Premise: 6,906 Rentable Square Feet located at Suite 101A, 11277 Garden Grove Boulevard, Garden Grove, CA 92480.
Lease Term: One (1) year, commencing July 1, 2026, with the option to extend for up to two (2) additional one-year terms, for a maximum term of three (3) years. Base Rent: $1.95 per square foot per month.
Annual Rent Adjustment : The monthly base rent will be determined according to the rent schedule in the lease agreement, with fixed annual rental adjustments of three (3) percent commencing July 1, 2027, and continuing until the lease expires.
FINANCIAL IMPACT
The City will receive monthly lease payments of $13,471.98 starting on the effective date, July 1, 2026. Beginning July 1, 2027, rent will increase by three (3) percent annually until the expiration of the contract term.
RECOMMENDATION
It is recommended that the City Council:
Approve the Lease Agreement between the City of Garden Grove and the Orange County Association for Mental Health for office space (Suite 101A) located at 11277 Garden Grove Boulevard with a lease term of one (1) year, commencing July 1, 2026, with the option to extend for up to two (2) additional one-year terms, for a maximum term of three (3) years.; and Authorize the City Manager , or designee, to execute the Lease Agreement, including minor modifications or amendments as appropriate, and any other pertinent documents necessary to effectuate and/or implement the Lease Agreement, on behalf of the City.
By: Eric Hong, Administrative Analyst
ATTACHMENT(S)
1. Lease Agreement - Orange County Association for Mental Health
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1 LEASE AGREEMENT
This Lease Agreement (“Lease”) is made and entered into by and between ORANGE COUNTY ASSOCIATION FOR MENTAL HEALTH, a California nonprofit corporation (“Tenant”) and the CITY OF GARDEN GROVE , a California municipal corporation (“Landlord”) as of July 1, 2026.
Landlord and Tenant are referenced in the aggregate as “Parties” and sometimes, when a provision applies to each of them individually, as a “Party.”
Recitals
A. Landlord owns certain real property located at 11277 Garden Grove Boulevard, in the City of Garden Grove, California ("Premises"). Tenant wishes to lease Suite 101A on the first floor of the Premises, which is comprised of approximately 6,906 sq. ft. of leasable office space.
B. Tenant wishes to use the leased Premises for office uses.
C. Landlord has agreed to let the Premises to Tenant subject to the terms and conditions of this Lease.
NOW THEREFORE, the Parties hereto agree as follows:
Agreement
1. Lease of Premises.
(a) Landlord hereby leases to Tenant and Tenant hereby leases from Lessor, the space within the building on that certain property located at 11277 Garden Grove Boulevard, Suite 101A, in Garden Grove, consisting of approximately 6,906 square feet of rentable space (the “Premises”). (b) The Effective Date of this Lease is July 1, 2026. It is understood by the Parties that the Premises is “AS IS” condition.
2. Term and Termination.
(a) Term and Renewal . This Lease shall be for a one (1) year term, commencing as the Effective Date. The Parties may extend the term of this Lease for up two (2) terms of 12 months each, for a total of three (3) years. Commencing July 1, 2027 and annually thereafter, the rent shall increase by three percent (3%) as outlined in the rent schedule in Exhibit A. (b) Termination and Holding Over. Either Party may terminate this Lease for any reason upon 90 days written notice to the other, termination of which shall be effective immediately upon the end of the 90 days’ period. Upon termination of this Lease, possession of the Premises, including all improvements thereon, shall be surrendered to Landlord immediately. In the event the Tenant holds over beyond the term herein provided with the express or implied consent of the Landlord, such holding over shall be from month -to-month only, subject to the conditions of this Lease. Such holding over shall not be construed as a renewal of this Lease and shall be at the then applicable monthly compensation provided in this Lease plus a three percent increase (3%). Such holdover period shall be subject to termination upon 30 days’ notice.
(c) Trade Fixtures and Personal Property. Upon the termination of the Lease, Tenant shall remove all its fixtures, furniture, and equipment on the Premises to the extent they are not permanently 374
2 affixed, and immediately repair any damage resulting from such removal so as to leave the Premises in the condition prior to Tenant’s occupancy, reasonable wear and tear excepted. Tenant may finance its movable fixtures and equipment installed in the Premises, and such financing will not be considered an assignment, provided it does not confer an interest in the Premises. (d) Ownership of Improvements Condition on Tenant’s Surrender . On the date of termination of this Lease, Tenant shall peacefully surrender and quit the Premises and all improvements broom clean, in good order, condition and repair, reasonable wear and tear excepted only. At its expense, Tenant shall remove all of its trade fixtures and personal property and repair any damage to the Premises occasioned by removal of these items.
3. Rent.
(a) Monthly Base Rent . Tenant agrees to pay the Landlord, without notice of demand, offset or deduction, monthly rent in the sum of Thirteen Thousand Four Hundred Seventy-One Dollars and Ninety Eight Cents ($13,471.98) per month commencing on the Effective Date , in advance, on or before the 5th day of each month. Thereafter, the monthly base rental rate shall increase annually pursuant to Section 1(a) above.
(b) Proration. Rent for any period which is less than one (1) month shall be a prorated portion of the monthly installment based upon a 30-day month. Rent shall be paid to Landlord without deduction or offset, in lawful money of the United States of America and at such place as Landlord may from time to time designate in writing.
(c) Late Charges. Tenant acknowledges that late payme nt of rent or other sums due will cause Landlord to incur costs, the exact amount of which will be difficult to ascertain. Accordingly, if any installment of rent or any other sum due form the Tenant is not received by Landlord within of the maximum amount allowed by law or five percent (5%) of such overdue amount. In addition, Tenant shall pay Landlord any attorney’s fees or other charges when due hereunder. In addition, all unpaid amounts shall accrue interest from the date due the lesser of the maximum rate allowed by law or seven percent (7%) per annum until paid.
(d) No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than any payment of Rent due shall be deemed to be other than on account of the amount due, and no endorsement or statement on any check or any letter accompanying any check or payment without prejudice to Landlord’s right to recover the balance of such payment of Rent or to pursue any other remedies available to Landlord. No receipt of money by Landlor d from Tenant after the termination of this Lease or Tenant’s right of possession of the Premises shall reinstate continue or extend the Term.
4. Security Deposit.
Upon execution of this Lease, Tenant will pay Landlord a Security Deposit in the sum of Ten Thousand One Hundred Ninety Five Dollars ($10,195.00). The Security Deposit shall not bear interest and will be held by Landlord as security for Tenant’s faithful performance of all of Tenant obligation under this Lease. If Landlord applies all or part of the Security Deposit to the payment of Rent or to any loss or damage to Landlord due to Tenant’s default, then within five (5) days after Notice. Tenant will deposit sufficient cash with Landlord to restore the Security Deposit to the amount originally deposited. If Tenant performs all of its obligations under this Lease, the Security Deposit or any remaining balance will be returned to Tenant within fifteen (15) days of the expiration or earlier termination of this Lease.
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3 5. Reserved.
6. Use of Premises.
(a) General Use. Tenant and any subcontractor authorized by Tenant shall use and occupy the Premises, solely for its customary use as office uses. (b) Limitations. Notwithstanding the forgoing permitted uses in subsection (a), Tenant shall not cause or permit the Premises to be used in any way that: (i) constitutes a violation of any law, ordinance, or governmental regulation or order regulating the manner of use by Tenant of the Premises (including, without limitation, any law, ordinance, regulation or order relating to Hazardous Materials), (ii) constitutes a nuisance or waste, or (iii) increase the cost of any insurance relating to the Premises paid by Landlord. Tenant shall obtain, at its sole cost and expense, all governmental permits, licenses and authorizations of whatever nature required by any governmental agencies having jurisdiction over Tenant’s use of the Premises. Further, Tenant, at its sole cost will comply with all applicable governmental laws and regulations in connection with its operations within the City of Garden Grove. (c) Safety. Tenant shall immediately correct any unsafe condition of the Premises, as well as any unsafe practices occurring thereon, Tenant shall cooperate fully with Landlord in the investigation of any injury or death occurring on the Prem ises, including a prompt report thereof to Landlord’s property manager or designee.
(d) Nuisances and Annoyances. Tenant shall not or permit the use of the Premises in any manner which creates a nuisance or measurable annoyance to persons outside the Premises except as may be required by law or necessary or advisable for safety purposes.
7. Taxes.
(a) Real Property Taxes. Should the property interest conveyed by this Lease be subject to real property taxation and/or assessments, Tenant shall pay, before delinquency, all lawful taxes, assessments, fees or charges which may be levied by the State, County, City, or any other tax or assessment-levying body upon the Premises and any improvements thereon. "Taxes" shall include any form of tax or assessment (whether special or general, ordinary or extraordinary, foreseen or unforeseen), license fee, tax or excise on Rent or any interest of Landlord or Tenant (including any legal or equitable interest of Landlord or its beneficiary under a deed of trust, if any) in the Premises or the underlying realty. Taxes for any partial year shall be prorated. (b) Personal Property Taxes. Tenant shall pay all taxes charged against trade fixtures, furnishings, equipment or any other personal property belonging to Tenant. Tenant shall use commercially reasonable efforts to have personal property taxed separately from the Premises. If any of Tenant’s personal property is taxed with the Premises and paid by Landlord, Tenant shall reimburse Landlord the taxes for the personal property within 15 days after Tenant receives a written statement from Landlord for such personal property taxes, together with reasonable evidence showing the amount of personal property taxes paid by Landlord.
(c) Contesting Taxes. Tenant shall have the right to contest any Taxes, at its own cost and in its own name, and Landlord shall not pay any such Taxes; provided, however, that Tenant shall take such steps as may be required to perfect the contest, including payment of the Taxes under protest prior to an appeal of adverse determination of the contest. Upon final determination of any such contest (and if the Taxes have not already been paid under protest), Tenant shall pay the Taxes for which it is responsible hereunder as they are finally determined and all penalties, interest, costs, and expenses 376
4 which may thereupon be due or have resulted therefrom. If Tenant contests any Taxes and such contest interferes with any proposed sale, financing or refinancing affecting the Premises, which Landlord has either commenced or is about to commence, upon Landlord's written request, Tenant shall either furnish to Landlord security in the amount of such contested Taxes, plus estimated costs and interest, or a bond of a responsible corporate surety in such amount.
8. Utilities.
(a) Electrical and Plumbing. Landlord shall provide the electrical and plumbing utilities to the Premises.
(b) Utility Charges. Tenant agrees to pay directly to the appropriate utility company all charges for all utilities, including telephone, cable television, telecommunications, or any other utilities and other systems and lines exclusively serving the Premises. It is understood by the Parties that this section shall apply only to the portion of the Premises leased and occupied by Tenant. Tenant shall not be liable for costs/charges associated with property outside the scope of this lease. (c) Waiver of Liability. Regardless of the entity supplying any of the utilities or providing any service referred to in this section, Landlord shall not be liable in damages for any failure or interruption of any utility or service unless such failure was due to the intentional or negligent acts of Landlord or its agents. No failure or interruption of any utility or service shall entitle Tenant to terminate this Lease or discontinue making payments of Rent. (d) Tenant's Nonpayment . If Tenant fails to timely pay any charges referred to in this section, Landlord may pay the charge and Tenant shall reimburse Landlord such amount, as Additional Rent, within five (5) days of demand therefor.
9. Improvements and Signage.
The Premises as of the Effective Date, no structure, sign or other improvement of any kind shall be constructed on the Premises by Tenant, its employees, agents, subcontractors or contractors without the prior written approval of Landlord in each case. Approval may be withheld, conditioned or delayed in Landlord’s sole and absolute discretion. No changes, modifications or alterations from approved plans and specifications may be made without Landlord’s prior written approval. No approval by Landlord of any plans or specifications shall constitute (i) approval of architectural or engineering sufficiency or representation, or (ii) warranty by Landlord as to the adequacy or sufficiency of the plans and specifications or the improvements contemplated for Tenant’s use or purpose. Landlord, by approving the plans and specifications, assumes no responsibility or liability for any defect in any improvements constructed on the basis of the plans and specifications. Tenant expressly agrees to comply with all applicable signage ordinances and shall be responsible for the general maintenance and repair of any signage to the Landlord's satisfaction.
10. Damage to Premises.
Tenant shall be responsible for any damage done in or to the Premises caused by Tenant or its employees, agents, contractors, subcontractors, customers or invitees, or any burglar, vandal, or unauthorized entrant.
11. Landlord's Right of Entry.
Landlord or its authorized representatives may enter the Premises following at least 72 hours' 377
5 notice to Tenant during Tenant's regular business hours (except in a case of emergency) to: (a) inspect the Premises; (b) perform any obligation or exercise any right or remedy of Landlord under this Lease; (c) make repairs, alterations, improvements or additions to the leased Premises or to other portions of the Premises; (d) perform work necessary to comply with laws, ordinances, rules or regulations of any public authority or of any insurance underwriter; and (e) perform work that Landlord deems necessary to prevent waste or deterioration of the Premises should Tenant fail to promptly commence and complete such repairs within 15 days after Notice. In exercising its right of entry provided for herein, Landlord and its contractors shall minimize any alteration or disruption to Tenant's use of the Premises.
12. Liens.
Tenant shall not permit to be placed against the Premises, or any other part of the Premises, any mechanics’, materialmen’s, contractors’, subcontractors’ or other liens. Tenant shall indemnify, defend (with counsel acceptable to Landlord) and hold Landlord harmless from all liability for any and all liens, claims and demands, together with the costs of defense and reasonable attorneys’ fees related to same. Landlord reserves the right, at any time and from time to time, to post and maintain on the Premises, any portion thereof or on the improvements on the Premises any notices of non- responsibility or oth er notice as may be desirable to protect Landlord against liability. In addition to and not in limitation of Landlord’s other rights and remedies under this Lease, should Tenant fail, within 15 days of a written request from Landlord, to discharge any lien or claim related to Tenant’s use of the Premises or the Premises, or to indemnify, hold harmless and defend Landlord from and against any loss, damage, injury, liability or claim arising out of Tenant’s use of the Premises as provided above, then Landlord, at its option, may elect to pay any lien, claim, loss, demand, injury, liability or damages, or settle or discharge any action or satisfy any judgment and all costs, expenses and attorneys’ fees incurred in doing so shall be paid to Landlord by Tenant upon written demand, together with interest thereon at the rate of seven percent (7%) per annum (but in no event more than the maximum interest rate permitted by law) from the date incurred or paid through and including the date of payment.
13. Indemnity.
As a material part of the consideration to Landlord, Tenant shall pay for, defend (with an attorney approved by Landlord), indemnify, and hold Landlord and its elected and appointed officials, officers, employees, representatives and agents (together "Indemnitees") harmless from any damage or injury and from all claims, judgments, liabilities, penalties, costs and expenses, including attorneys' fees and costs (collectively, "Costs"), in any way connected to Tenant's (or anyone acting directly or indirectly by or through Tenant) use or operation on the Premises, or any repairs, alterations or improvements which Tenant may make or cause to be made on the Premises, or by any breach of this Lease by Tenant, or by any existing condition, defect, matter or thing or about the Premises or any part thereof or any equipment or appurtenance therein and any loss or interruption of business or loss of Rent income resulting from any of the foregoing; provided, however, Tenant shall not be liable for Costs to the extent such dam age or injury is ultimately determined to be caused by the negligence or misconduct of Landlord. Notwithstanding the foregoing, Tenant shall in all cases accept any tender of defense of any action or proceeding in which any of the Indemnitees is or are nam ed or made a party and shall defend the Indemnitees as provided herein until a final determination of negligence or misconduct is made. Costs shall also include all of Indemnitees' reasonable attorneys' fees, litigation costs, investigation costs and court costs and all other costs, expenses and liabilities incurred by any of the Indemnitees or their counsel(s) from the first Notice that any claim or demand is to be made or may be made. Notwithstanding any other provision hereof, Tenant's obligations under this section shall survive the termination of this Lease.
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6 14. Insurance.
(a) Commercial General Liability . Tenant, at its sole cost and expense, shall, during the entire Term, any extension and holdover period, keep in full force and effect a policy or policies o f commercial general liability insurance and property damage insurance with respect to the Premises and the operations by Tenant in which the combined single limit of liability shall be not less than $1,000,000. Tenant shall also maintain a standard form all -risk policy covering fire and extended coverage, vandalism, malicious mischief, sprinkler leakage and other perils of direct physical loss or damage insuring the personal property, trade fixtures and equipment of Tenant. Said policies shall name Landlord as additional insured and contain a clause that the insurer may not cancel or change the insurance coverage limits without first giving Landlord thirty (30) days’ prior written notice, except cancellation for nonpayment of premium, in which case only ten (10) days’ prior written notice shall be required. Tenant’s commercial general liability insurance shall include a contractual liability endorsement insuring performance of all indemnities of Tenant un der this Lease and a cross - liability endorsement to the extent insurable. Said insurance policy shall be with an insurance company or companies with general policy holders’ rating of not less than “A -VIII” as rated in the most current available Best’s Key Rating Guide and which are qualified to do business in the state in which the Premises are located. Tenant may satisfy this insurance requirement through a program of self- insurance.
(b) Risk of Loss. Landlord shall not be liable for injury to any person or for any damage to personal property sustained by Tenant or others that are caused by any defects in said Premises or the Premises, or any service facilities or due to the happening of accident, including any damage caused by water, wind storm, or by any ga s, steam, electrical wiring, sprinkler system, plumbing, heating or conditioning apparatus; theft; or acts or omissions of co-tenants or other occupants of the Premises, or hereafter occurring therein or due to any part or appurtenance thereof, including any and all furniture, fixtures, and equipment of Tenant becoming out of repair, or from any act or omission of Tenant. (c) Waiver of Subrogation. Tenant hereby releases Landlord from liability and waives all right of recovery against Landlord for any loss in or around the Premises from perils insured against under its fire or liability insurance contracts, including any all risk endorsements thereof, whether due to negligence or any other cause, provided that this section shall be inapplicable if it would have the effect, but only to the extent it would have the effect, of invalidating any insurance coverage of Landlord or Tenant. Nothing herein shall relieve Tenant of its obligation to request and procure, to the extent available on a commercially reasonable b asis, the necessary endorsements required to validly waive subrogation in accordance with this section. Tenant shall, at the request of Landlord, execute and deliver to Landlord a Waiver of Subrogation in the form and content as reasonably required by Land lord’s insurance carrier. To the extent Tenant fails to maintain the insurance required under the terms of this Lease, such failure shall be a defense to any claim asserted by Tenant against Landlord by reason of any loss sustained by Tenant due to circumstances that would have been covered had such required insurance been maintained.
(d) Certificate of Insurance. A certificate issued by the insurance carrier for each policy of insurance required to be maintained by Tenant under the provisions of this Lease shall be delivered to Landlord upon or before the delivery of the Premises to Tenant for any purpose. Each of said certificates of insurance and each such policy of insurance required to be maintained by Tenant hereunder shall expressly evidence insurance coverage as required by this Lease. 379
7 15. Destruction.
(a) Non-Termination and Non-Abatement. Except as expressly provided in subsection (b), no destruction or damage to the Premises or any improvements located thereon by fire, windstorm or other casualty, whether insured or uninsured, shall entitle Tenant to terminate this Lease or to an abatement of Rent hereunder; provided, however, that both Landlord and Tenant each reserve rights to terminate this Lease upon thirty (30) days' notice as provided herein. (b) Repair of Damage. If the leased Premises is/are totally destroyed or damaged or rendered wholly untenantable by fire or other casualty, then Landlord and Tenant shall each have the right to terminate this Lease by giving Notice to the other Party within th irty (30) days after the date of destruction. Upon termination of the Lease pursuant to this section, all insurance proceeds relating to the leased Premises shall be paid to Landlord (exclusive of Tenant coverage for personal/business property and/or personal injury). If Tenant does not terminate the Lease within thirty (30) days from the expiration of such 30-day period, Tenant shall pay Rent unabated and all insurance proceeds shall be paid to Tenant. If the leased Premises is partially damaged or rendered partially untenantable by fire or other casualty, Tenant shall, within thirty (30) days from the date of such destruction, begin the repair or replacement of the portion of the leased Premises affected; provided, however, that both Landlord and Tenant each reserve rights to terminate this Lease upon thirty (30) days' notice as provided herein.
16. Default and Remedies.
Should Tenant be in default with respect to any monetary obligation pursuant to the terms of this Lease for a period of fifteen (15) days, or should Tenant vacate or abandon the Premises, then Landlord may treat any such event as a material breach of this Lease and in addition to any or all other rights or remedies of Landlord by law provided, should Tenant be in default with respect to any other obligation contained in this Lease, then Landlord may request by written notice that Tenant cure the breach within fifteen (15) days. If Tenant does not cure the breach within fifteen (15) days, then Landlord may terminate this Lease. Landlord shall have the right, at Landlord’s option, without further notice or demand of any kind to Tenant or any other person to declare the Lease terminated and to re - enter and take possession of the Premises and remove all persons therefrom. Should Landlord elect to terminate this Lease pursuant to this section, Landlord may recover from Tenant all damages caused as a result of Tenant’s default.
17. Waiver.
Any waiver by Landlord of any default or breach of any covenant, condition, term, and agreement contained in this Lease, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by Landlord to require exact, full, and complete compliance with any of the covenants, conditions, terms, or agreements contained in this Lease be construed as changing the terms of this Lease in any manner or preventing Landlord from enforcing the full provisions hereof.
No delay, failure, omission of Landlord to exercise any right, power, privilege, or option arising from any default or breach, nor any subsequent acceptance of payment then or thereafter by Landlord, shall impair any such right, power, privilege, or option or be construed as a waiver of or acquiescence in such default or breach, or as a relinquishment of any right. The rights, powers, options, privileges, and remedies available to Landlord under this Lease shall be cumulative.
18. Attorneys’ Fees.
Should either party to this Lease have to resort to litigation to enforce any provision of this 380
8 Lease, the prevailing party shall be entitled to its attorneys’ fees and reasonable costs incurred in litigating any dispute.
19. Inspection.
Landlord and its representatives, employees, agents or independent contractors may enter and inspect the Premises or any portion of the Premises or any improvements on th e Premises at any time during business hours and at other times after Landlord has provided Tenant with 72 hours advanced notice to show the Premises to potential buyers, investors or tenants or other parties, inspect the Premises, make repairs or replacements, or for any other purpose Landlord reasonably deems necessary.
All visitors shall be accompanied by a Landlord representative and shall provide Tenant with identification and the purpose of the visit/inspection upon demand.
20. Prohibition on Assignment and Subletting.
Tenant may not assign, sublet or otherwise transfer its interest under this Lease without Landlord’s prior written consent, which consent may be withheld, conditioned or delayed in Landlord’s sole and absolute discretion. Any attempted assi gnment, sublet or transfer made in violation of this provision shall be void. It is understood by the Parties that Tenant may permit its authorized subcontractors engaged with Tenant in the construction of the Civic Center Revitalization Project to occupy the Premises, which shall not be considered an assignment or sublet of the Premises by Tenant.
Tenant’s subcontractors shall be considered Tenant’s invitees and Tenant shall remain wholly responsible for the conduct, use and occupation of the Premises by such subcontractors. Landlord shall have no privity of contract with Tenant’s subcontractors under this Lease.
21. Notices.
All notices, demands and requests which may be given or which are required to be given by any party to this Agreement, and any exercis e of a right of termination provided by this Agreement, shall be in writing and shall be deemed effective either: (1) on the date personally delivered to the address below prior to 5:00 p.m. (Pacific Standard Time), as evidenced by written receipt therefor , whether or not actually received by the person to whom addressed; (2) on the third (3rd) business day after being sent, by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below; (3) on the first (1st) business day after being deposited into the custody of a nationally recognized overnight delivery service (i.e., FedEx, UPS, or DHL) addressed to such party at the address specified below; or (4) on the business day sent via facsimile transmission to the facsimile numbers below, as evidenced by a printed confirmation of the successful electronic transmission of the message prior to 2:00 p.m. (Pacific Standard Time), or otherwise delivery shall be considered to be on the following business day. For purposes of this section, the addresses of the parties for all notices are as follows:
To Landlord: City of Garden Grove
Attn.: City Manager
11222 Acacia Parkway
Garden Grove, CA 92840
Tel.: (714) 741-5100
Email: [email protected]
381
9 To Tenant: Orange County Association for Mental Health Attn.: Jeffrey A. Thrash
11277 Garden Grove Blvd., Suite 101A
Garden Grove, CA 92843
Tel.: (714) 547-7559
Email: [email protected]
22. No Principal/Agent Relationship and No Third Party Beneficiary.
Nothing contained in this Lease shall be construed as creating the relationship of principal and agent or of partnership or joint venture between Landlord and Tenant, nor shall it be construed to benefit any third party.
23. Authority to Enter Into Agreement.
Each Party to this Lease represents and warrants that its respective signatory has the authority to enter into this Lease and to bind it to the terms of this Lease.
24. Applicable Law and Venue.
This Lease shall be construed and enforced in accordance with, and governed by, the laws of the State of California. The parties consent to the jurisdiction of the California courts with venue in Orange County.
25. Counterparts and Facsimiles.
This Lease may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. Any facsimile of any original document shall be treated as an original document. The Party submitting any facsimile must also submit a copy of the original to the other Party within a reasonable time after the transmission of the facsimile.
26. Miscellaneous.
(a) The headings of this Lease are for purposes of reference only and shall not limit or define the meaning of any provision.
(b) The above Recitals are an integral part of this Lease and made part hereof.
(c) If any provision of this Lease or its application is found to be invalid or unenforceable, such determination shall not affect the other provisions of this Lease and they shall remain valid and enforceable.
(d) Time is of the essence in all provisions of this Lease.
27. Complete Agreement.
This Lease constitutes the entire agreement between Landlord and Tenant pertaining to the subject matter of this Lease and supersedes all prior and contemporaneous agreements, representations and understandings of Landlord and Tenant, oral or written.
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10 28. Modification.
No supplement, modification, amendment or change in any terms of this Lease shall be binding on the Parties unless in writing and executed by Tenant and Landlord.
IN WITNESS THEREOF, these parties have executed this Lease on the day and year shown above.
Date:
ATTEST:
City Clerk
Date:
APPROVED AS TO FORM:
Garden Grove City Attorney
“LANDLORD”
CITY OF GARDEN GROVE
By:
Lisa L. Kim, City Manager
“TENANT”
Orange County Association for Mental Health
By:
Name:
Title:
Date:
Tax I.D.:
If Tenant is a corporation, a Corporate Resolution
and/or Corporate Seal is required. If a partnership,
Statement of Partnership must be submitted to the
CITY.
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11 EXHIBIT “A”
Orange County Association for Mental Health
11277 Garden Grove Boulevard Suite 101A
Garden Grove, CA 92843
Rent Table
Lease Period Monthly Rent Annual Rent
July 1, 2026 – June 30, 2027 $13,471.98 $161,663.76
July 1, 2027 – June 30, 2028 $13,876.14 $166,513.67
July 1, 2028 – June 30, 2029 $14,292.42 $171,509.08
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Item 350/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Samuel Kim
Dept:
City Manager Dept: Public Works
Date: 8/25/2026
Subject: Approval of the Fiscal Year 2026-27 budget amendment with the West Orange County Water Board to receive a one-time City reimbursement for unexpended Cathodic Protection Program Funds. (Reimbursement: $193,200)(Action Item)
OBJECTIVE
To receive City Council approval of the Fiscal Year 2026 -27 budget amendment with West Orange County Water Board (WOCWB) for the City to receive a one-time reimbursement of $193,200 for unexpended funds from the Cathodic Protection Program.
BACKGROUND
WOCWB is a joint powers authority formed in 1967 by the cities of Garden Grove, Huntington Beach, Seal Beach, and Westminster to maintain shared imported -water transmission lines.
In 2020, member agencies contributed toward an estimated $8 million Cathodic Protection (CP) Program for the aging OC-9 and OC-35 mains. In Fiscal Year 2023 -24, an engineering study found Cathodic Protection was not feasible for either main due to certain segments of the transmission mains being too narrow and recommended condition assessments be performed every 5 years to identify areas of concern before they become major problems.
This study identified $620,000 in targeted high priority repairs needed, however, no immediate danger of failure in either transmission main. WOCWB has already budgeted $1 million to address these repairs (plus contingency), along with correcting any ancillary issues discovered during repairs and ongoing maintenance. As a result, the $7.5 million collected for the now discontinued CP program is available to return to member agencies.
DISCUSSION
Staff proposes returning $4.6 million of WOCWB's $7.5 million fund balance to member agencies, prorated by ownership percentage, while WOCWB retains $3 million – the $1 million already budgeted for repairs plus a $2 million reserve. The $2 million reserv e provides a buffer for emergency repairs and will help fund the next recommended condition assessment in Fiscal Year 2029-30. Below is a summary of reimbursements for each member agency.
385
Item 350/2026
Agency Ownership % CP Fund Return
Huntington Beach 56.1% $2,580,600
Westminster 25.4% $1,168,400
Seal Beach 14.3% $657,800
Garden Grove 4.2% $193,200
Total 100.0% $4,600,000
The WOCWB is requesting each member agency's council’s approval of the amendment before WOCWB ratifies it at its October 21, 2026 meeting.
FINANCIAL IMPACT
There is no impact to the General Fund. The City would receive a one-time reimbursement of $193,200 (4.2% ownership share) allocated back towards the Water Enterprise Fund.
RECOMMENDATION
It is recommended that the City Council:
Approve the Fiscal Year 2026-27 budget amendment with West Orange County Water Board (WOCWB) for the City to receive a one-time reimbursement of $193,200, allocated to the Water Enterprise Fund, for unexpended funds from the discontinued Cathodic Protection Program.
By: Samuel Kim, P.E
Director of Public Works
386
Item 354/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Chief El-Farra
Dept:
City Manager Dept: Police
Date: 8/25/2026
Subject: Authorization for the issuance of a purchase order to Advanced Healthstyles Fitness Equipment, dba Advanced Exercise, to purchase fitness equipment for the Police Department (Cost: $67,864)(Action Item)
OBJECTIVE
To seek City Council approval to purchase additional fitness equipment from Advanced Healthstyles Fitness Equipment, dba Advanced Exercise, through the Sourcewell Cooperative Purchasing Program Contract #052324 -LFF to complete the Ga rden Grove Police Department's Officer Wellness and Fitness facility.
BACKGROUND
The Garden Grove Police Department previously received funding through the California Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant Program, with the purpose of improving officer wellness and expand ing access to mental health resources for law enforcement personnel. The Department utilized a portion of those grant funds to purchase the initial phase of fitness equipment, thus establishing a modern exercise facility for Department members.
The proposed purchase represents the second and final phase of the Department's fitness center improvements. This additional equipment will complete the fitness facility by providing officers and professional staff with a comprehensive range of strength and conditioni ng equipment necessary to support a wide variety of fitness programs and training needs.
DISCUSSION
Law enforcement is a physically and mentally demanding profession that requires officers to make critical decisions under stressful and often dangerous co nditions. Numerous studies have shown that regular physical exercise contributes significantly to improved mental health by reducing stress, anxiety, depression, and fatigue while improving resilience, sleep quality, cognitive function, and emotional well-being.
387
Item 354/2026
Physical fitness also plays a critical role in officer safety and performance. Officers who maintain a higher level of physical conditioning are better prepared to respond to critical incidents, physically demanding calls for service, foot pursuits, rescue operations, and other situations requiring strength, endurance, and agility. Additionally, regular exercise helps reduce work -related injuries, improves recovery, and contributes to long -term career longevity.
The Department has made officer wellness a priority by providing resources that support both physical and mental health. The first phase of the fitness center improvements established the foundation for an enhanced wellness program. This second phase will complete the facility by providing additional equipment that accommodates a broader range of fitness programs for officers and professional staff, encouraging regular exercise, and healthier lifestyles.
Advanced Healthstyles Fitness Equipment, d ba Advanced Exercise, is an authorized commercial reseller for Life Fitness equipment through the Sourcewell Cooperative Purchasing Contract #052324-LFF. The cooperative purchasing contract satisfies the City's procurement requirements under Garden Grove Municipal Code Section 2.50.060(E), allowing th e City to utilize the competitively bid contract without conducting a separate bidding process.
Advanced Exercise will provide delivery and installation of the equipment.
FINANCIAL IMPACT
Funding for the purchase of the fitness equipment is included in the Police Department’s FY 2026-27 operating budget, Fund 202. There will be no impact to the General Fund.
RECOMMENDATION
It is recommended that the City Council:
Authorize the use of Life Fitness's Sourcewell Cooperative Purchasing Contract #052324-LFF to forego the competitive bidding process per Garden Grove Municipal Code Section 2.50.060(E); and
Authorize the Finance Director, or designee, to issue a purchase o rder to Advanced Healthstyles Fitness Equipment, dba Advanced Exercise, in the amount of $67,863.99 for the purchase, delivery, and installation of additional fitness equipment.
By: Kelly Huynh, Public Safety Fiscal Analyst
ATTACHMENT(S)
1. Advanced Exercise Proposal #93874-R9
2. Authorized Sourcewell Reseller - Advanced Exercise
3. Life Fitness Sourcewell Pricing Information
388
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397
January 1, 2026
Dear Advanced Exercise Customer:
The purpose of this letter is to advise you that Advanced Exercise is an authorized commercial fitness reseller for Life Fitness cardiovascular, Life Fitness strength, and Hammer Strength equipment, and ICG branded products and supplies (collectively, the “LF Products”) in the vertical market(s) in the Arizona, Arkansas, California, Colorado, Kansas, Oklahoma, Missouri, Nebraska, Nevada, Texas, Utah, Wyoming, and New Mexico territories (the “Territory”). These markets include, but are not limited to corporate, multi-housing, education, police/fire, recreation centers, country clubs, and local or State municipalities. LF Products purchased from any other reseller may have an invalid warranty, as Life Fitness cannot confirm or guarantee the integrity of such LF Products. Advanced Exercise will also provide Life Fitness’s standard service, including maintenance and warranty coverage, for LF Products serviced within the Territory.
Advanced Exercise is fully authorized to participate under any Life Fitness agreement with Sourcewell, within all of their Territory.
Life Fitness has enjoyed a longstanding relationship with Advanced Exercise and believes that you will be pleased with the sales, service and support provided by their team.
If you have any questions, please feel free to contact me at (847)288-5919 or [email protected]. Thank you for your interest in Life Fitness and our products, Sincerely,
Matt Elsesser
Director, Distribution Business
398
Life Fitness #052324-LFF
Pricing for contract #052324-LFF offers Sourcewell participating agencies the following discounts:
• Discount range for fitness equipment is 10-35% off MSRP. • Within the cardio product category for all brands, there will be an added volume discount. Quantities of 1-4 total cardio units will carry a 30% discount while volumes of 5 or more total cardio units will carry a 35% discount (US only).
399
Item 352/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Patricia Song
Dept:
City Manager Dept: Finance
Date: 8/25/2026
Subject: Receive and file warrants. (Action Item)
OBJECTIVE
For the City Council to receive and file the warrants.
BACKGROUND/DISCUSSION
Attached are the warrants recommended to be received and filed.
FINANCIAL IMPACT
Items listed in the warrants are budgeted.
RECOMMENDATION
It is recommended that the City Council:
Receive and file the warrants.
ATTACHMENT(S)
1. 07312026
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
Item 356/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Samuel Kim
Dept:
City Manager Dept: Public Works
Date: 8/25/2026
Subject: Authorization for the issuance of a purchase order to Seavco DBA IRV Seaver Motorcycles for the purchase of nine new Police motorcycles. (Cost: $348,711) (Action Item)
OBJECTIVE
To secure City Council authorization to make a purchase of nine (9) new BMW police motorcycles from Seavco dba IRV Seaver Motorcycles through an existing contract with the City of Eastvale (piggyback from existing contract).
BACKGROUND
The Police Department has nine police motorcycles that currently meet the City’s guidelines for replacement and were approved through the FY 2026-27 budget process.
Per Municipal Code Section 2.50.060 (e), t he City’s purchasing policy allows for the participation in a piggyback process when the price and other terms are similar to those in a contract awarded for the same goods and/or services by another public agency or government purchasing cooperative organization based on a competitive process similar to the processes described in Garden Grove Municipal Code Section 2.50.100 (Formal Contract Procedure) or
2.50.110 (Open Market Procedure).
Invitation for Bid (IFB) number 25-121CS was solicited by the City of Eastvale for 2026 BMW R 1300 RT-P Police Motorcycle and states that public agencies may choose to use the terms of this c ontract or “ piggyback”, subject to vendor’s acceptance. Seavco dba Irv Seaver Motorcycles has agreed to allow the City of Garden Grove to piggyback off of this procurement from the City of Eastvale.
DISCUSSION
Efforts to obtain a quote from a local BMW motorcycle dealer were unsuccessful, as there are no BMW motorcycle dealers within the city limits. City staff recommends piggybacking off of a recent purchase order with the City of Eastvale for BMW police motorcycles which is located in the City of Orange.
424
Item 356/2026
The results of the bid process referenced above deemed Seavco dba Irv Seaver Motorcycles as the lowest responsive bidder.
Seavco Irv Seaver Motorcycles $ 38,745.60 per motorcycle*
* This price includes all applicable tax and destination charges.
FINANCIAL IMPACT
The cost to purchase nine (9) new BMW police motorcycles from Seavco dba IRV Seaver Motorcycles is $348,710.40. Funds have been budgeted in t he Fleet Management internal service fund. No additional appropriation is necessary. The surplus motorcycles will be sold at public auction, and proceeds will be deposited in the Fleet Management internal service fund.
RECOMMENDATION
It is recommended that the City Council:
Authorize to dispense of the bidding process per Municipal Code 2.50.060 (e); and
Authorize the Finance Director, or designee, to issue a purchase order in the amount of $348,710.40 to Seavco dba Irv Seaver Motorcycles for the purchase of nine (9) new Police motorcycles via a piggyback purchase based on City of Eastvale’s Invitation for Bid (IFB) 25-121CS unit pricing.
By: Mark Khalil, Acting Fleet Maintenance Supervisor
ATTACHMENT(S)
1. IFB Eastvale
2. Garden Grove Quote
3. Eastvale Build Sheet
4. Eastvale Purchase Order
5. List – Motorcycles to be replaced
425
INVITATION FOR BID (IFB) FOR
BMW POLICE MOTORCYCLE
IFB NO. 25 -121CS
KEY IFB DATES (All times are Pacific Time)
Questions Due: August 5, 2025 by 2:00 PM
Bid Submittals Due: August 14, 2025 by 2:00 PM
City Contact:
Karla Lopez, Purchasing Manager
[email protected]
426
City of Eastvale | eastvaleca.gov
TABLE OF CONTENTS
SECTION 1. SPECIFICATIONS .................................................................................................... 1 A. GENERAL DESCRIPTION ........................................................................................................ 1 B. SPECIFICATIONS ................................................................................................................... 1 C. DELIVERY REQUIREMENTS AND LOCATIONS .......................................................................... 1 D. TERM OF CONTRACT ............................................................................................................. 1 SECTION 2. BID SUBMITTAL INSTRUCTIONS .......................................................................... 3 A. QUESTIONS .......................................................................................................................... 3 B. COMMUNICATION ................................................................................................................. 3 C. BID UPDATES ........................................................................................................................ 3 D. BID SUBMISSION................................................................................................................... 3 E. BID WITHDRAWAL ................................................................................................................. 4 F. ALTERNATIVES ...................................................................................................................... 4 G. PRICING REQUIREMENTS ..................................................................................................... 4 H. TAX ....................................................................................................................................... 4 I. AWARD ................................................................................................................................. 4 J. REJECTION ........................................................................................................................... 5 K. ALL OR NONE BIDS ................................................................................................................ 5 L. PERIOD OF ACCEPTANCE ...................................................................................................... 5 M. SAMPLES .............................................................................................................................. 5 N. LOCAL VENDOR PREFERENCE .............................................................................................. 5 SECTION 3. GENERAL TERMS AND CONDITIONS .................................................................. 5 A. ASSIGNMENT ........................................................................................................................ 5 B. BID EXPENSES ...................................................................................................................... 6 C. BUSINESS LICENSE ............................................................................................................... 6 D. COMPLIANCE WITH LAWS ..................................................................................................... 6 E. DEFAULT ............................................................................................................................... 6 F. DELIVERY.............................................................................................................................. 6 G. FORCE MAJEURE ................................................................................................................... 7 H. GENERAL GUARANTEE .......................................................................................................... 7 I. INDEMNIFICATION ................................................................................................................ 7 J. INDEPENDENT VENDOR ........................................................................................................ 7 K. INSPECTION ......................................................................................................................... 8 427
City of Eastvale | eastvaleca.gov
L. LATE DELIVERY ASSESSMENT ................................................................................................ 8 M. LAW AND JURISDICTION ........................................................................................................ 8 N. NONDISCRIMINATION ........................................................................................................... 8 O. PAYMENT TERMS ................................................................................................................... 8 P. PRICING ADJUSTMENTS ........................................................................................................ 9 Q. PROHIBITED INTEREST .......................................................................................................... 9 R. PUBLIC AGENCIES ................................................................................................................ 9 S. TERMINATION ..................................................................................................................... 10 T. USAGE ................................................................................................................................ 10
ATTACHMENTS (Required with Bid submittals) :
ATTACHMENT A: BIDDER’S STATEMENT AND COMPANY INFORMATION ATTACHMENT B: NON-COLLUSION DECLARATION
EXHIBITS:
Exhibits are provided for bidders’ reference only. These are not to be included with bid submittals.
EXHIBIT I: SPECIFICATION TABLE
EXHIBIT II: SAMPLE AGREEMENT
428
City of Eastvale | eastvaleca.gov
IFB No. 25-121CS BMW POLICE MOTORCYCLES Page 1 of 13
SECTION 1. SPECIFICATIONS
The awarded Bidder(s) (Vendor(s)) shall provide specified bid items as set forth below and in accordance with IFB requirements included herein.
A. GENERAL DESCRIPTION
The City of Eastvale (City) contracts with County of Riverside Sheriff’s Office for law enforcement services and is soliciting competitive bids from a uthorized vehicle Dealers for one (1) new/unused 2026 BMW R 1300 RT -P Police Motorcycle as follows and in accordance with Exhibit I.
B. SPECIFICATIONS
SEE EXHIBIT I.
C. DELIVERY REQUIREMENTS AND LOCATIONS
Vehicles shall be delivered complete and ready for use, with a full tank of fuel to the following location:
Address: Eastvale City Hall
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Delivery Hours: 7:30 AM – 4:00 PM
Delivery Days: Monday -Thursday
D. VEHICLE LICENSE AND REGISTRATION
Vendor shall make the necessary arrangements to transfer title of the equipment/vehicle, and apply California State exempt license plates for government use. The registered owner shall be shown exactly as outlined below, on all forms where the registered owner is listed:
City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Vendor shall provide documentation from the Department of Motor Vehicles (DMV), at the time the vehicle is delivered, as evidence of having applied for registration/license. License plates are to be mounted on the vehicle when delivered.
E. TERM OF CONTRACT
This IFB is for a one-time purchase. The quantities below reflect the City’s immediate need. The City reserves the right to increase the quantity of units shown on this IFB 429
City of Eastvale | eastvaleca.gov
IFB No. 25-121CS BMW POLICE MOTORCYCLES Page 2 of 13
by issuance of an amendment to the original Purchase Order, or an additional Purchase Order no later than twelve (12) months following Purchase Order issue date. The successful Bidder agrees to furnish to the City the additional units at the unit price offered in this Bid. This option is not extended to procurement of services.
The City reserves the right to modify specifications of additional motorcycles purchased based on City’s needs and available budget or availability of accessories at time of future purchases (if any).
430
City of Eastvale | eastvaleca.gov
IFB No. 25-121CS BMW POLICE MOTORCYCLES Page 3 of 13
SECTION 2. BID SUBMITTAL INSTRUCTIONS
A. QUESTIONS
Any questions concerning this bid request must be submitted in writing through the City of Eastvale’s electronic bid management system at
https://vendors.planetbids.com/portal/43976/portal-home by no later than the date and time specified on the cover page of this IFB. No verbal requests or requests made in any other format will be accepted. Questions must be submitted individually and not in a paragraph format nor combined in a single submission. All posted questions will be answered in writing and conveyed via written addenda to all Proposers via posting on PlanetBids under the “Addenda/Emails” tab. General process questions may be directed to the Bid Contact listed on the cover page of this IFB.
B. COMMUNICATION
No employee or agent of the City shall discuss or otherwise communicate with any vendor specific information related to a competitive bid process prior to bid closing, except as described above in the instructions for submitting questions to the City.
This process allows staff to respond to all questions through a formal addendum process, whereby all potential bidders receive the same information at the same time. However, general process questions regarding an open bid may be directed to the Purchasing contact listed on the cover page of this IFB at any time.
C. BID UPDATES
All notifications, updates, and addenda will be posted on the City’s bid management and publications system at
https://vendors.planetbids.com/portal/43976/portal-home
D. BID SUBMISSION
No bid will be considered for award unless properly and successfully submitted through the electronic bid management system at
https://vendors.planetbids.com/portal/43976/portal-home by the date and time specified on the cover page of this IFB. All bids must be signed by an authorized representative.
All required sections, including pricing, shall be submitted via the website. Bidder is solely responsible for “on time” submission of their electronic bid. The bid management system will not accept late bids and no exceptions shall be made.
Bidders will r eceive an e-bid confirmation number with a time stamp from the bid management system indicating their bid was submitted successfully. The City will only receive those bids that were transmitted successfully. DO NOT FAX OR E-MAIL.
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NOTE: E-Bids are sealed and cannot be viewed by the City or any other person or entity until the closing date and time. If you need to withdraw your bid, you may do so at any time before the bid deadline, by going back into the system and selecting “withdraw”.
E. BID WITHDRAWAL
Bids may be withdrawn by logging into the online bidding system in accordance with instructions provided in Section D. Bid Submission above, prior to the scheduled closing time for receipt of proposal. No bid may be withdrawn for a period of ninety (90) days thereafter.
F. ALTERNATIVES
Bidders must submit a request for pre-approval of any equivalent, equal, alternative, or changes by following the directions for questions described herein , prior to the deadline to submit questions. Brand names, if any, are given for quality control only.
Bids on “equals” are encouraged, however, the bidder must give evidence of equal utility and quality by providing specification sheets and description o f products proposed as alternatives for each line item, and a description of the request on company letterhead prior to the deadline for questions. Approved alternatives will be released via addendum to all prospective bidders. All bids with material substitutions or deviations from the specified items and approved alternatives may be rejected by the City as non-responsive.
G. PRICING REQUIREMENTS
Bidders must supply all bid items and provide unit prices for all items listed in this IFB, including any shipping/handling fees. Bid proposals that do not include all items listed will be deemed non-responsive.
1) Prices shall be FOB Destination Eastvale.
2) Prices must not include sales tax.
3) Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses, incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges.
4) Fees for delivery, shipping and handling, and freight (if any) must be noted.
H. TAX
The City is exempt from Federal Excise Tax. Do not include sales tax in your unit prices. Bidder shall show as a separate item California State Sales and/or Use Tax percentage. However, sales tax will not be included in during the evaluation of bids.
I. AWARD
Award(s) will be made to the lowest, responsive, responsible bidder (s). The City 432
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reserves the right to award a contract to more than one lowest bidder; to consider bidders’ ability to meet specifications and delivery lead time during bid evaluations prior to awarding a contract . The City reserves the right to award the Contract to other than the lowest bidder if the lowest bidder is unable to meet the City’s specifications and needs, to reject any or all bids, to cause re-soliciting of the bids, or to take such other course of action as the City deems appropriate at the City’s sole and absolute discretion. The City shall endeavor to award contract to the lowest, responsive, responsible Bidder.
J. REJECTION
The City reserves the right to reject any or all bids and to waive any minor informality in any bid.
K. ALL OR NONE BIDS
The City reserves the right to award a single contract or multiple contracts to the best advantage of the City. Vendors not willing to be considered for a partial award must indicate “ALL OR NONE” on their bid.
L. PERIOD OF ACCEPTANCE
Unless otherwise stated, bids shall be subject to acceptance by the City for a period of ninety (90) calendar days following the opening of bids.
M. SAMPLES
When required, bidder shall furnish samples of items free of expense to the City, and if not destroyed by test may, upon request made at the time the sample is furnished, be returned at the bidder’s expense.
N. LOCAL VENDOR PREFERENCE
For bid evaluation purposes, qualified bidders may receive one of the following: a five percent (5%) preference for local businesses, or an opportunity to price match the true lowest priced submission on all qualifying bids for materials, supplies, and equipment (goods), pursuant to the Local Preference Program under Ordinance No. 19-06. Local Business Preference eligibility requirements are available on the City’s website at:
https://www.eastvaleca.gov/government/community-development/community- enhancement-safety/municipal-code (Reference Section 4.06.100).
SECTION 3. GENERAL TERMS AND CONDITIONS
A. ASSIGNMENT
Vendor may not assign, transfer, delegate, or subcontract any right, obligation, performance herein without the prior written consent of the City’s Purchasing 433
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Manager and any such assignment, transfer, delegation or subcontract without the Purchasing Manager’s prior written consent shall be considered null and void.
B. BID EXPENSES
The City shall not be liable for any expenses incurred by potential vendor (s) in the preparation or submission of their bids. Pre -contractual expenses are not to be included in the vendor’s Pricing Sheet. Pre-contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in:
• Preparing its bid in response to this IFB;
• Submitting that bid to the City;
• Negotiating with the City any matter related to the bid; and, • Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the Contract.
C. BUSINESS REGISTRATION
The City requires any person, including but not limited to, an individual, corporation, Vendor, sub contractor, and sole proprietor who wishes to conduct any business within the City of Eastvale to secure a City of Eastvale business registration upon award of the resulting contract. Procedure to register their business with the City of Eastvale is available by contacting the City at (951) 961-0900 or on the City’s website:
https://www.eastvaleca.gov/business/business-registration.
D. COMPLIANCE WITH LAWS
Vendor shall, at its sole expense, comply with all applicable technical bulletins, trade, federal, state, and local laws, ordinances, rules and regulations, including, but not limited to laws applicable to the subject matter hereof at the time g oods or services are provided to and accepted by the City. Vendor shall comply with all applicable federal, state, and local safety requirements.
E. DEFAULT
In case of default by the Vendor of any of the conditions of this bid or contract resulting from this bid, the Vendor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the Vendor, or col lect against the bond or surety, or may invoice the Vendor for excess costs so paid plus reasonable administrative costs. Prices paid by the City shall be considered the prevailing market price at the time such purchase is made.
F. DELIVERY
Time of delivery of goods or services is of the essence. City reserves the right to refuse any goods or s ervices and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not 434
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conform to specifications included herein. Acceptance of any part of the order for goods shall not bind City to accept future shipments nor deprive it of the right to return goods already accepted at the Vendor’s expense. Over shipments and under shipments of goods shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by City. No minimum delivery amount shall be accepted by City.
All goods shall be shipped F.O.B. destination designated by the City. Vendor assumes full responsibility for packing, crating, marking, transportation and liability for loss and/or damage. All transportation charges to be prepaid by Vendor.
G. FORCE MAJEURE
If execution of this contract shall be delayed or suspended, and if such failure arises out of causes beyond the control of and without fault or negligence of the bidder, the bidder shall notify the City in writing within twenty-four (24) hours of such delay.
H. GENERAL GUARANTEE
The Vendor guarantees that a) Vendor owns all rights, title and interest in the products and services and has the legal authority to sell, license or otherwise transfer the right to use to the City; b) the products and services are free from defects in material and workmanship for a minimum period of one (1) year from the date of acceptance by the City, unless otherwise stated as part of the bid; and c) Vendor shall repair or replace all such defective goods F.O.B. destination.
I. INDEMNIFICATION
The Vendor guarantees and agrees to indemnify, defend and hold harmless the City against any or all loss, liability damages, demands, claims or costs alleged by third parties arising out of Vendor’s performance. This includes defective material and products, faulty work performance, negligent or unlawful acts, and noncompliance with any applicable local, state or federal codes, ordinances, orders or statutes including, but not limited to, the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. This guarantee is in addition to and not intended as a limitation on any other warranty, expressed or implied.
J. INDEPENDENT CONTRACTOR
The Contract or Purchase Order between the City and Vendor is not intended and shall not be construed to create the relationship of principal agent, servant, employee, partnership, joint venture, or other association, as between the City and Vendor. The Vendor understands and agrees that all persons furnishing services to the City pursuant to the Contract or Purchase Oder are, for purposes of worker’s compensation, employees solely of Vendor and not of the City. The Vendor shall bear 435
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the sole liability for furnishing worker’s compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder.
K. INSPECTION
City shall be under no obligation to unpack or inspect the products and/or service.
The Vendor shall be responsible for the consequences of negligent manufacture and packing, and for the consequences of negligent handling prior to point where City assumes ownership. The expense of subsequent tests due to failure of goods first offered will be charged against the Vendor.
L. LATE DELIVERY ASSESSMENT
The Vendor agrees to pay late -delivery assessment for any delay in delivery (except those beyond its reasonable control) beyond the date agreed to and shown in the purchase order or contract in an amount equal to the expenses incurred by the City due to th e delay, including but not limited to expenses such as rental of like equipment to fulfill the need while awaiting late delivery, added cost of manpower or other resources, or other costs as can be shown to have resulted from delaying receipt of the ordered goods or services. The penalty will be deducted from the amount due to the Vendor under the purchase order or contract.
M. LAW AND JURISDICTION
The validity, performance and construction of this order shall be governed by the laws of the State of California. Both parties further agree that Riverside County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
N. NONDISCRIMINATION
Vendor agrees that the “Certification of Nondiscrimination by Vendors” attached and executed by Vendor or on file with the City, is specifically made a part of the bid by this reference.
O. PAYMENT TERMS
Payment terms will be considered “NET 30 days” unless a cash discount is offered for earlier payment. Cash discounts may be considered in evaluating the bid price. *Note: The City is unable to process discounts with terms for less than 20 days.
Payment by City will be processed within thirty (30) days following receipt of proper invoice evidencing goods received and subject to City accounting procedures. No additional charge will be paid by the City unless expressly included and itemized herein.
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P. PRICING ADJUSTMENTS
The City requires firm pricing during the initial C ontract period at minimum.
Thereafter, any proposed price increases for follow-on renewal periods (if applicable) will only be allowed with detailed supporting documentation from the manufacturer(s) and shall be submitted to the City Representative in writing at least thirty (30) days prior to the new Contract term. The requested increase will be evaluated by the City, and the City reserves the right to accept, reject, or negotiate such requests not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: Riverside -San Bernardino-Ontario, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.) Requests for price increases must be submitted to the City on Company letterhead and include the following at minimum:
1) Item description;
2) Item number and manufacturer’s number;
3) Date and amount of manufacturer’s price increase;
4) Supporting documentation from the manufacturer;
5) List of new proposed pricing per line item and current pricing (two columns); and
6) Justification for requested price increase(s).
In no circumstance, shall retroactive pricing adjustments be considered by the City.
The City may enforce, adjust, or cancel escalating price agreements as it sees fit.
Adjustments increasing supplier’s profit margin shall NOT be allowed.
Q. PROHIBITED INTEREST
Bidder agrees it shall disclose to the City in writing any financial interest, direct or indirect, in Bidder’s business or in this transaction held by any City Council member or any City officer or employee. City reserves the right to refuse any bid if City determines a conflict of interest exists. A confli ct of interest may be determined to exist in any instance where the City officer or employee participates in or influences any decision-making process affecting a bid or contract in any way whatsoever.
R. PUBLIC AGENCIES
Public agencies, as defined by California Government Code section 6500, may choose to use the terms of this Contract or “piggyback”, subject to Vendor ’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Vendor and another public agency.
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S. TERMINATION
The City reserves the right to terminate the Contract/Purchase Order or delay delivery or acceptance of any products or services ordered resulting from this bid without penalty. Upon receipt of any written notice of termination from City, Vendor shall immediately cease all services hereunder except such as may be specifically approved in writing by City. Upon termination, City shall pay Vendor for services rendered as specified in the Contract prior to the effective date of termination.
T. USAGE
No guarantee is given by the City to Vendor regarding usage of the resulting contract.
Usage figures or quantities, if provided, are approximations. Vendor agrees to supply items requested herein as needed by the City at rates/prices listed in Bid submitted to the City, regardless of quantity requested.
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SECTION 4. RESPONSIVENESS CHECKLIST
Responsive bids shall include the following completed submittals/attachments:
ATTACHMENT A: BIDDER’S STATEMENT AND COMPANY INFORMATION ATTACHMENT B: NON-COLLUSION DECLARATION
ONLINE PRICE SUBMITTAL AT “LINE ITEMS” TAB ON PLANETBIDS 439
EXHIBIT I – BID SPECIFICATION TABLE
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NEW/UNUSED BMW R 1300 RT-P MOTORCYCLE, MODEL YEAR 2026
Note to Bidders: BMW Option Codes are provided where available. Bidders must provide manufacturer codes and BMW Option Codes where none are provided herein in their bids.
DESCRIPTION
BMW
OPTION CODE QTY
Color - Night Black & Alpine White III 753 1
Factory Special-Order Options
Dark Chrome Exhaust (Includes 34A) 19J 1
Dynamic Package 235 1
US Authority Package 1
BMW Electric Siren
Weather Protection, Tire Pressure Monitors, Heated
Seat, Cruise Control
1 Additional Labor Operations Provided by Dealer
Install Agency-supplied Radio/Com 1
Install Agency-supplied GTT emitter 1
Clearwater Erica Lights installed 1
Additional Accessories
Large Skid Plate (order 1) 11 84 7 914 425 1
Fillister Head Screws (order 2) 07 12 9 907 402 2
Engine Guard Holder (order 1) 11 84 8 829 202 1
Skid Plate Holder Front (order 1) 11 84 8 829 202 1
Skid Plate Holder Rear (order 1) 12 84 5 A54 A35 1
Fillister Head Screw (order 4) 07 12 9 907 383 4
Spacer Bush (order 2) 11 84 5 A6A 026 2
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Clip Nut (order 4) 07 14 7 693 88 4
Grommet (order 4) 13 53 1 341 283 4
Bush (order 4) 11 84 8 544 832 4
Additional Items From Other Suppliers, Provided by
Dealer
FMS Standard Emergency Lighting Package 1
Fairing Mounted USB Outlet w/Voltmeter & On-Off
Switch FMSA-EA-USB 1
LED Map Light FMSA-MT-MLLED 1
Note Pad Holder FMSA-MT-NPH 1
PR-24 / Flashlight & Baton Holder L/H Rear FMSA-MT-LFBH 1 License Plate ID Kit EA-LPIDS 1
License Plate Mounting Kit MT-LPMT 1
Fused Front Power Socket Harness FMSA-EL-FFH 1
AR Rifle Mount, Standard Lower Support/Std. Muzzle
Cup/Sight Shield FMSA-GL-ARM 1
Police Side Stand Extension / Base 71 60 2 412 389 1
DragonEye Compact Lidar Holster, RH 2015+ RT-P FMSA-GHDEC 1 Opticom Relay Harness ELOCH 1
Plug for Opticom EL-OMPC 1
Clearwater Erica Kit with Covers 1
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ATTACHMENT A
BIDDER’S STATEMENT AND COMPANY INFORMATION
Attachment A City of Eastvale Page 1 of 1
A. COMPANY INFORMATION
Company Full Legal Name:
Business Address:
Southern California Address (if different)
Website Address:
Length of time firm has been in business:
Type of business (LLC, Partnership, or
Corporation)
If incorporated, State of
incorporation:
VENDOR’S PROJECT MANAGER CONTACT INFORMATION (Primary Contact) Name: Phone: Email:
VENDOR’S ADMINISTRATIVE SUPPORT CONTACT INFORMATION
(insurance and other administrative questions)
Name: Phone: Email:
CONTRACTOR INFORMATION FOR PUBLIC WORK PROJECTS
Contractor’s License (CSLB) No.: Contractor’s License Classifications:
DIR Registration No.: Other License/Certification Information (if applicable):
B. BIDDER’S STATEMENT
With my signature, I confirm that I am authorized to bind the company. By submitting this Bid, I confirm I have read, understand, and accept the terms and conditions of this Invitation for Bid. Upon Request, I will transfer and deliver all goods to the City in accordance with said terms and conditions.
________________________________________ ______________________________________ _______________ Signature Title Date
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ATTACHMENT B
NON-COLLUSION DECLARATION
Attachment B City of Eastvale Page 1 of 1
The undersigned declares:
I am the _ __________________________[title] of ________________________[company name], the party making the forgoing bid.
This bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _________[date], at ___________[city], _____________[state].
________________________________________
Signature
_________________________________________
Printed Name
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Item 355/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Samuel Kim
Dept:
City Manager Dept: Public Works
Date: 8/25/2026
Subject: Confirmation of the contract termination with Tiger Construction, LLC, and subsequent award of contract to CT&T Concrete Paving, Inc. for on-call concrete construction, IFB No. S-1389. (Cost: Not to exceed $900,000 per year)(Action Item)
OBJECTIVE
To receive City Council app roval to confirm the termination of the contract with Tiger Construction, LLC, and award the On-Call Concrete Construction contract, IFB No. S-1389 to CT&T Concrete Paving Inc.
BACKGROUND
The Public Works Department utilizes an on-call concrete contractor to assist with the repair and replacement of sidewalks, curb and gutters, driveway approaches, wheelchair ramps and cross-gutters to reduce slip, trip, and fall claims. The repair of damag ed curbs and gutters will also help ensure proper storm and nuisance water drainage, which will aid in efficient storm-water movement and mosquito control.
The City conducted a competitive bidding process for Invitation for Bid, IFB No. S-1389 to Furnish A ll Labor, Material and Equipment for On -Call Concrete Construction at Various Locations. A total of nine (9) responsive bids were received. Van Engineering submitted the lowest bid; however, following the bid opening, Van Engineering requested to withdraw its bid. Tiger Construction, LLC was the next lowest responsive bidder and was subsequently awarded the contract. CT&T Concrete Paving, Inc. was the next lowest responsive bidder following Tiger Construction, LLC.
The agreement with Tiger Construction was scheduled to begin July 1, 2026, and was scheduled to remain in effect through June 30, 2028, with the option for three (3) additional one-year extensions.
DISCUSSION
Following award of the contract, City commenced meetings with Tiger Construction representatives to review the contract requirements, work expectations, staffing, equipment, 470
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traffic control, scheduling, and procedures for completing assigned work. However, City staff determined that it was going to be difficult to coordinate the City’s work with the contractor and opted to terminate the contract for convenience per Section 4.18.1 of the contract.
To avoid further delays in the City’s concrete repair program, staff recommends awarding the contract to CT&T Concrete Paving, Inc., the next lowest responsive bidder from the original IFB No. S-1389 competitive bidding process.
CT&T Concrete Paving, Inc. has previous experience performing concrete construction services for the City’s concrete repair program, standards, and work requirements.
Awarding the contract to CT&T will allow the Public Works Department to continue addressing the City’s backlog of concrete repairs and minimize disruption to scheduled maintenance activities and yearly slurry seal projects.
Contractor Total Cost
Van Engineering $ 1,476,000 Option A
Wildomar, CA $ 1,619,000 Option B
$ 3,095,000 Total bid A & B Combined
Tiger Construction LLC. $ 1,530,880 Option A
La Jolla, CA $ 1,884,679.80 Option B
$ 3,415,559.80 Total Bid A & B Combined
CT&T Concrete Paving, Inc $ 1,846,000 Option A
Diamond Bar, Ca $ 2,066,315 Option B
$ 3,912,315 Total bid A & B Combined
FINANCIAL IMPACT
Similarly to the agreement with Tiger Construction, the agreement provides a not-to-exceed amount of $1,800,000 for the initial two-year contract period ending June 30, 2028, with up to three additional one -year extensions at a not -to-exceed amount of $900,000 per fiscal year. Funding for this contract is included in the Public Wor ks Department Streets Division budget. The award to CT&T Concrete Paving, Inc. will utilize the remaining authorized funding available under the On -Call Concrete Construction program. No additional appropriation is requested as part of this action. A termination clause has been included in the contract should funding become unavailable.
RECOMMENDATION
It is recommended that the City Council:
Confirm the termination of the agreement with Tiger Construction, LLC, for On- Call Concrete Construction, IFB No. S-1389;
Award the On -Call Concrete Construction contract, IFB No. S -1389, in the amount of not to exceed $1,800,000 to CT&T Concrete Paving, Inc., as the next 471
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lowest responsive bidder, for the remaining initial two-year contract term through June 30, 2028, with three (3) optional one-year extensions at $900,000 per year ; and
Authorize the City Manager, or designee, to execute the agreement and exercise and execute option year amendments on behalf of the Ci ty and make minor modifications as appropriate thereto.
By: Raul Leyva, Streets Section Supervisor
ATTACHMENT(S)
1. CT&T Agreement
2. CT&T Bid Proposal
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SECTION 4 - AGREEMENT
PROJECT AGREEMENT
THIS AGREEMENT is made this ___ day of ______________, 2026 by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), and CT&T Concrete Paving, Inc., hereinafter referred to as ("CONTRACTOR").
RECITALS:
The following recitals are a substantive part of this Agreement:
This Agreement is entered into pursuant to Garden Grove COUNCIL AUTHORIZATION, DATED ____________________.
CITY desires to utilize the services of Furnish All Labor, Material an d Equipment for On-Call Concrete Construction at Various Locations for the City of Garden Grove per City standards and specifications and IFB S-1389.
CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish services.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
4.0 Compensation. CONTRACTOR shall be compensated as follows: Compensation under this agreement shall be a n ot to exceed (NTE) firm fixed amount of One Million Eight Hundred Thousand Dollars ($1,800,000.00), for the first two fiscal years, payable in arrears and in accordance with Bid Proposal (Attachment B), which is attached and is hereby incorporated by reference. The three (3) optional renewal years shall be a not to exceed (NTE) firm fixed amount of Nine Hundred Thousand Dollars ($900,000.00), per fiscal year. Payment for work under this Agreement shall be made per invoice or request for work completed subject to Section 4.11 hereof. All work shall be in a ccordance with Bid No. S -1389 and the Plans and Specifications (Attachment A and Appendix A), which are attached and are hereby incorporated by reference.
Pricing shall remain firm for the initial term of the performance period.
Thereafter, contractor may request pricing increase prior to the signing of each option year.
At the request of the CONTRACTOR, the CITY may adjust all item prices by the amount in the increase or decrease during the previous twelve (12) mont hs in the Los Angeles, Anaheim, Riverside All Urban Consumers Index. To determine the percent increase or decrease, the term “previous twelve months” shall mean 473
the twelve-month period ending March 31 of that year, or if not available, the prior month. The City shall then have the option o f increasing the rate of compensation, decreasing the scope of work, or terminating the agreement.
4.1 General Conditions. CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR'S investigation of all such matters and is in no way relying upon any opinions or repre sentations of CITY. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, Plans and Specifications, and Contractor's Proposal, are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract.
"Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR'S own risk and expense. The decision of the Engineer shall be final.
4.2 Materials and Labor . CONTRACTOR shall furnish, under the condition s expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the CITY, to complete the project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, CITY may settle such claims by making demand upon the surety to this Agreement. In the event of the failure of refusal of the surety to satisfy said claims, CITY may settle them directly and deduct the amount of payments from the Contract price and any amounts due to CONTRACTOR. In the event CITY receives a stop notice from any laborer or material supplier alleging non-payment by CONTRACTOR, CITY shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees.
4.3 Project. The PROJECT is described as Furnish All Labor, Material and Equipment for On-Call Concrete Construction at Various Locations for the City of Ga rden Grove per City standards and specifications.
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4.4 Plans and Specifications. The work to be done is described in a set of detailed Plans and Specifications for: Furnish All Labor, Material and Equipment for On - Call Concrete Construction at Various Locations for the City of Garden Grove per City standards and specifications
Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. The work to be done must also be in accordance with the General Provisions, Standard Specifications and Standard Plans of City which are also incorporated herein and referred to by reference.
4.5 Time of Commencement and Completion. The term of this agreement shall be in effect from July 1, 2026 through June 30, 2028 with an option authorizing the City Manager or Designee to continue said agreement on a year -to-year basis to a maximum of three (3) additional fiscal years. In order to exercise this option, the CITY shall provide CONTRACTOR thirty (30) days’ notice prior to June 30, 2028 and June 30 of each subsequent year (if applicable), of its desire to extend the agreement. CONTRACTOR agrees to provide the services described in attached bid sheet for said additional period, should the CITY give the required notice. This agreement may be terminated by the CITY without cause.
CONTRACTOR agrees to commence the Project within TEN (10) calendar da ys from the date set forth in the "Notice to Proceed".
4.6 Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR'S work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the work covered by this Contract with that of all other contractors, subcontractors and of the CITY, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 4.5 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises.
4.7 Excusable Delays . CONTRACTOR shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which CONTRACTOR is not responsible; and act, neglect or default of CITY; failure of CITY to make timely payments to CONTRACTOR; late delivery of materials required by this CONTRACT to be furnished by CITY; combined action of the workers in no way caused by or resulting from default or collusion on the part of CONTRACTOR; a lockout by CITY; or any other delays unforeseen by CONTRACTOR and beyond CONTRACTOR'S reasonable control.
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City shall extend the time fixed in Section 4.5 herein for completion of the Project by the number of days CONTRACTOR has thus been delayed, provided that CONTRACTOR presents a written request to CITY for such time extension within fifteen (15) days of the commencement of such delay and CITY finds that the delay is justified. CITY'S decision will be conclusive on the parties to this Contract.
Failure to file such request within the time allowed shall be deemed a waiver of the claim by CONTRACTOR.
No claims by CONTRACTOR for additional compensation or damages for delays will be allowed unless CONTRACTOR satisfies CITY that such delay s were unavoidable and not the result of any action or inaction of CONTRACTOR and that CONTRACTOR took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section 9 -103A of the State of California Department of Transportation Standard Specifications. The CITY'S decision will be conclusive on all parties to this Contract.
4.8 Extra Work. The Contract price includes compensation for all work performed by CONTRACTOR, unless CONTRACTOR obtains a written change order signed by a designated representative of CITY specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 4.9 hereof. CITY shall extend the time fixed in Section 4.5 for completion of the Project by the number of days reasonably required for CONTRACTOR to perform the extra work, as determined by CITY'S Engineer. The decision of the Engineer shall be final.
4.9 Changes in Project.
4.9.1 CITY may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes:
a. in the Specifications (including drawings and designs); b. in the time, method or manner of performance of the work; c. in the City-furnished facilities, equipment, materials, services or site; or
d. directing acceleration in the performance of the work.
4.9.2 A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the CITY which causes any change, provided CONTRACTOR gives the CITY written notice stating the date, circumstances and source of the order and that CONTRACTOR regards the order as a change order.
4.9.3 Except as provided in this Section 4.9, no order, statement or conduct of the CITY or its representatives shall be treated as a change under this Section 9 or entitle CONTRACTOR to an equitable adjustment. 476
4.9.4 If any change under this Section 4.9 causes an increase or decrease in CONTRACTOR'S actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed b y any order, the CITY shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (4.9.2) above shall be allowed for any costs incurred more than 20 days before the CONTRACTOR gives written notice as required in paragraph (4.9.2). In the case of defective specifications for which the CITY is responsible, the equitable adjustment shall include any increased direct cost CONTRACTOR reasonably incurred in attempting to comply with those defective specifications.
4.9.5 If CONTRACTOR intends to assert a claim for an equitable adjustment under this Section 4.9, it must, within thirty (30) days after receipt of a written change order under paragraph (4.9.1) or the furnishing of a written notice under paragraph (4.9.2), submit a written statement to the CITY setting forth the general nature and monetary extent of such claim.
The CITY may extend the 30-day period. CONTRACTOR may include the statement of claim in the notice under paragraph (4.9.2) of this Section
4.9. 4.9.6 No claim by CONTRACTOR for an equitable adjustment shall be allowed if made after final payment under this Agreement.
4.9.7 CONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work that CITY may require without nullifying this Contract. CONTRACTOR shall adhere strictly to the Plans and Specifications unless a change therefrom is authorized in writing by the CITY. Under no condition shall CONTRACTOR make any changes to the Project, either in additions or deduction, without the written order of the CITY and the CITY shall not pay for any extra charges made by CONTRACTOR that have not been agreed upon in advance in writing by the CITY. CONTRACTOR shall s ubmit immediately to the CITY written copies of its firm's cost or credit proposal for change in the work.
Disputed work shall be performed as ordered in writing by the CITY and the proper cost or credit breakdowns therefor shall be submitted without delay by CONTRACTOR to CITY.
4.10 Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 4.5 herein, plus the allowance made for delays or extensions authorized under Section 4.7, 4.8 and 4.9 herein, the CITY will sustain damage which would be extremely difficult and impractical to ascertain.
The parties therefore agree that CONTRACTOR will pay to CITY the sum of two hundred and fifty dollars ($250.00) per day for each and every calendar day during which completion of the Project is so delayed. CONTRACTOR agrees to pay such liquidated damages and further agrees that CITY may offset the 477
amount of liquidated damages from any moneys due or that may become due CONTRACTOR under the Contract.
4.11 Contract Price and Method of Payment . CITY agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum as itemized in the bid proposal. Progress payments shall be made to the CONTRACTOR per month for each successive month as the work progresses. The CONTRACTOR shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety five percent (95%) of the value of the work completed, less all previous payments, provided that the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule. The CITY will retain five percent (5%) of the amount of each such progress estimate and material cost until 30 days after the recordation of the Notice of Completion.
Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the CITY'S Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract. Partial payments of the Contract price shall not be considered as an acceptance of any part of the work.
4.12 Substitution of Securities in Lieu of Retention of Funds . Pursuant to California Public Contract Code Section 22300, the CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institution in order to have the CITY r elease funds retained by the CITY to ensur e performance of the Contract. CONTRACTOR shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution.
4.13 Completion. CITY may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier in connection with Stop Notices, which have been filed under the provisions of the statutes of the State of California.
4.14 Contractor's Employee Compensation.
4.14.1 General Prevailing Rate. CITY has ascertained CONTRACTOR shall comply with all applicable requirements of Division 2, Part 7, Chapter 1 of the California Labor Code and all applicable federal requirements respecting the payment of prevailing wages. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of the Department of Industrial Relations (DIR) for similar classifications of labor, the CONTRACTOR and its Subcontractors shall pay not less than the higher wage rate. The DIR will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other 478
classification not appearing in the Federal Wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the CONTRACTOR and Subcontractors, the CONTRACTOR and its Subcontractors shall pay not less than the Federal Minimum wage rate which most closely approximates the duties of the employees in question.
4.14.2 Forfeiture for Violation. CONTRACTOR shall, as a penalty to the CITY, forfeit one hundred dollars ($100.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California.
4.14.3 Apprentices. Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices is applicable to this Contract and the CONTRACTOR shall comply therewith; provided, however, that this requirement shall not apply if and/or to the extent that the Contract of the general CONTRACTOR, or the contracts of specialty contractors not bidding for work through a general or prime contractor involves less than thirty thousand dollars ($30,000.00).
4.14.4 Workday. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him thereunder except as provided in paragraph (4.14.1) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et sep.) of the Labor Code of the State of California and shall forfeit to the CITY as a penalty, the sum of twenty-five dollars ($25.00) for each worker employed in the execution of this Cont ract by CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article.
CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project.
4.14.5 Record of Wages: Inspection . CONTRACTOR agrees to maintain accurate payroll reco rds showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. The applicable CONTRACTOR or subcontractor or its agent having authority over such matters shall certify all payroll records as accurate.
CONTRACTOR further agrees that its payroll records and those of its 479
subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. CONTRACTOR shall comply with all of the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(3).
4.14.6 CONTRACTOR REGISTRAT ION; MAINTENANCE OF PAYROLL RECORDS; JOB SITE POSTING
4.14.6.1 Contractor Registration. CONTRACTOR and its
subcontractors must be registered with the California
Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY.
4.14.6.2 Payroll Records. CONTRACTOR shall maintain
accurate payroll records and shall comply with all of the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to
Labor Code section 1771.4(a)(3).
4.14.6.3 Posting of Job Site Notices. CONTRACTOR shall
comply with the job site notices posting requirements
established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461(e) or other regulation promulgated pursuant to Labor Code Section
1771.4(a)(2).
4.14.6.4 Notice of DIR Compliance Monitoring and
Enforcement. Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and
enforcement by the California Department of Industrial
Relations.
4.15 Surety Bonds. CONTRACTOR shall, upon entering into performance of this Agreement, furnish bonds in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approve by the CITY. The Surety Company must have an AM Best rating of A- VII or better.
4.16 Insurance.
4.16.1 CONTRACTOR is also aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for 480
Workers' Compensation or undertake self -insurance with provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract.
4.16.2 CONTRACTOR and all subcontractors will carry and provide Workers' Compensation insurance for the protection of its employees during the progress of the work and provide Employers Liability in an amount not less than $1,000,000. The insurer shall waive its rights of subrogation against the CITY, its officers, agents and employees and shall issue a certificate to the policy evidencing same.
4.16.3 For any claims related to this Agreement, CONTRACTOR’S insurance coverage shall be primary insurance as respect s CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self - insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall by excess of the CONTRACTOR’S insurance and shall not contribute with it.
4.16.4 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish certificates of insurance and endorsements evidencing the foregoing insurance coverage and such certificates of insurance and endorsements shall provide the name and policy number of each carrier and that the insurance is in force and will not be cancelled without 30 days written notice to the CITY. CONTRACTOR shall maintain all of the foregoing insurance in force until the work under this contract is satisfactorily and fully completed to the satisfaction of the CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by Contractor under Section 4.17 of th is Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company having a Best's Guide Rate of A-, Class VII or better (claims made and modified occurrence policies are not acceptable).
4.16.5 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until a ll 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.
4.16.6 INSURANCE AMOUNTS . CONTRACTOR and all subcontractors shall maintain the following insurance in the amount and type for the duration of this Agreement:
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(a) Commercial general liability in an amount not less than $3,000,000 per occurrence, and not excluding XCU; ( claims made and modified occurrence policies are not
acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
(b) Automobile liabili ty in an amount not less than $1 ,000,000 combined single limit; (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A -, Class VII or better, as approved by the CITY.
(c) Excess liability, follows form coverage, shall be provided for any underlying policy that does not meet the insurance requirements set forth herein.( claims made and modifi ed occurrence policies are not acceptable) Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-Class VII or better, as approved by the CITY.
An Additional Insured Endorsement, ongoing and products - completed operations, for the policy under section 4.16.6 (a) shall designate CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR.
CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to city’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.16.6 (b) shall designate CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, as additional insureds for automobiles owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
In the event any of CONTRACTOR’S underlying policies do not meet policy limits within the insurance requirements, CONTRACTOR shall provide coverage under the excess liability policy in 4.16.6 (c). Policy must be a follows form excess/umbrella policy. CONTRACTOR shall provide the schedule of underlying polices for an excess liability policy, state that the excess policy follows form on the insurance certificate, and provide an additional insured endorsemen t for the excess liability policy designating CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits 482
will be obtained and their directors, officers, agents, and employees, as determined by the CITY, as additional insureds.
For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers, for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.
4.17 Risk and Indemnification. All work covered by this Contract done at the site of the Project or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify and keep CITY, its Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (CONTRACTOR'S employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigation arising through the active negligence or sole willful misconduct of CITY and will make good to reimburse CITY for any expenditures, including reasonable attorneys' fees CITY may incur by reason of such matters, and if requested by CITY, will defend any such suits at the sole cost and expense of CONTRACTOR.
4.18 Termination.
4.18.1 This Contract may be terminated in whole or in part in writing by the CITY for its convenience, provided that the CONTRACTOR is given (1) not less than ten (10) calendar days written not ice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination.
Termination of contract shall conform to Section 8-1.11 of the State of California, Department of Transportation Standard Specifications.
4.18.2 If termination for default or convenience is effected by the CITY, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for ant icipated profit on unperformed services or other work, and (2) any payment due to the 483
CONTRACTOR at the time of termination may be adjusted to cover any additional costs to the CITY because of the CONTRACTOR'S default. The equitable adjustment for any termination shall provide for payment to the CONTRACTOR for services rendered and expenses incurred in accordance with section 8 -1.11 of the State of California, Department of Transportation Standard Specifications.
4.18.3 Upon receipt of a termination action under paragraph (4.18.1) or (4.18.2) above, the CONTRACTOR shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process.
4.18.4 Upon termination under paragraphs (4.18.1) and (4.18.2) above, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.
4.19 Warranty. The CONTRACTOR agrees to perform all work under this Contract in accordance with the CITY'S designs, drawings and specifications.
The CONTRACTOR guarantees for a period of one (1) year from the date of the notice of completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs or any damage to other parts of the system resulting from such defects. The CITY shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRAC TOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, the CITY may do so and charge the CONTRACTOR the cost incurred.
The performance bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR'S obligations under this clause are in addition to the CONTRACTOR'S other express or implied assurances provided under this Contract and in no way diminish any other rights that the CITY may have against the CONTRACTOR for faulty materials, equipment or work.
4.20 Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, each party shall be responsible for their own attorneys' fees, costs and necessary expenses. If any action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which named the CITY as a party to said action, the CITY shall be entitled to all attorneys' fees, costs and necessary disbursements arising out of the defense or such action by the CITY. The CITY shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not.
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4.21 Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing.
To CITY: City of Garden Grove
City Attorney
11222 Acacia Parkway
Garden Grove, California 92840
To CONTRACTOR: CT&T Concrete Paving, Inc.
Attention: Jose Carvajal, President
324 S. Diamond Bar Blvd, PMB 275
Diamond Bar, CA 91765
\ \ \ \
(Agreement Signature Block on Next Page)
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IN WITNESS THEREOF, these parties have executed this Project Agreement on the day and year shown below.
Date:________________________ "CITY”
CITY OF GARDEN GROVE
By: __________________________
City Manager
ATTEST:
_____________________________
City Clerk
Date:_________________________
"CONTRACTOR"
CT&T Concrete Paving, Inc.
Contractor's State Lic. No._________
Expiration Date: ________________
By: __________________________
Title: _________________________
Date: _________________________
Tax ID No. _____________________
DIR Registration No.______________
If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to the CITY.
APPROVED AS TO FORM:
_____________________________
Garden Grove City Attorney
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ATTACHMENT “A”
SPECIFICATIONS FOR IFB NO. S-1389
Furnish All Labor, Material and Equipment for On-Call
Concrete Construction at Various Locations for the City of Garden Grove per City Standards and Specifications.
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ATTACHMENT “A”
IFB S-1389
SPECIFICATIONS FOR:
Furnish All Labor, Material and Equipment for On-Call Concrete Construction at Various Locations for the City of Garden Grove per City Standards and Specifications
I. GENERAL INFORMATION
A. The City of Garden Grove Public Works Department is backlogged with maintenance repairs to sidewalks, curbs, gutters, cross gutters, wheel chair ramps, and driveway approaches in various locations throughout the City. This project is to combine work of CITY crews, which includes saw - cutting, removal of damaged concrete, root pruning to a depth of twelve (12) inches below existing concrete, root removal to a depth of twelve (12) inches below existing concrete, backfill, lawn replacement, sprinkler repair, and asphalt street repair adjacent to gutters with the work of the contractor who will provide forming, pouring, and finishing of concrete. In some instances, at the City’s discretion, the contractor will be required to perform all of the aforementioned operations and that will be performed under “OPTION B.”
B. The term of this agreement shall be in effect from July 1, 2026 through June 30, 2028 with an option authorizing the City Manager or Designee to continue said agreement on a fiscal year basis to a maximum of three (3) additional fiscal years. In order to exercise this option, the CITY shall provide CONTRACTOR thirty (30) days notice prior to June 30, 2028 and June 30 of each subsequent year (if applicable), of its desire to extend the agreement. CONTRACTOR agrees to provide the services described in attached bid sheet for said additional period, should the CITY give the required notice.
At the request of the CONTRACTOR, the CITY may adju st all item prices by the amount in the increase or decrease during the previous twelve (12) months in the Los Angeles, Anaheim, Riverside All Urban Consumers Index. To determine the percent increase or decrease, the term “previous twelve months” shall me an the twelve-month period ending March 31 of that year, or if not available, the prior month.
C. For program flexibility and effectiveness, the City is seeking two responses for this project. Under Option A, the City will perform all traffic control, root p runing to a depth of 12 inches and root removal as necessary, concrete and/or asphalt removal, hauling and disposal, grading, barricading of area, repair of damaged sprinklers and/or water lines, backfilling and finish grading, and asphalt repairs. The co ntractor will perform all forming, placing, finishing, stripping and removal of forms, and clean-up of all CONTRACTOR operations. Under Option B, the successful 488
CONTRACTOR will do ALL necessary operations. The City will not be involved in any actual work. This is an on-call contract and no-specific amount of work is guaranteed.
D. CITY shall have the right to terminate this Agreement without cause, by giving not less than ten (10) days written notice of termination per section 4.18, Termination, of the Proje ct Agreement.
E. The work consists of furnishing all labor, materials, equipment and services as may be necessary to complete the proposed replacement of sidewalks, curbs, gutters, cross gutters, driveway approaches and wheel chair ramps at locations to be designated.
The CONTRACTOR shall be informed by the Public Works Director or Designee of the areas where the work is to be performed.
The CITY reserves the option to begin and complete the following portions of the project, or at times direct that they be performed by the CONTRACTOR.
1. Traffic control associated with all contractual work operations.
2. Removal of existing concrete and pavement.
3. Root pruning and/or removal to a depth of twelve (12) inches below existing concrete.
4. Installation of the new asphalt pat ch against the newly poured concrete gutter and/or cross gutter and/or wheel chair ramp.
5. Placement of backfill material.
6. Repair of sprinkler systems.
7. Adjust utility covers to grade.
The CONTRACTOR will be responsible for forming, compacting and pouring of the curb, gutter, cross gutters, driveway approaches, sidewalk, and wheel chair ramps and if requested, any or all of the aforementioned.
F. Unless superseded by written specifications within this document, the CONTRACTOR shall perform all work and use methods in accordance with the applicable sections of the Standard Specifications for Public Works Construction, latest edition which can be found in Appendix A, which are posted on the City’s Planet Bid’s portal under the “Documents” tab. (Subsequently referred to as “The Green Book”) and the City of Garden Grove Public Works Department Standard Plans, latest edition.
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II. PROTECTION OF PERSONS AND PROPERTY
The CONTRACTOR shall:
A. Initiate, maintain, and supervise all safety precautions and programs in connection with the work.
B. Take all reasonable precautions for the safety of, and provide all reasonable protection, prevent damage, injury or loss to:
1. All employees on the work and other persons who may be affected thereby;
2. All the work and all materials and equipment to be incorporated therein; and
3. Other property at the site and adjacent thereto.
C. Give all notices and comply with all applicable laws, ordi nances, rules, regulations and orders of any public authority bearing on the safety of persons and property, and their protection from damage, injury or loss.
D. Promptly remedy all damage or loss to any property caused in whole or in part by the CONTRACTOR, any subcontractor, or any that may be liable, except damage or loss attributable to the acts or omissions of the owner or his/her representative or anyone directly or indirectly employed by either of them, or be anyone for whose acts either of them may be liable and not attributable to the fault or negligence of the CONTRACTOR.
E. Provide protection so as to minimize interference with an interruption to the adjacent property owner/tenant's employees and production process.
F. Advice the property owner/tenant when ever work is expected to be hazardous to the property owner's employees and production process.
III. INSPECTION OF WORK BY CITY
A. All work performed and all materials furnished shall be subject to the inspection and approval of the Director of Public Works or his /her authorized representative, and the CONTRACTOR shall prosecute work only with said inspection and approval.
B. Any work done without proper inspection will be subject to rejection. The Director of Public Works or his/her authorized representative shall a t all times have access to work during its preparation and construction, and the CONTRACTOR shall furnish every reasonable facility for ascertaining that the materials used, methods employed, and the workmanship are in accordance with these specifications.
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C. The inspection of the work shall not relieve the CONTRACTOR of any obligation to fulfill all conditions of the contract.
D. If any work should be covered up without approval or consent of the Director of Public Works, it shall be uncovered for examination and properly restored at the CONTRACTOR's expense.
IV. WORK INCLUDED
A. Provide all materials, labor, and equipment to complete the specified replacement of sidewalks, curbs, gutters, cross gutters, driveway approaches, wheel chair ramps, including any applicable asphalt repairs and/or patching. Each project will consist of a minimum of 2,400 square feet of concrete or 200 lineal foot of curb. The aforementioned quantities may not be continual sections, but small sections and at times on various streets (sporadic).
B. Install new sidewalks, curbs and gutter, cross gutters, drive way approaches, and wheel chair ramps at each site.
C. Clean and remove any debris caused by CONTRACTOR'S construction activity.
V. GENERAL
A. Under Option (A), the CITY shall properly barricade and delineate all areas from the time work begins until the work is co mplete and the area is opened for use. The CONTRACTOR will be responsible for furnishing traffic control in accordance with the provisions of the latest edition of the Work Area Traffic Control Handbook ("WATCH") during the performance of and up to and in cluding the acceptance by the CITY of all CONTRACTOR completed operations.
Traffic Control: Pedestrian and vehicular traffic shall be allowed to pass through the work area, whenever possible to do so, safely and with as little inconvenience and de lay as possible. The CONTRACTOR shall provide adequate flag persons as reasonably necessary for the safety of persons and vehicles. Under Option (B), the CONTRACTOR will do all of the above.
B. The CONTRACTOR shall promptly clean up the construction area, r emove debris, and hand sweep at all locations at the end of each day. If CONTRACT personnel do not begin cleanup prior to 8 a.m. of the day following completion, CITY will arrange to provide cleanup and charge expenses to the CONTRACTOR.
C. The CONTRACTOR sh all have three (3) working days to complete all sidewalk or curb and gutter or driveway approaches or wheelchair ramps 491
or bus pads and cleanup per project. The CONTRACTOR will be notified a minimum of 5 days before initiation of a project by the Public Wo rks Director or designee.
D. No work will be allowed outside regular working hours without the express permission of the Public Works Director or authorized representative, except work items relating to maintenance and cleanup of the work area for the purpose of public safety and convenience. In the event work outside regular hours is allowed, any extra expense incurred by the CONTRACTOR shall be considered as being included in his/her bid prices and no extra compensation will be due for such work; and CONTRACTOR is responsible for crediting CITY for inspector's salary, including overtime. Regular working hours will be 7 a.m. to 3 p.m., Monday through Thursdays and every other Friday as designated by the Director of Public Works.
Non-Working Days: Hol idays, every other Friday and the days between Christmas Day and New Year's Day are non -working days for the CITY.
CONTRACTOR shall make requests for time extensions to work on these days seven calendar days in advance and shall reimburse CITY for the actual cost of overtime inspection.
E. The CONTRACTOR shall be responsible for protecting existing utilities and maintaining location of an access to all gate valves during construction.
CONTRACTOR shall confer with the CITY inspector to provide an acceptable method for the prevention of utility cover embedment in or bonding to the concrete. In addition to Sections 5 and 306 of the Standard Specification, the CONTRACTOR shall also adhere to standards of each related utility.
Where damage is caused by th e CONTRACTOR's operations, the CONTRACTOR shall, at his/her expense, repair or replace damaged facilities promptly, in accordance with appropriate standards. Should the CONTRACTOR fail to perform the required repairs or replacements, the cost of performin g such repairs or replacements will be deducted from any monies due or to become due to the CONTRACTOR.
F. Special attention is directed to possible flood hazards and/or nuisance water, such as irrigation and other runoff. The CONTRACTOR may be responsible f or all injuries or damages to any portion of the work occasioned by the above causes and shall make good such injuries or damages at no cost to the CITY prior to the completion and acceptance of the work. Best management practices in accordance with the Ci ty’s Local Implementation Plan shall be employed at all times.
G. If rain is encountered during construction, the CONTRACTOR may bear all cost for the materials (including AC, AB, and over-excavation) which might be damaged by water, and shall take all necess ary steps to protect the work site (including using sandbags to protect work site, pump to keep raining and nuisance water away from the open excavated area, and other necessary protecting methods. Best management practices in 492
accordance with the City’s Local Implementation Plan shall be employed at all times.
Payment for the preceding shall be included in the various bid items of work, and no additional compensation will be allowed.
H. The CONTRACTOR shall guarantee for a period of one year, after acceptance of the work by the CITY, all materials and workmanship against any defects whatsoever. CONTRACTOR shall be notified of any defects which CONTRACTOR shall promptly repair at the CONTRACTOR's expense.
The CONTRACTOR will be charged for all costs inc urred by the CITY if, during the guarantee period, the CITY determines any CONTRACTOR failure is an emergency. Permanent repair shall be done by CONTRACTOR thereafter at the CONTRACTOR's expense.
I. Cooperation with Others: The CONTRACTOR shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference without annoyance to the public.
J. Supervision: The CONTRACTOR will assure that a qualified English speaking supervisor is present at all times when work is being performed.
If a citizen has a complaint or concern about work being performed, the CONTRACTOR's supervisor shall make initial contact with the citizen and endeavor to resolve the problem. The supervisor shall repor t each daily work schedule to the Public Works Supervisor or duly appointed representative prior to 2:30 p.m., on the preceding afternoon.
VI. COMPACTION
A. A relative compaction of 90 percent is required on subgrade material.
B. Subgrade at each location shall be i nspected prior to replacement of the concrete sidewalk.
C. Any compaction tests will be made by the CITY at no additional expense to CONTRACTOR.
VII. CONCRETE WORK
A. Concrete work shall be per Standard Plans and Details, City of Garden Grove (see attached).
B. Concrete shall be Class 520 -C-2500 with a maximum slump of four (4) inches, except where noted on Standard Plans.
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C. Sidewalk surface shall have a light broom finish to match existing sidewalk and/or curb and gutter.
D. If both ends of new construction abut existing sid ewalk, the new construction shall be scored to match existing.
E. Sidewalks longer than 30 feet in length shall have weakened plain joints per City Standard Plans.
F. All excess concrete shall be removed from the work area.
G. Strip and remove excess concrete deb ris and clean all edges of newly poured concrete.
H. All work shall be stamped with a stamp approved by CITY with name of CONTRACTOR and year.
I. Install weakened plain joints per City Standard Plans around tree wells as designated by the Engineer.
J. 4" Colored P.C.C. Work shall consist of constructing 4" colored concrete as designated by the Engineer. Concrete shall be a 6-1/2 sack of cement per cubic yard of concrete with a compressive strength of 3,000 lbs. psi at 28 days. The coarse aggregate shall be 3/8" m aximum and shall not be more than 30% by volume per cubic yard. The color shall be approved by the Engineer prior to application in field and shall be achieved by application of a Schofield Lithochrome color hardener or approved equal.
Color shall be app lied evenly with an approved shaker at the rate of 60 pounds per 100 square feet.
Colored P.C.C. shall be sprayed with a lithochrome (or approved equal) color wax matching the color of the concrete. It shall be applied to the finished surface at a minimum rate of 600 square feet per gallon of unthinned color wax, in accordance with the manufacturer's recommendations. Color hardeners and color wax shall be approved by the Engineer prior to construction. The CONTRACTOR shall submit as examples of accomplished work a minimum of five (5) locations at which he/she has done a similar type of construction. No construction of concrete shall commence prior to approval from the Engineer.
VIII. BILLING AND PAYMENT
A. The CITY shall issue written notice of work to the CONTRACTOR with a list of the type of work required, showing location and quantity. The CONTRACTOR shall complete the requested work within the time period designated by the CITY and submit written billing within thirty (30) days of completion. The written billing shall show: Work issuance completion 494
and invoice dates, plus an itemized list of the completed work showing location and quantity corresponding to that same item on the work order.
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Item 241/2026
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: 8/25/2026
Subject: Approval of an Agreement with Healthcare in Action (HIA) to operate the City's Mobile Crisis Response Team. (Cost: $1,000,000)(Action Item)
OBJECTIVE
For the City Council to approve a Professional Services Agreement with Healthcare in Action (HIA) to assume operation of the City's Mobile Crisis Response Team.
BACKGROUND
On May 25, 2021, the City Council approved an 18-month pilot agreement with Be Well OC to operate the City's Mobile Crisis Response Team. The pilot program was developed in coordination with the Garden Grove Police Department (GGPD), Orange County Fire Authority, and the Economic Development and Housing Department to provide behavioral health crisis intervention, de-escalation, homeless outreach, welfare checks, and linkage to community-based services.
Following successful implementation of the pilot program, the City Council approved a new Professional Services Agreement with Be Well OC on July 25, 2023, establ ishing the Mobile Crisis Response Team as an ongoing City program. The program has become an integral component of the City's continuum of care by providing specialized behavioral health crisis intervention, homeless outreach, case management, and connecti ons to community resources. Between October 2021 and June 2026, Be Well OC completed more than 23,100 services, including 10,769 welfare checks, 5,991 mental health responses, 5,358 homelessness-related services, and 796 substance use interventions. During that period, the team also provided 2,356 referrals to community resources, demonstrating its role in connecting residents with ongoing support beyond the initial crisis response.
In addition to these community-based services, the Mobile Crisis Response Team responded to police-dispatched calls for service. The team has dedicated more than 9,192 hours responding to dispatched calls and 12,135 total service hours across all program activities since program inception, including case management services. Based on Police Department estimates, the calls handled directly by Be Well OC during this period represent an estimated 500
Item 241/2026
$1.2 million in police labor savings alone. The Mobile Crisis Response Team has generated emergency service cost savings by diverting appropriate behavioral health-related calls from traditional public safety responses, allowing police officers, firefighters, and emergency medical personnel to remain available for higher-priority emergencies.
In May 2026, Be Well OC formally notified the City of its intent to terminate the Professional Services Agreement for the Mobile Crisis Response Program (Attachment No. 1) , citing internal financial constraints and long -term operational sustainability considerations that made it no longer feasible to co ntinue operating the Mobile Crisis Response Team under its existing service model. Be Well OC indicated that its decision was based on the determination that the current service model was not financially viable at the existing contract rates, and emphasized that the decision was not related to the City of Garden Grove, the quality of the program, or the City’s partnership with the organization.
Be Well OC also committed to working collaboratively with the City to ensure an orderly transition of services. To ensure continuity of mobile crisis response services while a new provider was being selected, the City entered into a temporary month -to-month agreement with Be Well OC, effective July 1, 2026, in place of the existing annual contract. Under the temporary agreement, Be Well OC will provide a reduced level of service consisting of 10 hours per day, 7 days per week, at a cost of $539,323 for the five -month term from July 2026 through November 2026. The Fiscal Year (FY) 2025-26 agreement consisted of 18 hours per day, 7 days per week, at an annual cost of $1,126,400.
DISCUSSION
The City has worked proactively over the past several months to identify a replacement provider that can continue delivering high -quality mobile crisis response services following Be Well OC's decision to discontinue operations in Garden Grove. Staff learned that Healthcare in Action (HIA) provides mobile crisis response in Los Angeles County. HIA currently provides mobile behavioral health and street medicine services through the CalOptima Street Medicine Program. The partnership with CalOptima has provided valuable resources to the unhoused population in Garden Grove and HIA has been an integral component of the success of the Street Medicine Program. Based on this experience, and difficulty identifying other qualified providers, staff solicited a proposal from HIA to provide mobile crisis response services. HIA's proposed model is designed to respond alongside the GGPD to eligible behavioral health crises, allowing police officer s to transfer responsibility to licensed behavioral health professionals once a scene has been stabilized, thereby improving service delivery while returning officers to higher profile emergency response duties. It is important to note that the mobile crisis response team is completely separate from the street medicine team. This distinction was important to CalOptima to ensure a clear separation of services.
Following City Council approval, staff will implement a three -month transition period from September 1 through November 30, 2026, during which Be Well OC and HIA will operate simultaneously. This overlap is intended to ensure continuity of services while allowing HIA personnel to receive comprehensive operational training before assuming full responsib ility for the program. City staff is coordinating with Be Well OC and GGPD to develop a structured training curriculum that includes classroom instruction, dispatch procedures, ride-alongs, field observations, documentation requirements, and operational protocols. Be Well OC staff and 501
Item 241/2026
GGPD personnel will work directly with HIA employees throughout the transition period to ensure they are fully trained and prepared prior to the full program launch. HIA anticipates approximately a 90-day implementation period that includes staff recruitment, vehicle and equipment readiness, dispatch integration, GGPD -led training, supervised field operations, and a full operational launch upon completion of the transition period.
The proposed agreement includes one -time star tup costs of $291,268 to establish HIA's operations in Garden Grove. These costs include personnel recruitment and onboarding, acquisition and outfitting of a response vehicle, reporting and documentation systems, software, office equipment, communications equipment, and other operational startup expenses necessary to begin service delivery. Additionally, the City will continue providing workspace and vehicle parking at the Purcell Building, maintaining the same operational arrangement currently utilized by Be Well OC.
While HIA will continue the core mission of the original mobile crisis response program , several operational changes are proposed as part of the transition. The daily service schedule will be adjusted from the current 10-hour operating model to an 8-hour-per-day, 7-days-per- week schedule, with final operating hours determined jointly by the City and GGPD based on historical peak call volume. The HIA response team will consist of two (2) Associate Clinical Social Workers (ACSW) and two (2) Emergency Medical Technicians (EMT), supported by a Licensed Clinical Social Worker (LCSW) Supervisor, physician oversight, clinical operations management, and dedicated data analytics support, totaling 5.62 full -time equivalent positions. The program will continue operating as a co -response model with GGPD and will strengthen coordination with the Orange County Health Care Agency, the County's Crisis Assessment Team (CAT), Federally Qualified Health Centers, and CalOptima's existing Street Medicine Program to improve care coordination and long -term service connections.
Transportation of individuals will be coordinated through emergency medical services, medical transportation providers when appropriate, or GGPD when necessary, as HIA personnel will not transport clients in program vehicles.
The proposed annual contract cost for HIA is $1,201,482, representing an increase of approximately $50,000 over the City's current contract amount with Be Well OC of $1,151,163. It is anticipated that approximately $560,677 of the FY 2026-27 funding originally budgeted for the Be Well contract will remain unspent following the transition of services to HIA on December 1, 2026. The estimated cost of HIA services from December 1, 2026 through June 30, 2027 is $700,864, resulting in an additional operating cost of $140,187 for the current fiscal year. Combined with the one-time startup costs of $291,268, the total additional funding required to transition the Mobile Crisis Response service to HIA is $431,455.
Staff believes this additional investment is warranted to maintain uninterrupted behavioral health crisis response services and preserve the significant public safety benefits the program has demonstrated since its inception. Staff further believes it is in the City's best interest to waive the competitive bidding process to avoid any disruption in service during the transition and to ensure continuity of care for residents experiencing behavioral health crises.
Given the significance of transitioning to a new service provider, staff recommends utilizing the remainder of FY 2026-27 as a pilot implementation period with HIA. During this period, 502
Item 241/2026
City staff and GGPD will closely monitor program performan ce, operational effectiveness, response times, service outcomes, reporting capabilities, and coordination with public safety personnel. Staff will issue a Request for Pro posals in April 2027 for long-term mobile crisis response services and will return to City Council in June 2027 with a recommendation to award a long-term contract.
FINANCIAL IMPACT
The annual cost of the HIA contract is $1,201,481, plus a one-time startup cost of $291,268.
The prorated cost for the seven -month period from December 1, 2026 and June 30, 2027, including the startup costs, is $992,132. Combined with the temporary month -to-month agreement with Be Well OC totaling $539,323 for the period from July 1, 2026 through November 30, 2026, the total estimated cost for the City’s Mobile Crist Response Program for FY 2026-27 is $1,531,455.
A total of $1,100,000 in General Funds has been included in the adopted budget for the Mobile Crisis Res ponse Pro gram. Accordingly, an additional appropriation o f approximately $450,000 is required for the current fiscal year. The additional appropriation will be funded with National Opioid Settlement funds received by the City since November 2022.
RECOMMENDATION
It is recommended that City Council:
Approve to dispense of the bidding process per Municipal Code 2.50.060 (G), in the best interest of the City;
Approve a Professional Services Agreement with Healthcare in Action (HIA) for an amount not to exceed $1.0 million;
Approve an additional appropriation of $450,000; and
Authorize the City Manager , or designee, to sign the Agreement, and make minor modifications as appropriate on behalf of the City Council.
By: Timothy Throne, Project Planner
ATTACHMENT(S)
1. Notice of Contract Termination
2. Professional Services Agreement
3. Healthcare in Action Proposal
503
18650 MacArthur Blvd. Ste. 350 Irvine, CA 92612
www.bewelloc.org | 949-749-2500
May 29, 2026
Via Certified Mail and Email
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Attention: Lisa Kim, City Manager
With a copy to: Omar Sandoval, Garden Grove City Attorney and Chief Amir El-Farra Re: Notice of Termination – Professional Services Agreement for Mobile Crisis Response Program
Dear Ms. Lisa Kim and Omar Sandoval, Esq.,
This letter serves as formal written notice of termination of the Professional Services Agreement for the Mobile Crisis Response Program between the City of Garden Grove and Mind OC / Be Well OC, originally effective May 25, 2021, as amended, including the Second Amendment extending the term through June 30, 2026.
Following a careful review of Be Well OC’s organizational finances and long-term operational sustainability, we have determined that financial constraints make it no longer feasible for us to continue operating the Mobile Response Team under the current service model. This determination is based solely on internal financial considerations and is not related to the City of Garden Grove, the quality of the program, or our partnership in any way.
Accordingly, and pursuant to the termination and notice provisions of the Agreement, Be Well OC / Mind OC hereby provides notice that the Agreement will terminate effective June 30, 2026, which shall be the last day services will be provided under the contract.
We are sincerely grateful for our many years of collaboration with the City of Garden Grove and deeply value the opportunity we have shared to deliver meaningful, positive impact for the Garden Grove community. Be Well OC will continue to work collaboratively with City representatives through the effective termination date to support an orderly transition, including coordinated wind-down activities and communication planning, to minimize any disruption to community services. 504
18650 MacArthur Blvd. Ste. 350 Irvine, CA 92612
www.bewelloc.org | 949-749-2500
Be Well OC / Mind OC will continue to perform services in good faith through June 30, 2026, and will fulfill all applicable close-out requirements under the Agreement, including final reporting and invoicing for services rendered through the termination date. Nothing in this notice is intended to waive any rights or obligations of either party under the Agreement, including provisions that expressly survive termination.
We appreciate the partnership with the City of Garden Grove and the shared commitment to compassionate, community-based behavioral health response. Please confirm receipt of this notice.
We will work closely with your team to coordinate transition planning as needed.
Sincerely,
Phillip Franks
Chief Executive Officer
Be Well OC / Mind OC
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1 1581609.1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this AUGUST 25, 2026 by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and HEALTHCARE IN ACTION, a California nonprofit corporation, hereinafter referred to as “CONTRACTOR”.
RECITALS
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to Garden Grove City Council approval on August 25, 2026.
2. CITY desires to utilize the services of CONTRACTOR to design, develop, and deploy a Mobile Crisis Response Program per Attachment “A”.
3. CONTRACTOR is qualified by virtue of experience, training, education and expertise to accomplish services.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. TERM AND TERMINATION. The term of the agreement shall be from August 25, 2026 through June 30, 2027, unless sooner terminated as provided herein. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with CONTRACTOR’s proposal which is attached as Attachment “A” and is hereby incorporated by reference. CONTRACTOR is required to present evidence to support performed work completion.
2. SERVICES TO BE PROVIDED. The services to be performed by CONTRACTOR shall consist of tasks as set forth in the Proposal attached as Attachment “A”. The Proposal is incorporated herein by reference. The Proposal and this Agreement do not guarantee any specific amount of work.
3. COMPENSATION. CONTRACTOR shall be compensated as follows:
3.1 A MOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of One Million Dollars ($1.0 million), payable in arrears and in accordance with proposal in Attachment 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, CONTRACTOR must promptly render an invoice to CITY or payment may be significantly delayed. For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on schedule included in Proposal (Attachment A).
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3.3 RECORDS OF EXPENSES . CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement for a minimum of five years. These records will be made available at reasonable times to CITY.
3.4 TERMINATION. CITY shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of Paragraph 3 would apply to that portion of the work completed.
4. INSURANCE REQUIREMENTS.
4.1 C OMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance and provide a Waiver of Subrogation in favor of the City.
4.2 W ORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable.
4.3 I NSURANCE AMOUNTS. CONTRACTOR shall maintain the following insurance for the duration of this Agreement:
(a) Commercial general liability in an amount of $1,000,000.00 per occurrence (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A - Class VII or better, as approved by the CITY.
(b) Automobile liability in an amount of $1,000,000.00 combined single limit (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A - Class VII or better, as approved by the CITY.
(c) Professional liability in an amount not less than $1,000,000. Insurance companies must be admitted and licensed In California and have a Best’s Guide Rating of A-, Class VII or better, as approved by the City. If the policy is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of the agreement, and for a period of three (3) years from the date of the completion of services provided. In the event of termination, cancellation, or m aterial change in the policy, professional/contractor shall obtain continuing insurance coverage for the prior acts or omissions of professional/ contractor 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, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, 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 CONTRACTOR’s insurance and shall not contribute with it.
If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.
5. NON-LIABILITY OF OFFICIALS AND EMPLOYEES OF THE CITY . No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount, which may become due to CONTRACTOR.
6. NON-DISCRIMINATION. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handic ap, national origin, or ancestry, in any activity pursuant to this Agreement.
7. INDEPENDENT CONTRACTOR. It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.
8. COMPLIANCE WITH LAW.
CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government. CONTRACTOR shall comply with, and shall be responsible for c ausing 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 508
4 1581609.1
work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.
9. CONFLICTS OF INTEREST. CONTRACTOR shall maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts.
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member o f his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.
10. N OTICES. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice.
These addresses shall be used for delivery of service of process.
a. (CONTRACTOR) Healthcare in Action
Attention: Benjamin Kaska
3800 Kilroy Airport Way
Long Beach, CA 90806
b. (Address of City) (with a copy to):
City of Garden Grove Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840
Attention: City Manager
11. CCONTRACTOR’S PROPOSAL . This Agreement shall include CONTRACTOR'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.
12. LICENSES, PERMITS, AND FEES. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.
13. FAMILIARITY WITH WORK . By executing this Agreement , CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR's risk, until written instructions are received from CITY.
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14. TIME OF THE ESSENCE . Time is of the essence in the performance of this Agreement.
15. LIMITATION UPON SUBCONTRACTING AND ASSIGNMENT . The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement.
CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by op eration of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed . Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.
16. 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.
17. INDEMNIFICATION. CONTRACTOR agrees to protect, defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by CONTRACTOR, CONTRACTOR's agents, officers, employees, subcontractors, or independent contractors hired by CONTRACTOR.
The only exception to CONTRACTOR's responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY, or any of its elective or appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.
18. APPROPRIATIONS. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.
\ \ \ \
(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: _____________
CITY OF GARDEN GROVE
By:_____________________________
Lisa L. Kim
City Manager
ATTEST:
By:___________________________
Liz Vasquez
City Clerk
Date:____________________________
Date: ______________
HEALTHCARE IN ACTION
By:_____________________________
Its: ________________________
APPROVED AS TO FORM:
By:___________________________
City Attorney
If CONTRACTOR is a corporation, a Corporate
Resolution and/or Corporate Seal is required.
If a Partnership, Statement of Partnership
must be submitted to CITY.
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7 1581609.1
ATTACHMENT “A”
CONTRACTOR’S PROPOSAL
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PROPOSAL
Garden Grove Mobile Crisis Response Team
to Provide Mobile Mental Health and Crisis Stabilization Services
Prepared For:
The City of Garden Grove
11222 Acacia Parkway,
Garden Grove, CA 92840
Submission Date:
July 21, 2026
Version 2.0
Prepared By:
Healthcare in Action (HIA)
3800 Kilroy Airport Way, STE100
Long Beach, CA 90806
Benjamin Kaska, MPAP, PA-C
Chief of Integrated Care Delivery, HIA
Christopher Lee, MBA
Chief Financial Officer, HIA; VP of Financial
Planning & Analysis of SCAN Health Plan
Michael Wu, MD
General Manager & Medical Director for San
Diego & Orange Counties, HIA
Robert Horner, PA-C
Manager of Clinical Operations for Orange
County, HIA
Purpose of Document:
This proposal is submitted by Healthcare in Action (HIA) to the City of Garden Grove and is intended for attachment to the City Council Staff Report for August 25, 2026. Upon approval, this document may serve as the Scope of Work incorporated into the agreement between the City of Garden Grove and Healthcare in Action.
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Healthcare in Action | City of Garden Grove | Scope of Work & Budget | August 25, 2026 Page 1 of 6
Proposal for Garden Grove Mobile Crisis Response Team
Executive Summary
Healthcare in Action (HIA) is a non-profit organization exclusively dedicated to providing medical care and social services for patients experiencing homelessness through mobile outreach. Below is a proposal to serve individuals experiencing a crisis in partnership with the City of Garden Grove to establish a Mobile Crisis Response Team (MCRT) to provide continuity of mobile crisis services in Garden Grove. HIA is a mission-aligned local partner that already operates a street medicine program in Garden Grove and can connect individuals to follow-up services. Under this model, the HIA team responds in tandem with the Garden Grove Police Department (GGPD) to eligible situations. When appropriate, and once GGPD determines that their continued presence is not required, the HIA team can assume care of the individual, freeing officers to return to and respond to other emergency calls. The primary value of this partnership is reducing the reliance on police and other high-cost public safety resources for typical mental health and crisis situations while ensuring individuals continue to receive appropriate care.
Overview of Healthcare in Action
General Service Offerings: Healthcare in Action is a nonprofit organization dedicated to providing general medical services, addiction treatment, behavioral health care, and case management for
individuals living with homelessness. The Healthcare in Action street teams bring these services to unhoused
patients through mobile outreach at street encampments, homeless shelters, and interim housing facilities. The dual goal of Healthcare in Action’s services is to help stabilize the health of unhoused populations and to facilitate their transition to stable housing situations.
Specific Services:
• General medical services;
• Addiction counseling and medication assisted
treatment;
• Behavioral health care, including medication
management;
• Laboratory testing;
• Point-of-care ultrasonography;
• Medication dispensary/delivery of medications
from pharmacies;
• Referrals and transportation to medical specialist
appointments;
• Enrollment in the Coordinated Entry System;
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• Other social services, including support with
food stamps, disability and other social service
program applications.
Target Population: HIA provides services to unhoused residents in its target communities in Southern California. For this proposal,
Healthcare in Action offers its services directly to the City of Garden Grove.
Mobile Crisis Response Team (MCRT) Model Overview
Program Overview The HIA Mobile Crisis Response Team, consisting of one Associate Clinical Social Worker (ACSW) and one
Emergency Medical Technician (EMT), responds in tandem
with GGPD to eligible non-emergent crisis situations. The program co-responds to calls involving individuals
experiencing mental health crises, both housed and
unhoused.
Upon arrival, the team awaits direction from GGPD before approaching the individual, ensuring the safety of HIA
personnel under a co-response model with law enforcement present. Once cleared to approach, the team assists in
triaging and assessing the individual, de-escalating the situation, and connecting the person to appropriate services, including the HIA Garden Grove street medicine team when appropriate. When GGPD determines that their continued
presence is not needed, the HIA team can assume care so that officers are free to respond to other emergency calls. If an individual is transported to a hospital by GGPD, the HIA team can assume care and remain with the individual while awaiting hospital staff, again freeing GGPD to respond to other emergencies. At any point, whether in the field or at a receiving facility, if the situation escalates or a safety concern arises, the team will contact GGPD, and officers will respond to assist.
Service Boundaries
• The team escalates to the CAT team or the
Department of Mental Health (DMH) when
needed.
• The team does not provide acute medical care
during calls.
• The team does not perform involuntary holds.
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• The team does not provide direct transport in
program vehicles; transportation is arranged as
needed through GGPD, EMS, or a contracted
non-emergency medical rideshare service (e.g.,
medical Uber).
Care Pathways and Disposition
Depending on the situation, individuals may be connected to a range of next steps. These include referral to HIA's CalOptima street medicine program when appropriate and
when the person meets eligibility and capacity
requirements, referral to an FQHC or other community
provider, or connection to the CAT team or DMH. In some cases, individuals may agree to a voluntary hold and be transported to a hospital by GGPD.
MCRT Staffing Plan: The program operates two field-based response teams supported by dedicated clinical supervision, operational management, physician oversight, and data analytics
resources, as summarized below. One supervising Licensed Clinical Social Worker (LCSW) supports both teams. Each field team consists of one EMT (Basic) and one ACSW. The LCSW Supervisor provides clinical supervision and
management for both teams and covers field shifts during staff absences (PTO, sick leave, or leave of absence) to maintain operational continuity. Teams are strategically staged to maximize responsiveness and provide operational redundancy. Staff are supported by shared HIA clinical and administrative infrastructure, reflected below and in the budget. The team receives training through the Garden
Grove Police Department in partnership with HIA.
Staffing Plan Roles & Responsibilities
Role FTE Responsibilities
Crisis Response Social Worker
(ACSW)
2.0 One per field team. Crisis assessment, de-escalation, suicide risk assessment, crisis counseling, and triage to appropriate services.
Practices under the clinical supervision of the LCSW Supervisor. 516
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Staffing Plan Roles & Responsibilities
Role FTE Responsibilities
EMT / Clinical Support Partner
(CSP)
2.0 One per field team. Operates the response vehicle, maintains real-time communication with GGPD, and supports scene logistics and other appropriate tasks.
LCSW Supervisor / Program
Manager
1.0 Provides clinical supervision for the ACSWs and day-to-day program management for both teams; serves as primary liaison to GGPD; provides field coverage during staff PTO, sick leave, and leaves of absence to maintain operational continuity.
Medical Director (Physician) 0.17 Physician oversight of clinical protocols, EMT scope of practice, and quality assurance.
Manager, Clinical Operations 0.33 Operational oversight, GGPD/City coordination, policies and procedures, and program performance.
Manager, Decision Support &
Data Analytics
0.12 Data collection, reporting, and dashboard development in collaboration with the City and GGPD.
Total 5.62 5.0 dedicated program FTE plus 0.62 FTE shared administrative and clinical support.
Schedule and Coverage
Model:
The program provides eight hours of field coverage per day, seven days per week. Consistent with GGPD's preference, the daily shift will begin at 9:00 AM or later, with the final shift window set jointly with the City and GGPD based on call-volume data (e.g., 9:00 AM – 5:00 PM or 10:00 AM – 6:00 PM).
Coverage is provided by two teams on staggered five-day schedules, so exactly one team is on duty each day of the week, with a midweek overlap period (Wednesday–Friday)
that provides dual-team capacity for peak demand, joint training, case conferencing, and supervision. The LCSW
Supervisor provides field coverage during planned and
unplanned staff absences, so daily coverage is maintained without gaps.
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Schedule Mon Tue Wed Thu Fri Sat Sun
Team A ● ● ● ● ● — —
Team B — — ● ● ● ● ●
Implementation Overview
and Timeline:
Following anticipated City Council approval on August 25, 2026, HIA will begin a ramp-up period during which the
team will complete training through the Garden Grove
Police Department in partnership with HIA and be
onboarded into the relevant response workflows. Specific implementation details will be finalized collaboratively with the City and GGPD.
Milestone Timeline
City Council approval and contract execution August 2026 Recruitment and hiring; EHR build; joint policies and protocols developed with GGPD
Month 1
GGPD-led MCRT training; vehicle and equipment readiness; dispatch and documentation system integration; ride-alongs with GGPD Month 2
Supervised field operations (soft launch); protocol refinement with GGPD and City
Month 3
Full 7-day/week service launch Approximately 90 days after contract execution
Data, Reporting, and
Performance Measures:
HIA will document each response and report program
performance to the City and GGPD on a regular cadence as determined by the City and will collaborate with the City on reporting analytics and dashboard development to ensure transparency and continuous quality improvement.
Additional measures and reporting formats will be finalized collaboratively with the City and GGPD during
implementation.
Assumptions and City-
Provided Resources:
• GGPD provides MCRT training in partnership
with HIA, co-responds to calls, and integrates
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the MCRT into GGPD dispatch and
documentation systems as deemed necessary.
• The MCRT maintains continuous
communication with GGPD through GGPD
systems, keeping the department updated on the
team's location, status, and plan so that officers
can provide support or guidance at any time.
• The City provides workspace and overnight
vehicle parking.
• Transport of individuals is provided by GGPD,
EMS, or a contracted non-emergency medical
rideshare service (e.g., UberHealth); MCRT does
not transport individuals in program vehicles.
• This program is operated separately from HIA's
CalOptima street medicine contract.
• The daily shift window (beginning at 9:00 AM
or later) will be finalized with GGPD based on
call-volume data.
Contract Period Healthcare in Action proposes a services-based contract totaling $992,132 that would support the above-described services. The below proposal budget timeline assumes
contract execution in August 2026 for an anticipated project start-up of September to November 2026 and a pilot
operating term from December 2026 to June 2027. The
exact dates and payment terms are to be finalized with the City. Detailed budget is below.
Budget Summary
The budget below reflects HIA's financial model for an 8-hour-per-day, 7-day-per-week service with two field teams and an LCSW supervisor per the above assumed contract period.
Workspace and overnight vehicle parking are assumed to be provided by the City of Garden Grove.
Budget Component Amount
FY 26-27 Prorated Operating Budget $700,864
Startup Costs (one-time) $291,268
Total Year 1 $992,132
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Item 344/2026
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: 8/25/2026
Subject: Introduction and First Reading of an Ordinance adding Chapter 8.72 to Title 8 of the Garden Grove Municipal Code to establish safety and security requirements for hotel workers. (Action Item)
OBJECTIVE
It is recommended that the City Council introduce and conduct the first reading of an Ordinance adding Chapter 8.72 to Title 8 of the Garden Grove Municipal Code to establish safety and security requirements for hotel workers, and set the Ordinance for second reading and adoption at the next regular City Council meeting.
BACKGROUND
Hotel employees, particularly those who work alone in guest rooms or other isolated areas, may be exposed to threatening or violent conduct, and other emergency situations. Several California cities, including Anaheim and Ontario, have adopted hotel employee safety regulations requiring personal security devices, trained responders, employee training, notice of employee rights, and protections against retaliation for exercising their rights under the Ordinance.
Hotel employee safety practices may vary based on a hotel’s brand standards, ownership structure, management company, and existing operating procedures. Some hotel operators may already provide personal security devices, employee training, and established response protocols, while others may not offer the same level of protection.
The proposed Ordinance would establish a consistent minimum citywide standard for hotels while allowing individual operators to maintain or implement more protective policies.
Establishing a uniform baseline is a recognized best practice and helps ensure that hotel employee safety does not depend solely on a hotel’s brand affiliation, ownership, or internal operating procedures.
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DISCUSSION
The proposed Ordinance is intended to strengthen workplace safety for hotel employees who are assigned to work alone in a guest room or restroom facilities while providing hotel operators with a reasonable period to obtain equipment, train personnel, update procedures, and provide required notices
The proposed Ordinance includes the following core requirements:
Personal security devices. Hotels must provide covered employees (those who work alone in guest rooms or other designated areas ) with a personal security device capable of summoning prompt assistance when an employee reasonably believes that threatening or violent conduct or another emergency is occurring.
Designated and trained responders. Hotels must maintain a dependable response system and designate trained personnel, such as security staff or an on-duty manager, to respond to personal security device activations. At least one trained responder must be a vailable whenever covered employees are working.
Training. Hotels must provide training regarding hotel response procedures, operation of the personal security devices, employee rights under the Ordinance, and the duties of designated responders.
Employee protections following an incident. An employee who reports threatening or violent guest behavior may request reassignment away from the offending guest.
Employees must be allowed reasonable paid time to contact law enforcement and cooperate with a police investigation, consistent with the Ordinance.
Notice requirements. Hotels must provide written notice of employee rights and procedures in English and in other primary languages spoken by the number of employees specified in the Ordinance. Hotels must also provide notice to guests of the protections afforded hotel workers.
Anti-retaliation and enforcement. Hotels may not retaliate against employees for exercising rights under the Ordinance. The Ordinance provides enforcement mechanisms and remedies for violations.
Implementation of the Ordinance is proposed for January 1, 2027, which would provide affected hotel operators with approximately four months following the August 25, 2026 introduction to prepare for compliance. Following introduction and first reading, the Ordinance would return to the City Council for second reading and adoption at a subsequent regular meeting. Although the Ordinance would become effective 30 days after adoption, implementation and enforcement of the hotel employee safety requirements would begin on January 1, 2027.
FINANCIAL IMPACT
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Adoption of the Ordinance is not anticipated to result in a significant direct impact on the General Fund. Implementation may require a limited amount of staff time for outreach and education, complaint intake, compliance review, and enforcement. Affected hotel operators would be responsible for the costs associated with personal security devices, employee training, required notices, and other operational measures necessary to comply with the Ordinance.
RECOMMENDATION
It is recommended that the City Council:
Introduce and conduct the first reading of the proposed Ordinance establishing hotel employee safety regulations;
Set the Ordinance for second reading and adoption at the next regular City Council meeting; and
Authorize the City Manager, or designee, to take any administrative actions and execute any ancillary documents necessary to implement the Ordinance, subject to approval as to form by the City Attorney.
By: Greg Blodgett, Deputy Director
ATTACHMENT(S)
1. Ordinance adding Chapter 8.72 to Title 8 of the Garden Grove Municipal Code enacting hotel worker protection regulations.
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, CALIFORNIA, ADDING CHAPTER 8.72 TO TITLE 8 OF THE GARDEN GROVE MUNICIPAL CODE ENACTING HOTEL WORKER PROTECTION REGULATIONS.
City Attorney Summary
This ordinance enacts regulations to protect hotel workers from violent or threatening conduct such as conduct that involves physical violence or that would reasonably be interpreted as conveying a threat of the use of physical violence, including rape, assault, battery, as well as any threat or attempt to commit such an act. It is also intended to protect hotel workers from any sexual conduct or solicitation to engage in sexual conduct directed at a hotel worker without their consent, including indecent exposure.
WHEREAS, the City of Garden Grove is a municipal corporation organized under the laws of the State of California and has authority under its police power to adopt regulations to protect and promote the public health, safety, and welfare; and WHEREAS, the hospitality and tourism industry is an important component of the City’s economy, supports employment, and generates revenues used to provide public services; and
WHEREAS, hotel workers, particularly employees who work alone in guest rooms, restrooms, and other isolated areas, may be vulnerable to violent or threatening conduct, including sexual assault and other emergencies; and WHEREAS, requiring hotel employers to provide personal security devices, trained response personnel, incident procedures, and employee protections will promote worker safety and improve public safety; and
WHEREAS, the City Council desires to establish consistent, reasonable, and enforceable safety standards while allowing hotel employers flexibility to select compliant technology and operating procedures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council finds that the foregoing recitals are true and correct and incorporates them into this Ordinance by this reference.
SECTION 2. C hapter 8.72 is hereby added to Title 8 of the Garden Grove Municipal Code to read as follows:
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Ordinance No. ___
CHAPTER 8.72
HOTEL WORKER PROTECTIONS
§ 8.72.010 Definitions.
Words and phrases used in this chapter that are not specifically defined in this section shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. “Adverse employment action” means an action that detrimentally and materially affects the terms, conditions, or privileges of employment, including discharge, reduction in compensation or work hours, alteration of an established work schedule, material increase in workload, imposition of fees or charges, or change in duties. “City” means the City of Garden Grove.
“Emergency” means an immediate threat to public safety or a substantial risk of property loss or destruction.
“Guest” means a registered guest of a hotel, a person occupying a guest room with a registered guest, or a visitor invited to a guest room by a registered guest or other person occupying the room.
“Guest room” means a room, suite, dwelling unit, cottage, bungalow, or similar accommodation intended for transient sleeping purposes. “Hotel” means an establishment that provides temporary lodging for payment in the form of overnight accommodations in guest rooms to transient patrons for periods of thirty consecutive calendar days or less, and may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. “Hotel” includes hotels, motor lodges, motels, apartment hotels, transient occupancy residential structures, and extended-stay hotels that rent units (including units with kitchens) for thirty days or less, private residential clubs, tourist courts, and hostels that contain both dormitory-style accommodations and private guest rooms that may be reserved, meeting the definition set forth above. “Hotel” also includes any contracted, leased, or sublet premises operated in conjunction with a hotel or that is used for the primary purpose of providing services at a hotel. Except as provided above, the term “Hotel” does not include corporate housing, rooming houses, boarding houses, single-room occupancy housing, or licensed bed and breakfast establishments within a single-unit residence. “Hotel employer” means a person or entity that owns, controls, or operates a hotel in the City, and includes a contractor or subcontractor that employs hotel workers to provide services at a hotel in conjunction with the hotel’s purpose. 524
Ordinance No. ___
“Hotel worker” means a person employed by a hotel employer to provide services at a hotel. The term does not include a managerial, supervisory, or confidential employee.
“Personal security device” means a portable emergency contact device, including a panic button, that can be readily carried and activated by a hotel worker, signals the worker’s location, and provides direct electronic contact with designated response personnel. A whistle, noise-maker, alarm bell, or device that is not connected to monitoring and response personnel is not a personal security device. “Response personnel” means designated and trained personnel assigned to monitor and immediately and properly respond to personal security device activations. At least one response person shall be on duty and available at all times that hotel workers are working on hotel property.
“Violent or threatening conduct” means (1) any conduct that involves the use of physical violence or that would reasonably be interpreted as conveying a threat of the use of physical violence, and includes but is not limited to rape, assault (including sexual assault), and battery (including sexual battery), as defined by the California Penal Code, as well as any threat or attempt to commit such an act; or (2) any sexual conduct, or solicitation to engage in sexual conduct, directed at a hotel worker without the consent of the hotel worker and includes, but is not limited to, indecent exposure as defined by the California Penal Code. § 8.72.020 Personal security devices and response requirements.
A. A hotel employer shall provide, at no cost, a personal security device to each hotel worker assigned to work alone in a guest room or restroom facility. The hotel employer shall maintain each device and related monitoring system in good working order.
B. A hotel worker may activate a personal security device whenever the hotel worker reasonably believes that violent or threatening conduct or another emergency is occurring in the worker’s presence on hotel property or in the workplace. Immediately before or upon activation, the worker may stop work and leave the immediate area of danger to await assistance.
C. A hotel employer shall not take an adverse employment action against a hotel worker for activating a personal security device, contacting 911 or law enforcement, or leaving an area of perceived danger, unless the employer establishes by clear and convincing evidence that the worker knowingly and intentionally made a false claim of emergency.
D. A hotel employer shall at all times have designated and assigned response personnel who can receive alerts from personal security devices and provide immediate on-scene assistance in the event that a personal security device is activated. Hotel employers shall maintain accurate and contemporaneous records identifying the persons or positions assigned as response personnel. 525
Ordinance No. ___
E. Nothing in this chapter shall be construed to obligate a hotel worker to utilize the personal security device as opposed to dialing 911 or otherwise directly contacting law enforcement personnel to report violent or threatening conduct or an emergency. To the extent the hotel worker chooses to utilize 911 or direct law enforcement reporting instead of, or in addition to, the personal security device, all rights and obligations of the hotel worker and the hotel employer shall remain the same under this chapter.
§ 8.72.030 Rights following violent or threatening conduct.
A hotel worker who brings to the attention of a hotel employer violent or threatening conduct occurring on hotel property and/or in the workplace shall be afforded the following rights:
A. A hotel employer shall allow a hotel worker sufficient paid time, not to exceed three hours on the date of the incident, to report violent or threatening conduct to a law enforcement agency and to consult with a counselor or adviser of the worker’s choice.
B. A hotel employer shall not prevent or attempt to prevent a hotel worker from reporting violent or threatening conduct to a law enforcement agency.
C. A hotel employer shall not take or threaten to take an adverse employment action based on a hotel worker’s decision to report or not report violent or threatening conduct to law enforcement.
D. Upon request, a hotel employer shall provide reasonable accommodations to a hotel worker who has been subjected to violent or threatening conduct.
Reasonable accommodations may include, but are not limited to, a modified work schedule, reassignment to a vacant position, or other reasonable adjustment to job structure, workplace facility, or work requirements. § 8.72.040 Guest notice.
A. A hotel employer shall inform each registered guest at the time of room check-in that City law protects hotel workers from threatening behavior and that in compliance with City law, the hotel provides personal security devices to its employees.
B. A hotel employer shall prominently place in each guest room a written notice stating substantially: “Garden Grove law protects hotel workers from threatening behavior. This hotel provides personal security devices to its employees.” The notice shall reference this chapter of the Garden Grove Municipal Code.
C. The City Manager or his/her designee may approve substantially equivalent wording and alternative formats that provide clear and conspicuous notice to hotel guests.
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Ordinance No. ___
§ 8.72.050 Training.
A. A hotel employer shall provide comprehensive training to hotel workers covered under section 8.72.020(A) on the proper use and maintenance of personal security devices, the employer’s response procedures for responding to activation of a personal security device, worker rights, and employer obligations under this chapter.
B. Training shall occur during paid work time, within thirty days after a worker’s date of hire or assignment to covered duties, and at least annually thereafter.
C. Training shall be provided in English and in each language known by the hotel employer to be spoken by at least ten percent of the hotel workers employed at the hotel.
D. Response personnel shall receive annual paid training on the requirements of this chapter, proper functioning and maintenance of personal security devices, and procedures for responding to an activation.
E. The hotel employer shall maintain accurate records showing the content, date, and attendance for each required training for a minimum of three years. § 8.72.060 Records and inspection.
A. A hotel employer shall retain records of personal security device activations and related incidents for at least three years from the date of the activation or incident.
B. The hotel employer shall maintain written operating procedures for monitoring devices, dispatching response personnel, documenting activations, and maintaining equipment.
C. Records and operating procedures required by this chapter shall be made available to the City upon reasonable request, subject to applicable privacy and confidentiality laws. Personally identifying victim information may be redacted unless disclosure is required by law.
§ 8.72.070 Retaliation prohibited.
No person shall discharge, reduce in compensation, discriminate, or otherwise take an adverse employment action against a hotel worker for opposing any practice proscribed by this chapter, for participating in proceedings related to this chapter, for seeking to enforce their rights under this chapter by any lawful means, or for otherwise exercising rights protected under this chapter. A hotel employer taking any adverse employment action against any hotel worker who is known to have engaged in any of the foregoing activities within one (1) year preceding the adverse employment action shall provide to the hotel worker at or before the time of the adverse employment action a detailed written statement of the reason or reasons for the discharge or other adverse employment action, including all the facts claimed to substantiate the reason or reasons.
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Ordinance No. ___
§ 8.72.080 Administrative regulations and City enforcement.
A. The City Manager or his/her designee may adopt administrative regulations, forms, notices, compliance procedures, and reasonable implementation standards consistent with this chapter.
B. A violation of administrative regulations adopted under this section constitutes a violation of this chapter.
§ 8.72.090 Civil enforcement and remedies.
A. Civil action. An aggrieved person may enforce this chapter through a civil action in a court of competent jurisdiction.
B. Injunctive relief. A person who commits, proposes to commit, or engages in a pattern or practice that violates this chapter may be enjoined therefrom by a court of competent jurisdiction. An action for injunctive relief may be brought by an aggrieved person or by a person or entity that will fairly and adequately represent the interests of one or more aggrieved persons.
C. Damages and penalties. A person who violates this chapter is liable for actual damages suffered by an aggrieved person or statutory damages of up to one hundred dollars per aggrieved person per day of violation, whichever is greater; provided, however, that statutory damages shall not exceed five hundred dollars per day in total. For a willful violation, damages and penalties under this subsection may be trebled by the court.
D. Attorneys’ fees and costs. In a civil action brought under this section, the court shall award the prevailing party reasonable attorneys' fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.
E. Cumulative Remedies. The remedies set forth in this chapter are cumulative.
Nothing in this chapter shall be interpreted as restricting, precluding, or otherwise limiting a separate or concurrent criminal prosecution under this Code or State law
F. No criminal penalties. No criminal penalty shall attach solely for a violation of this chapter. Conduct addressed by this chapter may nevertheless be subject to criminal prosecution under other applicable law.
G. Coexistence with other available relief for deprivation of protected rights. This chapter shall not be construed to limit an aggrieved person's right to bring legal action for violation of any other federal, state, or local law. 528
Ordinance No. ___
§ 8.72.100 Relationship to other laws.
This chapter establishes minimum local standards. It shall not be construed to reduce or waive any right, duty, or protection provided by a collective bargaining agreement or by federal, state, or local law. If another applicable law provides greater protection to a hotel worker, the provision providing greater protection shall control to the extent permitted by law.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, and portion thereof irrespective of the fact that any one or more portions may be declared invalid or unconstitutional.
SECTION 4. E
ffective Date and Compliance Date. This chapter shall take effect on January 1, 2027. If a hotel employer is unable, after exercising reasonable diligence, to procure sufficient personal security devices by January 1, 2027, to equip its hotel workers as required by this chapter, it may apply for an extension of time as provided in the Administrative Regulations promulgated pursuant to this chapter.
SECTION 5. T
he Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and posted as required by law. This ordinance shall take effect thirty days after adoption.
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Item 351/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Council Member Arestegui
Dept:
City Manager Dept: City Manager
Date: 8/25/2026
Subject: Discussion on food truck regulations as requested by Council Member Arestegui.
Attached for reference are the current food truck regulations.
ATTACHMENT(S)
1. Food Truck Regulations
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GGMC 1 Food Truck Regs.
GARDEN GROVE MUNICIPAL CODE REGULATIONS APPLICABLE TO FOOD TRUCKS [August 2026]
§ 8.48.030 Vehicular Food Vending (Food Trucks).
Vending of prepared food products from stationary motor vehicles is only permitted pursuant to Title 9 (Land Use) and Chapter 6.16 (Food Handling) of this Code.
Vending of prepared food products from roaming motor vehicles is permitted on the public right-of-way in compliance with Chapter 6.16 (Food Handling) of this Code and Vehicle Code Section 22455, subject to the following additional requirements:
A. The time between stopping the vehicle to dispense any item of food and the time the vehicle leaves the location shall not exceed 10 minutes; B. The vehicle must move at least 500 feet between each stop; C. The parked location of the vehicle must be at least 100 feet from an intersection to minimize impacts on traffic flow and the potential obstruction of sight lines and observation;
D. The opening of the vehicle from which sales are made must face the sidewalk or such other direction so that customers are not required to stand in the vehicular right-of-way;
E. No vending from motor vehicles is permitted within 1000 feet from any school while children are going to or leaving such school during school opening or closing hours, or during the noon or lunch-time recess period.
§ 6.16.070 Mobile Food Facilities—Generally.
In addition to all other applicable provisions of the Health and Safety Code and of this chapter, mobile food facilities shall comply with the following safety requirements:
A. Compressors, auxiliary engines, generators, batteries, battery chargers, gas- fueled water heaters, and similar equipment shall be installed so as to be accessible only from the outside of the unit.
B. All equipment installed in any part of the unit shall be secured so as to prevent movement during transit and to prevent detachment in the event of a collision or overturn.
C. All equipment installed within the interior of the unit, including the interiors of cabinets or compartments, shall be construed so as to be free of sharp or jagged edges.
D. All utensils shall be stored so as to prevent their being hurled about in the event of a sudden stop, collision, or overturn. A safety knife holder shall be provided to avoid loose storage of knives in cabinets, boxes, or slots along counter aisles. Knife 531
GGMC 2 Food Truck Regs.
holders shall be designed to be easily cleaned and be manufactured of materials approved by the Health Officer.
E. Ceiling light fixtures shall be recessed or flush-mounted and sealed, and shall be equipped with safety covers approved by the Health Officer. The minimum clearance from the floor to the light fixture shall be at least 188 centimeters (76 inches) or the fixture shall be installed out of the traffic aisle or work area.
F. High voltage (110v-120v) electrical wiring shall be properly installed in electrical conduit with all splices or connections being made within junction, outlet, or switch as to prevent the use of extension cords exceeding 183 centimeters (six feet).
Outside electrical connection receptacles shall be of weatherproof design with cover.
G. Attached, firmly anchored seats with backrests, equipped with seat belts, shall be provided for all occupants. If a jump seat in the aisle way is utilized, it shall fold in a manner that will clear the aisle way when not in use and be held with a self-latching mechanism. Seats and backrests shall be at least 35-5/10 centimeters by 35-5/10 centimeters (14 inches by 14 inches) in size. All occupants shall be seated, shall wear seat belts, and shall not cook or prepare food while the unit is in motion. Signs setting forth the latter three requirements shall be posted in both English and Spanish.
H. A first-aid kit approved by the Health Officer shall be provided and located in a convenient area in an enclosed case.
I. All pressure cylinders shall be securely fastened to a rigid structure of the unit. All liquefied petroleum gas (LPG) equipment shall be installed as follows:
1. The LP gas tanks and relief valves shall be American Society of Mechanical Engineers (ASME)- approved for intended use;
2. Tanks shall be securely fastened and located where they will normally not be subject to damage. They may be in a body compartment or underneath the body. The tank or fittings must not protrude beyond the body;
3. Tanks and regulators shall be separated from any open flame by a vapor- tight partition;
4. When tanks are installed in a body compartment, the partitions shall be sealed off from the rest of the body with no openings to the interior except for the tubing. The following additional requirements shall be met:
a. All tank valves and fittings shall be readily accessible from outside the unit.
b. The tank safety relief valve shall be vented to the outside and directed downward.
c. The filling shall be done through an outside door to the compartment. 532
GGMC 3 Food Truck Regs.
d. The compartment shall be vented to the exterior of the unit so as to prevent accumulation of gas.
5. Tubing that passes through partitions shall be protected by grommets made of rubber or other approved materials.
6. Tubing exposed to friction shall be protected against chafing.
7. Expansion and contraction bends shall be made in the tubing between the tank and appliance.
8. ASME-approved LP gas tubing or standard weight pipe shall be used throughout.
9. Protective thread caps shall be installed on fill-line check valves.
10. Every appliance fueled by LP gas shall be equipped with a pilot light attachment and provided with an ASME-approved device that will automatically shut off all gas to the appliance if the pilot light should be extinguished.
J. A minimum five B.C.-rated portable fire extinguisher [UL (Underwriters Laboratories) or State Fire Marshal approved design] shall be installed in plain sight and within easy reach immediately inside the front driver's door. The extinguisher shall be replaced or recharged after each use.
§ 6.16.080 Additional Requirements for Mobile Food Facilities Operating in Multiple Locations in Any Day.
In addition to the requirements specified in Section 6.16.070, mobile food facilities that operate at more than one location in any calendar day shall comply with the following additional requirements:
A. Coffee urns shall be installed in a compartment that will prevent excessive spillage of coffee in the interior of the unit in the event of a sudden stop, collision, or overturn, or, as an alternative to this requirement, coffee urns shall be equipped with positive closing lids as well as perforated metal protective sleeves on the glass liquid level sight gauges.
B. Deep fryers are prohibited, unless equipped with positive closing lids to contain the fat and to prevent splashing or excessive spillage in transit or in the event of a sudden stop, collision, or overturn of the unit. Such lids shall be designed and constructed so as to prevent pressure buildup that could result in an explosion. All lids shall be kept positively closed while the unit is in motion. Signs setting forth the latter requirements shall be posted in both English and Spanish.
C. Water bath or steam food insert tables shall be provided with baffles to prevent surging in transit. All such tables, as well as dry heat units, with insert food containers or similar equipment that contains hot liquids or hot foods, shall have positive closing lids to contain all such liquids or food and to prevent splashing or 533
GGMC 4 Food Truck Regs.
spillage in transit or in the event of a sudden stop, collision, or overturn of the unit.
Such lids shall be designed and constructed so as to prevent pressure buildup that could result in an explosion. All lids shall be positively closed while the unit is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish.
D. An alternative means of exit in the side opposite the main exit door, or the roof, or the rear of the unit, with unobstructed passage of 61 centimeters by 92 centimeters (24 inches by 36 inches) minimum to the outside, shall be provided. The interior latching mechanism shall be labeled "Safety Exit" in contrasting colors with at least 2-54/100 centimeter (one-inch) high letters.
§ 9.04.060.C (Definitions)
"Food truck" see "Vehicular vending."
"Vehicular vending" means the preparation, display, and/or sale of food and/or beverages from a vehicle that is self-propelled and operated in compliance with any applicable public health laws. Also known as "food truck." § 9.08.020.070 Outdoor Sales of Goods and Merchandise. (R1 Zones) A. Vehicular Vending.
1. Goods, food or merchandise may be sold or offered for sale from any vehicle that is parked, stopped or standing upon commercially or industrially zoned properties, or on any site where construction is occurring.
2. It is unlawful for any person to sell or offer for sale any goods, food or merchandise from any vehicle that is either parked, stopped or standing upon:
a. Any public street, alley, parkway, sidewalk or other public property; or
b. Any property zoned or used for residential purposes, except where construction is occurring; or
c. Any property zoned or used for public or private schools; or d. Any property zoned or used for parks.
§ 9.12.020.070 Outdoor Sales of Goods and Merchandise. (R2 & R3 Zones) A. Vehicular Vending.
1. Goods, food or merchandise may be sold or offered for sale from any vehicle that is parked, stopped or standing upon commercially or industrially zoned properties, or on any site where construction is occurring.
2. It is unlawful for any person to sell or offer for sale any goods, food or merchandise from any vehicle that is either parked, stopped or standing upon:
534
GGMC 5 Food Truck Regs.
a. Any public street, alley, parkway, sidewalk or other public property; or
b. Any property zoned or used for residential purposes, except where construction is occurring; or
c. Any property zoned or used for public or private schools; or d. Any property zoned or used for parks.
§ 9.16.020.090 Outdoor Sales of Goods and Merchandise. (Comm’l, OP, Industrial, OS Zones)
A. Vehicular Vending.
1. Goods, food or merchandise may be sold or offered for sale from any vehicle that is parked, stopped or standing upon commercially or industrially zoned properties, or on any site where construction is occurring.
2. It is unlawful for any person to sell or offer for sale any goods, food or merchandise from any vehicle that is either parked, stopped or standing upon:
a. Any public street, alley, parkway, sidewalk or other public property; or
b. Any property zoned or used for residential purposes, except where construction is occurring; or
c. Any property zoned or used for public or private schools; or d. Any property zoned or used for parks.
Section 9.18.070 Outdoor Sales of Goods and Merchandise (Mixed Use Zones)
§ 9.18.070.020 Vehicular Vending (Food Truck).
The preparation, sale, display, and consumption of food and/or beverages may occur from any vehicle that is parked, stopped, or standing upon any property where such is permitted as an incidental or permanent use, as set forth in Table 9.18-1 (Use Regulations for the Mixed Use Zones). Incidental and/or permanent vehicular vending, where permitted shall be subject to the following conditions. Vehicular vending within the CC-1 zone shall also be subject to additional regulations pursuant to Section 9.18.090.040.H.
A. Location. The food truck shall be located on a developed site. The owner(s) of the property shall provide written permission to use the site. It is unlawful for any person to sell or offer for sale any goods, food or merchandise from any vehicle that is either parked, stopped or standing upon any public street, alley, parkway, or sidewalk.
535
GGMC 6 Food Truck Regs.
B. Interference. The food truck shall not interfere with or create hazards for vehicular or pedestrian access, aisles, circulation, driveways, or fire hydrants.
C. Hours of Operation. Hours of operation at an approved location shall be no earlier than 7:00 a.m. and no later than 10:00 p.m., and the vehicle shall be moved each night.
D. Lighting. The food truck shall have adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.
E. Business License. Food truck owner/operator shall obtain, display, and keep a current City of Garden Grove business license.
F. Litter. The licensed operator shall be responsible for controlling all litter that may be generated due to the operation.
§ 9.18.090.040 Additional Regulations Specific to the CC-1 Zone.
H. Nonvehicular and Vehicular Vending. Both nonvehicular kiosks and vehicular vending may include, without limitation, converted camper trailers, nostalgic vans, and food trucks, and may be temporarily or permanently installed/parked both on site and off site. In addition to meeting the requirements of Sections 9.18.070.010 and 9.18.070.020, both nonvehicular and vehicular vending shall comply with the following standards:
1. The design, materials, and colors are to be well crafted and considerate of the immediate surroundings of the proposed installation.
2. The size of a nonvehicular vending kiosk located within the CC-1 zone may exceed 36 square feet provided that the size of the kiosk is appropriate in scale and massing for the location it is intended for. In no case shall the kiosk be larger than 100 square feet.
3. Graphics and signs shall be appropriate to the size and design of the cart/trailer/kiosk and shall not cause light or glare on adjacent streets and residentially developed properties. Typical sign area approved is up to six square feet, not including menu boards, which are typically temporary and/or not permanently affixed to the kiosk.
4. Kiosks may not be placed in any required parking space, driving aisle, or walkway. If installed/parked within the public right-of-way, the kiosk/vehicle shall be appropriately separated and buffered from adjacent vehicular traffic through the use of low fencing, planters, or similar barrier. Any street parking that is lost due to the installation of a vending structure shall be replaced elsewhere within the CC-1 zone either within the public right-of-way or within a joint-use parking lot.
536
GGMC 7 Food Truck Regs.
5. Wheels located under the cart/trailers/kiosks are preferred (such as casters) and shall be permanently inflated. Projecting wheels must have fenders.
6. Hitches attached to the cart/trailer/kiosk must be removable and detached during operation hours.
7. The use of propane tanks may be permitted subject to the City's Fire Department and Building Division review and approval. Propane tanks must be attached to (or within) the kiosk and the kiosk must allow for adequate ventilation and screening.
8. The location, design, and layout of both nonvehicular and vehicular vending structures shall be subject to the review and approval of the Community Development Director or designee. All vending structures located within the public right-of-way shall meet all requirements of the Public Works Department for encroachments into the public right-of-way and shall be subject to the review and approval of the Public Works Director.
9. No external power, piping or plumbing is allowed. All vending structures shall be self-contained.
537
Item 204/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Omar Sandoval
Dept:
City Manager Dept: City Attorney
Date: 8/25/2026
Subject: Discussion and consideration of a draft ordinance prohibiting smoking in City parks as requested by Council Member Muneton.
OBJECTIVE
For the City Council to discuss and consider a draft ordinance prohibiting smoking in City parks.
BACKGROUND
On January 27, 2026, the City Council discussed and considered introducing an ordinance prohibiting smoking in City parks. The City Council continued consideration of the matter for six months, to the second meeting in July, which was cancelled while staff prepared the Council chambers for compliance with the remote participation requirements of SB 707. A draft ordinance is now presented for Council discussion and consideration.
DISCUSSION
Parks play a vital role in promoting physical exercise, outdoor activities, and the overall well- being of park visitors. They offer spaces for people to connect with nature, reduce stress, relax mentally, and serve as community gathering places fostering social interactions and a sense of belonging.
Despite the strong smokefree laws in California, park visitors still face health risks from exposure to secondhand smoke. According to the Centers for Disease Control and Prevention (“CDC”), there is no risk -free level of exposure to secondhand smoke, and even brief exposures can lead to serious health issues and death. The CDC estimates that secondhand smoke is responsible for approximately 41,000 deaths among nonsmokers each year, including deaths from lung cancer and heart disease. Additionally, smoking-related litter and discarded ciga rette butts can impact the cleanliness and maintenance of parks, posing environmental hazards and additional upkeep costs.
While California State law prohibits smoking within 25 feet of playgrounds or tot lot sandbox areas and within 20 feet from public b uilding doors, it also allows cities to enact complete 538
Item 204/2026
bans or regulations on smoking. The City currently has no regulations addressing smoking in parks other than a park rule implementing the State law mentioned above. To date, over 400 California jurisdictions have adopted additional laws that further restrict smoking in outdoor recreation areas.
At the request of Councilmember Muñet on in 2025 , the City Council authorized the City Attorney to prepare an ordinance to prohibit smoking in City parks, not j ust around playground areas. A proposed Ordinance was presented on January 27, 2026, to prohibit smoking within all designated areas in City parks, subject to the posting of “no smoking” signs.
The draft ordinance with minor revisions from the version presented in January, attached to this report, defines “smoking” as the release of gases, particles, or vapors into the air as the result of combustion, electrical ignition, or vaporization and/or inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product, including but not limited to tobacco, cannabis, or other combustible substance in any form, intended for human inhalation . This also includes smoking from any electronic or battery -operated device used to deliver nicotine or other substances, such as electronic cigarettes (e-cigarettes), vapes, or vape pens.
The draft ordinance would prohibit smoking within City parks, and a 50-foot perimeter around parks, including parking lots. However, the proposed ordinance does not apply to smoking on private property if a park perimeter encroaches on it or on paved public sidewalks bordering the park or any public street and sidewalk within the City. Furthermore, the draft ordinance would also prohibit the disposal of any smoking waste, such as any tobacco, cannabis, or other smoking product or instrument including, but not limited to, cigarettes or cigars, or any part of a cigarette or cigar, or matches, electronic smoking device, any other combustible substance, in any place where smoking is prohibited.
It should be noted that places where smoking is prohibited under State and Federal law would still apply.
Violation of the ordinance would be deemed an infraction and subject to administrative citations pursuant to the Garden Grove Municipal Code . Infractions and administrative citations are subject to the following penalties:
• $100.00 fine for the first violation,
• $200.00 fine for the second violation within a 12-month period, and
• $500.00 fine for a third or more violations within a 12-month period.
FINANCIAL IMPACT
There is no financial impact in the adoption of this ordinance.
539
Item 204/2026
RECOMMENDATION
It is recommended that the City Council:
Discuss and consider the draft ordinance prohibiting smoking at City parks and provide direction to staff on any revisions or other considerations.
ATTACHMENT(S)
1. Ordinance
2. Draft Ordinance
540
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN
GROVE ADDING SECTION 8.40.035 TO CHAPTER 8.40 OF TITLE 8 OF
THE GARDEN GROVE MUNICIPAL CODE TO PROHIBIT SMOKING IN
CITY PARKS.
WHEREAS , parks provide one of the few affordable entertainment options for individuals and families; and
WHEREAS, tobacco use causes death and disease and impose great social and economic costs; and
WHEREAS, exposure to secondhand smoke and other chemical vapors anywhere has negative health impacts, and exposure to secondhand smoke can occur at significant levels outdoors; and
WHEREAS , comprehensive smoke free laws have proven to be the only effective way of eliminating secondhand smoke exposure; and
WHEREAS , California Health and Safety Code Section 104495, prohibits smoking within a certain distance of playgrounds, tot lot sandbox areas, youth sporting events, and authori zes cities to enact smoking bans that are more restrictive related to smoking around playgrounds, tot lot sandbox areas, and youth sporting events; and
WHEREAS , California Health and Safety Code Section 118880 declares that tobacco smoke is a hazard to the health of the general public; and
WHEREAS , California Health and Safety Code Section 118910 states that local governing bodies may completely ban the smoking of tobacco or may regulate smoking in any matter not inconsistent with state law; and
WHEREAS, tobacco litter and matches dropped in parks are particularly dangerous to young children who step on them or ingest them, sometimes while they are still hot, and creates additional work for maintenance staff; and
WHEREAS, tobacco products are, in addition, poisonous to wildlife which inhabit or visit the parks and are generally detrimental to the environment; and
WHEREAS, eliminating smoking in parks will ensure that nonsmokers may breathe air free from the hazardous effects of secondhand smoke, will pro tect the public’s health, comfort and welfare and promote a healthier environment .
NOW THEREFORE , the City Council of the City of Garden Grove hereby ordains as follows:
SECTION 1. The City Council finds that the above recitals are true and correct. 541
Ordinance No.
2 SECTION 2. Section 8.40.035 is hereby added to Chapter 8.40 of Title 8 of the Garden Grove Municipal Code to read as follows:
§ 8.40.035 Smoking prohibited in City parks.
A. Purpose and Findings. The City Council finds that smoking of tobacco, or any other weed, plant, or substance is a danger to health and a material annoyance, inconvenience, discomfort and a health hazard to those present in confined and unconfined spaces, and in order to serve the public health, safety, a nd welfare, the declared purpose of this section is to prohibit the smoking of tobacco products, or any other weed, plant, or other substances within the boundaries of any public park.
B. Definitions. As used in this section , the following terms, words and phrases have the meanings as defined in this section, unless another meaning is clearly apparent from the context:
City means the City of Garden Grove.
Cannabis has the meaning set forth in California Business Professions Code Section 26001, as that section may be amended from time to time.
Electronic Smoking Device means an electronic and/or battery -operated device that can be used to deliver an inhaled dose of nicotine, or any other substance, including any component, part, or accessory of such a device, whether or not sold separately. Electronic Smoking Device includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigar ette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
Park means any public property, whether developed or undeveloped, held out by the city or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas of any adjacent parking lots.
Smoke means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when t he apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco, nicotine, marijuana, cannabis, cocaine, or heroin and the pur pose of inhalation is solely olfactory, such as, for example, smoke from incense . The term Smoke includes, but is not limited to tobacco smoke, electronic smoking device vapors, marijuana or cannabis smoke, crack cocaine or heroin smoke.
542
Ordinance No.
3 Smoking means the release of gases, particles, or vapors into the air as the result of combustion, electrical ignition, or vaporization and/or inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device , or any plant product, including but not limited to tobacco and cannabis , intended for human inhalation.
(c) Smoking Prohibited. Smoking is prohibited and is unlawful within all areas posted as a no smoking area by the city by signs conspicuously posted at or near the primary entrance(s) to a public place or area where smoking is prohibited, including, but not limited to:
(1) within any park, including its parking lots.
(2) Within fifty (50) feet of any park perimeter, provided that if any such perimeter encroaches on private property, this prohibition shall not apply to the private property. This prohibition shall also not apply to any paved public sidewalk immediately abutting the boundary of the park or to persons and vehicles travelling along the public streets and sidewalks.
(d) Disposal of Smoking W aste. No person shall dispose of any tobacco or cannabis product or instrument including, but not limited to, cigarettes or cigars, or any part of a cigarette or cigar , or matches, electronic smoking device, any other combustible substance, in any place where smoking is prohibited under this section.
(e) Infraction. A violation of this section is punishable as an infraction.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, and portion thereof irrespective of the fact that any one or more portions may be declared invalid or unconstitutional.
Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause a certified copy of this Ordinance to be published or posted within fifteen (15) days after this Ordinance is passed and adopted, as required by law.
543
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GARDEN GROVE
ORDEN DEL DIA
Ayuntamiento de Garden Grove
Martes, 25 de agosto de 2026
18:30
Centro de Reuniones Comunitarias
11300 Stanford Avenue
Garden Grove, California 92840
Stephanie Klopfenstein
Alcaldesa
George S. Brietigam
Alcalde en funciones -
Distrito 1
Phillip Nguyen
Concejal - Distrito 2
Cindy Tran
Concejala - Distrito 3
Joe DoVinh
Concejal - Distrito 4
Yesenia Muneton
Concejala - Distrito 5
Ariana Arestegui
Concejala - Distrito 6
Asistencia en las reuniones: Cualquier persona que, debido a una discapacidad, necesite ayuda y servicios auxiliares para dirigirse al Ayuntamiento, debera ponerse en contacto con la Oficina del Secretario Municipal 72 horas antes de la reunion para concertar las adaptaciones necesarias. Telefono:
(714) 741-5040.
Descripciones de los puntos del orden del dfa: Su finalidad es ofrecer una descripcion breve y general del punto. El Ayuntamiento podra adoptar las medidas legislativas que considere oportunas con respecto al punto y no se limita a la medida recomendada indicada en los informes del personal o en el orden del dfa.
Documentos/textos: Cualquier documento o texto revisado o adicional relacionado con un punto del orden del dfa que se distribuya a todos o a la mayorfa de las concejales en las 72 horas previas a una sesion se pone a disposicion del publico para su consulta al mismo tiempo (1) en la Oficina del Secretario Municipal, situada en 11222 Acacia Parkway, Garden Grove, CA 92840, durante el horario laboral habitual; (2) en la pagina web del Ayuntamiento, coma archive adjunto al orden del dfa de la sesion del Consejo Municipal; y (3) en la sala del Consejo en el momenta de la sesion.
Comentarios del publico:
Los comentarios generales se realizan durante el apartado «Comunicaciones orales» y deben limitarse a los asuntos que se esten debatiendo y/o a aquellos sabre los que el Ayuntamiento tenga competencia.
Las personas que deseen dirigirse al Ayuntamiento en relacion con un asunto de unc1 audiencia publica tendran la oportunidad de hacerlo en el memento en que se debata dicho asunto. El secretario municipal anunciara las instrucciones de participacion para los perfodos designados de comentarios publicos.
En persona
Se ruega a los ciudadanos que asistan a la sesion en persona y deseen dirigirse al Ayuntamiento que rellenen una tarjeta de intervencion de color rosa indicando su nombre y direccion, y especificando el tema que desean tratar. Dicha tarjeta debera entregarse al secretario municipal antes de que comience la sesion.
A distancia
Los ciudadanos pueden participar a distancia y dirigirse al Ayuntamiento a traves de un seminario web de Zoom o par telefono. Para unirse a traves de Zoom, hag a clic en el en lace o peguelo en su navegador de Internet: https://gg.city/council-meeting. Puede solicitar la palabra levantando virtualmente la mane en Zoom y activando el microfono cuando sea su turno para intervenir. Para participar por telefono, marque el (669) 900-6833 e introduzca el ID de la reunion 820 6630 0665#. Puede solicitar la palabra marcando *9 desde su telefono. Debe marcar *6 para activar el microfono cuando sea su turno para intervenir.
Cualquier persona que solicite servicios de interpretacion para recibir asistencia durante las comunicaciones orales y/o una audiencia publica debera ponerse en contacto con la Oficina del Secretario Municipal 72 horas antes de la reunion. Telefono: (714) 741-5040. El Ayuntamiento hara todo lo posible par atender la solicitud. A las oradores que cuenten con interpretes se les concedera el doble del tiempo de intervencion asignado.
Forma de dirigirse al Ayuntamiento: Una vez que el alcalde le haya dado la palabra, puede acercarse al estrado; se le ruega que diga su nombre para que conste en acta y proceda a dirigirse al Ayuntamiento. A las oradores que participen a distancia se les pide que digan su nombre para que conste en acta e indiquen el tema que desean tratar. Todas las intervenciones y preguntas deben dirigirse al Ayuntamiento en su conjunto y no a concejales concretes ni a miembros del personal. El alcalde llamara al orden a cualquier persona que realice comentarios impertinentes, difamatorios u obscenos, o que se muestre alborotador mientras se dirige al Ayuntamiento. Si dicha conducta persiste, el alcalde podra ordenar que se impida a dicha persona seguir interviniendo ante el Ayuntamiento durante esa sesion.
Lfmite de tiempo: Cuando un grupo de personas desee dirigirse al Ayuntamiento sabre el mismo tema, el alcalde podra solicitar que se elija a un portavoz que represente al grupo, con el fin de evitar repeticiones innecesarias. A discrecion del Ayuntamiento, se podra establecer un If mite en la duracion total de las comentarios publicos durante el turno de «Comunicaciones orales» y/o un lfmite adicional en el tiempo asignado a cada orador durante dicho turno.
Para obtener mas informacion sabre la participacion en las sesiones, visite: https://ggcity.org/city cou ncil/meetings-partici pation.
POR FAVOR, SILENCIEN SUS TELEFONOS MOVILES DURANTE LA REUNION.
ORDEN DEL DIA
LISTA DE ASISTENCIA: CONCEJAL NGUYEN, CONCEJAL TRAN, CONCEJAL DOVINH, CONCEJAL
MUNETON, CONCEJAL ARESTEGUI, ALCALDE EN FUNCIONES BRIETIGAM,
ALCALDE KLOPFENSTEIN
ORACION INAUGURAL
JURAMENTO DE LEALTAD A LA BANDERA DE LOS ESTADOS UNIDOS DE 8MERICA
PRESENTACIONES
1. Actualizacion sabre el incidente con materiales peligrosos. [Punta 361/2026]
COMUNICACIONES ORALES (QUE SE CELEBRARP.N SIMULTANEAMENTE CON
OTROS ORGANOS LEGISLATIVOS)
Pagina 2 de 5
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'
GARDEN GROVE
CHU'O'NG TRINH HQP
H9i dong Thanh pho Garden Grove
Thu' Ba, ngay 25 Thang Tam, 2026
6:30 chieu
Trung tam H9p c9ng dong
11300 Stanford Avenue
Garden Grove, California 92840
Stephanie Klopfenstein
Thi trliang
George S. Brietigam
Pho Thi truang - flja het 1
Phillip Nguyen
Ngh[ vien Thanh pho -
flia hat 2
Cindy Tran
Ngh[ vien Thanh pho -
fl!a het 3
Joe DoVinh
Ngh[ vien Thanh pho -
flia hat 4
Yesenia Muneton
Nghj vien Thanh pho -
fl[a het s
Ariana Arestegui
Nghj vien Thanh pho -
fl!a het 6
H6 trd tham di.I' cu6c hop: Bat ky ai can cac thiet bi va dich Vi,J ho trQ' do khuyet t�t de phat bieu tnfoc H9i dong Thanh pho, vui long lien li;!C voi Van phong Thu' ky Thanh pho it nhat 72 gio tru'oc cuoc hop de sap xep cac dieu kien ho trQ'. So dien thoi;li: (714) 741-5040.
Mo ta cac muc trong chl.l'dnq trinh hop: Mi,JC dich la cung cap mo ta ngan gon, tong quat ve tu'ng ml,JC. H9i dong Thanh pho c6 the thlfc hien cac hanh d9ng l?P phap du'Q'c coi la phu hQ'p doi voi tu'ng m1,Jc va khong bi gioi han boi hanh dong du'Q'c de xuat trong bao cao cua nhan vien ho�c chu'dng trinh hop.
Tai lieu/Van ban: Bat ky tai lieu/van ban su'a doi ho�c bo sung nao lien quan den mot n9i dung trong chu'dng trinh hop du'Q'c phan phat cha tat ca ho�c da so cac thanh vien Hoi dong trong vong 72 gio tru'oc cuoc hop, se du'Q'c cung cap de cong chung tra cuu cung thoi diem (1) ti;li Van phong Thu' ky Thanh pho, dia chi 11222 Acacia Parkway, Garden Grove, CA 92840, trong gio lam viec binh thu'ong; (2) tren trang web cua Thanh pho du'oi di;!ng attachment dinh kem tron� chu'dng trinh nghi slf cuoc hop Hoi dong Thanh pho; va (3) ti;li Phong hop H9i dong vao thoi diem dien ra cu9c hop.
Y kien c6ng chung:
Cac y kien chung du'Q'c trinh bay trong phan "Phat bieu tu' Cong chung" (Oral Communications) va nen gioi hi;ln trong phi;!m vi cac van de dang du'Q'c xem xet va/ho�c nhG'ng van de thuoc tham quyen cua Hoi dong Thanh pho (City Council). NhG'ng ngu'oi muon phat bieu tru'oc Hoi dong Thanh pho ve mot van de trong Phien Oieu tran Cong khai (Public Hearing) se c6 cd hoi phat bieu vao thoi diem van de d6 du'Q'c du'a ra xem xet. Thu' ky Thanh pho se thong bao cac hu'ong dan tham gia trong nhG'ng khoang thoi gian du'Q'c danh rieng cho phan nh?n y kien cong chung.
Tham di/ trl,l'c tiep:
Cac thanh vien cong chung tham dlf cuoc hop trlfc tiep va muon phat bieu tru'oc H9i dong Thanh pho du'Q'c yeu cau dien vao the phat bieu mau hong, ghi r5 ten va dia chi cua minh, dong thoi neu r5 chu de ma ho muon de C?P• The nay can du'Q'c nop cho Thu' ky Thanh pho tru'oc khi cu9c hop bat dau.
Tham di.I' Tu' xa
Cong dan c6 the tham gia tu' xa va phat bieu tru'oc H9i dong Thanh pho qua Zoom Webinar ho�c dien thoi;li. f)e tham gia qua Zoom, hay nhap vao lien ket ho�c dan lien ket vao trinh du yet web cua bi;ln:
https://gg.city/council-meeting. Quy vi c6 the yeu cau phat bieu bang each gid tay ao tren Zoom va tat che do im l�ng khi den lu'Q't minh phat bieu. Oe tham gia qua dien thoi;li, hay quay so (669) 900- 6833 va nh?P Ma cu9c hop 820 6630 0665#. Quy vi c6 the yeu cau phat bieu bang each barn *9 tren dien thoi;li. Quy vi phai barn *6 de tat che d9 im l�ng khi den lu'Q't minh phat bieu.
Bat ky ai c6 nhu cau su' d1,mg dich Vi,J phien dich de ho' trQ' trong phan Phat bieu va/hoac Phien dieu tran cong khai, vui long lien he voi Van phong Thu' ky Thanh pho tru'oc 72 gio so voi thoi gian dien ra cuoc hop. So dien thoi;li: (714) 741-5040. Thanh pho se no ILfc hQ'p ly de dap ung yeu cau nay. Ngu'oi phat bieu c6 phien dich vien du'Q'c phep su' d1,Jng thoi gian phat bieu gap doi so voi thoi gian quy dinh.
Cach thU'c phat bieu trl.l'oc H6i dong Thanh pho: Sau khi du'Q'c Thi tru'ong goi ten, quy vi c6 the tien len bi,Jc phat bieu; xin vui long neu ten cua minh de ghi vao bien ban, sau d6 phat bieu tru'oc Hoi dong Thanh pho. NhG'ng ngu'oi phat bieu tu' xa du'Q'c yeu cau neu ten de ghi vao bien ban va neu r5 chu de ma quy vi muon de C?P- Tat ca cac y kien va cau hoi phai du'c;lc hu'ong den Hoi dong Thanh pho n6i chung, chu khong phai ca nhan cac thanh vien Hoi dong ho�c nhan vien. Bat ky ai c6 phat ngon thieu ton trong, vu khong ho�c tho t1,Jc, ho�c gay on ao khi phat bieu tru'oc Hoi dong Thanh pho se bi Thi tru'ong yeu cau giG' tr?t tl/. Neu hanh vi d6 tiep dien, Thi tru'ong c6 the ra lenh cam ngu'oi d6 phat bieu tru'oc Hoi dong Thanh pho trong phan con li;!i cua phien hop d6.
Gioi han thoi gian: Khi mot nh6m ngu'oi muon phat bieu tru'oc Hoi dong Thanh pho ve cung mot van de, Thi tru'ong c6 the yeu cau chon mot ngu'oi phat ngon di;li dien cho nh6m, nham tranh SL/ l�p li;!i khong can thiet. Theo quyet dinh cua H9i dong Thanh pho, c6 the d�t ra gioi hi;ln ve tong thoi gian danh cho y kien cong chung trong phan "Phat bieu trlfc tiep" va/ho�c gioi hi;ln them ve thoi gian du'Q'c phan bo cho tung ngu'oi phat bieu trong phan nay.
f)e biet them thong tin ve viec tham gia cuoc hop, vui long truy C?p: https://qqcity.orq/city council/meetings-participation.
VUI LONG E>E E>I�N THO�I DI E>QNG O CHE E>Q IM L�NG TRONG SUC>T CUQC HQP.
CHUONG TRINH HQP
KIEM TRA DANH sACH THAM DI/: NGHI VIEN THANH PHO NGUYEN, NGHJ VIEN THANH PHO TRAN,
NGHI VIEN THANH PHO DOVINH, NGHI VIEN THANH PHO MUNETON, NGHI VIEN THANH PHO ARESTEGUI, PHO THi TRLfONG BRIETIGAM, THI TRLfONG
KLOPFENSTEIN
LOI CAU NGUYEN
LOI TUYEN THE TRUNG THANH VOI LA co CUA HOP CHUNG ouoc HOA KY cAc Buor TRINH BAY
1. qp nh�t ve SL/ co lien quan den v1,1 ro ri h6a chat nguy hiem. {M1,1c 361/2026)
Y KIEN PHAT BIEU BANG LOI N6r CSE olfoc TO CHI.Jc DONG THOI var cAc co QUAN LAP PHAP KHAC)
NGHI GIAI LAO
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