized to execute for and on behalf of the , a public entity (Name of Appl
icant)
est
ablished under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.

THAT the ________________________________________________, a public entity established under the laws of the State of California, (Name of Appl
icant)
hereby authorizes i
ts agent(s) to provide to the Governor’s Office of Emergency Servicesfor all matters pertaining to such state disaster assistance the assurances and agreements required.

Please check the appropriate box below:

This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.

This is a disaster specific resolution and is effective for only disaster number(s) ________________________ Pa
ssed and approved this day of , 20
(Na
me and Title
of Gove
rning Body Representative)
(Name and Title
of Gove
rning Body Representative)
(Name and Title
of Gove
rning Body Representative)
CERT

IFICATION
I, , duly appointed and of
(Na
me) (Title)
, do her
eby certify that the above is a true and correct copy of a (Na
me of Applicant)
Resolution pass
ed and approved by the of the
(Gove
rning Body) (Name of Applicant)
on the day of , 2026 .
(T
itle)

(S
ignature)
Ca
l OES 130 (Rev.9/13)
22 Item 136/2026

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: 4/28/2026

Subject: Adoption of a Resolution to authorize participation in the Clean California Community Cleanup and Employment Pathway Grant Program; and approval of a Restricted Grant Agreement with Caltrans; and, appropriation of grant funds awarded in Fiscal Year 2025-26. (Grant Amount: $200,000)(Action Item)

OBJECTIVE

Request approval of a Resolution to authorize participation in the Clean California Community Cleanup and Employment Pathway (CCEP) Grant Program, the Restricted Grant Agreement (RGA) with Caltrans, and the appropriation of grant funds awarded in FY 2025-26.

BACKGROUND

A Notification of Funding Availability was issued in September 2025 for the Clean California Community Cleanup and Employment Pathway (CCEP) Grant Program through the California Department of Transportation (Caltrans). This program prioritizes activities that support litter abatement, graffiti removal and deterrence, and public space beautification while creating workforce development opportunities for vulnerable popula tions, including justice-impacted individuals, those experiencing homelessness, and at -risk youth. The program focuses on fostering community pride through sustainable cleanup efforts, promoting public education on anti -littering, and ensuring long -term ma intenance through partnerships with local agencies, workforce organizations, and community-based groups.

DISCUSSION

The City applied for the CCEP grant funding for the Garden Grove Community Beautification Project (GGCBP), which focuses on three categories: Beautification, Workforce Development, and Community Outreach.

Pursuant to program guidelines, the project is intended to achieve the following:
 Beautification: Litter and graffiti removal, and deterrence efforts throughout the City with priority areas near schools and community centers. 23 Item 136/2026

 Workforce Development: Employment and skill training opportunities for clients from the Family Resource Center and the Central Cities Navigation Center (CCNC), to assist in some capacity with beautification, litter abatement, and graffiti removal. This on -the-job training will include assisting existing contractors.

 Community Outreach : Engaging residents through surveys and neighborhood meetings to gather feedback and ensure continued community involvement in maintaining clean and safe public spaces.

On February 19, 2026, Caltrans announced that the City was awarded $200,000 in grant funding for the GGCBP, as follows:

The CCEP grant requires a local match, which can be satisfied through in-kind contributions.

The City will fulfill this requirement through existing staff labor and existing contractual funds already budgeted within Public Works, Police Economic Development and Ho using and the Police Department’s operating budget. The grant will provide $200,000 towards the project, with the remaining $553,919 representing the City’s in -kind match. The total estimated project cost is $753,919 and no additional local cash contribu tion is required. The Budget summary is as follows:

Category Activity Amount
Beautification
Litter & Graffiti Abatement 25,000.00$
Litter Maintenance & Graffiti Deterrence 50,000.00$
Workforce Development
Workforce Labor and Training 100,000.00$
Commmunity Outreach
Community Outreach and Involvement 25,000.00$
Total Grant Award 200,000.00$
Fund Title Amount
Grant Award Funds 200,000.00$
In-Kind Labor Contribution *
Public Works Admin 15,000.00$
Economic Development & Housing Admin 10,000.00$
Police Special Resources Team (SRT) 40,000.00$
In-Kind Contractual Contribution ** 488,919.00$
Total 753,919.00$
* Exisiting Labor
** Exisiting Contract
24 Item 136/2026

FINANCIAL IMPACT

The City will receive up to $200,000 in CCEP grant funding from Caltrans on a reimbursement basis. The required local match will be satisfied through in -kind contributions, consisting of existing staff labor and previously budgeted contractual funds within the Public Works, Economic Development and Housing, and Police Departments. No additional local cash contribution or new appropriation is required.

RECOMMENDATION

It is recommended that the City Council:

 Adopt a Resolution authorizing participation in the Clean California Community Cleanup and Employment Pathway Grant Program (CCEP);

 Authorize the City Manager, or designee (s), to execute all necessary Agreements and future amendme nts to implement the Garden Grove Community Beautification Project under the Clean California Community Cleanup and Employment Pathway Grant Program (CCEP);

 Authorize the Finance Director to appropriate $200,000 (G:233-711-1000, JL:

GT3015000) per the grant agreement with Caltrans; and

 Authorize the City Manager, or designee(s), to execute the Restricted Grant Agreement, amendments, and make minor modifications as appropriate thereto, on behalf of the City.

By: Christy Le, Administrative Analyst

ATTACHMENT(S)

1. CCEP Restricted Grant Agreement

2. CCEP Grant Guidelines

3. CCEP Resolution

25 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 1 of 20 Clean California Local Grant Program (State) Restricted Grant Agreement This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the CITY OF GARDEN GROVE, hereinafter referred to as AGENCY, will commence on April 15, 2026, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCYshall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on November 30, 2027. Recitals 1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA. 2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA. 3. WHEREAS, the Clean CA Program, through its Clean CA Local Grants Program, is authorized under California Streets and Highways Code Section 91.41 to provide funding and resources to support local projects that advance the program's goals and objectives; 4. WHEREAS, California Streets and Highways Code Section 91.41 provides the legislative authority for the Clean CA Program to advance the following intent and objectives: a. Reduce Waste and Beautify Public Spaces: The primary goal of the program is to allocate grants to local and regional public agencies, transit agencies, and tribal governments to reduce waste and debris within public rights-of-way, tribal lands, parks, pathways, transit centers, and other public spaces. The program aims to enhance, rehabilitate, restore, or install measures to beautify and improve these public spaces. b. Improve Public Health and Community Placemaking: The program seeks to enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. By investing in the improvement of these spaces, it aims to create a positive and welcoming environment for the community. c. Promote Equity for Underserved Communities: The program places a strong emphasis on advancing equity for underserved communities. d. Support Sustainable Practices: The program encourages the implementation of sustainable practices in the beautification and enhancement of public spaces. This includes greening efforts, such as providing shade and reducing the urban heat island effect, as well as using native, low-water plants. e. Engage Local Communities: The program promotes community engagement by requiring project proposals to reflect community priorities. It encourages the involvement of local communities in the development and selection of projects to ensure they meet the needs and preferences of the affected population. f. Prohibit Displacement of Persons Experiencing Homelessness: The program prohibits 26 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 2 of 20 grants from funding projects that displace persons experiencing homelessness. This reflects the intention to address public space improvements without negatively impacting vulnerable populations. g. Transparent and Efficient Grant Allocation: The program requires the program to issue a call for projects and announce grant awards. The guidelines for allocating grants must include project selection criteria and program evaluation metrics. 5. WHEREAS, the purpose of this RGA is to authorize Caltrans districts to enter into agreements with local agencies to support the development, implementation, and funding of local agencies partnership projects that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41; 6. WHEREAS, this RGA establishes a framework for Caltrans districts to provide financial contributions and other assistance to local agencies, fostering effective collaboration and coordination to deliver successful transit partnership projects; 7. WHEREAS, this RGA emphasizes transparency, objective evaluation, and fair allocation of resources, ensuring that projects scoring higher based on established criteria receive prioritization for funding and implementation; 8. WHEREAS, the Clean CA Program facilitates collaboration between Caltrans districts and local agencies to support litter abatement and public space beautification efforts on locally owned public right-of-way while creating workforce development opportunities for individuals facing barriers to employment that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41; 9. WHEREAS, the Clean CA Program, in partnership with Caltrans districts, seeks to enhance local right-of-way areas to address waste management challenges, graffiti mitigation, and public space beautification, thereby contributing to create cleaner, safer, and more equitable public spaces throughout California; 10. WHEREAS, the Clean CA Program, established by the State of California, is a transformative initiative which promotes sustainable transportation alternatives, reducing greenhouse gas emissions, and combatting climate change to improve the overall quality of life for residents and visitors of California; 11. WHEREAS, the Clean CA Program envisions a comprehensive approach to address transportation challenges, enhance transit infrastructure, and support local agencies in their efforts to create efficient, safe, and environmentally friendly transit options; 12. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the Parties enter into this RGA to advance the purpose and intent of the Clean CA transit initiative, harnessing the legislative authority provided under California Streets and Highways Code Section 91.41, and collaborating on transit partnership projects that contribute to a sustainable, innovative, and well-connected transportation network throughout the State of California. Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows: Section IAGENCY Agrees:
27 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 3 of 20 To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA. Section ll CALTRANS Agrees: That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations. Section lIIIt Is Mutually Agreed: 1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Program. 2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose. 3. AGENCY shall perform all the duties and obligations described in CITY OF GARDEN GROVE COMMUNITY BEAUTIFICATION PROJECT, hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III. 4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV. 5. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I). California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.” 28 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 4 of 20 6. Project funding is as follows: Fund Title Fund Source Dollar AmountClean California Funds State General Fund (0001) Budget Item 2660-130-0001 State Program Code 20.30.010.900 FY 2025/26 $200,000.00Local Match/In Kind $553,919.00Total Project Costs $753,919.00For Caltrans Use OnlyI hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance. Accounting Officer Printed Name Accounting Officer Signature Date Amount Certified 7. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops. Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56. 8. Notification of Parties a. AGENCY’s Project Manager for Project is CHRISTY LE, (714) 741-5206. b. CALTRANS’ District Partnership Liaison is ERIC CORONA, (949) 279-9092. “District Partnership Liaison” as used herein includes his/her designee. c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: CITY OF GARDEN GROVE Attention: CHRISTY LE, ADMINISTRATIVE ANALYST, ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT Phone Number: (714) 741-5206 Email: [email protected] 11222 ACACIA PARKWAY GARDEN GROVE, CALIFORNIA, 92840 CALIFORNIA DEPARTMENT OF TRANSPORTATION, DISTRICT PARTNERSHIP LIAISON DISTRICT 12 Attention: ERIC CORONA, BRANCH CHIEF, STRATEGIC INVESTMENT PLANNING Phone Number: (949) 279-9092 Email: [email protected] 1750 EAST FOURTH STREET 29 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 5 of 20 SANTA ANA, CALIFORNIA, 92705 9. Period of Performance a. Reimbursable work under this RGA shall begin no earlier than on April 15, 2026, following the written approval ofCALTRANSand AGENCY’sreceipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than July 30, 2027. Project closeout and final invoicing to CALTRANS must be submitted no later than November 30, 2027. Work incurred after July 30, 2027, will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 30, 2027. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 30, 2027 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Partnership Liaison, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS. 10. Changes in Terms/Amendments This Agreement may only be amended or modified by mutual written agreement of the parties. 11. Cost Limitation a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $200,000.00. b. It is agreed and understood that the Clean CA funds are limited to the amount granted. CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Partnership Liaison at or below that fund limitation established herein. 12. Termination a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination. AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation. b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA. Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS. 13. Budget Contingency Clause a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do 30 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 6 of 20 not appropriate sufficient funds for the program, this RGA shall be of no further force and effect. In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA. b. The certification of FY 2025/26 funds will be contingent upon the passage of the FY 2023/24 Budget. Payment for any work performed that is funded by FY 2023/24 will be delayed if the FY 2023/24 Budget is not signed by June 30, 2023. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS or offer an RGA Amendment to AGENCY to reflect reduced amount. 14. Payment and Invoicing a. AGENCY, its contractors, subcontractors and sub-recipients, shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices. b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel 31 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 7 of 20 Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/. Also see website for summary of travel reimbursement rules.f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Partnership Liaison g. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Partnership Liaison, as stated in Section III–Notification of Parties, Item 8c. h. Invoices shall include the following information: 1) Names of the AGENCY personnel performing work 2) Dates and times of Project Work 3) Locations of Project Work 4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. i. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction. Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12. j. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice. k. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until July 30, 2027, to make final allowable payments to Project contractors or vendors, and November 30, 2027, to submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. l. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 30, 2027. 15. Quarterly Progress Reporting a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, 32 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 8 of 20 is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. 16. Cost Principles a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source. d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch05.pdf e. AGENCYagrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above. 17. Americans with Disabilities Act By signing this Agreement, AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.). 18. Iran Contracting Act AGENCY must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities 33 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 9 of 20 in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement. 19. Indemnification a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA. It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA. b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property. 20. Nondiscrimination Clause (2 CCR 11105 Clause b) a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, 34 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 10 of 20 Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause. d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA. 21. Retention of Records/Audits a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the 35 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 11 of 20 California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA. e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs. f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article. 22. Adjudication of Facts in Disputes a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law. b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA. 23. Third-Party Contracts a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS District Partnership Liaison unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. 36 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 12 of 20 c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors. Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS District Partnership Liaison. d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS District Partnership Liaison shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III–Payment and Invoicing, Item 14(h)(4), above. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above. 24. Drug-Free Workplace Certification By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following: 1) The dangers of drug abuse in the workplace. 2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant: 1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to 37 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 13 of 20 carry out the requirements as noted above. 25. Relationship of Parties It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. 26. State-Owned Data a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media: 1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space. 2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules. 3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another. 4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only. 5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Partnership Liaison immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1). 27. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process. b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any 38 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 14 of 20 individuals. d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. 28. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-of-Way (“Artwork”) Created or Produced for Project a. Educational programming: i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA. ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach 39 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 15 of 20 campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork: i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA. ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. 29. Government Purpose Rights for Inventions a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA. b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) 40 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 16 of 20 for any commercial purpose. 30. Additional Intellectual Property Provisions a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA. b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license. c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form: © [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA. i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation. ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS. e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible 41 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 17 of 20 infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing. 31. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-of-way. 32. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY’s indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees. 33. Mandatory Organic Waste Recycling It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if AGENCY or its subcontractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY or its subcontractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste 42 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 18 of 20 recycling. AGENCY shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS District Partnership Liaison 34. Project Close Out/Closeout Report a. AGENCY will provide a final close out report to the CALTRANS District Partnership Liaison no later than November 30, 2027. CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report. b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Partnership Liaison. c. Payments shall be forfeit if invoices are submitted after November 30, 2027. 35. ADA Compliance All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention. 36. Prevailing Wages and Labor Code Compliance AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project. 37. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply: I. This Restricted Grant Agreement (as amended); II. The CALTRANS Local Grant Program Guidelines; III. Approved Indirect Cost Rate (if applicable); IV. Approved Grant Application (as amended); and V. AGENCY Resolution. 38. Survival AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA. 39. Sanctions No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in 43 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 19 of 20 effect.Section IVAttachments: The following attachments are incorporated into and are made a part of this RGA by this reference and attached hereto. I. Clean CA Community Cleanup and Employment Pathway (CCEP) Grant Program Guidelines II. Approved Indirect Cost Rate (if applicable) III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written: CITY OF GARDEN GROVEBy: Printed Name: Title: Date:CALTRANS DISTRICT PARTNERSHIP LIAISONCLEAN CALIFORNIA PROGRAM By: Printed Name: Title: Date:
44 CITY OF GARDEN GROVE Agreement Number 12-CCEP-02 CGI ADV ID: 122600074 Project Number: CCEP-5328(094) Page 20 of 20 CALIFORNIA DEPARTMENT OF TRANSPORTATION CLEAN CALIFORNIA PROGRAM By: Printed Name: Walter Yu Title: Clean California Program Director Date:
45 Community Cleanup and Employment Pathway GrantsPROGRAM GUIDELINESClean CA ProgramSummer 2025 46 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 1 | P a g e
ContentsIntroduction ............................................................................................................................................... 2District Partnerships.................................................................................................................................. 3Proposals .................................................................................................................................................... 4Objectives.............................................................................................................................................. 4Evaluation Criteria ............................................................................................................................... 4Application Submissions ..................................................................................................................... 6Outreach and Partnership.................................................................................................................... 6Selection and Notification .................................................................................................................... 7Schedule .................................................................................................................................................... 8Funding Mechanism ............................................................................................................................... 8Matching Funds / In-Kind Contributions ............................................................................................ 9Funding Disbursement .......................................................................................................................... 10Performance Metrics ............................................................................................................................ 10Clean CA Roles/Responsibilities ........................................................................................................ 11District Roles ............................................................................................................................................. 12Grant Recipient Responsibilities ......................................................................................................... 14 47 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 2 | P a g e
Introduction The Community Cleanup and Employment Pathway (CCEP) Grant Program is a signature initiative under the Clean California Program, administered by the California Department of Transportation (Caltrans). This grant program is designed to support litter abatement and public space beautification efforts on locally owned public right-of-way while creating workforce development opportunities for individuals facing barriers to employment. Through competitive grants, the program provides funding to local agencies (including federally recognized tribal governments) to conduct targeted litter cleanup and graffiti removal activities, complemented by educational and engagement efforts that foster community pride and long-term maintenance. The program places strong emphasis on serving disadvantaged and underserved communities (as identified in Section 4.1 of grant application template) and encourages local commitment through participation in the Clean California Community designation pledge1. A core component of this program is the creation of employment pathways through partnerships with workforce development organizations or use of existing employment development departments. These partnerships will connect justice-impacted individuals, those experiencing homelessness, at-risk youth, and others with meaningful job training and paid transitional employment opportunities focused on litter abatement, landscaping, and environmental stewardship. Program Objectives Litter and Graffiti Abatement: Support sustained litter cleanup and graffiti removal on local right-of-way. Workforce Development: Create transitional employment and training opportunities for vulnerable populations either through partnerships with workforce development organizations or use of existing employment development departments. Equity and Inclusion: Prioritize disadvantaged communities and support pathways to community self-sufficiency. Sustainable Community Engagement: Promote public education and anti-littering campaigns. Take the online Clean California Community designation pledge to ensure sustainability and long-term impact. By integrating cleanup, workforce development, and community engagement, the CCEP Grant Program seeks to create cleaner, safer, and more equitable public spaces throughout California. 1 https://cleanca.com/designation/ 48 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 3 | P a g e
Eligible Entities For the purposes of the CCEP Grant Program, eligible entities will be defined as: Local Governments – Cities, counties, and special districts responsible for community services and maintenance. Transit Agencies – Public transportation agencies with jurisdiction over facilities or right-of-way that intersect with cleanup needs. Tribal Governments – Federally recognized tribes. Joint Applications – Partnerships among the above entities, including collaborations with community-based organizations, workforce development boards, educational institutions, or local nonprofits, are encouraged and eligible. Eligible Expenses Eligible expenses may include, but are not limited to: Staff Time: Local agency staff time directly related to proposal delivery is eligible. This includes staff time for developing and administering contracts, program management, and coordination with community-based organizations. Travel Costs: Reasonable and necessary travel costs that are directly related to proposal implementation (e.g., site visits, stakeholder engagement, workforce coordination) are eligible. Materials and Supplies: Tools, equipment, safety gear, and cleanup supplies needed for community cleanup activities. Workforce Development Costs: Training, certification, stipends, or wages directly tied to workforce development opportunities for program participants. Public Outreach and Education: Costs related to promoting cleanup events, workforce opportunities, and community engagement. Caltrans District Partnerships The Caltrans districts possess in-depth knowledge of the local context and unique challenges, making them invaluable enablers to support grant applicants in proposal identification, development, and implementation processes. They are encouraged to foster strong partnerships with local agencies to ensure seamless coordination and efficient proposal delivery. By leveraging their expertise and collaborating closely with stakeholders, districts can support local agencies in effectively address challenges related to waste management, graffiti, and aesthetic appeal in urban areas, ultimately beautifying public spaces within their districts. 49 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 4 | P a g e
ProposalsObjectives The grant proposal is the foundation for securing funding under the CCEP Grant Program. The proposal must demonstrate how the applicant will use grant funding to meet the program’s core objectives through locally led, community-driven efforts. Proposals should clearly articulate the public benefit of the proposed activities, particularly in disadvantaged or underserved communities. Applicants are expected to: Identify litter abatement and graffiti removal needs in specific areas of local right-of-way. Detail a plan for workforce development, including partnerships with workforce organizations and strategies for engaging vulnerable populations. Commit to community engagement strategies and educational outreach that promote long-term cleanliness and civic pride. Demonstrate alignment with the Clean California Community designation pledge. The pledge is not required to apply for or receive funding. Provide a sustainable approach to maintaining the public space improvements achieved through the grant. Each proposal must be comprehensive, feasible, and results-driven, ensuring that awarded funding leads to measurable environmental, social, and economic impacts in the applicant's community. Evaluation CriteriaApplications will be submitted by local agencies to their respective Caltrans district coordinators, then evaluated and scored competitively by the Clean CA Program based on the criteria listed below. Applications that score highest across these categories will be prioritized for funding. 1. Community Need and Impact (15 points) Demonstrates a clear need for litter abatement and graffiti removal, including information such as description of the history of the area, prior efforts to address the issues and how this grant will make a difference. 50 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 5 | P a g e
Identifies underserved or disadvantaged areas where the proposal will be implemented. Outlines benefits to public health, safety, environmental quality, and community aesthetics. 2. Workforce Development Strategy (15 points) Includes a detailed plan for engaging and employing vulnerable populations. Establishes partnerships with workforce development organizations (e.g., BCOE Back 2 Work, Center for Employment Opportunities (CEO), Chrysalis or similar) or leverage existing employment departments. Provides evidence of transitional employment (as measured by participants who are able to find long-term employment), training, and pathways to long-term job placement. 3. Community Engagement and Education (15 points) Describes plans for community input, public education, and volunteer participation. Commits to youth education, anti-littering outreach, or (encouraged but not mandatory) participation in the Clean California Community designation program. 4. Long-Term Sustainability and Maintenance (15 points) Outlines a long-term plan to fund the maintenance of cleaned and beautified spaces. Includes partnerships, volunteer programs, or recurring community events in alignment with the Clean CA community designation pledge. Describes infrastructure or policy measures to prevent future littering. 5. Clean California Community Designation Pledge (10 points) Applicant has taken or plans to take the Clean California Community pledge. Demonstrates commitment to meeting at least 10 of the 15 designation criteria. 6. Proposal Feasibility and Readiness (10 points) Provides a detailed implementation schedule. Demonstrates capacity to manage the proposal, including procurement, reporting, and oversight. 51 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 6 | P a g e

7. Matching Funds and Leveraged Resources (10 points) Describes how matching funds (cash or in-kind) will support and expand proposal activities. Ensures that match contributions are additive and not part of existing baseline cleanup operations. 8. Disadvantaged or Under-served Community (10 points) Applicants will be required to include supporting documentation (e.g., CalEnviroScreen map outputs, local demographic data, or letters from community organizations) to demonstrate that the proposed project serves a disadvantaged or under-served community. The following criteria will be recognized as indicators of disadvantaged or under-served communities (see grant proposal template for details): Median Household Income CalEnviroScreen 4.0 Free or Reduced-Price School Meals Healthy Places Index Native American Tribal Lands Application Submissions The Clean CA grant program proposal template must be used for submitting the proposal. Ensure that all sections of the template are completed comprehensively and provide sufficient detail to support the evaluation and decision-making process. Local agencies, in collaboration with districts, complete the template and submit comprehensive proposals. Each proposal submitted for consideration must include a letter of support from the Caltrans district that is submitting the proposal. The letter of support should demonstrate the district's endorsement to the proposal. It will serve as evidence of the district's collaboration and partnership with local agencies, ensuring seamless coordination and efficient proposal delivery. The inclusion of the letter will help validate the proposal's feasibility and foster confidence in the successful implementation of the proposal. Outreach and Partnership 52 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 7 | P a g e
District-Level Engagement Caltrans district staff will serve as on-the-ground liaisons to promote the program locally, identify high-need areas, and encourage eligible applicants to submit proposals. District coordinators will collaborate with grant applicants to build partnerships aligned with the program’s objectives. Encouraging Clean California Community Pledges As part of the outreach effort, Caltrans will actively promote the Clean California Community designation pledge, encouraging applicants to take the pledge during the grant application process. The Clean CA Program to provide technical assistance as needed to help communities understand the benefits of designation and complete the pledge requirements. Through strategic outreach and strong partnerships, Caltrans will ensure that the grant program reaches a diverse range of communities and delivers equitable opportunities to participate in the Clean California mission. Selection and Notification 1. Proposal Review and Evaluation:o Clean CA Program reviews all proposals against qualitative evaluation criteria outlined in the guidelines. o Proposals are assessed for alignment with waste management, graffiti mitigation, aesthetics and equity objectives. 2. Proposal Selection: o Clean CA Program selects proposals based on evaluation results and criteria alignment. High-priority proposals that benefit underserved communities are prioritized. 3. Proposal Award Notification: o Clean CA Program notifies Caltrans districts of the selected proposals by email. Districts inform the corresponding local agencies about their grant award. Debriefs will be provided upon request to applicants who were not awarded a grant. 53 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 8 | P a g e
ScheduleMilestone DateProgram Launch & Public Outreach Begins July 1, 2025Grant Guidelines Finalized & Published August 15, 2025 Call for Proposals Opens September 15, 2025Proposal Submission Deadline November 3, 2025Application Review and Scoring November–December 2025Award Notifications Issued January 15, 2026 Grant Agreements Executed February–March 2026Proposal Implementation Period Begins April 1, 2026 Quarterly Progress Check-In (Reporting Due) April 2026-April 2027 Proposal Implementation Period Ends April 1, 2027Final Reports and Closeout Due November 1, 2027Funding Mechanism The funding mechanism for the CCEP proposals involves a restricted grant agreement (RGA) between the Caltrans district and the grant recipient (local agency, including federally recognized tribe) which is a legal mechanism that outlines the terms and conditions of the financial commitments for the awarded grant funding . It serves as a formal contract that establishes the roles and responsibilities of each party in the CCEP proposal. The agreement includes the following elements: Proposal Scope: The RGA defines the scope of the proposal, detailing the specific improvements and enhancements to be undertaken within the local right-of-way. Funding Commitment: It outlines the financial contributions, specifying the amount that Caltrans will provide for the proposal and any in-kind contribution from the grant applicant. Timeline and Milestones: The agreement sets forth a clear timeline for proposal development, implementation, , and completion, including key milestones to be achieved during each phase. Roles and Responsibilities: It outlines the roles and responsibilities of the Caltrans district and the local agency in the proposal's execution, ensuring seamless coordination and cooperation. 54 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 9 | P a g e
Compliance and Reporting: The RGA may include requirements for compliance with relevant regulations, reporting on proposal progress, and any necessary documentation and record-keeping. Dispute Resolution: In the event of any disputes or disagreements, the RGA may outline a mechanism for resolving issues between the Caltrans district and the local agency. Matching Funds / In-Kind ContributionsThe CCEP Grant Program is designed to reduce financial barriers for local agencies, nonprofits, and community-based organizations. As such, no cash match requirement is imposed on applicants. However, applicants are encouraged to identify and document in-kind contributions and other non-state resources that will help maximize the impact of state funds. Eligible In-Kind Contributions may include: Staff time dedicated to project planning, implementation, or coordination. Volunteer labor associated with cleanup events, outreach, or community engagement. Donated materials or equipment used directly in cleanup or beautification activities. Facilities and meeting space contributed for trainings, workforce activities, or project planning. Complementary programs or services provided by partner agencies or organizations that directly support grant objectives. Program Expectations: In-kind contributions are not required to apply for or receive funding. Applicants who provide in-kind support should quantify contributions where possible (e.g., estimated dollar value of staff time, equipment, or materials). In-kind contributions will be considered during proposal evaluation as evidence of community commitment, partnership strength, and project sustainability. Documentation of in-kind contributions should be included in the proposal budget narrative at the time of application and reported during proposal implementation. 55 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 10 | P a g e
Funding DisbursementGrant awards will be issued as reimbursable agreements, not lump sum payments.Reimbursable Basis: Grantees will be required to incur and document eligible expenses up front. Caltrans will then reimburse those expenses upon submission of proper invoices and supporting documentation. Invoicing: Invoices must include receipts, staff time records, or other documentation demonstrating that expenses are consistent with approved Caltrans Division of Local Assistance guidelines/template (Form LAP 5-A). Payment Timeline: Reimbursements will generally be processed within 45 days of receipt of a complete and accurate invoice package. Advance Payments: No advance or upfront lump sum disbursements will be provided under this program. Performance Metrics To ensure accountability and evaluate success, all grantees are required to track and report on key performance metrics aligned with the program’s goals. These metrics will be tracked by grantees on templates provided by Caltrans to help measure the environmental, economic, and social impact of funded activities. Environmental Impact Metrics Volume of litter and debris removed (in cubic yards or pounds with supporting documentation, e.g. weight/dump tickets and before/after photos) Square footage of graffiti abated (before/after photos) Number of litter cleanup events conducted (event attendance sheets and/or event flyers) Number of hard-to-recycle or bulky item collection events held (event attendance sheets and/or event flyers) Workforce Development Metrics Number of individuals employed through workforce programs (with supporting documentation of individuals/crews employed, e.g. payroll logs) 56 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 11 | P a g e
Hours of paid work experience and job training provided (with supporting documentation of individuals paid and training provided, e.g. payroll logs) Demographics of workforce participants (e.g., justice-involved, unhoused, at-risk youth) Number and percentage of participants securing long-term employment post-program Community Engagement Metrics Number of community volunteers engaged (attendance sheets) Number of public outreach events or education campaigns implemented (event flyers / attendance sheets) Clean California Community pledge status and progress toward meeting designation criteria Number of community partnerships established (e.g., schools, businesses, nonprofits) Sustainability and Maintenance Metrics Number of anti-litter infrastructure elements installed (e.g., bins, signage with supporting documentation, e.g. before/after photos) Planned frequency of cleanup and maintenance activities post-grant implementation Plan for ongoing community stewardship and long-term litter prevention practices post-grant implementation Grantees will submit quarterly progress reports and a final close-out report at the end of the implementation period. These reports will summarize accomplishments, challenges, lessons learned, and include supporting documentation such as photographs, volunteer logs, and workforce data. Clean CA Roles/Responsibilities Program Management: Responsible for overall program management and coordination of CCEP proposals statewide. Ensure that proposals align with the CalSTA objectives on climate action and meet the program's guidelines and priorities. 57 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 12 | P a g e
Proposal Selection: Select proposals based on factors such as recognizing underserved communities, high litter areas known challenges for waste management, graffiti, and lack of aesthetic appeal in urbanized districts and local agencies which align with CCEP Program objectives. Proposal Oversight: Provide oversight and guidance throughout the proposal lifecycle. Review proposals, assess their feasibility and alignment with program objectives, and ensure that the proposals adhere to the guidelines and timelines. Technical Assistance: Provide technical assistance to grant applicants and recipients during the proposal planning and implementation phases. Provide expertise and support in areas such as graffiti abatement, employment pathways, litter abatement, beautification, , and climate action. Budget Management: Responsible for overseeing the allocation and management of funds for CCEP proposals. Ensure that budgetary requirements are met and that funds are appropriately allocated to prioritize high-visibility proposals with an urgency to be delivered within their respective districts. Monitoring and Evaluation: Monitor proposal progress, track milestones, and evaluate the effectiveness of implemented enhancements. Assess the impact of CCEP proposals on improving waste management practices, reducing graffiti, and enhancing the aesthetic appeal of local areas . Quarterly Reporting and Documentation: Maintain accurate records of proposal activities, including proposals, RGAs, progress reports, and proposal outcomes. Prepare periodic reports to communicate proposal status, achievements, and challenges to Caltrans leadership. District Roles Partnership Identification Stakeholder Engagement: Engage with local stakeholders, such as city officials, local agency representatives, community organizations, and advocacy groups, to foster partnerships and collaborations. Project Management and Oversight Project Implementation: Monitor and facilitate the implementation of proposals according to the defined scope of work, schedule, and milestones. Communication and Coordination: Maintain regular communication and coordination with partner organizations to address any issues, provide guidance, and track progress. 58 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 13 | P a g e
Performance Evaluation: Conduct periodic evaluations to assess project performance, identify any necessary adjustments, and ensure adherence to objectives and quality standards. Reporting and Documentation Progress Updates: Maintain regular communication with the Clean CA Program on project status, achievements, challenges, and any adjustments made to the scope of work or schedule. Documentation Retention: Ensure proper documentation of all agreements, communication records, project plans, and reports for record-keeping and future reference. Performance Monitoring: Monitor the progress and performance of projects to ensure the allocated funds are being effectively utilized. Reporting: Require regular reporting from local/transit agencies on the implementation and outcomes of the funded projects, including progress updates and evaluation results. Data Collection: Coordinate with partners to collect relevant project data, metrics, and deliverables. Invoice Verification (Reimbursement) Ensure Compliance with RGA: Confirm that submitted invoices align with the terms and conditions outlined in the RGA. Validate Eligible Expenditures: Review costs to ensure they are allowable under program guidelines, e.g., litter abatement, beautification, and employment pathway activities. Confirm Completion of Work: Verify that the work claimed in the invoice has been completed as described, including site visits or photographic documentation if required. Check Supporting Documentation: Ensure that all required backup materials (e.g., receipts, timesheets, contractor invoices) are included and accurate. Monitor Project Progress: Track milestones and deliverables to confirm that the project is on schedule and consistent with the approved scope. Coordinate with Local Agencies: Communicate with grantees to resolve discrepancies, request missing documentation, or clarify unclear charges. 59 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 14 | P a g e
Approve for Reimbursement: Once verified, inform the Clean California Program to proceed with payment processing by Caltrans Accounting. Report and Escalate Issues: Flag any non-compliance, ineligible costs, or incomplete work for further review and potential corrective action. Project Close-out Verification Review Final Deliverables: Confirm that all project components were completed as outlined in the original grant scope and agreement. Verify Documentation Accuracy: Ensure the closeout report includes complete and accurate records, e.g. before/after photos, receipts, payroll logs, and performance metrics. Confirm Use of Funds: Check that all expenditures align with approved budget categories and Clean CA eligibility requirements. Assess Community Impact: Evaluate whether the project met its stated goals (e.g., litter reduction, beautification, job creation) and delivered measurable benefits. Stakeholder Engagement Community Outreach: Engage with local communities to provide updates on project progress, gather feedback, and address any concerns or inquiries related to the urbanized transit projects. Public Awareness: Promote the projects and their benefits to raise public awareness of their benefits, climate action goals, and improvements in active transportation, micro-mobility, and transit station aesthetics. Grant Recipient Responsibilities RGA Development Scope of Work: Collaborate with Caltrans district coordinator to define the scope of work for each proposal, including the specific activities, objectives, and desired outcomes. Schedule and Milestones: Work with Caltrans district coordinator to establish a comprehensive schedule with realistic milestones to ensure completion of all proposals. The schedule should consider proposal complexity, resource availability, and potential challenges that may arise during implementation. Resource Planning: Determine the necessary resources, including funding, personnel, equipment, and materials, required to execute the proposals successfully. 60 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 15 | P a g e
Legal and Administrative Considerations: Ensure that all RGAs and cooperative agreements comply with Caltrans legal requirements and administrative procedures. Proposal Management and Oversight Proposal Implementation: Monitor and facilitate the implementation of proposals according to the defined scope of work, schedule, and milestones. Communication and Coordination: Maintain regular communication and coordination with Caltrans district coordinator to address any issues, provide guidance, and track progress. Performance Evaluation: Conduct periodic evaluations to assess proposal performance, identify any necessary adjustments, and ensure adherence to objectives and quality standards. Reporting and Documentation Progress Updates: Maintain regular communication with the Caltrans district coordinator and Clean CA Program on proposal status, achievements, challenges, and any adjustments made to the scope of work or schedule. Documentation Retention: Ensure proper documentation of all agreements, communication records, proposal plans, and reports for record-keeping and future reference. Performance Monitoring: Monitor the progress and performance of proposals to ensure the allocated funds are being effectively utilized. Quarterly Reporting: Complete quarterly reporting on the implementation and outcomes of the funded proposals, including progress updates and evaluation results. Data Collection: Collect relevant proposal data, metrics, and deliverables. Final Vouchering and Project Close-out Submit Final Documentation: Provide a comprehensive close-out report detailing completed work, expenditures, and outcomes. Include Proof of Completion: Attach visual evidence (e.g., before/after photos), final deliverables, and any required certifications to demonstrate project completion. Provide Financial Reconciliation: Submit a final invoice with itemized costs and supporting documentation to reconcile total grant expenditures. 61 Clean CA Program Community Cleanup and Employment Pathway Grant Program Guidelines 16 | P a g e
Address Scope and Budget Alignment: Confirm that all activities and costs align with the approved project scope and budget in the RGA. Respond to Caltrans Requests: Be prepared to clarify, revise, or supplement the report if requested by Caltrans District Coordinators. Submit Final Voucher Request: Package the close-out report with the final payment request for review and approval by Caltrans. Stakeholder Engagement Community Outreach: Engage with local communities to provide updates on proposal progress, gather feedback, and address any concerns or inquiries related to the urbanized CCEP proposals. Public Awareness: Promote the proposals and their benefits to raise public awareness of their benefits, climate action goals, and improvements in graffiti abatement, employment pathways, litter abatement , and local area aesthetics. In addition, applicants are encouraged to include: Community education campaigns that highlight the impacts of litter, encourage behavior change, and promote responsible waste disposal. Engagement strategies such as school partnerships, volunteer events, and youth training that build long-term stewardship. Collaboration with local businesses to reduce litter at the source (e.g., convenience stores, fast food outlets, or transit hubs). 62 GARDEN GROVE CITY COUNCIL

RESOLUTION NO. XXXX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE TO ACCEPT CLEAN CALIFORNIA LOCAL GRANT FUNDS IN THE AMOUNT OF $ 200,000 AND

AUTHORIZE AGREEMENTS TO IMPLEMENT THE CLEAN CALIFORNIA COMMUNITY CLEAN-UP AND EMPLOYMENT PATHWAY PROGRAM.

WHEREAS, the City of Garden Grove desires to undertake a certain project designated as the Clean California Local Grant Program (Program);

WHEREAS, the City of Garden Grove is eligible to receive funds made available through the California Department of Transportation (Caltrans) administered by the California State Transportation Agency (CalSTA);

WHEREAS, the City needs to execute a Restricted Grant Agreement with Caltrans before such funds can be claimed through the Program;

WHEREAS, the City will administer the Program through the Administration Division;

WHEREAS, the City desires to be reimbursed from the eligible funds for operational and administrative tasks;

WHEREAS, it is necessary to execute Agreements and authorization to enter into extensions if approved by Caltrans;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF GARDEN GROVE:

1. Does hereby authorize the City Manager of the City of Garden Grove , or her designee, to approve and execute all Agreements implementing the Program, including the Restricted Grant Agreement (RGA) with Caltrans in the amount of $200,000, and to execute and submit all other necessary grant documents, including but not limited to applications, agreements, modifications, payment requests, and amendments for the purpose of increasing funding that may be necessary for the completion of the 202 6-27 Program and implementation of the same in subsequent fiscal years.

2. Grant funds received under the Program shall not be used to supplant ongoing law enforcement expenditures.

Adopted this ____ day of April 2026.

63 Item 127/2026

Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: John Montanchez
Dept:

City Manager Dept: Community Services
Date: 4/28/2026

Subject: Approval of an Amendment to the Facility Use Agreement with Orion Sports, LLC for the outdoor hockey rink facility at Chapman Sports Complex. (Action Item)

OBJECTIVE

To request that the City Council approve amendments to extend the term of the Facility Use Agreements with Orion Sports, LLC for the operation of the outdoor hockey facility at Chapman Sports Complex.

BACKGROUND

In 2020, the City Council approved a three -year Facility Use Agreement with Orion Sports, LLC, under the management of Kevin Bever, for the operation of the outdoor hockey rink facility at Chapman Sports Complex, at 11700 Chapman Avenue. The agreement was amended in 2023 for another three-year term.

DISCUSSION

In August 2024, Orion Sports, LLC underwent a change in management, with Allen Ghazarian assuming leadership with the goal of continuing to provide outdoor hockey opportunities for youth and adults, while also expanding a street and ball hockey league at the facility. While there has been a change in management, Orion Sports, LLC has remained a quality tenant at Chapman Sports Complex, consistently maintaining the facility in good condition through capital improvements and meeting all financial obligations without missed payments.

Staff recommends approval of the Second Amendment for Chapman Sports Complex, extending the agreement through April 1, 2029, for a three year term.

FINANCIAL IMPACT

The proposed amendment increases the monthly lease amount from $500 per month to $1,171.87 per month. This increase is based on the square footage rate of the Pioneer Park athletic facility, which is of similar size and offers comparable site amenities. The ra te per square foot is equivalent between Pioneer Park and Chapman Sports Complex. 64 Item 127/2026

RECOMMENDATION

It is recommended that the City Council:
 Approve the Second Amendment to the Facility Use Agreement with Orion Sports LLC. for the operation of the outdoor hockey facility at Chapman Sports Complex, extending the term through April 1, 2029; and

 Authorize the City Manager, or designee, to execute the Amendments to the Facility Use Agreements with Orion Sports LLC on behalf of the City, and make minor modifications as appropriate thereto.

By: Elaine Ma’Ae, Community Services Supervisor

ATTACHMENT(S)

1. Second Amendment to Site License and Use Agreement

65 SECOND AMENDMENT TO

SITE LICENSE AND USE AGREEMENT
(Outdoor Hockey Rink(s) – Chapman Sports Complex – Orion Sports, LLC)

THIS SECOND AMENDMENT TO THE SITE LICENSE AND USE AGREEMENT between the CITY OF GARDEN GROVE, a municipal corporation and Orion Sports, LLC, is made and entered into, to be effective the ___ day of ______, 2026, as follows:

RECITALS

WHEREAS, the City of Garden Grove (“CITY”) and Orion Sports, LLC (“LICENSEE”) entered into the initial Site License and Use Agreement dated March 24, 2020, in which the CITY allowed LICENSEE to operate the outdoor hockey rink facility at Chapman Sports Complex.

WHEREAS, the CITY and LICENSEE entered into that First Amendment to Site License and Use Agreement on July 9, 2024, to extend the term of the Agreement through April 1, 2029, and amend Attachment A depicting the hockey rink facility.

WHEREAS, CITY and LICENSEE mutually desire to amend the Agreement to update the references and contact information pertaining to LICENSEE’s principals, revise the proposal and programming to be provided by LICENSEE, and revise Attachment A depicting LICENSEE’s facilities.

AMENDMENT

NOW, THEREFORE, the Agreement is hereby amended as follows:

1. Section 1, TERM, of the Agreement shall be amended to extend the term until April 1, 2029, and to provide that the parties may negotiate extensions for additional years no later than six months prior to the expiration of the Agreement.

2. Attachment “A” depicting LICENSEE’s outdoor hockey rink facility is hereby replaced with Attachment 1 hereto.

3. Section 2 of the Agreement shall be amended to replace the reference to LICENSEE’s representative from Kevin Bever to Allen Ghazarian.

4. Attachment “B”, LICENSEE’s proposal, referred to in Section 3.2. of the Agreement shall be replaced with Attachment 2 hereto.

5. Section 3.4 pertaining to Utilities is hereby deleted.

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6. Section 10.1 pertaining to Payments by Licensee shall be amended to pay the City one thousand one-hundred seventy-one dollars and eighty-seven cents ($1171.87) per month.

7. Section 29.1 pertaining to notice to LICENSEE shall be amended to read:

a. Address of LICENSEE is as follows:

Allen Ghazarian
2108 N St, Ste N
Sacramento, CA 95816

Except as expressly amended pursuant to this Second Amendment, all other provisions of the Agreement and First Amendment shall remain in full force and effect.

IN WITNESS THEREOF, these parties have executed this Second Amendment to the Facilities Usage Agreement at Garden Grove, California.

CITY OF GARDEN GROVE

By: ______________________
City Manager

ATTEST:

By: ________________________
City Clerk

Approved as to form:

____________________________
Garden Grove City Attorney

ORION SPORTS, LLC.

By: ___________________________
Name: ________________________
Title: _________________________

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

Date:_______________________

Date:_______________________

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ATTACHMENT “1”

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ATTACHMENT “2”

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75 11

76 12

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78 Item 117/2026

Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Samuel Kim
Dept:

City Manager Dept: Public Works
Date: 4/28/2026

Subject: Approval of an Amended and Restated National Pollution Discharge Elimination System Stormwater Permit Implementation Agreement with the County of Orange and Orange County Flood Control District. (Action Item)

OBJECTIVE

To seek City Council approval of the Amended and Restated National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement with the County of Orange (County), Orange County Flood Control District (District) and participating Orange County cities for management and implementation of the National Pollution Discharge Elimination System (NPDES) Stormwater permit.

BACKGROUND

The NPDES Stormwater Permit Implementation Agreement (Agreement) delegates the responsibilities between the County, District and all local cities for compliance with the Santa Ana Regional Water Quality Control Board (SARWQCB) and San Diego Regional Water Quality Control Board NPDES Stormwater Permits. The County is the administrator and permit holder for both NPDES permits, however, north Orange County, includin g Garden Grove, is only subject to the conditions of the SARWQCB NPDES permit.

The original Orange County NPDES Stormwater Permit Implement ation Agreement was executed in 1990 and amended in 1993 and 2002.

DISCUSSION

The proposed revised Agreement updates the 2002 agreement to reflect current regulatory requirements, administrative practices, and programmatic needs. Some of the key provisions of the revised Agreement include the clarification of responsibilities for each jurisdiction for federal and state mandated reporting, monitoring, site inspections and enforcement of Best Management Practices (BMPs) , and engagement with the Orange County City Managers’ Association for strategic input on compliance and funding . Other aspects include updates related to new legislation and an updated collaborative review process for annual operating budgets, and related regional programs.
79 Item 117/2026

FINANCIAL IMPACT

There is no foreseeable fiscal impact to approve the Amended and Restated National Pollution Discharge Eliminatio n System Stormwater Permit Implementation Agreement with the County of Orange and Orange County Flood Control District. The City’s financial contribution will be calculated annually based on its proportional share of land area and population, as outlined in the Agreement.

RECOMMENDATION

It is recommended that the City Council:
 Approve the Amended and Restated National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement with the County of Orange and Orange County Flood Control District; and
 Authorize the Mayor to execute the Agreement.

By: Vince Barnese, Public Works Supervisor – Environmental Section

ATTACHMENT(S)

1. 2002 Implementation Agreement restatement

2. 2026 Amended and Restated NPDES Stormwater Permit Implementation Agreement

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1 AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

STORMWATER PERMIT IMPLEMENTATION AGREEMENT

This AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PERMIT IMPLEMENTATION AGREEMENT (“AGREEMENT”), for purposes of identification numbered [D02-048], and which may be alternatively referred to as the “OC Stormwater Program Implementation Agreement,” is entered into this ____ day of _________, 2026, by the County of Orange, (herein called the COUNTY), the Orange County Flood Control District (herein called DISTRICT) and the cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, La Habra, La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (herein called CITIES).

The COUNTY, DISTRICT, and CITIES may be referred to collectively as PERMITTEES or individually as PERMITTEE, COUNTY, DISTRICT, or CITY, respectively, in this AGREEMENT.

RECITALS
WHEREAS, the United States Congress in 1987, through the Water Quality Act, amended Section 402 of the Clean Water Act (33 U.S.C.A. 1342(p)) to require the United States Environmental Protection Agency (“EPA”) to promulgate regulations for permitting stormwater discharges; and
WHEREAS, EPA regulations require National Pollutant Discharge Elimination System (“NPDES”) permits for discharges from a municipal separate storm sewer system (“MS4”)(herein after called MS4 permits), and further require MS4 permits to include requirements to control pollutants from stormwater discharges; and WHEREAS, in 1927, the Orange County Flood Control Act created the DISTRICT 132

2 to provide for the control of flood and stormwater and protect from damage from those flood or stormwater, the harbors, waterways, public highways, and property within the DISTRICT’s jurisdiction; and
WHEREAS, the powers granted to the DISTRICT include the authority to regulate discharges that threaten to impact its system and carry on technical and other investigations, examinations, or tests of all kinds, making measurements, collecting data, and making analyses, studies, and inspections pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, waste, and contamination of water, both within and without the DISTRICT; and
WHEREAS, the California State Water Resources Control Board (“SWRCB”), as designee of the EPA, has delegated authority to the California Regional Water Quality Control Boards-Santa Ana Region (“RWQCB-SAR”) and San Diego Region (“RWQCB-SDR”)(collectively, the RWQCBs) for administration of MS4 permits within the boundaries of their regions; and
WHEREAS, the COUNTY, DISTRICT, and CITIES are PERMITTEES under MS4 permits issued by the RWQCBs; and
WHEREAS, the RWQCBs have designated the COUNTY as the Principal PERMITTEE or Principal Watershed Co-permittee, as defined in the MS4 permits; and WHEREAS, the COUNTY, the DISTRICT and the CITIES previously entered into that certain agreement entitled National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement D90-094, on December 18, 1990, which was subsequently amended on October 26, 1993 by Amendment No. 1 and then on June 25, 2002 (the December 18, 1990 Agreement as Amended by Amendment No. 1 and the June 25, 2002 amendment will be referred to collectively hereinafter as the ORIGINAL AGREEMENT), to cooperatively develop, and did thereunder develop, an integrated stormwater runoff management program with the objective of fulfilling MS4 permit requirements and improving water quality in Orange County (program 133

3 referred to herein as the “OC Stormwater Program”); and WHEREAS, Section X of the ORIGINAL AGREEMENT provides that the ORIGINAL AGREEMENT may be amended by consent of a majority of the PERMITTEES which represent a majority of the percentage contributions as described in Section IV of the ORIGINAL AGREEMENT; and
WHEREAS, continued cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly implement the OC Stormwater Program to fulfill prior, new, and potential future MS4 permit requirements, to the extent feasible, is in the best interests of the CITIES, the COUNTY, and the DISTRICT; and WHEREAS, the PERMITTEES now desire to restate and amend the ORIGINAL AGREEMENT, as reflected and set forth in this AGREEMENT.

NOW, THEREFORE, the PERMITTEES do mutually agree as follows:

I. FILING STATUS

The COUNTY, the DISTRICT, and each CITY have filed applications for MS4 permits as PERMITTEES. The COUNTY, the DISTRICT and each CITY is a PERMITTEE under each MS4 permit to which they are subject.

II. INCORPORATION OF FEDERAL GUIDELINES

All applicable federal and state water quality regulations and guidelines under the Federal Clean Water Act, as presently written or as changed during the term of this AGREEMENT, are hereby incorporated by reference and made a part of this AGREEMENT and take precedence over any inconsistent terms of this AGREEMENT.

III. DELEGATION OF RESPONSIBILITIES

The responsibilities of each of the parties shall be as follows:

A. The COUNTY shall be the administrator of the OC Stormwater Program and, on a cost-shared basis, perform the following functions:

1. Annual operating budgets.

a. Prepare the annual operating budget (“annual operating budget”), which shall include a work plan and associated financial plan and 134

4 budget. The annual operating budget is intended to provide for all programmatic functions and associated costs of the OC Stormwater Program, as outlined in this AGREEMENT and as generally described in Section V.A. Annual operating budgets and work plans may be based on RWQCB region (i.e., Santa Ana Region versus San Diego Region). The budget year shall coincide with the COUNTY's fiscal year, July 1 – June 30.
b. Consult with the Stormwater Program Representatives (as defined in Section III.C.8) when preparing annual operating budgets and major program elements therein.
c. A draft of the annual operating budget may be prepared for the PERMITTIES for review by February 15 each year. Annual operating budgets shall be submitted to the PERMITTEES for consideration and approval by May 15 of each year. Individual CITY approval shall be obtained from each CITY’s city manager or designee thereof by July 30 of each year. CITY manager designations for annual operating budget approval shall be provided in writing to the County and shall remain in effect until revoked in writing by the CITY’s city manager. An annual operating budget shall be deemed approved and adopted for the OC Stormwater Program by affirmative responses from PERMITTEES which represent a majority (50% or greater) of both the area and population percentage contribution as calculated in accordance with Section V.A (method for calculating approval percentage referred to as “Majority Approval”). The COUNTY and the DISTRICT shall represent one voting PERMITTEE with their percentage contribution equal to the total of the COUNTY and the DISTRICT as described in Section V.A. d. An approved and adopted annual operating budget shall not be 135

5 exceeded without prior Majority Approval of the PERMITTEES.

2. Project or watershed-specific sub-budgets.
a. In coordination with the PERMITTEES, prepare project-specific and/or watershed-specific budgets and associated work plans (collectively, “sub-budget(s)”) for the design of water quality projects and/or responding to RWQCB enforcement orders and/or other orders (e.g., California Water Code 13267 or 13383 orders). b. Sub-budgets shall be prepared and proposed on an as-needed basis, at the discretion of the COUNTY, or as requested by interested PERMITTEES, subject to concurrence of the COUNTY.
c. Each PERMITTEE willing to participate in a sub-budget will confirm participation to the COUNTY in writing. A PERMITTEE who confirms participation in a sub-budget shall be referred to herein as “PARTICIPATING PERMITTEE(s).” Sub-budgets will be subject to unanimous approval by all PARTICIPATING PERMITTEES, except that where a Participating Permittee fails to vote to approve a proposed sub-budget, such failure shall be deemed a withdrawal from the sub-budget and the withdrawing PERMITTEE shall no longer be considered a PARTICIPATING PERMITTEE and shall have no obligation to pay for or participate in the sub-budget. d. Project elements that go beyond design (e.g., construction, operation, and maintenance) shall not be provided for in sub- budgets and, instead, are subject to separate agreement between the Participating Permittees.

3. Represent the OC Stormwater Program in reviews of documents, comments, and discussions with EPA, SWRCB, and RWQCBs and/or other resource agencies regarding MS4 permit requirements and related policies, programs, and regulations. The COUNTY shall timely notify the 136

6 PERMITTEES of any decision reached during these discussions that, in the determination of the County, substantially impacts the OC Stormwater Program.

4. Implement approved annual operating budgets and sub-budgets.

5. Working in collaboration with PERMITTEES, prepare and submit regional compliance reports as the Principal PERMITTEE, as required under the MS4 permits, and/or as designated in the approved workplans.

6. Implement the regional monitoring and reporting program elements from approved workplans for the MS4 permits, including, but not limited to, tasks to monitor and measure the effectiveness of Best Management Practices (“BMPs”). This may include monitoring and modeling.

7. Obtain, as may be required by the annual operating budget and/or sub- budgets approved pursuant to this AGREEMENT, professional services, including, but not limited to, scientific, engineering, environmental, economic, and/or legal consultants to provide technical assistance for the work associated with the OC Stormwater Program. This work may include, but is not limited to, the preparation of technical or economic studies, legal analysis, watershed management plans, stormwater runoff management plans, water quality improvement plans, modeling, reasonable assurance demonstrations/reasonable assurance analyses, monitoring plans, technical reports, municipal staff training activities, and the design of structural and non-structural BMPs and strategies to prevent and/or reduce pollutants in stormwater runoff. Contracts for professional services to be funded under this AGREEMENT shall be made in conformance with the COUNTY’s procurement policies, and, to the extent there is no conflict, the following:
a. The COUNTY shall make efforts to stagger the date of issuance of new contracts for professional services, so that PERMITTEES may 137

7 better absorb increases in consultant fee rates.
b. For contracts for professional services that would require approval by the Orange County Board of Supervisors (as determined within the sole discretion of the COUNTY), one Stormwater Program
Representative for every two designees of the COUNTY shall be allowed to participate in any panel formed for the purpose of evaluating responses to Requests for Proposals or similar competitive solicitations submitted by potential consultants. Where any contract subject to this provision is to be extended beyond the initial term, the COUNTY shall request feedback from the Stormwater Program Representatives, regarding the consultant’s performance, prior to executing the extension. This process shall in no way impinge upon or limit the COUNTY’s discretion to enter into, amend, extend, renew, or cancel any contract for professional services for the OC Stormwater Program.
c. The COUNTY shall notify the PERMITTEES of any changes in the COUNTY’s procurement policies that significantly affect the thresholds for competitive procurement, scoring, or selection processes for contract services.

8. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities within the unincorporated areas of the County, at no cost to the CITIES.

9. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities on County-owned property used for COUNTY governmental purposes (i.e., property used for governmental functions) and located within a CITY, at no cost to the CITIES. For purposes of this section, the regional facility known as Dana Point Harbor shall be considered a County- owned property used for governmental purposes.
138

8 a. To avoid confusion in the implementation of each party’s facility inspection programs, the COUNTY shall provide a list of those facilities, buildings and properties that it owns and are located within other jurisdictions (i.e. non- unincorporated properties) that the COUNTY has decided to monitor and regulate pursuant to this Section III.A .9. The County further agrees to notify the affected PERMITTEE of changes to the status of a facility.

B. The DISTRICT shall, on a cost-shared basis, except as set forth in subparagraph 2 below:

1. Perform or cause to be performed the water quality and hydrographic monitoring for compliance with MS4 permits and/or in accordance with RWQCB-approved monitoring plans and/or in the approved workplans.

2. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities located on District-owned and controlled property that is used for governmental purposes, at no cost to the CITIES.

3. Undertake or cause to be undertaken all activities required of the CITIES in Section III.C and applicable to the District.

C. The CITIES, at no cost to the Counties and the District, shall:

1. Implement a facility inspection program for its MS4 facilities, as required by the MS4 permit(s) and within the jurisdictional boundaries of that CITY.

2. Submit to the COUNTY storm drain system maps and/or data describing the type and location of its MS4 facilities with periodic revisions that reflect any modifications made as a result of land
development/redevelopment. If possible, information shall be submitted as geographical information system (“GIS”) data.

3. Support the COUNTY in the preparation of watershed characterizations and catchment prioritization efforts, including, but not limited to, by:
139

9 a. Identifying applicable zoning and land use designations. b. Identifying areas where sources of specific pollutants are known.

4. Upon COUNTY request, review, comment on, consider approval of, and, if approved, implement regional strategies to prevent and reduce pollutants in stormwater runoff.

5. Implement an illegal discharge detection and elimination program as required by the MS4 permit(s) to which the CITY is subject. Demonstrate adequate legal authority to control discharges to its MS4 facilities as may be required by the relevant MS4 permit(s) to which the CITY is subject.

6. Provide, as requested by the COUNTY, copies of the CITY’s jurisdictional reports, data, and any other information (in formats requested by the COUNTY, where such formats are reasonably available) to satisfy requirements in MS4 permits or other orders issued by a Regional Board or the State Board, to which the CITY is subject, provided the CITY has not otherwise challenged such order, and such challenge has not been resolved.

7. Participate in meetings convened by the COUNTY and respond to requests for information from the COUNTY, intended to obtain PERMITTEE input on matters related to this AGREEMENT and the implementation of the OC Stormwater Program.

8. Designate primary and secondary Stormwater Program Representative for matters related to this AGREEMENT and the implementation of the OC Stormwater Program. Designations shall be made by each CITY’s city manager, or designee, in writing to the COUNTY. Each designation shall remain in effect until revoked by the CITY’s city manager or designee.

Stormwater Program Representatives are intended to provide subject matter input and facilitate communication between the COUNTY and each CITY. For purposes of this AGREEMENT, a Stormwater Program 140

10 Representative will not be deemed to have the authority to approve annual operating budgets on behalf of a CITY, as required in Section III.A.1, unless expressly stated in the written designation provided to the COUNTY.

D. In the unincorporated areas of the COUNTY, the COUNTY shall, at no cost to the CITIES or the DISTRICT, undertake or cause to be undertaken all activities required above of the CITIES in Section III.C that are not responsibilities of the DISTRICT as outlined in Section III.B.

IV. Orange County City Manager Association Engagement

A. In lieu of the activities of the Technical Advisory Committee under the ORIGINAL AGREEMENT, the COUNTY shall endeavor to create a working relationship with the Orange County City Manager Association (“OCCMA”) or a sub-group thereof, to address issues such as MS4 permit requirements, MS4 permit compliance methods, and funding needs and strategies to facilitate regional and/or watershed-based, multi-jurisdictional project efforts.

B. At its discretion, the COUNTY, in coordination with the PERMITTEES as set forth in this AGREEMENT, may implement recommendations (or parts thereof) that OCCMA may give on OC Stormwater Program matters, including, but not limited to, potential strategies for compliance with current and anticipated future MS4 permit requirements; funding strategies and options for MS4 permit compliance efforts; and OC Stormwater Program budgeting.

Recommendations that would result in unbudgeted costs shall be subject to Majority Approval of the PERMITTEES pursuant to III.A.1.d.

C. Under no circumstances shall this Section be interpreted as a replacement or substitute for any other responsibility of CITIES or the COUNTY under this Agreement. At the COUNTY’s discretion, the Director of OC Public Works may enter into a memorandum of understanding with OCCMA to facilitate 141

11 procedures for OCCMA engagement under this Section. Under no circumstances shall this provision be interpreted to require any written agreement between the COUNTY and OCCMA.

V. PROGRAM COSTS

A. Annual Operating Costs.

Where not otherwise funded, the annual operating budget, including all costs of equipment, goods, COUNTY services (including, but not limited to, applicable COUNTY and COUNTY’S departmental overhead), and all professional services costs incurred by the COUNTY, and any cost of the MS4 permits, as determined by the COUNTY in its role as administrator of the OC Stormwater Program, shall be a shared cost and allocated among the COUNTY, DISTRICT, and CITIES, and paid for as follows:

Participants Percentage Contribution
DISTRICT 10
CITIES + COUNTY 90
The individual percentage contributions from each CITY and the COUNTY shall be functions of their respective dry land areas and population relative to those of the entire County of Orange. Each area shall be calculated as one-half of the sum of the area and population fractions, multiplied by 90%. National forests, state parks, airports, landfills, oceans, harbors, tidal bays, and active military installations shall be excluded from area calculations (Exhibit A-1). The contribution of the COUNTY shall be calculated from unincorporated areas and their respective populations. Should any external or alternative sources of funding become available, those funds may be directly applied to the appropriate budget(s) before the shared cost percentages are applied to the PERMITTTEES or credited to a subsequent budget.
142

12 Share in percent for jurisdiction #1= {(X1/Xtot) + (Y1/Ytot)}/2 x (90)

X = area

Y = population

tot = total population or area

90 = total percentage excluding the DISTRICT’s contribution

The percentage share shall be calculated by the COUNTY from population and area data. The population data shall be the most recent annual population estimates produced by the California Department of Finance, and area is based on the most recent OC Public Works survey data available to the COUNTY. Percentage share calculations shall be updated by May of each budget year for the budget year following and shall be included in annual operating budget proposals. Annual operating budget proposals shall be prepared based on the following percentage share computation methods, as applicable, and subject to exclusions in Exhibit A-1:

1. Countywide costs will be calculated as described in the process and formula above and subject to Exhibit A-1 for the entire group of PERMITTEES.

2. Regional costs, specific to only one RWQCB permit (Santa Ana Region and San Diego Region), will be calculated based on the process and formula above for PERMITTEES within the respective permit geographic area. For PERMITTEES that have jurisdiction in both permit regions, the regional costs will be based on the land area and prorated population for that permit geographic area.

3. Sub-budgets shall be based on the PARTICIPATING PERMITTEES and their corresponding area and prorated population total within the geographic area subject to the specific sub-budget.

4. In the event of a regulatory directive issued to PERMITTEES requiring amendment of any approved budget, the COUNTY shall provide immediate 143

13 notice to the included PERMITTEES and hold discussions with respect to responding to the directive and funding the immediate response. Such budget amendments shall be subject to the Majority Approval referenced in Section III.A.1.d.

5. If at any time during a budget year costs exceed the sum of the deposits for any approved budget, and prior Majority Approval for such exceedance has been obtained, the COUNTY shall submit invoices to the involved PERMITTEES to recover the deficit. The share for each PERMITTEE shall be prorated according to the formula that was initially used to apportion budget costs. Each CITY shall pay the invoice within 45 calendar days of the billing date.

6. If at any time costs exceed the sum of the deposits for any approved budget, the COUNTY may propose a budget increase and request payment by the PERMITTEES, and PERMITTEES shall pay such amount, provided the budget increase is approved in accordance with sections III.A.1.c-d or III.A.2.c of this Agreement, as may be applicable. Until such approval is obtained and sufficient deposits received, the COUNTY may, at its sole discretion, cease carrying out approved budget components so as to limit or not incur costs in excess of deposits. Nothing in this AGREEMENT shall be construed as requiring PERMITTEES to approve budget increases.

7. The COUNTY shall prepare a budget year-end accounting within 120 calendar days of the end of the budget year and present the same to the involved PERMITTEES for review. If the budget year-end accounting results in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits shall carry forward to reduce the obligation of the PERMITTEES for the following budget year and prorated to the CITIES consistent with the cost-sharing population and area data 144

14 calculation above.

8. The COUNTY shall invoice each CITY for its annual share of each approved budget by November 30 of each budget year. Each CITY shall pay their deposit(s) within 45 calendar days of the billing date or within 45 calendar days of November 30, whichever is later. Each CITY’S deposit(s) shall be based on their prorated share(s) of the approved budget(s), reduced for any carry forward amount identified in the prior budget year-end accounting.

9. The COUNTY shall hold each CITY’s annual share of each approved budget in interest-bearing accounts and credit interest earned on each CITY’s annual share against each CITY’s share of the approved budget costs.

The COUNTY shall maintain records regarding interest earned and credited on each CITY’s annual share and provide the same to the CITIES within 120 calendar days of the end of the budget year.

10. Upon termination of this AGREEMENT, a final accounting shall be performed by the COUNTY and presented to the PERMITTEES for review. If the sum of the deposits exceeds the costs, the COUNTY shall reimburse to each CITY its prorated share of the excess, within 120 calendar days of the final accounting.

VI. LIFE OF THE AGREEMENT

The term of this AGREEMENT shall be indefinite, unless amended or terminated in accordance with this AGREEMENT.

VII. ADDITIONAL PARTIES

Any CITY which becomes incorporated after the effective date of this AGREEMENT, or requests to become a party to this AGREEMENT after previously withdrawing pursuant to Section VIII, shall be eligible to become a party to this AGREEMENT, subject to Majority Approval. In approving adding additional cities to this AGREEMENT, the PERMITTEES may 145

15 require such conditions of the added cities as they determine necessary or advantageous. The date of initiation, for determining costs for newly incorporated cities, shall be the date of incorporation. The costs for adding additional cities to this AGREEMENT and OC Stormwater Program including, but not limited to, permit and processing fees, as well as administrative costs incurred by the COUNTY and costs to reimburse the existing PERMITTEES for unreimbursed costs related to a previous withdrawal (if applicable), shall be calculated by the COUNTY, approved by Majority Approval of the PERMITTEES and, thereafter, invoiced by the COUNTY and paid by the added city(ies) within 45 calendar days of the billing date. Monies to be reimbursed to the existing PERMITTEES shall carry forward to reduce the billings for the following budget year.

VIII. WITHDRAWAL FROM THE AGREEMENT

A CITY may withdraw from this AGREEMENT by providing at least 60 calendar days written notice to the COUNTY. The COUNTY shall notify the PERMITTEES within 10 business days of receipt of any withdrawal notice. Neither the COUNTY nor any PERMITTEE shall be responsible for advising the withdrawing CITY of the legal, regulatory, or programmatic effects of withdrawing, nor have any continuing responsibility to the withdrawing CITY upon the effective date of the withdrawal. The withdrawing CITY shall be solely responsible for any costs the withdrawing CITY may incur related to its withdrawal, including, but not limited to, penalties assessed by RWQCBs, and or other resource agencies (e.g., EPA, CDFW, etc.) in connection with or related to its withdrawal. In addition, withdrawal shall constitute forfeiture of any deposits on hand from the withdrawing CITY, for the budget year in which the withdrawal is effective. If the effective date of a withdrawal is within 60 calendar days of the beginning of any budget year, the withdrawing CITY shall be responsible for paying its annual 146

16 share for the upcoming budget year as if it were still a PERMITTEE participating in this AGREEMENT but shall be eligible to receive a credit for any prospective carry forward amount of such annual share as may be contemplated by this AGREEMENT. The cost allocations to the remaining PERMITTEES participating in this AGREEMENT shall be recalculated and collected and/or credited as necessary in the budget year following the effective date of the withdrawal.

IX. NON-COMPLIANCE WITH PERMIT OR ORDER REQUIREMENTS

Each PERMITTEE shall remain solely responsible for its own acts and omissions with respect to compliance with requirements of an MS4 permit or other order of the RWQCBs or SWRCB to which it may be subject, and nothing herein shall be deemed to waive, release, or transfer any such responsibility to any other PERMITTEE. Nothing in this AGREEMENT shall be construed as an assumption by any PERMITTEE of any liability or obligation of another PERMITTEE, whether past, present, or future.

X. LEGAL ACTION/ COSTS/ ATTORNEY FEES

In the event of legal action to enforce any provision of this AGREEMENT, each party shall bear its own attorneys’ fees and costs, and no party shall seek to recover the same from any other party through litigation or other legal proceedings.

XI. AMENDMENTS TO THE AGREEMENT

This AGREEMENT may be amended with Majority Approval. The COUNTY and the DISTRICT shall represent one voting PERMITTEE with their percentage contribution equal to the total of the COUNTY and the DISTRICT as described in Section V. No amendment to this AGREEMENT shall be effective unless it is in writing and signed by the duly authorized representatives of the COUNTY and the required Majority Approval of PERMITTEES.

XII. NOTICES

147

17 All notices required under Section VIII shall be deemed duly given if delivered by hand (with written confirmation of receipt); via electronic mail (with confirmation of transmission); or three (3) days after deposit in the U.S. Mail, postage prepaid.

XIII. GOVERNING LAW

This AGREEMENT shall be governed and construed in accordance with laws of the State of California. If any provision or provisions of this AGREEMENT is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not any way be affected or impaired hereby.

XIV. CONSENT TO BREACH NOT WAIVER

No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the duly authorized representative of the PERMITTEE to have waived or consented.

Any consent by any PERMITTEE to, or waiver of, a breach by the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.

XV. APPLICABILITY OF PRIOR AGREEMENTS

This AGREEMENT restates and amends the provisions in prior agreements and constitutes the entire AGREEMENT between the PERMITTEES with respect to the subject matter. All prior agreements, representations, statements, negotiations, and undertakings are superseded hereby.

XVI. EXECUTION OF THE AGREEMENT

This AGREEMENT may be executed in counterparts, and the signed counterparts shall constitute a single instrument. The parties agree that this AGREEMENT may be executed and delivered by electronic means, including via email or electronic signature platforms (e.g., DocuSign, Adobe Sign), and that such electronic signatures shall be deemed to have the same legal 148

18 effect as original signatures. Each party agrees that electronically signed documents shall be valid, enforceable, and admissible in any legal proceeding to the same extent as a manually signed original.

XVII. NO WAIVER OF PRIVILEGE AND/OR WORK PRODUCTION PROTECTION

Notwithstanding anything in this Agreement to the contrary, nothing in this AGREEMENT shall require a party to release or provide information (including any reports, communications, data, etc.) that has been deemed by that party to be subject to the attorney-client privilege, attorney work product doctrine, or any other relevant privilege and protection, including, but not limited to, any reports or information generated by a party’s consultant that was prepared in consultation with, or at the direction of, such party’s attorney or counsel of record. Nothing in this AGREEMENT shall prohibit the parties hereto from entering into future agreements, including joint defense agreements, common interest agreements, or other similar agreements to share such privileged or protected information subject to the terms and conditions of such an agreement.

149

19 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the dates opposite their respective signatures:

ORANGE COUNTY FLOOD CONTROL DISTRICT
A body corporate and politic

By
Chairman of the Board of Supervisors

COUNTY OF ORANGE
A body corporate and politic

Date: By
Chairman of the Board of Supervisors

SIGNED AND CERTIFIED THAT A COPY OF THIS

AGREEMENT HAS BEEN DELIVERED TO THE

CHAIRMAN OF THE BOARD

Date: By

ROBIN STIELER
Clerk of the Board of Supervisors of
Orange County, California

APPROVED AS TO FORM COUNTY COUNSEL

ORANGE COUNTY, CALIFORNIA

By Julia Woo, Senior Deputy

Date:

///

///

///
150

20 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF ALISO VIEJO
Date: ______
ATTEST:

City Clerk
151

21 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF ANAHEIM
Date: ______
ATTEST:

City Clerk
152

22 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF BREA
Date: _________________________
ATTEST:

City Clerk
153

23 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF BUENA PARK
Date: ______
ATTEST:

City Clerk
154

24 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF COSTA MESA
Date: _____
ATTEST:

City Clerk
155

25 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF CYPRESS
Date: ______
ATTEST:

City Clerk
156

26 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF DANA POINT
Date: ______
ATTEST:

City Clerk
157

27 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF FOUNTAIN VALLEY
Date: ______
ATTEST:

City Clerk
158

28 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF FULLERTON
Date: ______
ATTEST:

City Clerk
159

29 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF GARDEN GROVE
Date: ______
ATTEST:

City Clerk
160

30 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF HUNTINGTON BEACH
Date: ______
ATTEST:

City Clerk
161

31 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF IRVINE
Date: ______
ATTEST:

City Clerk
162

32 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF LA HABRA
Date: ______
ATTEST:

City Clerk
163

33 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF LA PALMA
Date: ______
ATTEST:

City Clerk
164

34 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF LAGUNA BEACH
Date: ______
ATTEST:

City Clerk
165

35 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF LAGUNA HILLS
Date: ______
ATTEST:

City Clerk
166

36 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF LAGUNA NIGUEL
Date: ______
ATTEST:

City Clerk
167

37 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF LAGUNA WOODS
Date: ______
ATTEST:

City Clerk
168

38 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF LAKE FOREST
Date: ______
ATTEST:

City Clerk
169

39 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF LOS ALAMITOS
Date: ______
ATTEST:

City Clerk
170

40 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF MISSION VIEJO
Date: ______
ATTEST:

City Clerk
171

41 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF NEWPORT BEACH
Date: ______
ATTEST:

City Clerk
172

42 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF ORANGE
Date: ______
ATTEST:

City Clerk
173

43 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF PLACENTIA
Date: ______
ATTEST:

City Clerk
174

44 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF RANCHO SANTA MARGARITA
Date: ______
ATTEST:

City Clerk
175

45 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF SAN CLEMENTE
Date: _____
ATTEST:

City Clerk
176

46 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF SAN JUAN CAPISTRANO
Date: _____
ATTEST:

City Clerk
177

47 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF SANTA ANA
Date: ______
ATTEST:

City Clerk
178

48 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF SEAL BEACH
Date: ____
ATTEST:

City Clerk
179

49 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF STANTON
Date: ______
ATTEST:

City Clerk
180

50 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF TUSTIN
Date: ______
ATTEST:

City Clerk
181

51 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF VILLA PARK
Date: ______
ATTEST:

City Clerk
182

52 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF WESTMINSTER
Date: ______
ATTEST:

City Clerk
183

53 By:

Mayor

APPROVED AS TO FORM:

City Attorney

CITY OF YORBA LINDA
Date: ______
ATTEST:

City Clerk
184

54 EXHIBIT A - 1

DRY LAND AREA DEDUCTED FROM JURISDICTIONS

Landfills Jurisdiction

Olinda

County
Santiago County
Prima Deschecha County
Bee Canyon County
Coyote Canyon County
State Parks
Bolsa Chica State Beach* Huntington Beach
Chino Hills State Park County
Corona Del Mar State Beach Newport Beach
Crystal Cove State Park** County
Doheny State Beach Dana Point
Huntington State Beach Huntington Beach
San Clemente State Beach San Clemente
Airports
Fullerton Fullerton
John Wayne County
Military facilities

Joint Forces Training Base - Los Alamitos Los Alamitos
Former MCAS Tustin*** Tustin
Seal Beach Naval Weapons Station**** Seal Beach
National Forests
Cleveland National Forest County

*Includes Bolsa Chica Ecological Preserve
**Includes Laguna Laurel Ecological Preserve
***Active military areas
****Includes Seal Beach National Wildlife Refuge

185
Item 132/2026

Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Samuel Kim
Dept:

City Manager Dept: Public Works
Date: 4/28/2026

Subject: Approval of an Agreement with the Municipal Water District of Orange County for participation in Water Loss Control Shared Services and Technical Assistance Programs. (Cost: Not to exceed $80,379)(Action Item)

OBJECTIVE

To receive City Council approval for a renewed ten -year agreement (Agreement) with the Municipal Water District of Orange County (MWDOC) for the City’s continued participation in Water Loss Control Shared Services and Technical Assistance Programs.

BACKGROUND

State law, including requirements administered by the State Water Resources Control Board (SWRCB), increasingly mandates that water agencies demonstrate active water loss control efforts. Senate Bill (SB) 1420 and SB 555 require water a gencies to prepare a nd submit a validated water loss audit annually to the California Department of Water Resources (DWR).

SB 555 also require s water agencies to comp ly with supplier -specific water loss targets beginning in 2028. The City lacks the technical expertise needed to prepare for and comply with these requiremen ts. The City previously entered into a cost-sharing agreement with MWDOC, a public agency that provides wholesale water supply and related services to member age ncies throughout Orange County. This Agreement is a continuation of the previous contract, which supports the City's compliance with state water loss regulations and reporting obligations.

As part of its service offerings, MWDOC administers Water Loss Control (WLC) Choice Services, which allow participating member agencies to achieve economies of scale through cost-sharing and coordinated program management. The City is a MWDOC member agency and has historically participated in several of MWDOC's WLC programs s ince 20 15. This Agreement consolidates and continues th e City’s participation under a unified umbrella framework covering both Shared Services (Addendum A) and Technical Assistance provided by E Source Companies, LLC (Addendum B).

186
Item 132/2026

DISCUSSION

The Agreement is an umbrella agreement with a ten-year term (July 1, 2026 – June 30, 2036). It does not obligate the City to a fixed scope of services for the entire term. Instead, the City selects specific services annually through Election Forms (Addenda A and B), which are updated each fiscal year. The City may adjust, add, or remove services at the start of each new fiscal year and may terminate the Agreement with 30 days' written notice.

MWDOC manages all contractor and consultant relationships, administers payments, and provides annual financial accounting. The City pays only for services it requests and receives.

FINANCIAL IMPACT

The total cost of elected WLC Choice Services for Fiscal Year 2026 –2027 is summarized in the table below. Shared Services detailed in Addendum A will total $45,659, after application of $5,325 in rollover credits from the prior fiscal year. Technical assistance tasks listed in Addendum B will total $34,720.

Service Category Amount
Addendum A – Shared Services $45,659
Addendum B – Technical Assistance $34,720
TOTAL $80,379

This program will be funded from the Water Enterprise Fund. There is no impact on the General Fund. Future-year costs are subject to annual election and will be presented to the City Manager or City Council for approval, depending on purchasing thresholds.

RECOMMENDATION

It is recommended that the City Council:
 Approve a ten-year Water Loss Control Participation Agreement with MWDOC for the City’s participation in Water Loss Control Shared Services and Technical Assistance Programs;
 Authorize the City Manager , or designee, to execute the agreement and amendments on behalf of the City , and to make minor modifications as appropriate thereto; and
 Authorize the Finance Director, or designee, to approve payments to MWDOC to participate in the WLC Shared Services and Technical Assistance Programs for Fiscal Year 2026-27, in the amount not to exceed of $80,379.

By: Samuel Kim, P.E., Public Works Director

187
Item 132/2026

ATTACHMENT(S)

1. MWDOC Water Loss Control Participation Agreement

2. Addendum A - Water Loss Control Shared Services Election Form (Fiscal Year 2026- 2027)

3. Addendum B - Water Loss Control Technical Assistance Tasks Form (January 1, 2026 through June 30, 2027)

188
1 WATER LOSS CONTROL PARTICIPATION AGREEMENT

This Water Loss Control Participation Agre ement (“Agreement”) is made and effective as of the 1
st day of July 2026, by and between the Municipal Water District of Orange County (“MWDOC”) and ____________________________ (“Participating Agency”). MWDOC and Participating Agency may be collectively referred to as “Parties” and individually as a “Party.”

RECITALS

A. MWDOC offers its member agencies (“Me mber Agencies”) the benefits of certain programs known as choice services, that they may elect to participate in (“Choice Services”). These Choice Services provide cost-sharing and shared services components that allow a Participating Agency to obtain economies of scale and save money. If a Member Agency elects to receive certain Choice Services, the Participating Agency executes an agreement with MWDOC that sets forth the terms and conditions for those Choice Services.

B. With input from its Me mber Agencies, MWDOC previously prepared a Water Loss Control Shared Services Business Plan, which proposed five water loss control shared services (“Shared Services”) to be provided to Member Agencies by MWDOC staff and, as necessary and as determined by MWDOC, by third-party vendors/contractors (“Contractor or Contractors”).

C. MWDOC also entered into a professi onal services agreement with E Source Companies, LLC (“Consultant” or “E Source”) for E Source to provide Water Loss Control Technical Assistance (“Technical Assistance”) to Member Agencies (“Consultant Agreement”).

D. The purpose of this Water Loss Control Part icipation Agreement is to create a unified agreement between MWDOC and Participating Agency that combines all of the water loss control Shared Services and Technical Assistance programs (“Programs”) into one agreement. Addenda to this Agreement will be issued annually.

E. Participating Agency may elect which of the Shared Services and/or Technical Assistance (jointly referred to as WLC Services), if any, it wishes to receive from MWDOC by completing annual election forms (“Election Forms”). The Election Forms include the selected tasks, total required payments and costs, and any additional information and/or requirements specific to each Participating Agency. The annual Election Forms may also be used to tailor the types and amounts of WLC Services that each Participating Agency will receive, as well as the costs. The Election Forms are attached as Addenda A and B to this Agreement.

F. At the end of each year, t he Participating Agency may change the WLC Services that it elects to receive for the following year by completing the annual Election Forms under this Agreement.

City of Garden Grove
189
2 G. The Parties desire to enter into this Agreement, whereby the Participating Agency elects to receive, on the terms and conditions described herein, the water loss control shared services provided by MWDOC.

NOW THEREFORE, in consideration of the promises and covenants hereinafter set forth, the Parties do agree as follows:

TERMS

1. Scope of Services. MWDOC will provide th e Participating Agency with the water loss control Shared Services and Technical Assistance identified in the Election Forms attached hereto as Addenda A and B. The actual scheduling of Shared Services and/or Technical Assistance shall be done only upon request of the Participating Agency. The Parties agree that MWDOC may provide the WLC Services by utilizing MWDOC staff or Contractors as determined by MWDOC.

2. Term of Agreement. This Ag reement will be effective on July 1, 2026, and shall terminate on June 30, 2036 (“Term”)

3. Administration of Consultant and Contract ors. MWDOC will provide project management assistance regarding all Contractors and the Consultant, which includes working closely with and managing Contractors and Consultant to ensure compliance with any agreements, facilitating interactions between the Participating Agency and Consultant and/or Contractors, and communicating regularly with the Participating Agency regarding the Shared Services and/or Technical Assistance, as needed.

3.1. MWDOC shall make payments to any Contractor and/or Consultant on a time and materials basis.

3.2. Participating Agency shall provide all documents, information, and assistance requested by any Contractor and/or Consultant during the performance of the WLC Services.

3.3. Addenda A and B are incorporated into this Agreement by reference and include separate attachments for Participating Agencies that include the selected tasks, total required payments and costs, and any additional information and requirements that are specific to each Participating Agency.

3.4. Addenda A and B may be updated as Member Agencies execute this Agreement and become Participating Agencies or pursuant to mutual agreement between a respective Participating Agency and MWDOC.

4. Annual Election Addenda. Prior to July 1 of each year of the Agreement and consistent with the requirements of this Section, Participating Agency may change the Shared Services and/or Technical Assistance that it elects to receive for the following fiscal year (July 1 – June 30) by completing the annual Election Forms, which will replace and become new Addenda A and/or B to this Agreement (“Election Addenda” or “Election Addendum”). The Election Addenda may contain terms that differ from those in the initial 190
3 Election Forms, including adjustments to service types and the addition of new WLC Services as they become available.

5. Cost Sharing by Participating Agencies.

5.1. MWDOC shall:

5.1.1. Collect from Participating Agency upon execution of this Agreement the amount indicated in Addenda A and B that is specific to said Participating Agency, which is the total cost of the selected WLC Services for the Participating Agency.

5.1.2. Inform the Participat ing Agency of any proposed extra work that would result in an increase in the payments under this Agreement. MWDOC and the Participating Agency must both approve such extra work before MWDOC will notify any Contractor or Consultant to proceed with the work.

5.1.3. On or about February of each year, prepare a final annual accounting for the Participating Agency and either distribute any remaining funds collected back to the Participating Agency, consistent with the amounts in Addenda A and B, roll over any remaining funds for use by the Participating Agency in the following year or, when there are funds due, issue a final bill to the Participating Agency.

5.2. Participating Agency shall:

5.2.1. Pay to MWDOC upon execution of this Agreement, the full amount indicated in Addenda A and B that is specific to the Participating Agency.

5.2.2. Pay to MWDOC, upon approval of any extra work, the full amount owed for any approved extra work. The Participating Agency shall bear all costs associated with extra work it approves.

6. Pricing and Payment. Participating Agenc y shall pay MWDOC for the WLC Services provided pursuant to this Agreement in the unit cost amounts for each type of elected WLC Service as set forth in Addenda A and B. The unit costs in Addenda A and B may be adjusted each year by MWDOC in MWDOC’s discretion. MWDOC will provide each Participating Agency with notice of any changes to unit costs for the next fiscal year by March 1 of the previous fiscal year, and such adjusted costs shall be reflected in the Election Addenda. With respect to WLC Services that are provided by Contractors/Consultants who are under contract with MWDOC, MWDOC reserves the right to change the unit cost for such WLC Services if there is a change in unit cost by the Contractor, provided, however, that MWDOC gives the Participating Agency no less than sixty (60) days' notice of such change, during which period the Participating Agency may elect to terminate such WLC Services from the Election Addenda. In addition, Participating Agency is not obligated to request any WLC Services and is only required to pay for WLC Services performed by MWDOC at the request of Participating Agency.

7. Billing Procedure and Pa yment. Within thirty (30) days of receiving Addenda A and/or B, MWDOC shall invoice the Participating Agency for the full unit cost of the WLC Services that have been chosen by the Participating Agency for the upcoming fiscal year. 191
4 Participating Agency shall pay MWDOC within thirty (30) days of receipt of the invoice. In the event that there is a subsequent change in the scope of the WLC Services that were elected in Addenda A and/or B, MWDOC will provide a revised invoice for such change, and in the event that the change results in a credit to the Participating Agency, then the Participating Agency will have the option to apply the credit to the annual invoice for the next fiscal year or to be issued a refund.

8. Termination. Either Party may terminate this Agreement upon thirty (30) days' written notice to the other. In such an event, the Parties shall be responsible to each other for any obligations incurred prior to the termination date.

9. Standard of Care. MWDOC will require that all Contractor and/or Consultant services be performed in accordance with generally accepted professional practices and principles, and in a manner consistent with the level of care and skill ordinarily exercised in performing the WLC Services.

10. Accounting. MWDOC shall, for a reasonable time, keep accurate and detailed records of the WLC Services performed and the financial details in connection with such WLC Services, including all accounting books and records related to any payments to Contractors/Consultants (collectively, the “Records”). All Records must be maintained in accordance with generally accepted accounting principles applicable to local government agencies in the State of California and must be sufficiently complete and detailed to permit an accurate evaluation of the Services provided by MWDOC under this Agreement.

Upon request from the Participating Agency, MWDOC will provide copies of the Contractor/Consultant invoices and MWDOC’s payment records, and shall give the Participating Agency reasonable access, during normal business hours, to such Records.

11. Independent Contractor. The Consultant/Contractor is not a party to this Agreement and is not an employee or agent of MWDOC or any of the Participating Agencies, either as a result of this Agreement or because of the Consultant Agreement between MWDOC and the Consultant/Contractor. The Consultant/Contractor is an independent contractor to MWDOC.

12. Indemnification. MWDOC agrees to indemnify and hold the Participating Agency harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death (collectively, “Claims”), in any manner arising out of any sole and active negligent acts or willful misconduct of MWDOC in connection with the provision of WLC Services.

MWDOC will require any Contractors/Consultants to indemnify and hold harmless Participating Agency from any and all Claims arising out of the negligent acts or willful misconduct of the Contractor/Consultant, its agents and employees, and Participating Agency agrees that it will look solely to the Contractor/Consultant for such Claims, provided, however, that MWDOC will act as the agent of the Participating Agency to enforce the terms of the indemnity with Contractor/Consultant and make any related insurance claims with respect to the insurance coverage provided by Contractor/Consultant. .

MWDOC shall use its best efforts in administering the Consultant Agreement, but makes no representations, guarantees, or warranties to the Participating Agency as to the quality 192
5 or timeliness of work product provided by the Consultant/Contractor pursuant to the Consultant Agreement. The Participating Agency agrees to indemnify MWDOC, its directors, officers, employees and agents against, and will hold and save them harmless from, any and all actions, claims, penalties, obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with the Consultant Agreement or E Source Services provided for the benefit of the Participating Agency. Participating Agency agrees and acknowledges that MWDOC is not responsible for the maintenance and quality of any of Participating Agency’s facilities, and Participating Agency is responsible for any costs, expenses, liability, loss, damage, or injury of any kind, in law or equity, to property or persons, including wrongful death, arising from such.

13. Insurance. MWDOC shall obtain prior to commencing work and maintain in force and effect throughout the term of this Agreement, all insurance set forth below. MWDOC insurance is provided through the Association of California Water Agencies Joint Powers Insurance Authority and such other insurers as MWDOC may determine from time to time.

13.1. Workers’ Compensation Insurance. MWDOC will maintain workers’ compensation insurance for its employees, covering all work covered by this Agreement, in accordance with applicable law. Upon request, MWDOC will provide an ACORD certificate of insurance or other certificate of insurance satisfactory to the Participating Agency, evidencing such coverage.

13.2. Liability and Other Insurance. MWDOC will maintain during the term of this Agreement general liability coverage of not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage; automobile liability (owned, scheduled, non-owned or hired) of at least $1,000,000 for bodily injury and property damage each accident limit; workers’ compensation (statutory limits) and employer’s liability ($1,000,000) (if applicable); requiring 30 days (10 days for non-payment of premium) notice of cancellation to Participating Agency.

13.3. Contractor Insurance Coverage. If MWDOC employs Contractors to provide services covered by this Agreement, MWDOC shall require that each Contractor meet MWDOC’s minimum insurance requirements. Contractor will provide a certificate of insurance to MWDOC, which will be required to name MWDOC and Participating Agencies as additional insureds to any Consultant or Contractor’s liability coverage.

13.4. Expiration of Coverage. If any of the required coverages expire during the term of the Agreement, MWDOC and its Contractors, as applicable, shall provide updated renewal certificate(s), including the general liability additional insured endorsement, at least ten (10) days prior to the expiration date.

14. Independent Contractor. MWDOC shall act as an independent contractor in the performance of the WLC Services provided for in this Agreement and shall furnish such WLC Services in MWDOC’s own manner and method, and in no respect shall MWDOC or any of its agents be considered an agent or employee of Participating Agency. No provisions of this Agreement shall be intended to create a partnership or joint venture between MWDOC or any of its agents and Participating Agency, and neither Party shall 193
6 have the power to bind or obligate the other Party, except as expressly set forth in this Agreement.

15. Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following addresses, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or sent via commercial overnight courier and shall be effective upon receipt. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

M W D O C : P a r t i c i p a t i n g A g e n c y :

Harvey De La Torre, General Manager ________________________ Municipal Water District of Orange County ________________________ 18700 Ward St. ________________________
P.O. Box 20895 ________________________
Fountain Valley, CA 92728 ________________________

16. Jurisdiction and Venue. In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California, and that venue of any action brought hereunder shall be in Orange County, California.

17. Counterparts and Facsimile. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. All parties have participated in the drafting of this Agreement.

18. Severability. If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.

19. Entire Agreement. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof, and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both parties.

20. Authority to Execute. Each Party represents and warrants to the other Party that all necessary action has been taken by such Party to authorize the undersigned to execute this Agreement and to bind it to the performance of its obligations hereunder.

21. Incorporation of Recitals. The Recitals and section titles set forth herein are incorporated herein and are an operative part of this Agreement.

Robin Perlas, Program Specialist
City of Garden Grove Water Division
13802 Newhope Street
Garden Grove, CA 92843
194
7 IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of this Agreement.

MWDOC: PARTICIPATING AGENCY:

D a t e D a t e
Harvey De La Torre
General Manager
Municipal Water District of Orange County

Name: _______________________
Title: _________________________
Agency: ______________________

Approved as to Form: Approved as to Form

D a t e D a t e
Name: Joseph Byrne, Esq. Name: _________________________

Omar Sandoval
Lisa L. Kim
City Manager
City of Garden Grove
195
8 ADDENDUM A
Water Loss Control Shared Services Election Form
Fiscal Year 2026-2027
FY26-27
Water Loss Control Shared Services
Agency:

Contact Person:

Contact E-mail:

Contact Phone:

Task 1: Water Audit Validation
Water audit validation will be conducted at Level 1 in accordance with the methodology established in the Water Research Foundation project 4369: Level 1 Water Audit Validation Guidance Manual.

Water audit validation aims to identify and appropriately correct for inaccuracies in water audit data and the application of methodology. Furthermore, validation also evaluates and communicates the uncertainty inherent in water audit data. To accomplish these goals, MWDOC’s validation Shared Service will follow the steps published in the Water Research Foundation Level 1 Water Audit Validation Guidance Manual. The process will include:
x Review the water audit and supporting documentation.
x Review performance indicators for evidence of inaccuracy. x Review audit inputs and data validity gr ades and confirm correct application of methodology in a Level 1 validation interview. Adjust inputs and dat a validity grades, if necessary.
x Review performance indicators again fo r evidence of persisting inaccuracy. x Document results.

MWDOC’s validation Shared Service will also employ the California-specific additional guidance developed by the California Water Loss Technical Assistance Program and subsequently taught in the Water Audit Validator (WAV) certificate course.

Validation results will be documented in a format acceptable to the Department of Water Resources. Templates for this format have been published by the California- Nevada section of the American Water Works Association on their WAV Certification webpage.

Deliverables include:
x Level 1 Validation Summary Notes
x Certified Validation Repor t (signed by validator)

Yes

No

$_________
Water Balance Validation is a Core service provided by MWDOC to its member agencies at no cost. MWDOC member agencies are
requested to check the box to the left indicating their choice to have MWDOC validate their annual water balance.

The Cities of Anaheim, Fullerton, and Santa Ana may access MWDOC’s Water Audit Validation service for a fee of $990 per validation.

City of Garden Grove
Robin Perlas
[email protected]
714-741-5378
196
9 Task 2:

Meter Accuracy Testing
Customer meter accuracy testing enables an agency to measure a retail meter’s performance and, consequently, the throughput that the meter fails to register. By measuring a meter’s inaccuracy, an agency can understand the financial loss it causes and develop a plan to manage meter performance within its system.

Customer meter tests will be conducted in accordance with the methodology set forth in American Water Works Association manual M6, Water Meters – Selection, Installation, Testing, and Maintenance. The stipulations in manual M6 include:
x Specific low, medium, and high flow rates for each meter type and size x Minimum test volume by flow rate and meter size
x Generally acceptable accuracy limits for new and repaired meters M6 also enumerates test procedures for laboratory tests and field tests that MWDOC staff and/or contractors will be required to follow.

Agencies can choose between two customer meter accuracy testing service providers: McCall’s Meters, Inc. or Westerly Meter Service Company. The Meter Accuracy Testing (MAT) Worksheet, Attachment 2 to this document, summarizes the fees for each mete r accuracy testing service provider. Note that the fees are slightly different between providers. As a result, each service provider has its own MAT Worksheet. Agencies will need to:
x Select the meter accuracy testing company of their choice, x Identify the number and sizes of meters to be tested (green data entry cells), and x Estimate the number of meetings (McCall’s) or hours and mileage (Westerly) for meetings with the selected company.

This worksheet should be used to calculate the total cost for meter accuracy testing services for your agency. The cost estimate calcul ated in the MAT Worksheet should be entered into the shaded cell immediately below. E Source is available to assist agencies in quantifying the number and sizes of meters to be tested, and in interpreting the results, as part of Task 3: Component Analysis of Apparent Losses.

Small-meter (5/8 – 2 inch) testing wil l require agencies to remove the meters from the field and deliver them to the selected meter-testing company. Meter testing company locations are provided below. Large meters (3 inches and larger) will be tested in-situ.

McCall’s Meters, Inc. Westerly Meter Company
1498 Mesa View Street 193 7 W. Eleventh St. Suite E
Hemet, CA 92543 Upland, CA 91786
(951) 654-3799 (951) 205-3725

Deliverables include:
x Meter accuracy testing results
x Warehousing of test results data

$

$_________

$________
MWDOC Administrative Fee Charged Per Meter Accuracy Test Invoice Processed, Not to Exceed Four Charges per Fiscal Year = $346
Input the total dollar amount calculated in the MAT Worksheet. Task 2 Total 11,384.00
1,384.00
10,000.00
197
10 Task 3a:

Distribution System Leak Detection
Leak detection will be conducted using a comprehensive acoustic survey, meaning that leak detection technicians will sound all accessible appurtenances regardless of spacing distances. The following protocols will be adopted for leak detection:
x Sounding points: Physical contact and sonic leak sound amplification will occur for each hydrant, and customer service connection. Valves may be used as contact points, if necessary. x Sonic ground listening (hard cover): When normal contact points are not available or cannot be created within a reasonable distance, sonic ground listening devices will be used by making ground contact directly over the pipe at intervals no greater than six (6) feet when ground cover is pavement, concrete, or a similar hard surfac e. If excessive ambient noise precludes the effectiveness of the ground listening device in an area during daytime hours, then survey will be considered during nighttime hours. Such situations will be pre-approved with retail agency staff before any night surveying is undertaken.
x Sonic ground listening (soft cover): When normal ground contact points are not available and ground cover is not a hard surf ace, probe rods will be used at 10-foot intervals. A sound amplifier will be used on probe rods
x Verification: All indications of leaks found during initia l survey will be verified a second time, after which the leak will be pinpointed with a computer-based leak sound correlator whenever possible. Pinpointing leak locations through interp retation of sound intensity, whether by ear, decibel metering, or comparable methods, will be used when contact points are available for access with a computer-based leak sound correlator.

MWDOC staff will perform distribution system leak detection at a cost of $350 per mile of distribution main surveyed for MWDOC member agencies and $374 per mile for non-member agencies. Metropolitan will contribute $170 per mile thereby reducing the cost to $180 per mile to member agencies. Deliverables include:
x Distribution System Leak Detection Plan
x Weekly progress reporting and leak verification
x Final Reporting
x Training for measuring leak rates in gallons per minute Please note that in order to be eligible to receive Metropolitan funding, participating agencies must provide leak repair results. All leaks must be investigated, repaired, or slated for repair, and their status reported to MWDOC within 60 days of the completion of the leak survey. If a MWDOC member agency does not report this information to MWDOC within 60 days, the member agency will have to pay the full cost of the survey at $350 per mile. MWDOC may also perform visual/acoustic verification of repairs as needed to satisfy Metropolitan funding requirements.

Participating agencies must elect a minimum of 50 miles or the full system, whichever is less.

$_________

Task 3a total = miles X $180 for MWDOC Member Agencies Task 3a total = miles X $374 for the Citie s of Anaheim, Fullerton, and Santa Ana

22039,600
198
11 Task 3b: Suspected Leak Survey
MWDOC staff will perform a suspected leak survey at a cost of $683 per leak investigation. The methodology to detect suspected leaks will employ the same process described in Task 3a. Deliverables include:
x Suspected leak consultation
x Field leak investigation
x Written report and pinpointed leak location
Please note that pricing may vary if the suspected leak survey area extends beyond one city block. For assistance in determining suspected leak survey costs for your needs, please contact Rachel Davis at the number or e-mail address below.

Municipal Water District of Orange County Rachel Davis
Water Loss Control Programs Supervisor (714) 593-5308
[email protected]

Please see Attachment 1 for more details.
$ Task 3b Total = number of suspected leaks X $683
Task 4: Distribution System Pressure Survey
The methodology used for pressure surveying depends on the survey goal of: 1) Average zonal and system pressure survey, or 2) Pressure transient survey using high frequency logger. Methodology must be agreed upon with each agency before surveying begins. The methodology to be determined includes:
x Logger settings (e.g., sampling and recording frequencies) x Logger deployment locations
x Logger deployment durations
x Analysis of data after logger retrieval
1) Average Zonal and System Pressure Survey
Pressure loggers can be deployed to evaluate the pressure range in a system or zone, which can then be used to estimate the average system or zonal pressure. Loggers should be placed strategically to capture the highs and lows of each pressure zone in the system. The survey methodology must be tailored to the infrastructure being studied.

2) Pressure Transient Survey
A pressure transient survey identifies instantaneous, damaging pressure swings caused by infrastructure malfunctions, sudden and significant demand changes, or rapid hydrant operation. Pressure transients move quickly and can only be identified with a high sampling frequency. At a minimum, loggers should be deployed immediately upstream and downstream of pressure-regulating infrastructure suspected of transient production.

The resulting data analysis will include:
x Transient identification using a relative or absolute amplitude threshold o Absolute: transient amplitude
o Relative: ratio of transient amplitude to average location pressure x Temporal transient alignment to study the direction and speed of transient propagation MWDOC staff will perform a distribution system pressure survey at a cost of $4,157 per 8-logger survey. $ Task 4 Total = number of 8 logger surveys X $4,157. 199
12 Fiscal Year 26-27
Year 8
Summary of Shared Services Elections:
(transfer total for each Shared Service above to this summary table) Task 1: Water Audit Validation Yes
No

$ (3-Cities only)
Task 2: Meter Accuracy Testing
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from

$

$
Task 3a: Distribution System Leak Detection
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from

$

$
Task 3b: Suspected Leak Survey
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from

$

$
Task 4: Distribution System Pressure Survey
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from

$

$
Total Elected Amount: $
Less Total Rollover Funds to be Applied: $
Total Amount to be Invoiced: $
(continues on next page)
Check One;

F Invoice Upon Receipt
F Invoice July 1, 2026
Type text here
5,325.00
39,600.00
0 0
0 0
0 5,325.00
11,384.00
50,984.00
45,659.00
200
13 By: By:

Date: Date:

Harvey De La Torre, General
Manager
Name:

Title:

Municipal Water District of Orange County Agency:

Lisa L. Kim
City Manager
City of Garden Grove
201
14 Attachment 1
Water Loss Control Shared Services
Suspected Leak Survey

Background:

MWDOC’s Suspected Leak Survey Shared Services has evolved into two distinct elections based on the varying needs of member agencies. The first election is a Known Area Suspected Leak Survey of an isolated geographic area and requires a simple and limited investigation. The “Known Area” leak survey is billed at a flat rate as defined in Task A below.

The second election is an Unknown Area Suspected Leak Survey of a broader geographic area and requires significantly more investigation and time to complete than a “Known Area” survey.

The “Unknown Area” leak survey is billed based on actual time spent planning, executing, and reporting the investigation.

MWDOC staff will evaluate each suspected leak investigation request and inform the requesting agency whether the investigation falls under Task A or Task B, as described below. Before initiating the “Unknown Area” leak survey, MWDOC staff will provide the requesting agency with an estimated, not-to-exceed cost for the investigation.

Task A:

Known Area Suspected Leak Survey
MWDOC staff will perform a suspected-leak survey at a cost of $651 per investigation. The leak investigation area shall not exceed one standard city block. MWDOC will listen to all meters and hydrants within the survey area using appropriate acoustic equipment. Digital Correlating loggers will be placed on valves and other appurtenances as needed to perform leak correlations. These loggers are more s ensitive than the human ear, accurately registering and locating leaks by tuning into the leak’s digital sound signature. Other techniques, such as visual inspection and chlorine residual testing, may be used if applicable.

Deliverables include:
x Suspected leak consultation
x Field leak investigation
x Written report documenting findi ngs and leak location if found $ A Total = number of suspected leaks X $683

202
15 Task B:

Unknown Area Suspected Leak Survey
MWDOC staff will perform a suspected leak survey at its cost, including time and materials. The leak investigation area ma y expand beyond a city block and may change during the course of the investigation. MWDOC will listen to meters and hydrants within the survey area using Acoustic Digital Water Leak Detectors. Correlating loggers will be placed on valves and other appurtenances as needed to perform leak correlations. These loggers are more sensitive than the human ear, accurately registering and locating leaks by tuning into the leak’s digital sound signature. Other techniques such as visual inspection and chlorine residual testing may be used if applicable.

Deliverables include:
x Suspected leak consultation
x Field leak investigation
x Written report documenting finding s and leak location, if found Note that the value below is an estimated, not to exceed cost. Because the exact location of the leak is not known and may evolve during the survey, the estimated cost is also subject to change.

$

Task B Estimated Total based on Time and Materials = $
203
16 Attachment 2

Meter Accuracy Testing (MAT) Worksheet
McCall’s Meters, Inc.

McCall's Meters, Inc.

Meter Accuracy Testing Fee Worksheet

Participating Agency:

Contact Person: Phone
& Email:

Rate Quantity Total
Small Meter Testing
5/8 - 1 in. $45.00 $
1 1/2 in. and up $60 to $65 (1) $
3 in. Turbine $80.00 $

Large Meter Testing
3 in and up. $225 (2) $

Rates for Pickup or Delivery of Meters $125/hour

Rates for attending meetings $125/day $
Total: $
(1) Fixed rate of $60 for non-turbine meters and $65 for turbine meters. (2) Requires a minimum of 4 meters per day; If less than 4 tests, a portal-to- portal fee of $125 will be charged.
204
17 Attachment 2

Meter Accuracy Testing (MAT) Worksheet
Westerly Meter Service Company

Rate Quantity Total
Small Meter Testing
5/8 - 1 in. $30.00 $
1 1/2 in. and up $70.00 $
3 in. Turbine N/A $

Large Meter Testing
3 in and up. $200 $

Rates for Pickup or Delivery of
Meters

No Charge (1)

Rates for attending meetings $150/hr. + mileage $
Total: $

(1) No charge for orders transport of over 50 meters. Transport of less than 50 is based on time and mileage

50 10,000
Type text here
10,000
205
18 ADDENDUM B
January 1, 2026 through June 30, 2027
Water Loss Control Technical Assistance Tasks

TASKS
1 PROJECT ADMINISTRATION
Project administration:

Partner with E Source and the larger MWDOC group (Required) භ Communication
භ Systems of data collection and management
භ Travel expenses
භ Invoicing
$2,200 Project administration

TASK 2 WATER AUDIT COMPILATION
Task 2: Water audit compilation:

Estimate apparent and real water
loss. Assess data availability and
quality
භ Water audit data collection and review
භ Raw billing data validation (study of completeness and consistency, pro-rating to reduce lag-time effects) භ Water audit compilation
භ Water audit documentation in preparation for level 1 validation $11,240 Task 2: Water audit compilation

TASK 3 SOURCE OR PRODUCTION METER VOLUMETRIC ACCURACY TESTING Task 3: Source/Production meter volumetric accuracy testing:

Design and conduct a volumetric source meter accuracy test Establish a field-validated water-supplied baseline for the water audit Document test procedures for future meter accuracy investigation භ Site visit and test design
භ Volumetric accuracy test with comparat ive meter or reservoir reference volume භ Data chain assessment (“loop audit” or SCADA calibration), if relevant භ Test results analysis and documentation
භ Test procedure documentation
$9,270 Task 3: Volumetric production meter accuracy test, per meter.

TASK 4 BILLING DATA CHAIN ASSESSMENT
Task 4: Detailed custom billing data chain assessment:

Assess billing data for potential errors and/or inconsistencies භ Mapping of meter read collection and billing process
භ Comparison of raw data across billing data manageme nt platforms (read collection system, billing data system, and reporting system)
භ Identification of data transmission errors - misreads, zero reads, dropped reads, duplicated reads, etc.

Varies Task 4: Billing data chain assessment.
206
19 TASK 5 COMPONENT ANALYSIS
Task 5a: Component analysis of real losses – Gap Analysis:

Assess repair data in preparation for a real loss component analysis. x Collection of leakage repair documentation
x Evaluation and summarization of repair data
x Identification of gaps in repair documentation
x Memo documenting recommendations for repair data improvements and documentation

Task 5b: Component analysis of real losses:

Establish the distribution system’s unique leakage profile Determine cost-effective leakage management strategies for the short-, medium-, and long-term x Collection of leakage repair documentation
x Evaluation of repair process documentation
x Determination of unique leakage profile (b ackground, unreported, and reported leakage) x Analysis of cost -effective intervention against leakage x Leak management program design
Task 5c: Component analysis of apparent losses:

Assess customer meter inaccuracy
Value apparent losses
Design an apparent loss management strategy
5c-1: Small Meter Test Strategy & Sample - $7,680
x Facilitate discussions to understand ag ency goals for customer meter testing x Develop test strategy based on agency goals
5c-2: Small Meter Test Sample - $3,280
x Develop meter sample based on pre-defined test strat egy (if test strategy has not been defined, consider signing up for Small Meter Test Strategy & Sample)
5c-3: Small Meter Test Data Analysis - $7,920
x Analyze small customer meter test data
x Note: Agency must complete small customer meter testin g to execute this task. See shared services contract for customer meter testing options and costs if necessary. 5c-4: Large Meter Test Design - $3,960
x Develop large meter test design including testing schedule x Test design employs least cost of ownership model to prioritize large meters for testing 5c-5: Large Meter Test Data Analysis - $6,080 typical cost (discuss pricing with E Source. Pricing based on test data and billing data availability)
x Analyze large customer meter test data
x Note: Agency must complete large cu stomer meter testing to execute this task. See shared services contract for customer meter testing options and costs if necessary. $5,560 Task 5a: Component analysis of real losses – Gap Analysis $16,180 Task 5b: Component analysis of real losses

$8,560
$3,660
$8,840
$4,420
Varies
Task 5c: Component analysis of apparent losses (meter testing budget through Shared Service Contract is also required if testing cannot be conducted in-house) 5c-1: Small Meter Test Strategy & Sample
5c-2: Small Meter Test Sample
5c-3: Small Meter Test Data Analysis
5c-4: Large Meter Test Design
5c-5: Large Meter Test Data Analysis $6,780, typical (discuss pricing with E Source. Pricing based on test data and billing data availability)
207
20 TASK 6 SWRCB WATER LOSS STANDARD ASSISTANCE
Task 6a: Information Order Response Assistance:

Document response to Information Orders from the SWRCB related to compliance with the Water Loss Standard.
භ Compilation of results and findings from related activities to date භ Memo documenting response to Information Order
Task 6b: Off --Ramp Assistance:

Document compliance with Off-Ramp criteria
භ Collection of relevant dat a and supporting documents භ Document activities and/or data proving compliance with each Off -Ramp criterion භ Compilation of Off -Ramp request
Task 6c: Economic Model Custom Input Evaluation:

Calculate custom inputs and compile supporting documents for the SWRCB’s economic model. භ Request and compilation of relevant data (e.g. l eak repair documentation, leak detection results, financial data, infrastructure data, etc.)
භ Review of data collected to identify wh at custom inputs may be calculated භ Calculation of customized value for input s where the minimum data threshold is met භ Compilation of supporting document s for input adjustment application භ Assistance with creating memo to the SWRCB, requesting custom input adjustment Task 6d: Questionnaire Response Assistance
Document responses to SWRCB required reporting (Data Quality, Pressure Management, Asset Management, and/or Leak Registry)
භ Request and compilation of relevant data
භ Review of data collected
භ Calculation and/or narration of response to each question භ Review of responses with agency staff
භ Assistance with submitting response to questionnaire

$ Varies,
Discuss
with E
Source
Task 6a: Information Order Response Assistance
$6,060 Task 6b: Off-Ramp Assistance
$ Varies,
Discuss
with E
Source

Task 6c: Economic Model Custom Input Evaluation
$ Varies,
Discuss
with E
Source

Task 6d: Questionnaire Response
208
21 TASK 7 WATER LOSS TEAM DEVELOPMENT
Task 7a: Team Development Process Maps:

Establish a water loss team roster
Document processes related to water audit data collection භ Interviews with staff
භ Identification of key water loss team members
භ Document and map water loss data collection processes

Task 7b: Educational Workshops:

In-person educational workshop with agency staff to provide water loss background and connect day-to-day tasks with water loss calculation.

Workshops will offer an opportunity to elicit feedback from staff and prepare them for upcoming projects and data requests.
භ Development of slides and materials for meeting
භ Travel to agency
භ Facilitation of educational workshop
$7,560 Task 7a: Team Development Process Maps
$5,680 Task 7b: Educational Workshops

TASK 8 LEAK SIMULATION MODEL
Task 8: Leak Simulation Model:

Quantify the impacts of leak detection technique accuracy on achievable overall system loss rates and projected workload
Evaluate the cost-benefit of leakage control strategies under varying assumptions of fundamental leakage characteristics.
භ Collection of leakage repair documentation
භ Assessment of unique leakage profile
භ Consider sub -system level infrastructure characteristics and their impact on loss rates, including pipe- segment level data for likelihood and consequence of failure, if available. භ Provide an intuitive visualization of the water distribution system that shows how leakage control strategies are implemented and their resulting impact on individual leaks and system-level leakage rates.
භ Estimate future system -wide loss rates under varying assumptions for leakage characteristics and loss recovery efforts that can be compared with state regulatory targets or other performance goals. භ Project the workload required to implement and mainta in various leakage management strategies, including manual acoustic leak detection, automated acoustic noise loggers, satellite leak detection. $ Varies,
Discuss
with E
Source

Task 8: Leak Simulation Model
209
22 TASK 9 WATER LOSS PILOT PROGRAM MANAGEMENT AND EVALUATION Task 9: Water Loss Pilot Program Management and Evaluation:

Develop a pilot plan to assess the effectiveness of leakage management technologies/strategies භ Collection of previous water audits and repair data
භ Development of pilot plan detailing the leakage management techniques to be piloted, scale of implementation, and level of effort required from participating agency staff භ Work with participating agency to vet and manage technology providers භ Tracking and collection of data during pilot implementation භ Recommend metrics to evaluate the su ccess of the pilot program and identify data collection necessary to calculate metrics
භ Report on the performance of each pilot technolog y and recommend next steps necessary for full system implementation
$ Varies,
Discuss
with E
Source

Task 9: Water Loss Pilot Program Management and Evaluation

TASK 10 WATER LOSS STANDARD COMPLIANCE PLAN
Task 10: Water Loss Standard Compliance Plan:

Develop a Water Loss Compliance Plan to assist with meeting the Water Loss Standard භ Review the participating agency’s Water Loss Standard modeled by the SWRCB භ Evaluate data uncertainty and recommendations for data improvement භ If available, consider results of leak simulation mo del, real loss component analysis, and/or pilot results භ Develop a timeline, cost estimate, and key milestones associated with the Water Loss Compliance Plan, based on existing data sources
$ Varies,
Discuss
with E
Source

Task 10: Water Loss Standard Compliance Plan

TASK 11 MISCELLANEOUS WATER LOSS TECHNICAL ASSISTANCE
Task 11: Miscellaneous Water Loss Technical Assistance
For tasks not covered in Tasks 1-10, provide agency technical assistance for water loss analysis and/or compliance with State regulations.
භ Assess level of support and associated costs through consultation with E Source භ E Source to provide cost proposal before proceeding
භ Cost proposal shall be developed in accordance with hourly rates in Technical Assistance Program Contract
$ Varies,
Discuss
with E
Source

Task 11: Miscellaneous Water Loss Technical Assistance
210

Addendum B
January 1, 2026 through June 30, 2027
Water Loss Control Technical Assistance Tasks

Participating Agency: _________________
Cost Sheet for Selected Water Loss Control Services with E Source

Tasks: (All tasks are performed by E Source)

Task
Cost
Selected
Service
Met Funding
Request
(up to 50%
of task cost)
Task 1 – Project Administration and Progress Reporting (Required) $2,200 $2,200 Task 2 – Water Audit Compilation $11,240 $
Task 3 – Source or Production Meter Volumetric Accuracy Testing $9,270 $ Task 4 – Custom Detailed Billing Data Chain Assessment Varies Task 5 – Component Analysis
Task 5a: Component Analysis of Real Losses – Gap Analysis Task 5b: Component Analysis of Real Losses
Task 5c: Component Analysis of Apparent Losses
$5,560
$16,180
Varies

$
$
$

Task 6 – SWRCB Water Loss Standard Assistance
Task 6a: Information Order Response Assistance
Task 6b: Off-Ramp Assistance
Task 6c: Economic Model Custom Input Evaluation
Task 6d: Questionnaire Response Assistance
Varies
$6,060
Varies
Varies

$
$
$
$

Task 7 – Water Loss Team Development
Task 7a: Team Development Process Maps
Task 7b: Educational Workshops
$7,560
$5,680

$
$

Task 8 – Leak Simulation Model Varies $
Task 9 – Water Loss Pilot Plan and Evaluation Varies $
Task 10 – Water Loss Compliance Plan Development
Task 10a: Water Loss Compliance Plan Development
Task 10b: Water Loss Compliance Plan Updated
Varies
$
$

Task 11 – Miscellaneous Water Loss Technical Assistance Varies $ Rollover Funds to be Applied: $
New Amount to be Invoiced
(Task Totals Less Rollover Funds)

Total:

$

This Cost Sheet may be updated upon mutual consent of the parties as indicated in writing.

By: By:

Date: Date:

Harvey De La Torre, General Manager Title:

Municipal Water District of Orange County Agency:

City of Garden Grove
City of Garden Grove
Lisa L. Kim, City Manager
22,480
10,040
Large meter
test design/
data analysis
34,720
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Item 146/2026

Final
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Samuel Kim
Dept:

City Manager Dept: Public Works
Date: 4/28/2026

Subject: Approval of an agreement with Bureau Veritas Technical Assessments LLC for the 2026 Parks Condition Assessment report. (Cost: Not to exceed: $69,934) (Action Item)

OBJECTIVE

For the City Council to authorize a professional services agreement with Bureau Veritas Technical Assessments LLC for a Parks Condition Assessment covering 19 City park sites in two (2) phases, and to dispense of the bidding process pursuant to Municipal Code Section

2.50.060(G).

BACKGROUND

The City of Garden Grove maintains parks and recreational facilities that serve residents across the community. Ensuring that these assets are well-maintained and that resources are allocated effectively requires a systematic understanding of the condition , remaining useful life, and capital replacement needs of park systems, components, and amenities.

To address this need, the Public Works Department engaged Bureau Ver itas Technical Assessments LLC to conduct a comprehensive Parks Condition Assessment for 19 City-owned park sites. Bureau Veritas submitted a p roposal outlining a two -phase scope of work and associated fee schedule.

DISCUSSION

The scope of work is structured in two (2) phases covering a total of 19 park sites. Phase 1 encompasses ten (10) parks at a cost of $40,384.57. Phase 2 encompasses nine (9) parks at a cost of $29,549.68, for a combined total of $69,934.25. Assessments will be conducted in accordance with industry standards and will produce, for each site, a Park Condition Index (PCI), a Current Replacement Value (CRV), photographic documentation of deficiencies, corrective action recommendations with cost estimates, and a 5 -, 10-, or 20 -year Capital Plan.

212
Item 146/2026

A competitive solicitation was not conducted for the selection of Bureau Veri tas, as the City determined it is in its best interest to continue using the existing AssetCALC platform currently in use by the Building Maintenance Section, ensuring continuity in the City's facilities asset management program.

AssetCALC is a web -based system developed, licensed, maintained, and exclusively supported by Bureau Veritas. AssetCALC will be used to store assessment data to be collected by Bureau Veritas, and will enable the City to query condition data, prioritize capital repairs, and plan expenditures across its park portfolio.

FINANCIAL IMPACT

The cost of the professional services agreement with Bureau Veritas Technical Assessments LLC for a Parks Condition Assessment covering 19 City park sites is $69,934. The amount is included in the Parks and Grounds Maintenance Section ’s adopted Fiscal Year 2025-26 operational budget.

RECOMMENDATION

It is recommended that the City Council:

• Authorize a professional services agreement with Bureau Veritas Technical Assessments LLC for a Parks Condition Assessment report and software for Phases 1 and 2, in a total amount not to exceed $69,934.25;

• Approve to dispense of the bidding process in the best interest of the City per Municipal Code section 2.50.060(G); and

• Authorize the City Manager, or designee, to execute the agreement on behalf of the City, including making minor modifications as appropriate.

By: Ana V. Neal, Principal Administrative Analyst

ATTACHMENT(S)

1. Professional Services Agreement

2. Bureau Veritas Proposal

213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
Item 135/2026

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: 4/28/2026

Subject: Approval of Amendment No. 1 with Silverstone Property Management Company to provide comprehensive property management services for the Central Cities Navigation Center during Fiscal Year 2025-26. (Cost: $100,000) (Action Item)

OBJECTIVE

To request City Council approval Amendment No. 1 with Silverstone Property Management Company ( Silverstone) for comprehensive property management services at the Central Cities Navigation Center (CCNC), located at 13871 West Street, increasing the total contract amount from $100,000 to $200,000 for the current term and all subsequent option years.

BACKGROUND
The CCNC was acquired by the City of Garden Grove in November 2022 to establish a low - barrier transitional emergency shelter providing comprehensive wrap -around services to homeless individuals in Orange County's Central Service Planning Area. In July 2024, Silverstone was selected to provide compr ehensive property management under a pilot program based on their extensive property management expertise. Silverstone has demonstrated excellent service as they timely complete due diligence, are responsive , and actively provide thorough monthly reports to the City; as a result, the City executed another agreement in the amount of $100,000 with Silverstone in September 2025.

DISCUSSION

As we approach the end of the second year of operations, the CCNC has experienced typical facility wear and tear due to the high level of use by shelter residents and the nature of the services provided. The City has faced numerous maintenance requests, some of which have resulted in unforeseen costs. The following repairs hav e placed additional strain on the facility’s infrastructure, with unforeseen maintenance costs arising from continued heavy usage:
234
Item 135/2026

 Electrical Work: Replacement of light bulbs and wall outlets inside the dormitories.
 Laundry Equipment: Service and repairs to washers and dryers due to heavy use, with adjustments to laundry hours and detergent usage to minimize strain.
 Plumbing Issues: Routine maintenance and Hydro Jet services to address plumbing backups from high usage of showers, toilets, and sinks.  Miscellaneous Repairs: Wall damage, scuffs, and peeling paint in common areas were also repaired.

Silverstone’s agreement for fiscal year 2025 -2026 was allocated as follows: $50,800 for property maintenance and emergency repairs, and $49,200 for property and facility management fees. As of April 2026, the remaining balance for maintenance and repair services is $16,000. Based on a detailed review of monthly expenditures, staff has identified the need for an additional $100,000 to maintain facility func tionality and ensure ongoing upkeep.

It is important to note that a ddressing these issues is critical to meeting the County’s standards during their annual inspection. The most recent inspection, conducted on March 26, identified only minor concerns, whi ch highlights the value of having reliable property management services in place.

FINANCIAL IMPACT

The cost of Amendment No. 1 with Silverstone to provide comprehensive property management services for the Central Cities Navigation Center is $100,000. Additional appropriation in the amount of $100,000 is necessary . An additional appropriation of $100,000 is therefore required. This cost will be shared among the cities of Garden Grove, Fountain Valley, and Westminster in accordance with the Memorandum of Understanding executed by all three cities in November 2022.

RECOMMENDATION

It is recommended that the City Council:

 Approve Amendment No. 1 with Silverstone Property Management Company, increasing the total contract amount from $100,000 to $200,000 for the current term and all subsequent option years;
 Authorize the Finance Director to appropriate $100,000.00 to the Central Cities Navigation Center operating budget (GL: 260 -711-1210-51257, JL:

NC1368000); and
 Authorize the City Manager, or designee(s), to execute the amendment, including additional option years, and make minor modifications as appropriate thereto, on behalf of the City.

By: Christy Le, Administrative Analyst
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Item 135/2026

ATTACHMENT(S)

1. Property Management Meeting Summary

2. Silverstone Agreement FY 25-26

3. Silverstone Draft Amendment 1

236

Property Name:

Central Cities Navigation Center 13871 West St, Garden Grove, CA 92843 Annual Conference Meeting - March 2026 Report Created By: Silverstone Property Management Date: March 31st 2026 Annual Meeting Notes Annual Building Inspections 2026
Fire Alarm/Smoke Alarm Inspection - Completed March 2026 - PASS Kitchen Suppression Test - Completed August 1st 2025 - PASS - We are Pending the Scheduled

Inspection

in

the

Month

of

April

Fire Extinguisher Test - Completed October 2025 - PASS No Roof Inspections / No Roof Leaks
Vendors Overseeing Central Cities Navigation Center - Fire Alarm Company - Bill’s Sound & Security - Kitchen Suppression - Edison Fire Protection Company Inc - Access Control & Cameras - (New Vendor as of 2026) Safe & Sound Security - Plumbing Company - Dynamic Solutions, Seacliff Mechanical, Drainex - HVAC Company - Seacliff Mechanical (Preventative Maintenance Vendor) 388 E. Valley Blvd Suite 105 Alhambra CA 91801 1470 Valley Vista Dr Suite 101 Diamond Bar CA 91765 BUSINESS. 626.458.6262 www.SilverStonePM.com 237
- Roof Repairs - Pacific Single Ply Roofing ( Subcontractor) - SSPM will speak with the

Contractor

for

any

recommendations

on

Roof

Maintenance.
- Laundry Equipment Repairs - Alliance Laundry & Automated Laundry - Gate Repairs - Automated Gate Services (Subcontractor) - General Handyman Repairs, include but not limited to (electrical, paint, drywall,

plumbing,

exterior

&

interior

services)
- Fernando Lazo, Mike Gonzalez, YA Construction, Dynamic Solutions, Milo Handyman

Services
- Funds Available for Central Cities Navigation Center - Current Balance for Central Cities Navigation Center ( $7,086) A few pending invoices

waiting

to

be

paid.

Final

Balance

-

(Around

$4,500)
- Projects Pending Approval - Access Control Doors - Troubleshoot 5 Access Control Doors (Safe & Sound Security)

Cost

-

$1,240
- Clean ALL Supply & Return Vents - High Ceiling Access Requirement (Seacliff

Mechanical)

Cost

-

$3,425.00

.

SSPM

Suggest

to

collect

quotes

on

this

scope

of

work.
- Plumbing ( Urinal Flush Handles for all Restrooms) - SSPM Proposes to replace

all

urinal

flush

handles

to

a

more

traditional

flush

handle

that

does

not

require

a

sensor.

Help

prevent

downtime

on

stalls

being

inoperable.

Cost

for

a

Traditional

Flush

Handle

around

$27..99

plus

tax.
- Quarterly Service for Hydro Jet Plumbing Lines Total of 24 Clean Outs -

SSPM

has

collected

2 quotes

-

Dynamic

Solutions

each

visit

$2,500

total

of

$10,000

per

year.

Drainex

each

visits

$2150

a

total

of

$8,600

per

year.

SSPM

Suggests

to

collect

an

additional

quote

and

possibly

look

into

separating

the

quarterly

service

in

2 parts,

instead

of

24 clean

outs

each

quarterly

service,

hydro

jet

12 clean

outs

in

one

service

and

the

remaining

12 clean

outs

in

the

following

service.

388 E. Valley Blvd Suite 105 Alhambra CA 91801 1470 Valley Vista Dr Suite 101 Diamond Bar CA 91765 BUSINESS. 626.458.6262 www.SilverStonePM.com 238
- SSPM would like to propose to the City the possibility of a Deep Cleaning Service

which

could

either

happen

once

or

twice

a

year

with

a

company

that

specializes

in

deep

cleaning

and

disinfecting

services.

This

would

involve

the

deep

cleaning

of

all

Restroom

Showers,

Urinals,

Stalls,

Sinks,

Hallways,

Walls,

Dormitories,

Exterior

and

Interior

Common

Areas
.

We

are

seeking

to

add

services

such

as

Pressure

Washing,

Wall

and

Floor

Cleaning
.

388 E. Valley Blvd Suite 105 Alhambra CA 91801 1470 Valley Vista Dr Suite 101 Diamond Bar CA 91765 BUSINESS. 626.458.6262 www.SilverStonePM.com 239

PROFESSIONAL SERVICES AGREEMENT

THIS “PROFESSIONAL SERVICES AGREEMENT” (this “Agreement”) is made this 9th day of September, 2025 by the CITY OF GARDEN GROVE, a municipal corporation, (“CITY”), and SILVERSTONE PROPERTY MANAGEMENT COMPANY, herein after referred to as ‘‘CONSULTANT”.

RECITALS

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove Council Resolution No. 9212-14 (January 28, 2014).

2. CITY desires to utilize the services of CONSULTANT to provide comprehensive property and facility management services including but not limited to, vendor list procurement, regular maintenance servicing, routine inspections, equipment warranty management, site security monitoring through assigned CCNC softwar e and security systems, and 24/7 availability and response to incidental repairs and maintenance emergencies on an “as -needed” basis for the Central Cities Navigation Center located at 13871 West Street, Garden Grove, California 92843.

3. CITY does not have the personnel to accomplish said services.

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

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term of Agreement. The term of the agreement shall be for a period of one (1) year from July 1, 2025 to June 30, 2026, with options to extend said agreement for four (4) additional one-year periods corresponding the City’s July 1 through June 30 fiscal year. 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 Scope of Services attached as Exhibit “A” and Section 3 of this Agreement. CONSULTANT is required to present evidence to support work performed.

2. Services to be Provided. The services to be performed by CONSULTANT shall consist of the Scope of Services listed in Exhibit “A” and is incorporated herein by reference. Exhibit “A” and this Agreement do not guarantee any specific amount of work. CONSULTANT warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with customary and usual practices in CONSULTANT’S profession and the standards prevalent in the industry for such services. By executing this Agreement,

p. 9
Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 240
p. 10

CONSULTANT warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement.

3. Compensation. CONSULTANT shall be compensated as follows:

3.1 Amount. CONSULTANT shall be compensated for the services provided under this Agreement pursuant to the fee structure described in Exhibit “A” and made a part hereof by reference. Total compensation payable by CITY to CONSULTANT under this Agreement shall not exceed the total amount of One Hundred Thousand Dollars and 00/100 cents ($100,000.00) for the term of one (1) year . The cost breakdown is detailed as follows:

a) CONSULTANT will establish a trust account which the CONSULTANT will use for reimbursable costs and third party contractor expenses associated with property maintenance and emergency repairs. The CITY will deposit into the account Fifty Thousand Eight Hundred Dollars and 00/100 cents ($50,800.00) for twelve (12) months, unless the CITY determines that sufficient reserves remain in the account from the initial deposit. CONSULTANT shall provide updates on the reserve balance at the end of each month and shall notify CITY if the reserve balance falls below $5,000.00.

b) Property and Facility Management fee shall be a flat $4,100.00 per month, totaling Forty Nine Thousand Two Hundred and 00/100 cents ($49,200.00) for the twelve-month period.

c) Unless otherwise mutually agreed by the parties in writing, CONSULTANT shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein.

3.2 Payment. For property management services under this Agreement, payment shall be made per invoice submitted by CONSULTANT due and payable within 45 days. Payment shall be made in accordance with the Fee Schedule in Exhibit “A”.

3.3 Records of Expenses . CONSULTANT shall keep complete and accurate records of costs and incidental expenses subject to the fees or reimbursement payable hereunder. These records will be made available at the end of each month and at reasonable times to CITY.

3.4 Termination. CITY and CONSULTANT shall each have the right to terminate this Agreement, without cause, by giving thirty (30) days written notice of termination to the other party. If the Agreement is terminated by CITY, then the provisions of this Section 3 shall apply to that portion of the work completed. In such event, CITY will compensate Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 241
p. 11

CONSULTANT for work performed to date in accordance with the Proposal.

CONSULTANT is required to present evidence to support performed work.

4. Insurance Requirements

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

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

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

a) Commercial general liability in an amount of $1 ,000,000 per occurrence; (claims made and modified occurrence policies are not acceptable); Insurance companies must be reasonably acceptable to CITY, admitted and licensed in California , and have a Best’s Guide Rating of A-, Class VIII or better;

b) Automobile liability in an amount of $1,000,000 per occurrence; (claims made and modified occurrence policies are not acceptable) Insurance companies must be reasonably acceptable to CITY, admitted and licensed in California, and have a Best’s Guide Rating of A-, Class VIII or better.

c) Professional liability in an amount of $1 ,000,000 per occurrence; Insurance companies must be reasonably acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VIII or better. 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, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of the agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier.

The policy under section 4.3 (a) shall include CITY, its officers, officials, employees, agents, and volunteers as additional insureds for liability Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 242
p. 12

arising out of work or operations performed by the CONSULTA NT to the extent of losses attributable to CONSULTANT’S negligence. CONSULTANT shall provide to CITY proof of insurance and relevant endorsement forms that conform to CITY’s requirements, as approved by the CITY.

The policy under section 4.3 (b) shall include CITY, its officers, officials, employees, agents, and volunteers as additional insureds to the extent of losses attributable to CONSULTANT’S negligence for automobiles owned, leased, hired, or borrowed by CONSULTANT. CONSULTANT shall provide to CITY proof of insurance and relevant endorsement forms that conform to CITY’s requirements, as approved by the CITY.

CONSULTANT’s insurance coverage shall be primary insurance as respects to CITY, its officers, officials, employees, agents, and volunteers to the extent of losses attributable to CONSULTANT’S negligence. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

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

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

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

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

CONSULTANT shall comply with, and shall be responsible for causing all 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 CITY, unless disclosure is required by law.

Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 243
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10. Ownership of Work Product . All documents or other information developed or received by CONSULTANT shall be the property of CITY. CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

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

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

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

(a) Address of CONSULTANT is as follows:

Silverstone Property Management Company
388 E Valley Blvd Ste 105
Alhambra, CA 91801
Attn: Cloe Learn, CPM
[email protected]
(626) 458-6262

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

Christy Le/Alana Cheng City Attorney
Economic Development & Housing Dept. City of Garden Grove City of Garden Grove P.O. Box 3070
P.O. Box 3070 Garden Grove, CA 92840
Garden Grove, CA 92840
[email protected]
(714) 741-5337

13. CONSULTANT’S Proposal. This Agreement shall include CONSULTANT’ s proposal dated February 14, 2024 , on file with the City Clerk, which is incorporated herein by reference. In the event of any inconsistency between the terms of the Proposal and this Agreement, this Agreement shall govern.

14. Licenses, Permits and Fees. At its sole expense, 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 restric tions 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 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 244
p. 14

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.

a. The experience, knowledge, capability and reputation of CONSULTANT, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONSULTANT shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONSULTANT is permitted to subcontract any part of this Agreement, CONSULTANT shall be responsible to CITY for the acts and omissions of its 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 contractors or agents of CONSULTANT. CITY wi ll deal directly with and will make all payments to CONSULTANT.

b. It is intended in this Agreement that CONSULTANT shall negotiate contracts on behalf of CITY with third party vendors ("Vendors") for minor repairs, maintenance and servicing of the Property, consistent with industry standards. Such service contracts shall be entered into with Vendors by CONSULTANT as agent for and in the name of CITY and terminable with respect to the Property on 30 days' notice or less, unless otherwise approved by CITY. CONSULTANT shall require Vendors to provide insurance and indemnify the CITY to the same extent as required of CONSULTANT pursuant to this Agreement.

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

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

Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 245
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This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.

20. Consequential Damages. Notwithstanding anything to the contrary contained in this Agreement, neither CITY nor CONSULTANT shall be liable for any lost or prospective profits or any other indirect, consequential, special, incidental, punitive or other exemplary losses or damages, whether in tort, contract or otherwise, regardless of the foreseeability or the cause thereof, that would not otherwise be covered under the standard liability or property insurance forms required of the Parties hereunder.

21. Environmental Assessments. Notwithstanding anything to the contrary contained herein, CITY acknowledges and understands that CONSULTANT is not qualified to ( a) evaluate the p resence or absence of hazardous or toxic substances, mold, waste, materials, electromagnetic field, radon, radioactive materials, or other environmental concerns under applicable law, upon, within, above, or beneath the Property (collectively, "Hazardous Materials"); ( b) maintain or evaluate compliance with environmental, Hazardous Materials or waste laws, rules and regulations; or ( c) conduct or ensure clean -up or remediation of Hazardous Material spills or contamination. CITY agrees that, with respect to any abatement, clean-up or remedial action that CITY desires to implement, CITY shall directly enter into a contract with a qualified and licensed environmental clean-up company to undertake such responsibilities. In no event will CONSULTANT make an indep endent determination as to the presence or absence of Hazardous Materials, or whether CITY, the Property or any particular tenant is in violation or compliance with any laws relating to Hazardous Materials ("Hazardous Materials Laws"). CONSULTANT will, however, notify CITY in the event it has actual knowledge of any Hazardous Materials in or on the Property or violation of Hazardous Materials Laws at the Property.

22. 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.

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

24. 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.

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

Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 246
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26. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.

\ \ \ \
(Agreement Signature Block on Next Page)

Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 247
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IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: _______________

ATTESTED:

City Clerk

Date:

APPROVED AS TO FORM:

Garden Grove City Attorney

“CITY”

CITY OF GARDEN GROVE

By:

City Manager

“CONSULTANT”

SILVERSTONE PROPERTY

MANAGEMENT COMPANY

By:

Name:

Title:

Date:

Tax ID:

Broker License:

Expiration Date:

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

Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 9/12/2025Omar Sandoval
director
cloe learn
9/12/2025
Lisa L. Kim
9/15/2025
9/15/2025
Lizabeth Vasquez 248
Docusign Envelope ID: 2E7DD8BC-02A1-4C11-B53E-BD9968F126C2 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 249
p. 9

EXHIBIT “A”

Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 250
Prepared by:

Cloe Learn : Director
[email protected]
Silverstone Property Management Co.

Office Address: 388 East Valley Blvd
Suite 105 Alhambra, CA, 91801
Facility Management Services For -
Central Cities Navigation Center(CCNC)
Prepared for:

Timothy Throne
City of Garden Grove- Economic
Development and Housing Department
Property Address: 13871 West Street,
Garden Grove, CA, 92843
Docusign Envelope ID: 9B992D14-D851-4732-92F8-624B7268E1F0 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 251
388 East Valley Blvd., Suite #105, Alhambra, CA 91801 . Bus. 626−458−6262 Text. (601) 202−1072 www. SilverstonePM.com
Cover Letter
Dear Timothy Throne,
I would like to express my sincere appreciation for granting Silverstone Property Management ("SSPM") the opportunity to present our comprehensive services to your esteemed property.

At SSPM, we pride ourselves on delivering a wide range of services covering all aspects of real estate, including Property Management, Lease Administration, Business Development, Leasing, and Market Analysis. Our expertise extends to managing various commercial properties such as Shopping Centers, Offices, Medical Centers, Apartments, and Hotels. With over two decades of experience, SSPM has been entrusted with the management of your building for the past 20 years. This extensive tenure has endowed us with an intimate familiarity with both the building itself and its tenants.

Allow us to outline the services we offer:

Property Management Service: Our management services encompass overseeing the day-to-day operations of your property, preparing income forecasts and expense budgets, providing computerized monthly statements and reports, and ensuring timely collection of rent and payment of property expenses. Additionally, we conduct routine property inspections, supervise on-site staff, and handle lease documentation and renewals.

Facilities Management Services: Our Facilities management services encompass a range of activities designed to ensure the smooth operation of buildings, from maintenance and repair to energy management and waste disposal. These services can include janitorial and cleaning services, groundskeeping, HVAC and plumbing maintenance, electrical and mechanical repairs, and emergency response planning, as well as more specialized services like pest control and elevator maintenance.

Effective facilities management can help reduce downtime, improve worker productivity, and enhance overall occupant satisfaction.

Project Management: Our project management services cover building code resolutions, site zoning documentation and planning, environmental and due diligence coordination, and negotiation of development agreements.

This letter provides only a brief introduction to our services. We would welcome the opportunity to meet with you to discuss your specific requirements in more detail. Enclosed, please find our company brochure for your review. Should you have any questions or require further information, please do not hesitate to contact us.

Thank you for considering SSPM for your property management needs. We look forward to the possibility of collaborating with you.

Sincerely,
Cloe Learn, CPM®
Director | Broker
388 E. Valley Blvd. Suite 105, Alhambra, CA 91801
1470 Valley Vista Dr., Suite 101, Diamond Bar, CA 91765 (626)458-6262 Office (601)202-1072 Text
[email protected]
Docusign Envelope ID: 9B992D14-D851-4732-92F8-624B7268E1F0 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 252
388 East Valley Blvd., Suite #105, Alhambra, CA 91801 . Bus. 626−458−6262 Text. (601) 202−1072 www. SilverstonePM.com
i. Executive Summary
Silverstone Property Management Co. comprehensive property management service ensures the seamless operation of your real estate assets round-the-clock. We excel in overseeing day-to-day operations.
• On-site staff supervision and training
• Development of energy conservation plans
• Planning and supervision of tenant improvements, renovations, and rehabilitation projects • Obtain Bids, selecting contracts/vendors, negotiating terms, reviewing contracts, and coordinating services
• Conduct Routine Physical Property Inspections
• Analysis, monitor and enforce policies
Docusign Envelope ID: 9B992D14-D851-4732-92F8-624B7268E1F0 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 253
388 East Valley Blvd., Suite #105, Alhambra, CA 91801 . Bus. 626−458−6262 Text. (601) 202−1072 www. SilverstonePM.com
ii. Approach to Services
• Staff, Personnel and Vendors
-SSPM will not employ any onsite personnel at the location - 13871 West Street Garden Grove, CA, 92843. SSPM will send out suitable vendors for each service request and department. SSPM will conduct Monthly Property Inspections regularly to ensure that necessary preventative maintenance is carried out.
• Conduct Routine Physical Property Inspection
-Field Technicians in our Service Department will coordinate routine physical property inspections on a monthly calendar basis to provide accurate information regarding, but not limited to the common areas, elevators, parking lots, electrical/mechanical rooms, roof and any other areas pertaining to the building. These inspections will be followed through with a report and live pictures, allowing viewers to gain a proper understanding of the daily building operations and necessities. • Obtain Bids, Contract/Vendor Selections, Negotiating, Contract Review and Coordination
-Service Department will properly collect and review any related work and information regarding the buildings service operations with Vendors, Bids, Building Projects, and Service Repairs. Among these items, our service department will attentively review and make recommendations when obtaining bids. Properly analyzing each bid will ensure the accurate scope of work is being met and completed.
• HVAC
• Plumbing
• Locksmith
• Pest Control
• Fire Sprinklers
• Fire Extinguishers
• Fire Alarm Monitoring
• Backflow
• Electrical
• Roof
• Laundry Equipment Maintenance
• Graffiti Removal
• Kitchen Suppression
• Water Filter Services
• Kitchen Exhaust (Hood Range)
Docusign Envelope ID: 9B992D14-D851-4732-92F8-624B7268E1F0 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 254
388 East Valley Blvd., Suite #105, Alhambra, CA 91801 . Bus. 626−458−6262 Text. (601) 202−1072 www. SilverstonePM.com
iii. Relevant Experience

1. Signal Hill Town Center West
Property Address: 1600 E Willow St Signal Hill CA 90755- 1920 E Willow St Signal Hill CA 90755 SSPM manages Signal Hill Town Center, a shopping center in Signal Hill, encompassing approximately 350,000 sqft. Some of the key tenants include:-Food 4 Less-Starbucks-Chevron- McDonalds-Black Bear Dinner- The Breakfast Nook alongside other small independent businesses.

SSPM is responsible for the daily management of Signal Hill Town Center West, including property marketing, lease renewals, service operations, building renovations, city compliances, and project amenities. One of the notable additions brought to this shopping center by SSPM is the installation of 28 Supercharger stations, powered and operated by TESLA, providing an exciting new amenity for visitors and showcasing trusted partnerships with leading companies.

Docusign Envelope ID: 9B992D14-D851-4732-92F8-624B7268E1F0 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 255
388 East Valley Blvd., Suite #105, Alhambra, CA 91801 . Bus. 626−458−6262 Text. (601) 202−1072 www. SilverstonePM.com

2. Valley Vista Office Condo
Property Address: 1470 Valley Vista Dr. Diamond Bar, CA 91765 SSPM manages and oversees the internal operations for this office condo. Valley Vista Office Condo is the first office condominium development in the city of Diamond Bar, right on Corporate Center.

With the expertise from SSPM, the existing office building of approximately 50,000 sqft was transformed and subdivided into 22 modern, high demand office condos.

SSPM has actively participated in the renovation of Diamond Bar's Corporate Center, granting Silverstone the opportunity to introduce a completely new office environment for investors and owners. Leveraging our expertise and knowledge, Valley Vista Office Condos has been established as the benchmark for other projects. This two-story office building, is surrounded with natural light and scenic landscape
Docusign Envelope ID: 9B992D14-D851-4732-92F8-624B7268E1F0 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 256
388 East Valley Blvd., Suite #105, Alhambra, CA 91801 . Bus. 626−458−6262 Text. (601) 202−1072 www. SilverstonePM.com

3. Empire Financial Center- Alhambra
Property Address: 388 East Valley Blvd Alhambra CA 91801 Empire Financial Center in Alhambra is home to one of the HQ offices SSPM resides in. This professional business center provides convenient above & ground parking parking and security guard service. Suites range in size from 1,200 to 3,000 square feet to meet a wide variety of business needs. Current tenants at this property would include, Keller Williams Executive Real Estate Office, ICBC USA (International Bank), Bank of East Asia and Fortune Securities.

At Empire Financial Center, SSPM is in charge of administering, managing, and overseeing all day- to-day operations. SSPM handles all Marketing, Lease Renewals, New Tenant Acquisitions, move- ins and move-outs involving new or existing tenants. Under SSPM's supervision is an Onsite Security Guard who is available Monday through Friday along with a Janitorial Team who is responsible for maintaining the upkeep and presentation of the building.

Docusign Envelope ID: 9B992D14-D851-4732-92F8-624B7268E1F0 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 257
388 East Valley Blvd., Suite #105, Alhambra, CA 91801 . Bus. 626−458−6262 Text. (601) 202−1072 www. SilverstonePM.com

4. Villa Grande Business Condo
Property Address: 17100 Norwalk Blvd Cerritos, CA 90703 Villa Grande Business Condo is the first business condominium project in the city of Cerritos, recognized for its modern, functional, and attractive commercial condominium building. The 2.52 acre property, with over 38,000 square feet, has been renovated and upgraded by SSPM, resulting in a value increase to approximately 16 million dollars.

The Silverstone team successfully presented the Villa Grande project to our investor clients, providing them with precise consulting and project management services from inception to completion. The primary objective was to maximize return on investment, which required meticulous attention to detail throughout the entire process, encompassing design, subdivision processes, permitting, contractor hiring, renovations, supervision, marketing, and sales.

Docusign Envelope ID: 9B992D14-D851-4732-92F8-624B7268E1F0 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 258
388 East Valley Blvd., Suite #105, Alhambra, CA 91801 . Bus. 626−458−6262 Text. (601) 202−1072 www. SilverstonePM.com

5. Greenleaf Shopping Village, Whittier
Property Address: 7201/7203/7205 Greenleaf Ave, Whittier CA 90602 The Greenleaf Shopping Village is host to several esteemed businesses, including The Coffee Bean & Tea Leaf, Greenleaf Cafe, Supercuts, Prime Boudoir, H&R Block, and more. Spanning approximately, 60,000 square feet, this shopping center is located in the Uptown Whittier neighborhood.

At Greenleaf Shopping Village, SSPM is responsible for overseeing all day-to-day operations, which encompass marketing, lease renewals, building compliances, renovations, inspections, and building development. The presence of a Day Porter allows SSPM to swiftly address any issues with an expedited response time. The Day Porter is available on site from 10am-2pm every day of the week.

Docusign Envelope ID: 9B992D14-D851-4732-92F8-624B7268E1F0 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 259
388 East Valley Blvd., Suite #105, Alhambra, CA 91801 . Bus. 626−458−6262 Text. (601) 202−1072 www. SilverstonePM.com
iv. References
References

1. Property Name: Empire Plaza- Financial Service Center Address: 388 East Valley Blvd Alhambra, CA 91801
Approx. 55,011 square footage
Owner: Amay Family Partnership
Contact: Derek Tsai - [email protected]
Phone Number: (323) 583- 3502
Manage and Oversee 3 story commercial office building for owner

2. Property Name: Class A, Office Building
Address: 1470 Valley Vista Dr, Diamond Bar CA 91765
Approx. 52,153 square footage
Owner: Valley Vista Office Condo Association
Contact: Susie Tsai - [email protected]
Phone Number: (323)809-1930
Manage and Oversee 2 story commercial building for owner

3. Property Name: Optum Medical Building
Address: 8311 E. Florence Ave, Downey CA 90240
Approx. 25,579 square footage
Owner: Golden Bull Investment LLC
Contact: Anna Tsai- [email protected]
Phone Number: (626)512-8138
Manager Medical Building for Owner, Property being Leased to Medical Business Docusign Envelope ID: 9B992D14-D851-4732-92F8-624B7268E1F0 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 260
388 East Valley Blvd., Suite #105, Alhambra, CA 91801 . Bus. 626−458−6262 Text. (601) 202−1072 www. SilverstonePM.com

4. Property Name: Towne Center
Address: 1600/1800 E. Willow St Signal Hill CA 90755
Approx. 83,433 square footage
Owner: Towne Center West LLC
Contact: Arthur [email protected]
Phone Number: (626)512-0899
Manage and oversee commercial shopping center for owner

5. Name: Dr. Christopher Yi- Three Office Locations (LA County) Facility Management and Leasing
Website: vvmd.com
Phone Number: (949) 229-2003

6. Property Name: Olive Residential Property
Address: 121 Olive St Glendale CA 91206
Approx. 17,100 square footage with 18 units
Owner: Louis Tseng and Tina Tseng
Contact: [email protected]
Phone Number: (626)833-6783
Manage and Oversee 2 story residential apartment complex with 18 units Print Name: Cloe Learn Date: 6/11/2024 Docusign Envelope ID: 9B992D14-D851-4732-92F8-624B7268E1F0 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 261
388 East Valley Blvd., Suite #105, Alhambra, CA 91801 . Bus. 626−458−6262 Text. (601) 202−1072 www. SilverstonePM.com

2. Vendors
Professionals and Licensed Vendors proposed for 13871 West Street, Garden Grove, CA, 92843 • Seacliff Mechanical Services (SMS) (Plumbing)
• Top Notch Top Notch Plumbing (Plumbing)
• Anderson Commercial Plumbing (Plumbing)
• Seacliff Mechanical Services (SMS) (HVAC)
• Triton Air (HVAC)
• Evolution Mechanical (HVAC)
• Eddie Sieus's Perfect Lock & Security (Locksmith)
• Zac Key's (Locksmith)
• Hill's Bros. Lock & Safe (Locksmith)
• Dewey Pest Control (Pest)
• Hydrex Pest Control (Pest)
• C2C Pest Control (Pest)
• Blackbird Fire Protection (Fire Sprinklers)
• Kelly's Fire Protection (Fire Sprinklers)
• Fortis Fire & Safety (Fire Sprinklers)
• J&F Fire Extinguishers (Fire Extinguisher)
• Blackbird Fire Protection (Fire Extinguisher)
• Certified Fire Extinguisher (Fire Extinguisher)
• ERS Security (Fire Alarm)
• United Security Systems Inc. (Fire Alarm)
• Cintas Fire Protection (Fire Alarm)
• Aqua Tech Backflow (Backflow)
• Basic Backflow (Backflow)
• Cintas Fire Protection (Backflow)
• Goliath Roofing (Electrical)
• Horizon Lighting (Electrical)
• Amelec Co. (Electrical)
• Goliath Roofing (Roof)
• Atlas Roofing (Roof)
• Highland Roofing (Highland Roofing)
• Dadson's Laundry (Laundry Equipment)
• High End Appliance Services (Laundry Equipment)
• Graffiti Pros LA (Graffiti Removal)
• Orange County Graffiti Removal
• Alert Power Washing (Graffiti Removal)
• Cintas Fire Protection (Kitchen Suppression)
• Water System Services ( Water Filtering Services)
• Grease Trap Cleaning
• Grease Management Solutions
• All In Sanitation
• Grease Away Fire Protection
Docusign Envelope ID: 9B992D14-D851-4732-92F8-624B7268E1F0 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 262
388 East Valley Blvd., Suite #105, Alhambra, CA 91801 . Bus. 626−458−6262 Text. (601) 202−1072 www. SilverstonePM.com

3.Billing - Accounting
a. Description of Accounting Services and Platforms
• Our firm employs YARDI accounting services and platforms that are equipped with robust data processing capabilities, ensuring accuracy and efficiency in financial reporting. • Our platforms are customizable and adaptable to meet the specific needs of the City and comply with generally accepted accounting principles.
• The City can log into the system as the owner to obtain and view all property data in real time 24/7.
b. Internal Control Policies and Procedures
• Our company has implemented thorough policies and procedures that prioritize robust internal controls for the protection of financial assets and data. These policies and procedures undergo regular review by our corporate attorney to ensure compliance with regulatory standards. • We consistently assess and update our internal control framework to minimize risks and improve transparency.
c. Billing
• SSPM is tasked with gathering all invoices related to assignments and work that has been verified as completed by Property Management's Service Department. After collecting the invoice, SSPM will then deduct the funds from the designated Trust Account based on the authorization and approval from the City of Garden Grove, in order to make the payment for the invoice on a timely manner. City Representatives will receive all receipts, documentation, and details for each billing, on the period monthly statements Docusign Envelope ID: 9B992D14-D851-4732-92F8-624B7268E1F0 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 263
388 East Valley Blvd., Suite #105, Alhambra, CA 91801 . Bus. 626−458−6262 Text. (601) 202−1072 www. SilverstonePM.com

4. Repair, Maintenance/Operations Program
a. Maintenance Personnel:
- All maintenance for the property located at 13871 West Street, Garden Grove, CA, 92843 will be handled by contract work or on-call services from our shared Vendor List. Scheduled work will take place during Local Business Hours to prevent overtime or weekend work. The Proposer will consult with the City for approval if overtime or weekend work is necessary. b. Reactive Service Calls:
- The Proposer will have an approval budget of $1,000.00 for any reactive or emergency service call required to be completed on site. For service calls above the approval limit, the Proposer will follow up with the City for approval and may reach out to nearby vendors or utilize the Building's Vendor List for a second estimate.
c. After-Hours Service Calls and Emergency Responses:
- Any after-hour service call or emergency response will be directed to the Building Service Supervisor, who will analyze the situation and address the issue accordingly. The Building Service Supervisor will either contact a vendor for service repair or the required building vendor for assistance. Our allocated Vendors work 24/7 and will be available for any after hours call or emergencies, as needed.
d. Property Inspections:
- The Proposer will schedule Property Inspections twice a month with the Building's Service Supervisor. Inspections will consist of a full perimeter walkthrough of the interior and exterior of the property, including live pictures and a detailed report suggesting any necessary repairs, such as HVAC, Roof, Fire Alarm, Sprinklers, Plumbing, Electrical, Mechanical and others. e. How the Proposer will ensure the Property is adequately maintained:
- The Proposer will hold all designated vendors, contractors, and assigned personnel accountable for maintaining the building 24/7. With onsite personnel and monthly property visits by the Building Service Supervisor, all areas will be overseen daily to ensure the right preventative maintenance services are implemented, minimizing any reactive service calls to the Building.

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f. A description of the process for emergency service and project specialized work:

In the case of emergency service and project specialized work, the Building Service Supervisor will communicate and coordinate important information such as times, dates, and notes with onsite personnel and representatives of 13871 West St Garden Grove CA 92843. They will then collaborate with allocated Vendors to determine who will be onsite to effectively address the issue. If the emergency occurs during business hours, the Building Service Supervisor may arrange for designated rooms or compartments to be accessible for Vendors and Technicians to use as needed.

However, if the event takes place afterhours or on weekends, the Building Service Supervisor may be present onsite to assist with the necessary arrangements for repairs or projects. Building Service Supervisor, Fidel Moreno, will handle the dispatch of the recommended vendor to address the issue appropriately.
g. Describe the outside vendor services the Proposer typically employs; - The Proposer utilizes vendors recommended for the property or those with a history of servicing the building. Ideally, the Vendor List would include vendors servicing the building on a yearly schedule for Plumbing, HVAC, Fire Sprinklers, Fire Extinguishers, Pest Control, Roof, Backflow, and others. The Proposer may also seek competitive bids/estimates for certain service repairs to ensure the cost recommendations are being taken.
h. Describe how vendors are initially vetted. Describe how vendors' performance are monitored;
- Upon reviewing any new vendor inquiry, the Proposer ensures that required documents (e.g., Certificate of Insurance, Licenses, Permits, Garden Grove Business License Good Standing) are collected before assigning any service work. Work is assigned to the vendor on an as-needed basis or contract once the process is completed and confirmed. The Building Service Supervisor reviews and confirms all work before invoice payment is processed. Any vendors failing to meet obligations or standards are removed from the list.
i. How will the Proposer assist the City identify and correct potential safety risks or hazard. - Using Property Inspections, reports, and live pictures, the Proposer immediately presents any presented or potential safety risk/hazard to the City. Once the information is gathered, appropriate solutions are implemented to address the issue.

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j. How will the Proposer assist the City identify and correct potential safety risks or hazard. - Using Property Inspections, reports, and live pictures, the Proposer immediately presents any presented or potential safety risk/hazard to the City. Once the information is gathered, appropriate solutions are implemented to address the issue.
g. A description of the process for routine maintenance. Provide a sample scheduled/preventative maintenance plan (quarterly and annually) - Routine Maintenance for 13871 West St, Garden Grove, CA, 92840, will be categorized into its own department service such as;
- Elevator - Roof - Fire Alarm Panel - Fire Extinguishers - Plumbing - HVAC - Fire Sprinklers- Backflows & Common Area Routine Maintenance
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5. Insurance
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H. Acknowledgement Of Terms Of Agreement, Fees
Acknowledgement of Terms
We hereby acknowledge and agree to the terms and conditions outlined in the Property Management Proposal.
a. Facilities Management Fee - $4,100.00 Monthly
Signature: Date: 6/11/2024
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Statement of Compliance
The undersigned Proposer declares that the Proposal submitted to furnish Facilities Management Services for Property: 13871 West St Garden Grove, CA, 92843 per the RFP specifications as described in, and in response to the City of Garden Grove RFP GPM-NO. 2301 was prepared in strict compliance with the instructions, conditions, and terms listed in the Request for Proposal, Scope of Services, and Draft Agreement, with exceptions listed below, if applicable. At least one box for each item must be checked.

RFP Instructions an Terms and Conditions (Check One)
No exceptions Taken Exceptions Taken Scope of Services (Check One)
No exceptions Taken Exceptions Taken
Draft Agreement/Insurance Requirements (Check One)
No exceptions Taken Exceptions Taken
If any exceptions are taken, this Statement of Compliance shall include a narrative that identifies each item to which the Proposer is taking exception or is recommending change, including the suggested rewording of the contractual obligations or suggested change in the Request for Proposal, and identifies the reasons for submitting the proposed exception or change. When available, please reference specific line item as provided in the Request for Proposal. The City reserves the right to rule as non-responsive and reject any Proposals that are not accompanied with the required documentation as described above.

Proposer's Name: Silverstone Property Management Co.

Signature:

Print Name: Cloe Learn
Date: 6/11/2024
Print Title: Director
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APPENDIX A
Professional Services Agreement
This Agreement is made 11th day of June , 2024, by the City of Garden Grove, a municipal corporation, ("CITY") and Silverstone Property Management Co. herein after referred to as "CONSULTANT".

Recitals
The following recitals are a substantive part of this Agreement;

1. This Agreement is entered into pursuant to Garden Grove City Council approval dated ________________ .

2. CITY desires to utilize the services of CONSULTANT to Provide Real Estate Services for Five Story Commercial Building.

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 term of the agreement shall be effective as of the date first set forth above. This Agreement shall commence upon the effective date of this Agreement, and shall remain and continue in effort until tasks described herein are completed by the due date unless otherwise terminated prior to this date pursuant to the provisions of this Agreement.

2. Services to be Provided. The services to be performed by CONSULTANT shall consist of tasks, including but not limited to the Scope of Services listed in Exhibit "A", and is incorporated herein by reference. The exhibit and this 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 (NTE) amount of $4,100.00, payable in arrears and in accordance with the Rate and Fee Estimate attached in Exhibit "A".

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 required, and payment shall be based on Rate and Fee Estimate included in Exhibit "A".

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

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

4. Insurance Requirements

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

4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONSULTANT and all sub-contractors shall maintain Workers Compensation. Insurance in the amount of $1,000,000.00 per occurrence, $1,000,000.00 aggregate.

4.3 INSURANCE AMOUNTS. CONSULTANT shall maintain the following insurance for the duration of this Agreement:
(a) Commercial general liability in an amount of $2,000,000.00 per occurrence, $2,000,000.00 aggregate (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 per occurrence, $2,000,000.00 aggregate (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 in an amount not less than $2,000,000, $3,000,000.00 aggregate.

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 effect at all times during the term of the agreement, and for a period of three (3) years from the date of 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.

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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 CONSULTANT. CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to CITY's requirements, as approved by the CITY.

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

For any claims related to this Agreement, CONSULTANT's insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of the CONSULTANTS'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.

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

8. Compliance with Law. CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government. CONSULTANT shall comply with, and shall be responsible for causing all CONSULTANT'S and sub-CONSULTANT's 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 requirement.

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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 CONSULTANT is as follows:

Silverstone Property Management Co.
388 East Valley Blvd Suite #105
Alhambra CA, 91801
b. Address of CITY is as follows:

Department of Community Development
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840

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

11. 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.

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

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

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

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 the law, CONSULTANT shall defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or person, or damages of any nature, including attorney's fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONSULTANT, CONSULTANT's agents, officers employees, sub-CONSULTANTs, or independent CONSULTANTs hired by CONSULTANT in the performance of the Agreement. The only exception to CONSULTANT's responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.

17. 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.

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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 commenced 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 this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.
\ \ \ \
(Agreement Signature Block on Next Page)
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IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: 6/11/2024
"CITY"

CITY OF GARDEN GROVE
By; ________________ __
City Manager
ATTESTED:
_____________________
City Clerk
Date:_________________
"CONSULTANT"
Silverstone Property Management Co.

By: Cloe Learn Signature:

Name: Real EstateServices
Title: Director
Date: 6/11/2024
Tax I.D.: 455636866
Broker's License: 01318605
Expiration Date:07/11/2024
If CONSULTANT is a corporation, a Corporate Resolution and/or Corporate Seal is required. If a partnership, Statement of Partnership must be submitted toCITY.

APPROVED ASTOFORM:
________________________
Garden Grove City Attorney
Date:__________________
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
07/07/2024
Eversafe Insurance Agency, Inc.
10508 Lower Azusa Rd
Suite 202
El Monte
CA
91731
Kelly Guan
(626) 821-4900
(626) 226-4014
[email protected]
Silverstone Property Management Company
388 E Valley Blvd
Ste 105
Alhambra
CA
91801
Hartford Underwriters Insurance Company
30104
Employers Preferred Insurance Company
10346
Scottsdale Indemnity Company
15580
A
Y
Y
72SBMBC3DWM
12/15/2023
12/15/2024
1,000,000
1,000,000
10,000
1,000,000
2,000,000
2,000,000
B
Y
Y
EIG2120273-10
07/01/2024
07/01/2025
1,000,000
1,000,000
1,000,000
C

PROFESSIONAL LIABILITY -

CLAIMS MADE
EKI3505800
12/15/2023
12/15/2024

EACH CLAIM
$1,000,000

GENERAL AGGREGATE
$2,000,000

RETENTION
$5,000
City of Garden Grove, its officers, officials, employees, and agents are added as additional insureds for liability arising out of work or operations performed by or on behalf of the Broker.

City of Garden Grove
11222 Acacia Pkwy
Garden Grove
CA
92840
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Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

State Or Governmental Agency Or Subdivision Or Political Subdivision:

City of Garden Grove
Its officers, officials, employees, and agents
11222 Acacia Pkwy
Garden Grove, CA 92840
POLICY NUMBER: 72SBMBC3DWM COMMERCIAL GENERAL LIABILITY CG 20 12 05 09

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION – PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Section II – Who Is An Insured is amended to in-
clude as an insured any state or governmental agen-
cy or subdivision or political subdivision shown in the Schedule, subject to the following provisions:

1. This insurance applies only with respect to opera-
tions performed by you or on your behalf for which
the state or governmental agency or subdivision or
political subdivision has issued a permit or autho-
rization.

2. This insurance does not apply to:
a. "Bodily injury", "property damage" or "personal
and advertising injury" arising out of operations
performed for the federal government, state or
municipality; or
b. "Bodily injury" or "property damage" included
within the "products-completed operations ha-
zard".

CG 20 12 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1  Docusign Envelope ID: 9B992D14-D851-4732-92F8-624B7268E1F0 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 279
POLICY NUMBER: 72SBMBC3DWM COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT

CAREFULLY

PRIMARY AND NONCONTRIBUTORY-

OTHER INSURANCE CONDITION

This endorsement modifies Insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

Name of Person or Organization:

City of Garden Grove
11222 Acacia Pkwy
Garden Grove, CA 92840

Primary And Noncontributory Insurance

This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
(1) The additional insured is a Named Insured under such other insurance; and
(2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

CG 20 01 04 13 Insurance Services Office, Inc., 2012 Docusign Envelope ID: 9B992D14-D851-4732-92F8-624B7268E1F0 Docusign Envelope ID: 0BDB9839-0617-4870-A371-CD8025010C34 280
Print Date 9/4/2025 11:33:22 AM