EXHIBIT C
PROPOSAL ACKNOWLEDGEMENT FORM
The Proposer hereby acknowledges receipt of addenda number(s) _________________, if any.
By signing below, the Proposer agrees to all terms and conditions in this RFP, except where expressly described in the Proposer’s Services Proposal.
Original Signature by Authorized
Officer/Agent
Vendor’s Tax ID Number (FEIN)
Type/Print Name of Signatory Company Name
Title Phone Number
Consultant Mailing Address Fax Number
Form of Business (mark one of the
following):
☐Sole Proprietor/Individual
☐Partnership
☐Corporation
☐Limited Liability Company (LLC)
Website Address
E-mail Address
If a corporation, the State where it is
incorporated: __________________
TYR, Inc.
President
Youssef Sobhi
657-329-0014
657-329-0064
www.tyrior.com
[email protected]
18672 Florida St., Suite 302-D, Huntington Beach, CA 92648 "S" Corporation in Huntington Beach, CA
(Same as Mailing Address)
2 14-1880444
11. FEE PROPOSAL
18672 Florida Street, Suite 302-D ● Huntington Beach, CA 92648 ● Phone: (949) 524-3020 ● Fax: (949) 524-3058 ● www.tyrior.com
11. FEE PROPOSAL
Client Name:
Project Name:
DSA Class:
Project Timeline:
City of Stanton
Norm Ross Sports Park (DSA No. 04-122869)
Class 1
June 1, 2026 – April 13, 2027
The following estimates are based on the duration of 220 working days at an hourly rate of *$120/hour on the basis of 6 hours a day as per City Request.
Project Name Working Days Working Hours Project Estimates Norm Ross Sports Park
(DSA No. 04-122869)
*220 Working Days *1,320 Hours *$158,400
*This cost estimate applies to DSA Project No. 04-122869. Please note that schedule and estimated start and end were not provided at the time of solution. Any changes or modifications to the project information provided at the time of proposal submission - including alterations to the project scope, timeline, inspector classification, or inspectors needed - may result in a price adjustment. Please note at the time of submittal a schedule was not provided. This cost estimate is based on day shift rates and excludes any overtime, off-hours, and legal holidays. Hourly rates are subject to annual increases. The estimate is based on one Inspector of Record (IOR). Should an assistant inspector be required, the associated cost will be adjusted based on the duration of services needed. The cost estimated above is for DSA Onsite inspection services only.
Billing Practices:
TYR’s billing practice consists of monthly invoices based on the hours of inspection services provided throughout that month at the hourly rate provided.
Overtime Rates:
Monday-Friday are billed at the regular rate. Any work conducted on Weekends, Holidays, and over 8 hours per day are billed at 1.5x of any given hourly rate.
Minimum Number of Hours:
4-hour minimum per visit for 1-4 hours of inspection.
Please Note:
The start/end times logged on to the inspector timecard may not reflect the actual duration spent on site. The billing time encompasses various components, including but not limited to on-site travel time, organization with project teams, coordination of TLOR services, preparation of daily and semi-monthly reports, etc. That is in addition to other administrative and inspection related duties outlined in IRA-8. 55414.00000\32996936.2
B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
7. PROPOSE TIME & DURATION
18672 Florida Street, Suite 302-D ● Huntington Beach, CA 92648 ● Phone: (949) 524-3020 ● Fax: (949) 524-3058 ● www.tyrior.com
7. PROPOSE TIME AND DURATION
Client Name:
Project Name:
DSA Class:
Project Timeline:
City of Stanton
Norm Ross Sports Park (DSA No. 04-122869)
Class 1
June 1, 2026 – April 13, 2027
(Based on the request of the RFP for 220 working days)
The following estimates are based on the anticipated construction duration of 220 working days as stated in the RFP based on 6 hours a day. TYR, Inc. is open to working with the City to revise the proposal if the requested working days shift or change.
Project Name Working Days Working Hours
*220 Working Days *1,320 Hours
Scope of Service
Our firm provides a comprehensive range of inspection services focused on proactive field presence, precise documentation, and effective coordination with all project stakeholders. Our goal is to ensure each project is delivered with full compliance, minimal delays, and adherence to the approved schedule and budget.
Their responsibilities include, but are not limited to the following listed:
• Daily Inspection and Reports
• Complete Project Filing and As-Built Documentation
• Oversight of Special Inspections and Materials Testing • Project Communication and Coordination
• Meeting Participation and Reporting
• Review of Contractor Records and Monthly Payment Applications • Close-Out and Final Verified Report
Norm Ross Sports Park
(DSA No. 04-122869)
55414.00000\32996936.2
C-1
EXHIBIT “C”
COMPENSATION
11. FEE PROPOSAL
18672 Florida Street, Suite 302-D ● Huntington Beach, CA 92648 ● Phone: (949) 524-3020 ● Fax: (949) 524-3058 ● www.tyrior.com
11. FEE PROPOSAL
Client Name:
Project Name:
DSA Class:
Project Timeline:
City of Stanton
Norm Ross Sports Park (DSA No. 04-122869)
Class 1
June 1, 2026 – April 13, 2027
The following estimates are based on the duration of 220 working days at an hourly rate of *$120/hour on the basis of 6 hours a day as per City Request.
Project Name Working Days Working Hours Project Estimates Norm Ross Sports Park
(DSA No. 04-122869)
*220 Working Days *1,320 Hours *$158,400
*This cost estimate applies to DSA Project No. 04-122869. Please note that schedule and estimated start and end were not provided at the time of solution. Any changes or modifications to the project information provided at the time of proposal submission - including alterations to the project scope, timeline, inspector classification, or inspectors needed - may result in a price adjustment. Please note at the time of submittal a schedule was not provided. This cost estimate is based on day shift rates and excludes any overtime, off-hours, and legal holidays. Hourly rates are subject to annual increases. The estimate is based on one Inspector of Record (IOR). Should an assistant inspector be required, the associated cost will be adjusted based on the duration of services needed. The cost estimated above is for DSA Onsite inspection services only.
Billing Practices:
TYR’s billing practice consists of monthly invoices based on the hours of inspection services provided throughout that month at the hourly rate provided.
Overtime Rates:
Monday-Friday are billed at the regular rate. Any work conducted on Weekends, Holidays, and over 8 hours per day are billed at 1.5x of any given hourly rate.
Minimum Number of Hours:
4-hour minimum per visit for 1-4 hours of inspection.
Please Note:
The start/end times logged on to the inspector timecard may not reflect the actual duration spent on site. The billing time encompasses various components, including but not limited to on-site travel time, organization with project teams, coordination of TLOR services, preparation of daily and semi-monthly reports, etc. That is in addition to other administrative and inspection related duties outlined in IRA-8.
CITY OF STANTON
PROFESSIONAL SERVICES AGREEMENT
FOR
MATERIAL TESTING SERVICES FOR THE NORM ROSS SPORTS PARK
IMPROVEMENT PROJECT
1. PARTIES AND DATE.
This Agreement is made and entered into this day of , 20___, by and between the City of Stanton, a municipal organization organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, California 90680 (“City”) and AMERICAN ENGINEERING LABORATORIES, Inc. a CORPORATION, with its principal place of business at 205 W. La Habra Blvd. La Habra, CA 90631 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of professional Material Testing consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Material Testing consulting services to public clients, is licensed in the State of California, and is familiar with the project.
2.2 Project.
City desires to engage Consultant to render such services for the Norm Ross Sports Park Improvement Project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Material Testing consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.
3.1.2 Term. The term of this Agreement shall be from May 26, 2026 to December 31, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
Attachment: B
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3.2 Responsibilities of Consultant.
3.2.1 Independent Contractors, Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision.
Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW-9) prior to commencement of any Services under this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.
The key personnel for performance of this Agreement are as follows: Aida Klingfus.
3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates the Public Works Director, or his or her designee, as the City’s contact for the implementation of the Services hereunder.
Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates Aida Klingfus, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules, and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement, or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary, and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state, and federal laws, rules, and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, as applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Thirty-Nine Thousand One Hundred Ninety-Six Dollars and Seventy-Six Cents ($ 139,196.76) (“Total Compensation”) without written approval of City’s Director of Public Works. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation.
Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
American Engineering Laboratories, Inc.
205 W. La Habra Blvd
La Habra, CA 90631
Attn: Aida Klingfus
City:
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Cesar Rangel, Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including, but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost, or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.5.5 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.6 Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify, and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants, or agents in connection with the performance of the Consultant's Services, the Project, or this Agreement, including, without limitation, the payment of all damages, expert witness fees and attorney fees, and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents, or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
The obligation to indemnify, as provided herein, shall survive the termination or expiration of this Agreement.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County, California.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates, or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer.
3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.12 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.15 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
3.16 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.
3.20 Subcontracting.
3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 202_.
CITY OF STANTON American Engineering Laboratories, Inc.
By:
Hannah Shin-Heydorn
City Manager
By:
Name:
Title:
ATTEST:
By:
Patricia Vazquez
City Clerk
By:
Name:
Title:
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
55414.00000\32996936.2
A-1
EXHIBIT “A”
SCOPE OF SERVICES
55414.00000\32996936.2
B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
55414.00000\32996936.2
C-1
EXHIBIT “C”
COMPENSATION
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 26, 2026
SUBJECT: ADOPT RESOLUTION RATIFYING PROCLAMATION NO. 2026-01
DECLARING THE EXISTENCE OF A LOCAL EMERGENCY
REPORT IN BRIEF:
According to fire and law enforcement reports, there is a toxic chemical leak from an aerospace manufacturing business located at 12122 Western Avenue in the City of Garden Grove. This location is in close proximity to the City of Stanton. As of the date of this report, fire and law enforcement authorities have imposed evacuation orders on portions of the City of Stanton. Resources from the Orange County Fire Authority, Orange County Sheriff’s Department/Stanton Police Department, Garden Grove Police Department, and the Orange County Health Department have already been deployed into the affected areas, including the City of Stanton. On May 22, 2026, the City Manager, acting as the City’s Director of Emergency Services, issued a proclamation proclaiming the existence of a local emergency. On May 23, 2026, the Governor issued a State of Emergency Proclamation for Orange County due to the Orange County chemical incident.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt Resolution No. 2026-16 ratifying Proclamation No. 2026-01, declaring the existence of a local emergency in order to enhance the City’s emergency preparedness and overall readiness in as proactive a manner as possible, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,
CALIFORNIA, CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE DIRECTOR OF EMERGENCY SERVICE’S
PROCLAMATION NO. 2026-01 DECLARING THE EXISTENCE OF A LOCAL EMERGENCY.”
Item: 6A
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2 BACKGROUND:
On May 21, 2026, fire and law enforcement were alerted to a toxic chemical leak from an aerospace manufacturing business located at 12122 Western Avenue in the City of Garden Grove. This location is in close proximity to the City of Stanton. The release is from a 34,000 gallon tank containing methyl methacrylate, an industrial chemical used in plastics and manufacturing.
The chemical leak poses a significant risk to public health, safety, and property. Fire and law enforcement authorities have imposed evacuation orders on portions of Stanton.
Resources from the Orange County Fire Authority, Orange County Sheriff’s Department/Stanton Police Department, Garden Grove Police Department, and the Orange County Health Department have already been deployed into the affected areas, including the City of Stanton. Based upon the scope of the toxic chemical incident, there exists the potential that said incidents have, and are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of City government.
The City of Stanton is a densely populated city within the County of Orange, which has one of the highest population densities in the United States. The continuation of this incident could cause extreme peril to the safety of persons and property within the City of Stanton; and
Due to the threat to the health, safety and welfare of residents of the City of Stanton and the County of Orange from the Orange County chemical incident, staff is requesting the City Council ratify Proclamation No. 2026-01 declaring the existence of a local emergency pursuant to Government Code section 8630 and Stanton Municipal Code (SMC) section 2.64.060(A)(1).
ANALYSIS/JUSTIFICATION:
Government Code section 8558 defines a local emergency as “the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, … or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat.”
Under Government Code section 8630, the City Council may proclaim the existence of a local emergency. Under SMC section 2.64.060(A)(1), the City Manager, as the Director of Emergency Services, may also proclaim the existence of a local emergency if the City Council is not in session. The City Council must ratify such proclamation within seven days for it to remain effective. Once the existence of a local emergency is proclaimed, neighboring jurisdictions and the State have the power to provide mutual aid to address 3 the emergency conditions. Pursuant to Government Code section 8630, once proclaimed, the City Council is required to review the need for continuing the local emergency at least every 60 days until the local emergency is terminated, and must proclaim the termination of the local emergency at the earliest possible date that conditions warrant.
Accordingly, on May 22, 2026, the City Manager, as the City’s Director of Emergency Services, declared a local emergency as authorized by Government Code section 8630 and Stanton Municipal Code section 2.64.060(A)(1). The proclamation enabled the City to more effectively respond to the potential threat to the health, safety and welfare of residents, put in place a framework that supports the continuity of essential public safety services, seek and utilize mutual aid, potentially obtain reimbursement for expenses incurred to address the Orange County chemical incident, and ensure the City has all available tools at its disposal to keep the community safe. The emergency ratification report advises Council to ratify the emergency declaration due to the potential for evolving hazardous conditions, impacts to public safety, and the need for ongoing emergency response measures related to the chemical incident.
If the City Council ratifies the proclamation, the need for continuing the local emergency will be reviewed every 60 days or as otherwise required by State law. This may require calling one or more special meetings in the near future.
FISCAL IMPACT:
The primary costs that would be incurred by the City are for administrative support staff in the coordination, surveillance, communication and management of the Orange County chemical incident local emergency. Additional costs include the mobilization of local resources, coordination of an interagency response, acceleration of the procurement of vital supplies, and use of mutual aid. These steps are critical to successfully responding to any potential health and safety conditions in the City. Current City costs are being covered by existing department appropriations but will be tracked separately in the City’s Disaster Fund. Staff will pursue federal and State reimbursement for all City costs incurred.
ENVIRONMENTAL IMPACT:
This is not a project under CEQA Guidelines section 15378.
PUBLIC NOTIFICATION:
Public notification provided through the regular agenda process. 4 LEGAL REVIEW:
The City Attorney’s Office has reviewed and approved the proposed ratification of the local emergency proclamation and this report as to form.
STRATEGIC GOAL:
Goal 1. Provide a safe community.
Goal 5. Maintain and promote a responsive, high-quality and transparent government Prepared by: Patricia A. Vazquez, City Clerk
Reviewed by: HongDao Nguyen, City Attorney
Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENT:
A. Resolution No. 2026-16 including Proclamation No. 2026-01 RESOLUTION NO. 2026-16
RESOLUTION NO. 2026-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA,
CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE DIRECTOR OF EMERGENCY SERVICE’S PROCLAMATION NO. 2026-01
DECLARING THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, the City of Stanton (City) is a municipal corporation, duly organized under the U.S. Constitution and laws of the State of California; and WHEREAS, the California Emergency Services Act, Government Code section 8550, et seq., authorizes the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and
WHEREAS, Title 2, Chapter 2.64 of the City of Stanton’s Municipal Code (SMC) empowers the City Manager, as Director of Emergency Services (Director), to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public emergency and the City Council is not in session; and WHEREAS, SMC section 2.64.020 defines an “emergency” as “the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat”; and
WHEREAS, on May 22, 2026, when the City Council was not in session, the Director proclaimed a local emergency based on the following circumstances:
• On May 21, 2026, fire and law enforcement responded to reports of a toxic chemical leak from an aerospace manufacturing business located at 12122 Western Avenue in the City of Garden Grove. This location is in close proximity to the City of Stanton. The release is from a 34,000 gallon tank containing methyl methacrylate, an industrial chemical used in plastics and manufacturing. • The chemical leak poses a significant risk to public health, safety, and property. • Fire and law enforcement authorities have imposed evacuation orders on portions of the City of Stanton and portions of Garden Grove. Resources from the Orange County Fire Authority, Orange County Sheriff’s Department/Stanton Police Department, Garden Grove Police Department, and the Orange County Health Department have already been deployed into the affected areas, including the City of Stanton.
Attachment: A
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RESOLUTION NO. 2026-16
• Based upon the scope of the toxic chemical incident and the challenge to containment, there exists the potential that said incidents have, and are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of City government. • The City of Stanton is a densely populated city within the County of Orange, which has one of the highest population densities in the United States. The continuation of this incident could cause extreme peril to the safety of persons and property within the City of Stanton.
WHEREAS, the mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments are critical to successfully responding to any potential health and safety conditions in the City; and WHEREAS, on Governor on May 23, 2026, the Governor issued a State of Emergency Proclamation in Orange County due to the Orange County chemical incident; and WHEREAS, the Director of Emergency Services now requests that the City Council ratify the Director’s proclamation of the existence of a local emergency in accordance with Stanton Municipal Code section 2.64.050. A true and correct copy of Proclamation No. 2026-01 is attached hereto and incorporated herein by this reference as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2: The City Manager’s Proclamation of Local Emergency No. 2026-01, dated May 22, 2026, and orders contained therein (Exhibit A), is hereby ratified.
SECTION 3: As contemplated in the Emergency Services Act contained in Government Code Section 8550, et seq., including Section 8558(c), and Chapter 64 of Title 2 of the Stanton Municipal Code, a local emergency exists in the City of Stanton based on the existence of conditions of disaster or of extreme peril to the safety of persons and property caused by a Chemical Incident, as detailed in the recitals set forth above.
SECTION 4: During the local emergency, the powers, functions and duties of the City Manager, as the Director of Emergency Services, the Assistant Director of Emergency Services, to be appointed by the Director, the Disaster Council of the City, and the emergency organization of the City shall be those prescribed by state law, by ordinances and resolutions of the City and approved by the City Council, including but not limited to the City of Stanton Emergency Plan.
RESOLUTION NO. 2026-16
SECTION 5: This local emergency shall continue to exist until the City Council of the City of Stanton proclaims the termination of this local emergency. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this Resolution is terminated.
SECTION 6: A copy of this proclamation shall be forwarded to the Director of the Governor's Office of Emergency Services requesting that it be found acceptable in accordance with State law; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
SECTION 7: Severability. If any provision of this Proclamation or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Proclamation are declared to be severable.
PASSED, APPROVED AND ADOPTED this 26th day of May, 2026. ______________________________________
DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:
_______________________________________
HONGDAO NGUYEN, CITY ATTORNEY
RESOLUTION NO. 2026-16
ATTEST:
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the forgoing Resolution, being Resolution No. 2026-16 has been duly signed by the Mayor and attested by the City Clerk, at a special meeting of the Stanton City Council, held on May 26, 2026, and that the same was adopted, signed and approved by the following vote to wit:
AYES: ___________________________________________________________ NOES: ___________________________________________________________ ABSENT: ___________________________________________________________ ABSTAIN: ___________________________________________________________ _______________________________________
PATRICIA A. VAZQUEZ, CITY CLERK
PROCLAMATION NO. 2026-01
PROCLAMATION OF THE CITY MANAGER OF THE CITY OF STANTON,
CALIFORNIA, ACTING AS THE DIRECTOR OF EMERGENCY SERVICES,
PROCLAIMING THE EXISTENCE OF LOCAL EMERGENCY WITHIN THE CITY WHEREAS, the City of Stanton (City) is a municipal corporation, duly organized under the U.S. Constitution and laws of the State of California; and WHEREAS, the California Emergency Services Act, Government Code section 8550, et seq., authorizes the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and
WHEREAS, Title 2, Chapter 2.64 of the City of Stanton’s Municipal Code (SMC) empowers the City Manager, as Director of Emergency Services (Director), to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public emergency and the City Council is not in session; and WHEREAS, SMC section 2.64.020 defines an “emergency” as “the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat”; and
WHEREAS, the following circumstances exist:
According to fire and law enforcement reports, there is a toxic chemical leak from an aerospace manufacturing business located at 12122 Western Avenue in the City of Garden Grove. This location is in close proximity to the City of Stanton. The release is from a 34,000 gallon tank containing methyl methacrylate, an industrial chemical used in plastics and manufacturing.
The chemical leak poses a significant risk to public health, safety, and property because according to fire and law enforcement reports at the time of this Proclamation, the failed tank cannot be secured and mitigated.
There is a possibility that thousands of gallons of chemicals could spill into the facility’s parking lot or there may be an explosion that could lead to major damage to surrounding properties and possible contamination of the local air quality at levels hazardous to humans, animals, and other living organisms.
Fire and law enforcement authorities have imposed evacuation orders on the entirety of the City of Stanton and portions of Garden Grove. Resources from the Orange County Fire Authority, Orange County Sheriff’s Department/Stanton Police Department, Garden PROCLAMATION NO. 2026-01
Exhibit: A
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PROCLAMATION NO. 2026-01
Grove Police Department, and the Orange County Health Department have already been deployed into the affected areas, including the City of Stanton.
Based upon the scope of the toxic chemical leak and the challenge to containment, there exists the potential that said incidents have, and are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of City government.
The City of Stanton is a densely populated city within the County of Orange, which has one of the highest population densities in the United States. The continuation of this incident threatens to cause extreme peril to the safety of persons and property within the City of Stanton due to potential chemical explosions; and WHEREAS, the mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to any potential health and safety conditions in the City.
NOW, THEREFORE, THE DIRECTOR OF EMERGENCY SERVICES HEREBY DECLARES, DETERMINES, AND ORDERS AS FOLLOWS:
SECTION 1: That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2: Pursuant to California Government Code Section 8630 and Stanton Municipal Code sections 2.64.020 and 2.64.060, the City Manager, as Director of Emergency Services, finds and proclaims that a local emergency exists throughout the City of Stanton.
SECTION 3: During the local emergency, the powers, functions and duties of the City Manager, as the Director of Emergency Services, the Assistant Director of Emergency Services, to be appointed by the Director, the Disaster Council of the City, and the emergency organization of the City shall be those prescribed by state law, by ordinances and resolutions of the City and approved by the City Council, including but not limited to the City of Stanton Emergency Plan.
SECTION 4: During the local emergency, the Director will furnish information, enter into agreements, including, but not limited to, applications and agreements for grant funding, and to take all actions necessary to obtain emergency assistance from State and federal agencies to implement preventive measures to protect and preserve the City within the scope of the local emergency hereby declared, pursuant to the powers and duties prescribed under Chapter 2.64 of the Stanton Municipal Code. Pursuant to Section
2.64.090 of the Stanton Municipal Code, any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City.
PROCLAMATION NO. 2026-01
SECTION 5: A copy of this proclamation shall be forwarded to the Director of the Governor's Office of Emergency Services requesting that it be found acceptable in accordance with State law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of Stanton; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
SECTION 6: This Proclamation of Local Emergency shall become effective immediately and shall expire within seven (7) days unless the City Council takes action to ratify this proclamation.
SECTION 7: Severability. If any provision of this Proclamation or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Proclamation are declared to be severable.
Executed this 22nd day of May, 2026 at 12:30 p.m. PST.
HANNAH SHIN-HEYDORN, CITY MANAGER
DIRECTOR OF EMERGENCY SERVICES
ATTEST:
PATRICIA A. VAZQUEZ, CITY CLERK
APPROVED AS TO FORM:
______________________________________
CITY ATTORNEY