El Centro City Council
May 17, 2022

VEOCI Master Services
Agreement for
El Centro Fire Department, CA
Prepared for: Cedric Cesena, Fire Chief
Prepared by: Mark F. Demski, CEM, NRP
Date: May 11, 2022
Proposal number: GWS772242496

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Packet Pg. 239 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

May 11, 2022
Cedric Cesena
El Centro Fire Department
1910 N Waterman Ave
El Centro, CA 92243
Dear Chief Cesena
Veoci Inc. (“VEOCI”) is pleased to offer El Centro Fire Department, CA(the “Customer”) this Master Services Agreement and schedules (this “Agreement”) for the use of VEOCI’s Veoci software and the services described in the relevant order form (“Order Form”), which is attached as Schedule D.

RECITALS
A. VEOCI is the owner of, or has the right to grant access according to the terms of this Agreement, to certain cloud-hosted software applications, namely the Veoci Platform (defined below) available for access and use by Customer via http://veoci.com, as well as any additional services relating to its use as are set forth in the applicable Order Form (collectively, the “Service”), as contemplated under this Agreement.

B. This Agreement sets out the contracting framework between VEOCI and Customer in relation to the provision of the Service.

C. VEOCI agrees to provide the Service under the terms of an Order Form, as contemplated under this Agreement.

Executed by Veoci Inc.

By its Authorized Representative
Executed by El Centro Fire Department, CA
by its authorized representative
Signature: Signature:

Name: Christopher Ford Print Name:

Title: VP of Sales & Partnerships Title:

Date: 5-11-2022 Date:

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Packet Pg. 240 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

Agreement Structure, Order Form and Ordering
The purpose of this Agreement is to: (a) establish a general contracting framework between the parties; (b) set out the terms governing the overall relationship between the parties under that contracting framework; and (c) set out the terms governing the provision of Service by VEOCI to Customer. In executing this Agreement and any Order Form, both parties have relied on certain supporting information provided, and representations made, by the other party prior to that execution.

Prior to commencing the provision of the Service, the parties must first execute an Order Form based on the template set out in Schedule D, or such other form or template that VEOCI provides to the Customer from time to time. Each Order Form (a) comes into force on the Start Date and continues until the End Date, as set out in the relevant Order Form, unless terminated in accordance with this Agreement or the relevant Order Form; and (b) constitutes a separate binding contract between Customer and VEOCI, for the Order Form Term. An Order Form may include supplementary or additional obligations not otherwise set out in the Agreement.

Unless the contrary intention is specifically expressed, if there is an inconsistency between any of one or more of:
(a) the Agreement and (b) an Order Form, the order of precedence between them will be the order listed here.

I. Schedules A, B and C
SCHEDULE A. General Subscription Terms and Conditions

1. Definitions
“Agreement” means this agreement and schedules, which shall be effective as of the Effective Date (defined below).
"Confidential Information" means any information, maintained in confidence by the disclosing party, communicated in written or oral form, marked as proprietary, confidential or otherwise so identified, and any information that by its form, nature, content, or mode of transmission, a reasonable recipient would understand to be confidential or proprietary. Notwithstanding anything to the contrary, the Veoci Platform and related documentation and the Service are Confidential Information of VEOCI. “Customer” means any customer who is party to an Order Form, contract, or agreement for Veoci SaaS with VEOCI. “Customer Data” means all electronic data or information provided by Customer to the Service. “Effective Date” means the date on which the Customer has signed this Agreement. “End Date” for an Order Form, means the date specified as the “End Date” in that Order Form.

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Packet Pg. 241 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510 Page
4 “Order Form” means the order form for Service entered between VEOCI and Customer, including any exhibits or schedules thereto.
“Order Form Term” means the period from the “Start Date” to the “End Date”, as set out in an Order Form. “Primary Contact” means Customer’s primary technical contact with VEOCI in-connection-with the Service. “Service” means VEOCI’s provision of the Veoci Platform for access and use by Customer via http://veoci.com, as well as any additional services relating to its use as are set forth in the applicable Order Form. “Start Date” for an Order Form, means the date specified as the “Start Date” in that Order Form. “User Guide” means the online Veoci Platform user manuals for the Service accessible via http://veoci.com, as updated by VEOCI.
“Users” means the individuals who are authorized to access and use the Service and who have been provided user identifications and passwords by Customer (or by VEOCI at Customer's request). Users may be Customer employees, Customer third party consultants, contractors or agents. (Third parties may access and use the Service solely for the benefit of Customer’s internal business purposes in accordance with the provisions of this Agreement.) “VEOCI” means Veoci, Inc.
"Veoci Platform" means VEOCI’s software-as-a-service platform for digital business processes. “Virus” means (i) any computer code designed to disrupt, disable, harm, or otherwise impede the operation of the Service, including Customer’s access to the Service and processing of data using the Service, or the operation of any associated system or network, or (ii) any other similar harmful, malicious, or hidden procedures, routines, or mechanisms that would cause the Service to malfunction or cause damage to or corruption of data, storage media programs, equipment or communications, or otherwise interfere with operations.

2. Provision of Service
(a) VEOCI will provide the Service to Customer in accordance with the terms of this Agreement and the applicable Order Form. VEOCI grants Customer a non-transferable and nonexclusive right to access and use the Service for the sole purpose of supporting the internal operations of Customer’s business and to process Customer’s own data.
(b) The following procedures will apply to the Service:
(i) VEOCI will send an email to Customer's Primary Contact setting forth the information necessary for initial use of the Service. Customer shall provide the information requested in such email to VEOCI. (ii) VEOCI will provide Service status and maintenance notifications by email to Customer's Primary Contact.
(iii) Customer will notify VEOCI via email at [email protected] with respect to any issues related to the Service.
(c) From time to time, with respect to the Service and at an additional fee, VEOCI may offer additional functionality. Such additional functionality will be offered and agreed under a separate agreement between the

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Packet Pg. 242 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

parties. Customer hereby agrees that Customer’s purchase of the Service pursuant to this Agreement is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by VEOCI regarding future functionality or features. (d) The Service may be accessed and used solely by a User whose identification and password may not be shared, accessed or used by any other person, company or entity. Unless otherwise specified in the applicable Order Form between the Customer and VEOCI, (i) Services are purchased as User subscriptions and may be accessed by no more than the specified number of Users, (ii) additional User subscriptions may be added during the applicable subscription term at the same pricing as that for the pre-existing subscriptions thereunder, prorated for the remainder of the subscription term in effect at the time the additional User subscriptions are added, and (iii) the added User subscriptions shall terminate on the same date as the pre-existing subscriptions. User subscriptions are for designated Users only and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Services.

3. Limitations and Processes
(a) Third-party interfaces, software, hardware or other services which are associated with, or otherwise available through the Service shall be accessed and used by Customer and Users in their sole discretion. VEOCI shall have no responsibility or liability with respect to Customer’s or any Users' access to or use of any such items or for any act or omission of any such third-party provider.
(b) VEOCI’s performance under this Agreement shall be excused as a result of Customer’s (i) failure to comply with its obligations as set forth herein; (ii) failure to provide VEOCI with information reasonably deemed by VEOCI to be necessary to assist VEOCI in its performance under this Agreement; or (iii) delay, prevention or interference with VEOCI’s performance under this Agreement.
(c) During normal business hours and no more than twice per year, on reasonable advance written notice, describing the purpose and scope of the request and in a manner that does not unreasonably interfere with Customer’s business operations, VEOCI or a VEOCI-designated third-party may audit Customer’s use of and access to the Service to verify Customer’s compliance with this Agreement.

4. Customer Responsibilities.
(a) Customer will provide VEOCI with the contact details for its Primary Contact on the Effective Date of this Agreement, and will notify VEOCI of any changes as necessary on an ongoing basis. Customer is responsible for having the hardware and software adequate for use of the Service. (b) Customer is responsible for all activities that occur in, or are related to, User accounts and for Users’ compliance with this Agreement. Customer shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data; (ii) prevent unauthorized access to, or use of, the Service, and shall notify VEOCI promptly of any unauthorized access or use; and (iii) comply with all applicable local, state, federal and territorial laws and regulations (“Laws”) in accessing and using the Service. (c) Customer shall use the Service solely for its internal business purposes as contemplated by this Agreement and shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than to Users or as otherwise

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Packet Pg. 243 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

contemplated by this Agreement; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable Laws; (iii) send or store infringing, obscene, threatening, or otherwise unlawful material that is harmful to children or violates third party privacy rights; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained in the Veoci Platform; (v) use the Service to store or transmit any Viruses, (vi) attempt to gain unauthorized access to the Service or its related system or networks, or (vii) monitor the availability, performance or functionality of the Services, or access the Services for any other benchmarking or competitive purposes.
(d) Customer is responsible for its compliance with all applicable data protection and privacy protection Laws.

Customer represents to VEOCI that: (i) it will provide only that personal data that it is authorized to provide to VEOCI, and will do so lawfully in compliance with applicable Laws, (ii) VEOCI or its subcontractors may process such data for the purposes described in this Agreement, and (iii) VEOCI may disclose such data to its subcontractors for this purpose.
(e) Customer shall not access the Services, and VEOCI may immediately terminate this Agreement, if VEOCI determines, in its reasonable discretion, that Customer is a competitor of VEOCI.

5. Fees and Payment
(a) Customer will pay VEOCI the fees set forth in the Order Form for setup of User access to the Veoci Platform, use of the Service and any other services or products described therein. (b) All payments are due within thirty (30) business days from date of invoice. If Customer's account is fortyfive (45) days or more overdue, VEOCI may: (i) suspend the Service upon at least two (2) business days’ prior written notice to Customer without liability until any such amounts are paid in full; and (3) exercise any of its other rights or remedies.
(c) Unless otherwise expressly provided, VEOCI’s fees do not include any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value added, use or withholding taxes (collectively, "Taxes"). Customer is responsible for paying all Taxes associated with Customer’s purchases hereunder, excluding taxes based on VEOCI’s net income or property. If VEOCI has the legal obligation to pay or collect Taxes for which Customer is responsible under this Section, the appropriate amount shall be invoiced to and paid by Customer, unless Customer provides VEOCI with a valid tax exemption certificate authorized by the appropriate taxing authority.”

6. Customer Data
(a) As between VEOCI and Customer, Customer exclusively owns all rights, title and interest in and to all Customer Data. Customer Data is Confidential Information of Customer. Recovery of any Customer Data deleted by Customer shall be Customer’s responsibility.
(b) Subject to VEOCI’s responsibilities set forth in Section 7, VEOCI will not be responsible for any unauthorized access to or alteration, theft or destruction of Customer Data through accident, fraudulent means or devices, or any other method.

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Packet Pg. 244 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

7. Confidentiality; Privacy
(a) In the course of performance under this Agreement, one party (the “Disclosing Party”) may disclose, deliver or permit access by the other party (the “Receiving Party”) to its Confidential Information. The Receiving Party shall hold the Disclosing Party’s Confidential Information in strictest confidence and shall not disclose or provide such Confidential Information to any third party except as expressly provided in this Section. The Receiving Party shall not make any use of the Confidential Information except such limited uses as are required or permitted under this Agreement, and shall cause its employees, agents, financial advisors, attorneys, and Users to maintain such Confidential Information in complete confidence, and shall disseminate such Confidential Information only on a need to know basis. Upon expiration or termination of this Agreement, or at any time upon the Disclosing Party’s request, the Receiving Party shall promptly return or, at the Disclosing Party’s option, destroy all of the Disclosing Party’s Confidential Information, and all copies of and other materials containing such Confidential Information.

The Receiving Party shall have no obligation under this Section 7 with respect to any Confidential Information that the Receiving Party can demonstrate by reasonable written evidence: (i) was already known to it at the time of its receipt without restriction on its disclosure; (ii) is or becomes generally available to the public other than by breach of this Agreement; (iii) is independently obtained from a third party whose disclosure to the Receiving Party does not violate a duty of confidentiality; (iv) is independently developed without use or reference to any of the Disclosing Party’s Confidential Information. If the Receiving Party is required by a court or other body of competent jurisdiction to disclose the Confidential Information, the Receiving Party may disclose only so much Confidential Information as is legally required, and the Receiving Party will promptly notify such compelled disclosure to the Disclosing Party if permitted by Law to do so. In addition, Customer shall not, without the prior written consent of VEOCI, disclose publicly or to any third party (excluding employees of Customer with a need to know), the terms and conditions of this Agreement or any Order Form or any related negotiations between the parties, except to the extent required by law.
(b) In the event of a breach of this Section 7, the Disclosing Party may not have an adequate remedy at Law.

The Disclosing Party may seek temporary and/or permanent injunctions, specific performance or any other form of equitable relief. For the Veoci Platform, the Service and any other trade secrets, the obligations of this Section 7 shall continue for so long as the information remains a trade secret, and for all other Confidential Information, the obligations shall extend for five (5) years from the expiration or termination of this Agreement.

8. Proprietary Rights
VEOCI and its licensors (if any) shall retain all right, title, copyright, patent, trademark, trade secret and all other proprietary interests to the Veoci Platform, the Service and to all VEOCI intellectual property and any enhancements, modifications or derivatives of any of the foregoing. Customer may not distribute, promote, or otherwise use any information or materials relating to the Veoci Platform or the Service for any external use without VEOCI’s prior written consent or as otherwise specifically permitted in this Agreement. No copyright, patent, trademark, trade secret or other right of intellectual property not expressly granted under this Agreement is exchanged between the parties. Subject to Customer’s ownership of the Customer Data, VEOCI retains all rights to any related work product delivered under this Agreement and Customer acknowledges and agrees that it obtains no rights to such work product. Customer shall not: (i) modify, copy or create derivative works based on the Veoci Platform or the Service; (ii) frame or mirror any content forming part of the Veoci Platform or the Service, other than on Customer's own intranets or otherwise for its own internal business purposes in accordance with this Agreement; (iii) reverse engineer the Veoci Platform or the Service; or (iv) access or use the Veoci Platform or the

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Packet Pg. 245 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

Service to build a competitive product or service, or copy any ideas, features, functions or graphics of the Veoci Platform or the Service. VEOCI shall own any and all rights to, and may use or incorporate into the Service, any suggestions, enhancement requests, recommendations or other feedback provided by Customer or its Users relating to the operation of the Service.

9. Warranty
(a) Each party represents and warrants to the other that it has the power and authority to enter into and perform its obligations under this Agreement.
(b) VEOCI represents and warrants to Customer that: (i) it owns or otherwise has sufficient rights in the Veoci Platform to grant to Customer the rights to access and use the Service granted in this Agreement, and (ii) it has taken commercially reasonable steps to test the Service for Viruses. (C) VEOCI DOES NOT REPRESENT OR WARRANT THAT ALL ERRORS WILL BE CORRECTED OR THAT THE VEOCI PLATFORM WILL RUN ERROR FREE OR UNINTERRUPTED. EXCEPT AS EXPRESSLY SET FORTH ABOVE, TO THE EXTENT PERMITTED BY LAW, NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED THIRDPARTY WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, SATISFACTORY

QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY VEOCI AND VEOCI MAKES NO

WARRANTIES WITH RESPECT TO ANY HARDWARE EQUIPMENT OR THIRD-PARTY SOFTWARE THAT VEOCI MAY USE TO PROVIDE THE SERVICE OR CUSTOMER MAY USE TO ACCESS THE SERVICE. (d) Customer represents and warrants to VEOCI that: (i) Customer has the right to transmit to VEOCI, and receive from VEOCI, all data, material and records, including the Customer Data that Customer provides to VEOCI and that are required to enable VEOCIto perform the Service and any other of its obligations under this Agreement; and (ii) it will use reasonable commercial efforts to prevent the inclusion of Viruses while it and its Users access the Service.

10. Limitation of Liability
(a) Except for death or personal injury and VEOCI’s indemnity obligations in Section 11, VEOCI's liability for direct damages, loss or liability for any cause, and regardless of the form of action will be limited to the total amount of fees payable by Customer under this Agreement over the six (6) months prior to the date that the action arose. (b) THE REMEDIES PROVIDED IN THE AGREEMENT TO CUSTOMER ARE THE CUSTOMER’S EXCLUSIVE REMEDIES. EXCEPT WITH RESPECT TO ITS INDEMNIFICATION OBLIGATIONS IN SECTION 11, IN NO EVENT

SHALL VEOCI BE LIABLE TO THE CUSTOMER OR ANY OTHER PARTY, WHETHER IN CONTRACT, TORT, OR

OTHERWISE, FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR

UNFORESEEABLE LOSS, DAMAGE OR EXPENSE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF

OPPORTUNITY, LOSS OR CORRUPTION OF DATA, HOWEVER ARISING, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED.

11. Indemnification
(a) VEOCI agrees to defend and indemnify Customer from and against, or at its option settle, any third- party claims (each a “Claim”) that the Service or the Veoci Platform alone, and not in combination with any other product

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Packet Pg. 246 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

or program, infringes any third-party intellectual property rights. VEOCI may, at its option and at its own cost, procure for Customer the right to continue to use the Service; repair, modify or replace the Service or Veoci Platform so that it is no longer infringing; or provide a pro rata refund of the fees paid based on the then-current term. VEOCI shall have no liability under this Section if the allegation of infringement is a result of: (i) a modification of the Veoci Platform by anyone other than VEOCI, (ii) the Customer or any User not using the Service in accordance with the User Guide, (iii) or a work product that was produced at Customer’s specific direction. THE FOREGOING STATES VEOCI’S ENTIRE LIABILITY AND OBLIGATIONS REGARDING CLAIMS OF INFRINGEMENT, AND THE

EXCLUSIVE REMEDY AVAILABLE TO CUSTOMER WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. (b) Customer, to the extent permitted by law, agrees to defend and indemnify VEOCI from and against, or at its option settle, all Claims made or brought against VEOCI: (i) arising out of Customer’s use of the Service; (ii) alleging that the Customer Data, Customer’s materials or records, or Customer's use of the Service in violation of this Agreement, infringes the intellectual property rights of, or has otherwise harmed, a third party; or (iii) alleging that VEOCI’s use of the Customer Data as contemplated in this Agreement is not authorized. (c) A party’s indemnification obligation is contingent upon: (i) the indemnified party providing prompt notice to the indemnifying party of any such Claim and assistance in its defense; (ii) the indemnifying party’s sole right to control the defense or settlement of any such Claim, except that any settlement requiring a payment or admission of liability on the part of the indemnified party is subject to the indemnified party’s prior approval, not to be unreasonably withheld or delayed; and (iii) that the indemnified party shall not take any action or omit to take action that hinders the defense or settlement process, as reasonably directed by the indemnifying party.

12. Term and Termination of Agreement and Order Form
(a) This Agreement shall enter into effect on the Effective Date and shall continue until terminated in accordance with below. Notwithstanding (b) and (c) below, the terms of this Agreement shall continue to apply to any surviving Order Form for the duration of such Order Form Term. (b) As stated above, any Order Form shall start on the Start Date and end on the End Date. Such Order Form Term will automatically renew for additional periods equal to the expiring Order Form Term or one year (whichever is shorter) unless either party gives the other notice of non-renewal at least sixty calendar days before the end of the relevant Order Form Term. The pricing during any automatic renewal will be the same as that during the immediately prior Order Form Term unless VEOCI gives Customer a written notice of a price increase at least sixty (60) calendar days before the end of the prior Order Form Term, in which case the pricing increase will be effective upon renewal and thereafter. Any such pricing increase shall not exceed seven percent (7%) of the pricing for the prior year unless the pricing in the prior year was designated as promotional or special rate. (c) Either party shall have the right to terminate this Agreement and/or any Order Form: (i) upon thirty (30) calendar days written notice to the other party of a material breach of the terms of the Order Form and/or Agreement, and such breach remains uncured at the expiration of such period after which written notice is given to the breaching party; (ii) subject to any applicable mandatory Law, if a party becomes insolvent or if bankruptcy or receivership proceedings are initiated by or against a party; or (iii) upon the Customer exercising its right to terminate this Agreement and/or any Order Form for any reason in its sole discretion by giving a sixty (60) calendar day written notice to VEOCI at any time during the Order Form Term. If Customer gives VEOCI a notice of termination as described in this section, VEOCI will cease to perform the Services at the end of the Order Form

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Packet Pg. 247 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

Term using reasonable care in concluding its Provision of Services. Upon termination of the Order Form, however caused, Customer shall: (a) Pay to VEOCI all outstanding invoices and sums owed which have accrued up to the end of the current term at the time of termination. (b) at VEOCI’s option, either return to VEOCI or destroy all confidential information which it has obtained from VEOCI, and (c) have no claims for damages or compensation for loss of goodwill or like thereof against VEOCI.

13. Waiver of Jury Trial and Choice of Law

THE PARTIES HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM RELATING TO THIS AGREEMENT. The Agreement shall be construed and governed in accordance with the laws of the State of California.

14. Miscellaneous
(a) Customer may not assign this Agreement, the use of the Service or any other of its rights and obligations under this Agreement without VEOCI’s prior written consent. This Agreement shall be binding on the parties and their respective successors and assigns. VEOCI shall have the unrestricted right to (i) assign all of its rights and obligations under this Agreement, and (ii) subcontract all or part of its performance under this Agreement so long as the assignee or subcontractor is qualified to and can perform all of the services of VEOCI under this Agreement.. (b) Customer shall not export or use the Service in violation of applicable Laws. (c) The Services, other technology that VEOCI makes available, and derivatives thereof, may be subject to export laws and regulations of the United States and other jurisdictions. Customer represents that it is not named on any U.S. government denied-party list. Customer shall not permit Users to access or use Services in a U.S.- embargoed country or in violation of any U.S. export law or regulation. (d) Neither party is an agent or contractor of the other, and this Agreement does not confer or delegate upon a party any discretionary authority or control on behalf of the other party. (e) Each party shall be excused from performance of its obligations under this Agreement for any period and to the extent that it is prevented from performing such obligations, in whole or in part, as a result of delays caused by circumstances beyond its reasonable control, including an act of God, severe weather, hurricane, earthquake, flood, war, civil disturbance or civil commotion, terrorism, court order, epidemic, pandemic or any other cause over which such party does not have control, including internet or communication problems (including an internet service provider’s or hosting facility’s failures or delays involving hardware, software or power systems not within VEOCI's possession or reasonable control), third-party hardware or software errors, Viruses or similar harmful programs or data, or unauthorized access or theft (any of the foregoing, a "Force Majeure Event"). (f) This Agreement supersedes all other prior or contemporaneous agreements, letters, offers, quotations, proposals, purchase orders, representations and other understandings, whether oral or written, on the subject matter of this Agreement and, along with any executed Order Form(s), contains the entire agreement between the parties. No alteration or modification of this Agreement or Order Form will be valid unless made in a writing signed by the parties.

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Packet Pg. 248 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

(g) There shall be no third-party beneficiaries to this Agreement. (h) All notices required or permitted under this Agreement hereunder shall be delivered to the other party either personally, or by telefax, email, certified or registered mail (return receipt requested), or overnight courier. If delivered personally, notice shall be effective when delivered; if delivered by telefax or email, notice shall be effective upon electronic confirmation; and if delivered by mail or overnight courier, notice shall be effective upon confirmation of delivery.
(i) The section headings in this Agreement are for informational purposes only and shall not affect the interpretation of any provision of this Agreement. When used in this Agreement, “including” and word(s) of similar import mean “including without limitation.”
(j) If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, it shall be deemed severed from this Agreement and shall not affect in any respect the remainder of this Agreement. (k) The sections entitled "Warranty,” “Limitation of Liability," "Customer Data," "Fees and Payment," " Indemnification," "Confidentiality; Privacy," "Proprietary Rights" and Customer’s obligation to pay any outstanding fees due shall survive expiration or termination of this Agreement.

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Packet Pg. 249 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

SCHEDULE B. Service Level Agreement
Capitalized terms that are not otherwise defined in this Schedule B shall have the meaning set forth in the Subscription Terms and Conditions.

1. Introduction
The measurements and service levels set forth in this Schedule B are designed to provide an objective measurement of VEOCI’s performance of the Service (each an “SLA”; collectively, “SLAs”). The SLAs may be reviewed and adjusted as mutually agreed upon in writing by the parties.

2. Reporting
VEOCI agrees to provide to Customer, within sixty (60) calendar days of its receipt of a written request from Customer, a quarterly electronic report to verify VEOCI’s performance against the SLAs. VEOCI agrees to investigate and correct failures to meet the SLAs by:
(i) initiating investigations to determine the root cause of the failure; (ii) using commercially reasonable efforts to correct the issue; (iii) advising Customer as reasonably requested by Customer of the status of efforts being undertaken with respect to the issue; and,
(iv) providing reasonable evidence to Customer that the cause of the issue is being corrected or will be corrected.

3. SLA Definitions and Measurements
“Minor Default” is deemed to occur when VEOCI’s performance against an SLA falls in the range of performance in which a minimum SLA credit is granted to Customer.
“Major Default” is deemed to occur when VEOCI’s performance against an SLA falls in range of performance in which a maximum SLA default credit is granted to Customer. “Scheduled Downtime,” means the planned downtime, of which VEOCI has notified Customer at least 72 hours in advance.
“Service Level Default” means that VEOCI’s performance fell below the established SLA during a measurement period.
“Service Level Credit” means the amount of additional Service the Customer will be credited for the applicable Service Level Default during the measurement period.
“Target Service Level” means the expected performance range, within which no Service Level Default is assessed, and no Service Level Credit is granted.

Measurement periods are monthly, in arrears, with Service Level Defaults and Service Level Credits being calculated monthly. Any Service Level Credits shall be credited to the Customer annually in arrears, as applicable.

The SLA’s set forth in this Schedule shall be Customer’s sole and exclusive remedy related to the SLA default and such Service Level Credits are in lieu of other available remedies such as damages for breach of contract.

4. Exceptions

10.c
Packet Pg. 250 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

The following items will not be considered as a part of the calculation of Service Level Credits and VEOCI will be relieved of responsibility for SLAs and associated Service Level Credits to the extent VEOCI’s failure to meet the SLA(s) is determined by the parties, to be due to:
(i) Force Majeure Events as defined in the Agreement
(ii) Outages resulting from Scheduled Downtime, including VEOCI’s upgrading of data center infrastructure (iii) Outages arising from Customer’s network being inaccessible (iv) Domain Name Server (DNS) issues outside of the control of VEOCI (v) Customer’s acts or omissions (including acts or omissions of a third party not acting on behalf of VEOCI), including, without limitation, custom configuration, scripting, coding, negligence, failure to timely perform or provide relevant assistance, information or infrastructure required of Customer or willful misconduct (vi) Internet outages, or other third party infrastructure outages which hinder access to VEOCI’s environment (vii) Outages requested by Customer
(viii) Changes by Customer, or its agents, to Customer’s environment which are not communicated to VEOCI and which adversely impact VEOCI’s ability to perform the Service. (ix) Inability of Customer to log in due to Customer’s use of LDAP or other single sign-on methods to control authentication.

5. Service Level Measurement
Service Area: Production Uptime
Objective: VEOCI to provide 99.5% monthly uptime for Production Software Instances Measurement: For Production availability, the Production downtime shall be measured as the aggregate number of minutes during the monthly measurement period in which the Service was unavailable, divided by the total number of minutes in the monthly measurement period. The period of unavailability shall be measured from the point-in-time that such unavailability is or reasonably should have been detected by VEOCI. (Uptime % = [1-(downtime/Production)*100%]). For example, if hosting is unavailable for a total of 200 minutes in a 30-day month, then Production Uptime is [1-(200/43,200)*100%] = 99.5% Target Service Level: Production Uptime is greater than or equal to 99.5% Minor Default: Production Uptime is less than 99.5% but greater than or equal to 98% Major Default: Production Uptime is less than 98%
Measurement Period: Measured on a monthly basis. VEOCI will measure the Production Uptime for each downtime event and in the aggregate each month during the Term, and, upon written request of Customer, report the results to Customer within ten (10) business days of the of the request.

Service Level Credits: Minor Default = credit of one (1) additional day of the Service as an extension of the term of the Agreement.

Major Default = credit of two (2) additional days of the Service as an extension of the term of the Agreement.

10.c
Packet Pg. 251 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

SCHEDULE C. Support Agreement
Included Support:
• Support Center. The Veoci team will provide support from a support center via e-mail, an Internet based Client support tool (English version only), and telephone. All support services shall be provided in English language, unless otherwise specified in this Agreement. o Phone: <to be provided>
o Internet based Client support tool: <to be provided>
o Email: <to be provided>
• Hours of Support Center Operation. Support center is available twenty-four (24) hours per day, seven (7) days per week
• Requesting Support.
o Customer will identify the severity level (defined below) of the incident when requesting support from the support center
o If all support center representatives are busy with other calls, a message will be left on the voicemail response system, which will page appropriate support personnel o The VEOCI team will target to meet and exceed defined service level metrics defined in this Schedule
Non-Critical Issue: System performance or bug affecting some users that does not prevent a customer from using the software to respond to a crisis.

Response Time: 2 business days
Channel: Email, web, or general support phone number.

Critical Issue: System performance or bug affecting all users that prevents a customer from using the software to respond to a crisis.

Response time: 2 business hours
Channel: Email, web, or general support phone number
Crisis Issue: System outage or severe bug preventing customer from using the software during their response to a crisis.

Response Time: 30 minutes (24x7)
Channel: Emergency phone number
Crisis Support: General questions, support, or assistance in the instance where: the Veoci Platform is fully operational, it is outside of VEOCI’s normal business hours, but the customer is responding to a crisis and needs support.

Response Time: 30 minutes (24x7). May be subject to $200 hourly rate.

Channel: Emergency phone number
Business Hours: M-F 1:30AM -7PM Eastern Time

10.c
Packet Pg. 252 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

SCHEDULE D. Order Form
I. Term of this Order Form
The Service will be available to Customer from: Start Date of July 1,2022 to End Date of June 30, 2027 (the “Order Form Term”) in exchange for the fees described in Article III below, and pursuant to the terms of the Agreement.

The fees and terms offered in the Agreement and herein are contingent upon execution and delivery to VEOCI of a signed acceptance of the Agreement and Order Form no later than thirty (30) calendar days from the date of this Order Form. Otherwise, this Order Form shall be deemed null and void. In the event that VEOCI countersigns this Order Form, the foregoing sentence shall not be deemed to apply.

II. SaaS, Support and Training, and Implementation
A. Software as a Service (“SaaS”)

1. Applications
Customer plans to use the Service for daily and emergency operations Number of Users
During the Term of this Order Form, Customer is permitted to register a maximum of 12 standard and 3 infrequent users identities as Service users.

Please note: use of Veoci as contemplated under this Agreement is limited to licensed users of the Veoci Platform, including but not limited to, usage of forms and workflows. Put differently, unlicensed users, including members of the public, cannot use the Veoci Platform as part of the Customer’s use of the Veoci Platform under this Agreement without a separate Order Form that includes this specific use case.]

2. Document Storage
VEOCI will provide up to 100 GB (gigabytes) of online storage of documents, photos, and other electronic documentation (“Documents”) to Customer.

3. Integrated Telephone & SMS Capability
Service includes the capability to automatically send and receive SMS and to dial global phone numbers as needed and also use text to speech conversion to read out messages. The SMS and phone calls from the Veoci Platform connect with users who may not be on-line and whose participation is urgently needed. The Veoci Platform integrates this service from a 3rd party supplier and charges can vary based on target country and type of connection. Domestic service to the US is included in the pricing; international calling to other countries is excluded.

B. Support and Training

1. Software Enhancements
VEOCI will provide maintenance, support, and periodic enhancements to the Service pursuant to the Subscription Terms. Typically, VEOCI pushes enhancements out in a two-week cycle; these changes are small and designed to make the introduction easy.

10.c
Packet Pg. 253 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

2. Training
Definitions:
“Administrators” are staff who will design and edit the Veoci Platform to build or maintain solutions/applications. “End Users” means people who will be utilizing the system functionally.

Two-day Administrator training sessions (Boot Camp Trainings) are typically scheduled monthly at various locations throughout the US. The fee is $950 per person. We recommend administrators to attend Boot Camp Trainings, as they will be responsible for training End-Users.

Remote Administrator Trainings are also available. These trainings are similar to an on-site training but will exclude class exercises. Also, the content of Remote Trainings will vary slightly due to the changed medium and will be set up as multiple 90-minute sessions. These Remote Administrator Trainings and additional training sessions both online and on-site, are available at VEOCI’s standard professional service rates.

3. Implementation
Once the contact information of users is put into the Veoci Platform, Customer will be able to use the primary features of the system immediately out-of-the-box: real-time activity log, chat, maps, assigning and tracking tasks, general notification/response, file management, mobile access, etc. Some basic configuration of the data will be needed to make the Veoci Platform aware of the specific environment, resources, processes, plans and needs of Customer. This could include location and status of resources; dashboards for the EOC or management; workflows for processes; specific notification messages; pre-defined plans for various incidents, etc.

VEOCI will assist and provide knowledge transfer to the primary Customer administrators/power users, to get the Veoci Platform configured for the Customer environment and needs, up to (20) hours of implementation services.

We have found typical customers similar to Customer use this amount of services to be implemented and trained at a self-sufficient level.

As needed, additional training or professional services, both on-line and on-site, may be procured at VEOCI’s standard rates below.
(See the attached Statement of Work for Veoci Core for Government and Fire Solution as Scoped)

10.c
Packet Pg. 254 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

III. Financial Specifications
A. Fees & Term
Recognizing the value of the Customer’s business, VEOCI offers the Customer the following fees for the term specified in paragraph one of the Scope section of this Agreement:

QTY DESCRIPTION
ANNUAL

SUBSCRIPTION
12/3 Veoci Named Licenses $26,300.00
Best Practices solution for Fire Operations $2,500.00
Total 5 Year Pre-Paid Price $28,800.00

QTY DESCRIPTION ONE-TIME FEE
1 Implementation of Veoci Core for Government $3,600.00 1 Professional Services: Core for Government - 20 hours of customization $3,600.00 1 Implementation of Fire Operations solution as scoped $1,800.00 4 Veoci Administration Training Credits virtual ($950 per person) $3,800.00 Veoci Administration Training Discount ($2,850.00)
1 Sales Tax* 00.0*
Total – One-Time Services $9,950.00
First Year Total (with 5 Year Pre-Pay) $38,750.00
*Plus, Applicable Sales Tax
B. Optional Services if requested
Standard Training and Consulting for 2021 (Subject to change) Item Unit Price
VEOCI Hosted Bootcamp (New Haven, CT
& other locations) 2 Days - Price per attendee
$950, attendee pays for travel and
expense
Client Hosted Bootcamp
2 Days – Price per attendee
(Min 8)
$950, client pays for trainer’s
travel and expense
Professional Services & Consulting Hourly $180
Professional Services & Consulting – US
Only Hourly $250
Professional Services & Consulting –
Enterprise/Finance Hourly $200
Organization Branding Implementation $1,500
T&L (Without Air) Per diem $300
Hosted Storage Extra 20 GB per year $100

10.c
Packet Pg. 255 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) MSA No. # GWS772242496
www.veoci.com | [email protected] | 813.951.1946
Veoci Inc., 195 Church Street 14th Floor, New Haven, CT 06510

The parties hereto, intending to be legally bound hereby, have each caused its duly authorized officers or representatives to sign this Order Form as of the date first set forth below.

Veoci Inc. El Centro Fire Department, CA
Signed: Signed:

Name: Christopher Ford Name:

Title: VP of Sales & Partnerships Title:

Date: 5-11-2022 Date:

10.c
Packet Pg. 256 Attachment: Veoci Agreement (MSA) -El Centro Fire Dept 5-11-2022 (5529 : Veoci Master Services Agreement - EOC Software) City Council of the City of El Centro Meeting: 05/17/22 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Award of Bid
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
RESOLUTION (ID # 5472) DOC ID: 5472
Discussion and any necessary action regarding the award of the Wastewater and Water Treatment Plant Clarifiers
Rehabilitation Project
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No.22- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A

CONTRACT FOR THE CLARIFIERS REHABILITATION PROJECT, AND APPROPRIATE $2,001,607 IN ENTERPRISE FUNDING
FISCAL IMPACT:

No impact to the General Fund. Water and Wastewater Enterprise funds to be utilized.

Total Project Budget: Bid amount is $1,819,643.00 plus $181,964.00 in contingency (10%)
Overall budget summary and request:

Original Budget per fiscal year 2022 $880,000.00 ($750,000 from Wastewater Enterprise Fund and $130,000 from Water Enterprise Fund)
Revised total budget request
Wastewater Enterprise Fund $1,702,407.00
Water Enterprise Fund $ 299,200.00
Total Project Budget $2,001,607.00
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal No.2 Environmental Sustainability & Infrastructure - Action 2.11 Wastewater Capital Improvement
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Staff has verified the contractor's State License and DIR Registration which are current and in good standing. Business license and insurance will be obtained prior to notice to proceed being issued.

BACKGROUND:

The City of El Centro Waste Water Treatment utilizes four secondary clarifier as part of its treatment process for wastewater. Clarifiers 3 and 4 were recently rehabilitated in 2020 and Clarifiers 1 and 2 remain to be rehabilitated. The south clarifier at the Water Treatment plant is also in need of recoating.
11 Packet Pg. 257
Resolution (ID # 5472) Meeting of May 17, 2022
Remaining clarifiers 1 and 2 are in need of maintenance similar to the recently rehabilitated clarifiers 3 and 4. Staff prepared specifications that allowed the project to be released for public bidding. Staff included the recoating of the south clarifier located at the Water Treatment plant as part of this project. Doing both facilities under the same contract is expected to have cost savings due to economies of scale.

The engineer's estimate of cost was $880,000 budgeted as follows:
$750,000 in Wastewater Enterprise Funds
$130,000 in Water Enterprise Funds
On January 13, 2022, Council approved the Plans and Specifications to be released for public bidding.

DISCUSSION:

On March 10, 2022, sealed bids were received from the six (6) contractors listed below.

Only the base bid was considered for low bid determination.

Company Base Bid
Abhe & Svoboda, Inc. $1,523,572.00**
Cora Constructors, Inc. $1,819,643.00*
Spiess Construction Co., Inc. $1,897,000.00
Tharsos, Inc. $1,898,000.00
Orion Construction Co. $1,987,000.00
Metro Builders & Engineers Group, Ltd. $2,957,342.00
* Recommended Award
**Non-responsive Bidder
The lowest bidder Abhe & Svoboda, Inc., did not comply with the requirements of Section 7.3 of the bid package. For the reason set forth above, Abhe & Svoboda, Inc., is rejected as non-responsive.

The Public Works Director and City legal team has reviewed the bids and has determined the second lowest bidder, Cora Constructors, Inc., as the lowest responsive and responsible bidder and recommends award of the project to Cora Constructors, Inc.

A copy of the bid package is available at the City Clerk's office.

Supply chain issues persist and have increased prices considerably, however this project is critical to continue operations and staff recommends award of the project.

Tentative Schedule:

Date Milestone
5/17/2022 Project awarded to lowest responsible bidder
July 2022 Construction of Project starts
November 2023Construction complete (360 Calendar Days)
11 Packet Pg. 258
Resolution (ID # 5472) Meeting of May 17, 2022
CONCLUSION:

Adopt Resolution No.22- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A

CONTRACT FOR THE CLARIFIERS REHABILITATION PROJECT, AND APPROPRIATE $2,001,607 IN ENTERPRISE FUNDING
ATTACHMENTS:
• Bid Results (PDF)
• Resolution No.22- (PDF)
11 Packet Pg. 259

BID SHEET
PROJECT: Clarifier 1 & 2 Rehab Project
BID OPENING DATE: March 10, 2022
BID OPENING TIME: 2:00 p.m.

BIDDER NAME TOTAL BASE BID Total Additive BID
Orion Construction Co. 1,987,000.00
Tharsos, Inc. 1,898,000.00
Cora Constructors, 1,819,643.00
Abhe & Svoboda, Inc. 1,523,572.00
Metro Builders & Engineers
Group, Ltd. 2,957,342.00
Spiess Construction Co., Inc. 1,897,000.00

11.a
Packet Pg. 260 Attachment: Bid Results (5472 : Award WWTP Clarifier 1 and 2 rehab) 03/2022/liz/A22-0065/Award Agmnt/Reso – Cora Constructors, Inc.- Clarifiers Rehab Project 1 RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO AWARDING THE BID AND AUTHORIZING THE

EXECUTION OF A CONTRACT FOR THE CLARIFIERS
REHABILITATION PROJECT.

WHEREAS, the plans and specifications have been adopted by the City Council of the City of El Centro, California (“the City Council”) and the notice inviting bids has been advertised as required by section 2-185.15 of the City of El Centro (“the City”)’s municipal code for the Clarifiers Rehabilitation Project (“the Project”); and
WHEREAS, bids were received and opened on March 10, 2022, in accordance with law and the Director of Public Works/City Engineer has made a report thereon; and WHEREAS, the City Council has considered the report of the Director of Public Works/City Engineer and, as a result, has determined that six (6) firms submitted bids with Cora Constructors, Inc., an active California corporation, submitting the lowest responsive and responsible Base Bid in the amount of One Million, Eight Hundred Nineteen Thousand, Six Hundred Forty Three dollars and no cents ($1,819,643.00) as calculated based on unit prices; and WHEREAS, the City Council has considered the report of the Director of Public Works/City Engineer to award the Base Bid in the total amount of One Million, Eight Hundred Nineteen Thousand, Six Hundred Forty Three dollars and no cents ($1,819,643.00) as calculated based on unit prices; and
WHEREAS, the City Council finds that the award and approval of a contract for the Project will be in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

2. That the City Council hereby accepts the bid of Cora Constructors, Inc. and waives any informality with regard to said bid.

3. That the City Council hereby rejects all other bids for the Project.

4. That the City’s City Manager is hereby authorized to sign a contract for the Project in the total amount of One Million, Eight Hundred Nineteen Thousand, Six Hundred Forty Three dollars and no cents ($1,819,643.00) a copy of which is on file in the Office of the City Clerk, on behalf of the City.

5. That the City Council hereby establishes a construction contingency fund of One Hundred Eighty One Thousand Nine Hundred Sixty Four dollars and no cents ($181,964.00) for the Project.

11.b
Packet Pg. 261 Attachment: Resolution No.22- (5472 : Award WWTP Clarifier 1 and 2 rehab) 03/2022/liz/A22-0065/Award Agmnt/Reso – Cora Constructors, Inc.- Clarifiers Rehab Project 2

6. That the City Manager is further authorized to approve and execute any change orders for the Project up to a single change order amount of One Hundred Eighty One Thousand Nine Hundred Sixty Four dollars and no cents ($181,964.00) individually or collectively, as needed for unanticipated construction contingencies and is required to report all change orders to the City Council as soon as practical.

7. That the City Council shall approve any change order that either individually exceeds the single change order amount or in combination with other approved change orders, exceed the amount established as the construction contingency fund for the Project as set forth herein.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2022.

CITY OF EL CENTRO
By __________________________
Tomas Oliva, Mayor
ATTEST:

By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By _______________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, L. Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the forgoing Resolution No. 22- was duly and regularly adopted at a regular meeting of the City

11.b
Packet Pg. 262 Attachment: Resolution No.22- (5472 : Award WWTP Clarifier 1 and 2 rehab) 03/2022/liz/A22-0065/Award Agmnt/Reso – Cora Constructors, Inc.- Clarifiers Rehab Project 3 Council of the City of El Centro, California, held on the day of , 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By _________________________
Norma Wyles, City Clerk

11.b
Packet Pg. 263 Attachment: Resolution No.22- (5472 : Award WWTP Clarifier 1 and 2 rehab) City Council of the City of El Centro Meeting: 05/17/22 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Authorization
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 5494) DOC ID: 5494
Discussion and any necessary action regarding the approval of additional funding of the agreement with Arrington
Watkins Architects, Inc., for the Police Station Project CITY MANAGER’S RECOMMENDATION:

Review staff recommendations and provide staff direction.

FISCAL IMPACT:

No impact to the General Fund. $169,008 in Measure P bond funds are requested.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal No. 2 - Environmental Sustainability & Infrastructure - Action 2.8 Ensure that infrastructure is thoughtfully designed and maintained to meet the current and future needs of the community while minimizing negative financial impacts.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Consultant currently has an agreement with the city, this action is for an amendment to the agreement.

BACKGROUND:

On April 6, 2021 Council approved an agreement with Arrington Watkins Architects, Inc. for design services relating to the Police Station Project through Resolution No. 21-33 in the amount of $2,372,152. Said amount included a 6% design contingency in the amount of $130,556 to be approved by City staff for unforeseen design conditions.

The following amendments were approved at a staff level and were funded by the 6% design contingency and contract allowances:

1. On August 24, 2021 Amendment No.1 was approved for additional services in the amount of $95,220. The additional services included the re-design of the new police station so that it could be constructed in one phase without the parking garage.

2. On December 29, 2021 Amendment No.2 was approved for additional services in the amount of $59,435. The additional services were for the consultant to provide a cost for services to fully outfit the gun range. The original contract included providing a building shell for the gun range.

3. On December 29, 2021 Amendment No.3 was approved for additional services in the amount of $24,250. The additional services included investigation of the new police station site to determine existing underground utility locations. 12 Packet Pg. 264
Action Item (ID # 5494) Meeting of May 17, 2022
The total amount for Amendment No.1-3 is $178,905.00. This amount exceeded the 6% design contingency by $48,349. The excess amount was covered by reducing the budget of the contract allowances listed below. This allowed for the overall contract cost to remain within the approved contract cost.

1. As-Built Mapping of Existing Buildings
• Original budget $30,000
• Revised budget $5,750
$24,250

2. Reimbursable Expenses
• Original budget $29,660
• Revised budget $5,562
$24,098
Consultant submitted Additional Service request No.4 which authorizes the consultant to utilize a portion of the current Construction Administration budget towards redesigning elements of the new Police station building and to provide deep foundations to the footings at Building A as recommended by the latest soils report. Staff is in the process of approving Amendment No.4. By reducing the Construction Administration budget, the overall contract remains within the approved contract amount limits.

Project is near 90% design completion.

DISCUSSION:

Additional funding in the amount of $169,008 is needed to replenish the Construction Administration budget for a revised contract cost of $2,541,160.00. The Construction Administration portion of the scope will be used during the construction phase of the project.

Staff requests direction to:

1. Approve additional funding in the amount of $169,008 and authorize City Manager to approve Amendment No.5 to the agreement with Arrington Watkins Architects, Inc., in substantial form to the attached Amendment No.5, for a revised contract cost of $2,541,160.00.
or

2. Do not approve replenishing the Construction Administration portion and provide staff direction.

CONCLUSION:

Review staff recommendations and provide staff direction.

ATTACHMENTS:
• Amendment No. 5 (PDF)
12 Packet Pg. 265

FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF EL CENTRO AND ARRINGTON WATKINS ARCHITECTS, INC. FOR PROFESSIONAL SERVICES

FOR THE POLICE STATION PROJECT
This is Amendment No. 5 to the Agreement between the City of El Centro (“City”) and Arrington Watkins Architects, Inc. (“Consultant”), individually (“Party”) and collectively (“Parties”).

Amendment No.5 shall be effective on the last signature date set forth below (“Effective Date”).

WHEREAS, the Parties entered into an agreement for design services relating to the Police Station Project, passed and adopted on April 6, 2021 by City Council Resolution No. 21-33, and executed on April 27, 2021 (“the Agreement”); and
WHEREAS, the Parties entered into a First Amendment on August 24, 2021 for additional services; and
WHEREAS, the Parties entered into a Second Amendment and Third Amendment on December 29, 2021 for additional services; and
WHEREAS, the Parties entered into a Fourth Amendment on , 2022 for additional services; and
WHEREAS, the Parties now wish to amend the Agreement as follows:

1. Section 3.1 “General” is amended as follows:

The City shall pay the Consultant for all the Consulting Services and all expenses related to performance under this Agreement in an amount not to exceed that set forth in the revised fee schedule attached hetero and incorporated herein as “Exhibit B” revised on , 2022. The Consultant shall be entitled for compensation for the Consulting Services under this Agreement, whether within the scope of work for any task, or as additional services, based on the fee schedule.

2. Section 3.3 “Manner of Payment” is amended as follows:

The Consultant shall complete all work required by this Agreement for a not to exceed sum of two million five hundred forty-one thousand one hundred sixty dollars and zero cents ($2,541,160.00).

3. All other terms and conditions of the Agreement shall remain the same.

12.a
Packet Pg. 266 Attachment: Amendment No. 5 (5494 : Police Station Project - AWA Budget) APPROVED:

CITY OF EL CENTRO ARRINGTON WATKINS
ARCHITECTS, INC.

By _________________________ By _________________________ Marcela Piedra, City Manager
Print Name __________________
Date ________________________ Title ________________________ Date ________________________

12.a
Packet Pg. 267 Attachment: Amendment No. 5 (5494 : Police Station Project - AWA Budget) City Council of the City of El Centro Meeting: 05/17/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Budget
Prepared By: Richard Romero
SCHEDULED Department Head: Richard Romero
ACTION ITEM (ID # 5443) DOC ID: 5443
Budget Workshop FY 2023 - Enterprise, Special Revenue and Capital Projects Funds
CITY MANAGER’S RECOMMENDATION:

For discussion
FISCAL IMPACT:

As discussed
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

The Enterprise, Special Revenue and Capital Project Fund budgets include allocations to fund the operations directly involved in the strategic plan goals of; Environmental Sustainability, Community Health, Safety & Welfare, Recreation & Lifelong Learning, City Beautification, Engagement & Civic Pride and Economic Opportunity DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

BACKGROUND:

It is the policy of the City of El Centro to prepare an annual budget including proposed expenditures and the revenues to be used to fund those expenditures. This is the second budget workshop for fiscal year 2023 and includes the Enterprise, Special Revenue and Capital Project Funds.

DISCUSSION:

Water
The preliminary FY 2023 budget includes revenues (including operating transfer-in) in the total amount of $9.1 million and expenditures in the total amount of $10.9 million.

Total expenditures include operating expenditures in the amount of $6.4 million, recommended capital outlays in the amount of $2.2 million and debt service payments of $2.3 million.

The working capital projected as of June 30, 2023 in the amount of $14.1 million includes reserves and designations in the total amount of $5.45 million. The designations are as follows:
$ 640,000 - 10% Reserves
$ 317,000 - Accrued Leave Liability
$4,500,000 - Replacement of Vehicle & Major Equipment
$5,457,000
13 Packet Pg. 268
Action Item (ID # 5443) Meeting of May 17, 2022
The following capital is recommended from the water fund ($2,193,318):
• $ 350,000 - Public Works ADA Compliance Restroom Construction (50%) • $ 7,500 - Safety Equipment
• $ 8,000 - Equipment
• $ 171,000 - New Distribution Pump
• $ 300,000 - Replace Filter Media
• $ 130,000 - Clarifier Maintenance
• $ 60,000 - Check valves Maintenance
• $ 100,000 - Shades for the Parking Lot
• $ 80,000 - Filter Gallery Ladder’s
• $ 500,000 - Raw water pond repairs
• $ 150,000 - Shades for filters
• $ 135,000 - Backhoe
• $ 141,298 - 5 Mid-size Pick Up Trucks
• $ 19,320 - 2 Gators
• $ 3,000 - Desktop Computer
• $ 38,200 - Computer software
$2,193,318
DISCUSSION - Wastewater
The preliminary FY 2023 budget includes revenues in the amount of $14.4 million of which $4.5 million is a transfer-in from capacity fees for capital projects. Expenditures total $18.3 million and include operational expenditures in the amount of $6.1 million, capital outlay in the amount of $9.9 million and debt service payments of $2.3 million.

The projected working capital as of June 30, 2023 in the amount of $13.5 million includes reserves and designations in the total amount of $3.8 million. The designations are as follows:
• $ 610,000 - 10% reserves
• $ 353,000 - accrued leave liability
• $2,800,000 - replacement of vehicle & major equipment $3,763,000
The following capital is being recommended from the wastewater fund ($9.9 million):
• $ 7,500 - Safety Equipment
• $ 8,000 - Field Equipment
• $ 800,000 - Rehabilitation of Alder Sewer Main Line
• $4,500,000 - Southern pump station construction
• $ 350,000 - Public Works ADA Compliance Restroom Construction (50%) • $ 750,000 - Secondary clarifiers rehab I & II
• $ 100,000 - Rehab water pump concrete structure
• $ 800,000 - Primary clarifiers I & II
13 Packet Pg. 269
Action Item (ID # 5443) Meeting of May 17, 2022
• $ 60,000 - Upgrade algae sweep system (Clarifiers III & IV) • $ 45,000 - SCADA System (Flow Totalizer)
• $ 600,000 - UV Trojan Disinfecting System
• $ 260,000 - UV Trojan Disinfecting System Equipment
• $ 350,000 - Southern Pump Station - Construction Mgnt • $ 140,000 - Dump Truck Single Axle
• $ 170,000 - Backhoe
• $ 240,000 - Sulzer Blower
• $ 500,000 - Parkson Dewatering Press
• $ 50,000 - 1 Pick Up Truck
• $ 100,000 - Trash Pump
• $ 10,000 - Air Conditioners
• $ 15,000 - Field and shop equipment
• $ 10,000 - Safety Equipment
• $ 10,700 - Computers
• $ 38,200 - Computer software
$ 9,914,400
DISCUSSION - Special Revenue Funds
Based on the projected fiscal year 2022 expenditures and revenues, the ending fund balance as of June 30, 2022 will be approximately $46.7 million. The projected ending fund balance as of June 30, 2023 is $38.4 million. This is a decline of $8.3 million however the decline in fund balance is due to the spending of designated funds as the various projects are completed. The major projects include the street projects, housing programs, park projects and measure P projects.

The preliminary FY 2023 budget includes revenues in the total amount of $23.5 million and expenditures in the total amount of $31.8 million. Total expenditures include operating expenditures in the amount of $3.5 million, loans in the amount of $687 thousand, recommended capital outlays in the amount of $24.5 million and transfers out in the net amount of $3.1 million.

The following are some of the projects recommended from special revenue funds in the total amount of $24.5 million:

Streets
• $2,700,000 - Miscellaneous street improvements
• $ 20,000 - Imperial Avenue land acquisition
• $2,819,270 - Imperial Avenue extension
• $ 50,000 - Shovel ready projects
• $ 905,000 - Ross Ave. overlay
• $ 100,000 - Colonia drainage
• $ 15,000 - Plaza/8th signal lights
• $ 15,000 - Speed Humps
• $ 240,000 - Pedestrian Improvements
• $ 175,000 - street striping maintenance
• $ 100,000 - Miscellaneous bus shelter improvements
13 Packet Pg. 270
Action Item (ID # 5443) Meeting of May 17, 2022
• $ 300,000 - Dogwood & Main Intersection
$7,439,270
Parks
• $ 448,051 - McGee Park Basketball Court & Lighting Project • $ 132,000 - I.V.Urban Forest Inventory Grant
• $ 277,670 - Measure P Various Park Improvements
• $1,022,881 - Buena Vista Park Project
• $5,190,000 - Gomez Park Improvements
$7,070,602
Sidewalks
• $ 10,000 - Sidewalks
Other
• $1,460,000 - ARPA - Chlorine Conversion & Raw Water Ponds • $5,000,000 - ARPA - Southern Pump Station
• $1,000,000 - ARPA - Storm Water Improvements
• $ 66,000 - City Hall Pedestrian & Vehicle Gates-Access $7,526,000
Measure P
• $ 1,259,934 - ADA City Hall Improvements
• $ 9,872 - IT-Server
• $ 333,825 - Reroofing City Hall Buildings
• $ 700,000 - Public Works ADA Restroom Project
• $ 150,000 - Police Station Design
$ 2,453,631
DISCUSSION - Capital Projects Funds
Based on the projected fiscal year 2022 expenditures and revenues, the ending fund balance as of June 30, 2022 will be approximately $9.9 million. The projected ending fund balance as of June 30, 2023 is $2.4 million.

The preliminary FY 2023 budget includes revenues in the total amount of $3.9 million and expenditures in the amount of $11.4 million. Expenditures include $1.5 million for loans out of the 2007 RDA Bonds and $4.9 million for the Library construction project and 5 million in street projects.

The total amount allocated for projects in the capital project funds is $9.9 million:
• $2,915,000 - Imperial Avenue Extension Phase II
• $ 823,000 - Imperial Avenue Extension
13 Packet Pg. 271
Action Item (ID # 5443) Meeting of May 17, 2022
• $ 150,000 - Alley Paving
• $ 23,000 - Plaza/8th street signals lights
• $1,008,671 - SE City Quadrant Project
• $4,986,599 - Library Construction Project
$9,906,270
CONCLUSION:

As discussed
ATTACHMENTS:
• Other Funds - 05-17-2022 (PPTX)
13 Packet Pg. 272
Budget Workshop
Fiscal Year 2022-2023
1 • Enterprise Funds
• Special Revenue Funds
• Capital Projects Funds

13.a
Packet Pg. 273 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Enterprise Funds
Self-supporting funds that sell goods and services to the public for a fee • Water
• Wastewater
2 13.a
Packet Pg. 274 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Revenue Projections
WATER
3 13.a
Packet Pg. 275 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Water Revenue Projections

REVENUE
SOURCE

PROJECTION
FY 2022
BUDGET
FY 2023
CHANGE
(MONETARY)
CHANGE
(PERCENTAGE)
Water Sales & Other Revenue 9,913,000 9,093,000 (820,000) (8%) TOTAL 9,913,000 9,093,000 (820,000) (8%)
TOTAL (Without State Agency) 9,045,000 9,093,000 48,000 1% 4 13.a
Packet Pg. 276 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Working Capital & Reserved
Designated/Unreserved Undesignated
WATER
5 13.a
Packet Pg. 277 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Water Working Capital
Beginning Working Capital 07/01/2022 15,911,104
Add: Projected Operating Revenue FY 2023 9,093,000
Less: Estimated Operating Expenses FY 2023 (6,430,849)
Net Revenue 2,662,151
Working Capital (Before Non-Operating Rev/Exp) 18,573,255 Non-Operating Revenues (Expenses)
Less: Debt Service FY 2023 (2,314,381)
Less: Capital Expenditures FY 2023 (2,193,318)
Total Non-Operating Revenues (Expenses) (4,507,699)
Ending Working Capital 06/30/2023 14,065,556
6 13.a
Packet Pg. 278 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Water Reserved Designated/Unreserved
Undesignated
Total Working Capital 06/30/2023 14,065,556
Less: 10% Reserve – Economic Uncertainties (640,000)
Less: Designation for Accrued Leave Liability (317,000) Less: Designation for Vehicle & Major Equipment (4,500,000) Total Designated/Reserved Working Capital (5,457,000)
Total Undesignated/Unreserved Working Capital 8,608,556 7 13.a
Packet Pg. 279 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Revenue Projections

WASTEWATER
8 13.a
Packet Pg. 280 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Wastewater Revenue Projections

REVENUE
SOURCE

PROJECTION
FY 2022
BUDGET
FY 2023
CHANGE
(MONETARY)
CHANGE
(PERCENTAGE)
Current Charges & Other Revenue 9,814,800 14,414,000 4,599,200 47% TOTAL 9,814,800 14,414,000 4,599,200 47%
TOTAL (Without Transfers In) 9,814,800 9,914,000 99,200 1% 9 13.a
Packet Pg. 281 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Working Capital & Reserved
Designated/Unreserved Undesignated

WASTEWATER
10 13.a
Packet Pg. 282 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Wastewater Working Capital
Beginning Working Capital 07/01/2022 17,496,988
Add: Projected Operating Revenue FY 2023 9,914,000
Less: Estimated Operating Expenses FY 2023 (6,132,996)
Net Revenue 3,781,004
Working Capital (Before Non-Operating Rev/Exp) 21,277,992 Non-Operating Revenues (Expenses)
Add: Transfer-In 4,500,000
Less: Debt Service (2,332,952)
Less: Capital Expenditures (9,914,400)
Total Non-Operating Revenues (Expenses) (7,747,352)
Ending Working Capital 06/30/2023 13,530,640
11 13.a
Packet Pg. 283 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Wastewater Reserved Designated/Unreserved
Undesignated
Total Working Capital 06/30/2023 13,530,640
Less: 10% Reserve – Economic Uncertainties (610,000)
Less: Designation for Accrued Leave Liability (353,000) Less: Designation for Vehicle & Major Equipment (2,800,000) Total Designated/Reserved Working Capital (3,763,000)
Total Undesignated/Unreserved Working Capital 9,767,640 12 13.a
Packet Pg. 284 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Capital Outlay Requests
WATER
13 13.a
Packet Pg. 285 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Total Requests:
$2,193,318
Total Recommendations:
$2,193,318
Capital Outlay Requests – Water
14 13.a
Packet Pg. 286 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue,

WATER SYSTEM MAINTENANCE
Item(s) Requested
Amount
Requested
Amount
Recommended
ADA Compliant Restroom (50%) $350,000 $350,000
Safety Equipment $7,500 $7,500
Field Equipment $8,000 $8,000
TOTAL $365,500 $365,500
15 13.a
Packet Pg. 287 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue,

WATER TREATMENT PLANT
Item(s) Requested
Amount
Requested
Amount
Recommended
Clarifier Maintenance $130,000 $130,000
Check Valves Maintenance $60,000 $60,000
Raw Water Ponds Repair $500,000 $500,000
New Distribution Pump $171,000 $171,000
Filter Media Replacement $300,000 $300,000
Filter Gallery Ladders $80,000 $80,000
Shade for Filters $150,000 $150,000
Shade for Parking Lot $100,000 $100,000
Backhoe $135,000 $135,000
Mid-Size Trucks (5) $141,298 $141,298
Gators TX California (2) $19,320 $19,320
Desktop Computer (Meter Shop) $3,000 $3,000
TOTAL $1,789,618 $1,789,618
16 13.a
Packet Pg. 288 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue,

WATER ADMINISTRATION
Item(s) Requested
Amount
Requested
Amount
Recommended
MUNIS Software (50%) $38,200 $38,200
TOTAL $38,200 $38,200
17 13.a
Packet Pg. 289 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Total Requests:
$9,914,400
Total Recommendations:
$9,914,400
Capital Outlay Requests – Wastewater
18 13.a
Packet Pg. 290 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue,

WASTEWATER CAPACITY FEES
Item(s) Requested
Amount
Requested
Amount
Recommended
Southern Pump Station – Construction $4,500,000 $4,500,000 TOTAL $4,500,000 $4,500,000
19 13.a
Packet Pg. 291 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue,

WASTEWATER SYSTEM MAINTENANCE
Item(s) Requested
Amount
Requested
Amount
Recommended
ADA Compliant Restroom (50%) $350,000 $350,000
Alder Sewer Main Line Rehabilitation $800,000 $800,000
Safety Equipment $7,500 $7,500
Field Equipment $8,000 $8,000
TOTAL $1,165,500 $1,165,500
20 13.a
Packet Pg. 292 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue,

WASTEWATER TREATMENT PLANT
Item(s) Requested
Amount
Requested
Amount
Recommended
Dump Truck Single Axle $140,000 $140,000
Backhoe $170,000 $170,000
Sulzer Blower $240,000 $240,000
Parkson Dewatering Press $500,000 $500,000
Truck $50,000 $50,000
Secondary Clarifiers Rehabilitation I & II $750,000 $750,000 Rehabilitation Water Pump Concrete Structure $100,000 $100,000 SCADA System (Flow Totalizer) $45,000 $45,000
Trash Pump (6” Portable) $100,000 $100,000
Algae Sweep System Upgrade (Clarifiers III & IV) $60,000 $60,000 Primary Clarifiers I & II $800,000 $800,000
UV Trojan Disinfecting System Equipment $260,000 $260,000 UV Trojan Disinfecting System Equipment - Installation $600,000 $600,000 Southern Pump Station – Construction Management $350,000 $350,000 Field and Shop Equipment $15,000 $15,000
Air Conditioners $10,000 $10,000
Safety Equipment $10,000 $10,000
Computers $10,700 $10,700
TOTAL $4,210,700 $4,210,700
21 13.a
Packet Pg. 293 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue,

WASTEWATER ADMINISTRATION
Item(s) Requested
Amount
Requested
Amount
Recommended
MUNIS Software (50%) $38,200 $38,200
TOTAL $38,200 $38,200
22 13.a
Packet Pg. 294 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Special Revenue Funds
Revenues restricted to a specific project or activity
23 13.a
Packet Pg. 295 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Fund Balance – Special Revenue
Beginning Fund Balance 07/01/2022 46,732,014
Add: Projected Operating Revenue FY 2023 23,464,894
Less: Estimated Operating Expenses FY 2023 (3,529,139)
Net Revenue 19,935,755
Fund Balance (Before Non-Operating Rev/Exp) 66,667,769
Non-Operating Revenues (Expenses)
Less: Capital Expenditures (24,499,503)
Less: Transfers-Out (3,109,319)
Less: Loans (686,736)
Total Non-Operating Revenues (Expenses) (28,295,558)
Ending Fund Balance 06/30/2023 38,372,211
24 13.a
Packet Pg. 296 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Total Requests:
$24,499,503
Total Recommendations:
$24,499,503
Capital Outlay Requests –
Special Revenue Fund
25 13.a
Packet Pg. 297 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue,

STREETS
Item(s) Requested
Amount
Requested
Amount
Recommended
Miscellaneous Street Improvements $2,700,000 $2,700,000 Imperial Avenue Land Acquisition $20,000 $20,000
Imperial Avenue Extension $2,819,270 $2,819,270
Shovel Ready Projects $50,000 $50,000
Ross Avenue Overlay $905,000 $905,000
Colonia Drainage $100,000 $100,000
Plaza/8th Street Signal Lights $15,000 $15,000
Speed Humps $15,000 $15,000
Pedestrian Improvements $240,000 $240,000
Street Striping Maintenance $175,000 $175,000
Miscellaneous Bus Shelter Improvements $100,000 $100,000 Dogwood & Main Intersection $300,000 $300,000
TOTAL $7,439,270 $7,439,270
26 13.a
Packet Pg. 298 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, PARKS
Item(s) Requested
Amount
Requested
Amount
Recommended
McGee Park Basketball Court & Lighting Project $448,051 $448,051 I.V. Urban Forest Inventory Grant $132,000 $132,000
Measure P – Various Park Improvements $277,670 $277,670 Buena Vista Park Project $1,022,881 $1,022,881
Gomez Park Improvements $5,190,000 $5,190,000
TOTAL $7,070,602 $7,070,602
27 13.a
Packet Pg. 299 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue,

SIDEWALKS
Item(s) Requested
Amount
Requested
Amount
Recommended
Sidewalks $10,000 $10,000
TOTAL $10,000 $10,000
28 13.a
Packet Pg. 300 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, OTHER
Item(s) Requested
Amount
Requested
Amount
Recommended
ARPA – Chlorine Conversion & Raw Water Ponds $1,460,000 $1,460,000 ARPA – Southern Pump Station $5,000,000 $5,000,000
ARPA – Storm Water Improvements $1,000,000 $1,000,000
City Hall Pedestrian & Vehicle Gates – Access $66,000 $66,000 TOTAL $7,526,000 $7,526,000
29 13.a
Packet Pg. 301 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue,

MEASURE P
Item(s) Requested
Amount
Requested
Amount
Recommended
ADA City Hall Improvements $1,259,934 $1,259,934
IT – Server $9,872 $9,872
Reroofing City Hall Buildings $333,825 $333,825
Public Works ADA Restroom Project $700,000 $700,000
Police Station Design $150,000 $150,000
TOTAL $2,453,631 $2,453,631
30 13.a
Packet Pg. 302 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Capital Project Funds
Used to account for acquisition and construction of major capital facilities other than those financed by proprietary funds
31 13.a
Packet Pg. 303 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Fund Balance – Capital Project Funds
Beginning Fund Balance 07/01/2022 9,898,874
Add: Projected Operating Revenue FY 2023 3,941,660
Less: Estimated Operating Expenses FY 2023 (0)
Net Revenue 3,941,660
Fund Balance (Before Non-Operating Rev/Exp) 13,840,534
Non-Operating Revenues (Expenses)
Less: Capital Expenditures (9,906,270)
Less: Loans (1,500,000)
Total Non-Operating Revenues (Expenses) (11,406,270)
Ending Fund Balance 06/30/2023 2,434,264
32 13.a
Packet Pg. 304 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Total Requests:
$9,906,270
Total Recommendations:
$9,906,270
Capital Outlay Requests – Capital
Project Funds
33 13.a
Packet Pg. 305 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue,

CAPITAL PROJECT FUNDS
Item(s) Requested
Amount
Requested
Amount
Recommended
Imperial Avenue Extension Phase II $2,915,000 $2,915,000 Imperial Avenue Extension $823,000 $823,000
Alley Paving $150,000 $150,000
Plaza/8th Street Signal Lights $23,000 $23,000
SE City Quadrant Project $1,008,671 $1,008,671
Library Construction Project $4,986,599 $4,986,599
TOTAL $9,906,270 $9,906,270
34 13.a
Packet Pg. 306 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, Questions?
35 13.a
Packet Pg. 307 Attachment: Other Funds - 05-17-2022 (5443 : Budget Workshop FY 2023 - Enterprise, Special Revenue, City Council of the City of El Centro Meeting: 05/17/22 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Appointment
Prepared By: Aimee Osuna
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 5510) DOC ID: 5510
Discussion and any necessary action regarding
appointments to the Library & Community Services Board.

CITY MANAGER’S RECOMMENDATION:

Mayors Recommendation: Appointments to the Library & Community Services Board for (1) unscheduled vacancy Voting member with term ending on June 30, 2022 and (1) unscheduled vacancy Non-Voting member with term ending June 30, 2023.

ATTACHMENTS:
• Memo - Library & Community Services Board 10-17-17 (PDF) • Angie M Pena_Redacted(PDF)
• Sonia Carter_Redacted (PDF)
• Rosendo Gerardo Garcia_Redacted (PDF)
• Linda J. Gardner_Redacted (PDF)
• Ronald Redden - Redacted (PDF)
14 Packet Pg. 308

M E M O R A N D U M
TO: Tomás Oliva, Mayor & City Council
FROM: Norma Wyles, City Clerk
RE: Vacancies on the Boards and Commissions
DATE: May 17, 2022
LIBRARY AND COMMUNITY SERVICES BOARD:

Two (2) vacancies exist – One (1) Voting Member and One (1) Non-Voting Member Voting member term ending June 30, 2022.

The following individuals would like to be considered for appointment. a) Angela Peña
b) Sonia Carter
c) Linda J. Gardner
d) Rosendo Garcia
e) Ronald Lee Redden
Non-Voting member term ending June 30, 2023.

The following individuals would like to be considered for appointment. a) Linda J. Gardner
b) Rosendo Garcia

14.a
Packet Pg. 309 Attachment: Memo - Library & Community Services Board 10-17-17 (5510 : Appointment to Library & Community Services Board)

14.b
Packet Pg. 310 Attachment: Angie M Pena_Redacted (5510 : Appointment to Library & Community Services Board)

14.b
Packet Pg. 311 Attachment: Angie M Pena_Redacted (5510 : Appointment to Library & Community Services Board)

14.b
Packet Pg. 312 Attachment: Angie M Pena_Redacted (5510 : Appointment to Library & Community Services Board)

14.b
Packet Pg. 313 Attachment: Angie M Pena_Redacted (5510 : Appointment to Library & Community Services Board)

14.b
Packet Pg. 314 Attachment: Angie M Pena_Redacted (5510 : Appointment to Library & Community Services Board)

14.e
Packet Pg. 315 Attachment: Sonia Carter_Redacted (5510 : Appointment to Library & Community Services Board)

14.e
Packet Pg. 316 Attachment: Sonia Carter_Redacted (5510 : Appointment to Library & Community Services Board)

14.f
Packet Pg. 317 Attachment: Rosendo Gerardo Garcia_Redacted (5510 : Appointment to Library & Community Services Board)

14.f
Packet Pg. 318 Attachment: Rosendo Gerardo Garcia_Redacted (5510 : Appointment to Library & Community Services Board)

14.f
Packet Pg. 319 Attachment: Rosendo Gerardo Garcia_Redacted (5510 : Appointment to Library & Community Services Board)

14.f
Packet Pg. 320 Attachment: Rosendo Gerardo Garcia_Redacted (5510 : Appointment to Library & Community Services Board)

14.f
Packet Pg. 321 Attachment: Rosendo Gerardo Garcia_Redacted (5510 : Appointment to Library & Community Services Board)

14.f
Packet Pg. 322 Attachment: Rosendo Gerardo Garcia_Redacted (5510 : Appointment to Library & Community Services Board)

14.f
Packet Pg. 323 Attachment: Rosendo Gerardo Garcia_Redacted (5510 : Appointment to Library & Community Services Board) City of El Centro
1275 Main Street, El Centro, CA 92243
(760) 337-4515

APPLICATION FOR APPOINTMENT TO CITIZENS' BOARDS/COMMISSIONS This application is a public document
N Linda J. Gardner
ame: ------------------ Phone Number:

Residence Address: 2203 Chaparral Drive, El Centro, CA 92243 Mailing Address (if different than above): 515 W Main Street., El Centro, CA Contact Email
:

Employer
: N Your Home Healthcare Position: Director/Owner
Business Address: 51 5 W Main St. EC
Business Phone: 2
Are you a resident of El Centro? Yes __ X __ No ___ _ If yes, how long? 19 yrs *************************************************************************************************** Please indicate the Citizen Board/Commission that you are interested in serving on. If you are interested in more than one board/commission, please indicate your preferences in order (
1 st, 2nd , 3rd choice).
___ Building Board of Appeals (No residency requirement) _1_s_t_ Board of Trustees - ECRMC (No residency requirement. qualifications criteria required) _2_nd__ Library and Community Services Board - Voting Member (Must be registered voter of El Centro) _3_r_d
_ Library and Community Services Board - Non-Voting Member (Must be register voter of El Centro) ___ Imperial Valley Housing Authority (No residency requirement) ___ Personnel Appeals Board (City resident)
___ Planning Commission (City resident or live within sphere of innuence) Please note that resumes will not be accepted in lieu of this application. Information concerning a particular commission is available from the City Clerk's Office on request, telephone (760) 337-4515.

14.i
Packet Pg. 324 Attachment: Linda J. Gardner_Redacted (5510 : Appointment to Library & Community Services Board) Education Background:

Central Union High School -1978-1980 (GED) ........ Imperial Valley College 1980-1983 (Business) Charter Business Administrator School - 1994-1996 ( Business Administrator) Licensed by State Of CA as a Administrator Napa Valley College - 1997-1999 (Nursing) HHA/RCFE
Please list any special skills, civic or community involvement or memberships, interests, past El Centro Citizen Commissions you have served on, etc: (Use additional pages, if you desire.) Area Agency On Aging - Senior Health Care, El Centro, Imperial Valley Social Justice Committe, San Diego Resource Centrer (Respite Prg.) Work Training Center (MSSP) San Diego Regional Center (Vendorize) Meal On Wheels - Fairfield, CA., California Department of Aging (certificate) Additional comments: (Use additional pages, if you desire) In 1994 I started Safe Haven Home Care - employed over 500 employees In 2008 I started N Your Home Health Care - employee over 350 employees In 2008 I started the only Pediatric Medical Home Health In the Imperial Valley Please list three local references:

1. Marlene Thomas, Community Activist -

2. Dr. Andre DeJean, Medical Director -

3. Angie Gastellus, Clinical Supervisor Of Nursing -

NO NEGATIVE NOTIFICATION WILL BE MADE, AS VACANCIES ON COMMISSIONS ARE NOT PREDICTABLE AND THE CITY COUNCIL WOULD LIKE TO BE ABLE TO KEEP YOUR APPLICATION ON FILE FOR CONSIDERATION IN THE FUTURE. YOUR APPLICATION WILL BE RETAINED ON FILE FOR TWO (2) YEARS.

I am willing to fulfill all requirements of a Citizen Commissioner or Board Member. • I am willing to file financial disclosure statement (Form 700) a public record, as required by the State and the City's Conflict of Interest Code.
• I am willing to attend/complete the required two hours of State mandated Ethics training every two years. • I understand continued absences or failure to file a Statement of Economic Interest may be grounds for dismissal/automatic removal from office (Sec. 2-3, Code of the City of El Centro).

I hereby certify under penalty of disqualification and termination that I agree to all requirements mentioned above, and have provided correct and truthful information on this application.

Date: May 17, 2021
PLEASE NOTE: Any i ormation appearing on this application will be of public record and your application may appear on the City of El Centro website (internet). If you do not wish for your application to be placed on the website (internet), please notify the City Clerk's Office.

Please return this application along with any supplemental sheets to the Office of the City Clerk, City Hall, 1275 l),'lain Street, El Centro, CA 92243. Any questions, related to the application, please contact City Clerk's Office at 760-337-4515.

14.i
Packet Pg. 325 Attachment: Linda J. Gardner_Redacted (5510 : Appointment to Library & Community Services Board) May 17, 2021
To The El Centro City Council,
Thank you for considering my application for Appointment To Citizens' Boards/Commissions. I believe myself to be competent in this area and can offer the specific skills and experience you are looking for:
• Audit, Finance & Risk Management- I am a member of the Governance & Audit Committees at N Your Home HealthCare and I have contributed to the Board's consideration of Governance arrangements by ... • High Level Financial Competence - I am a qualified bookkeeper with a broad base of finance skills but also have the experience to take a lead role.

I can demonstrate dedication to the role and can meet the time commitment to read all papers, prepare for, attend and contribute to meetings in line with the work of the finance and audit committee. I can also undertake to attend training and development and engage pro-actively in the induction process.
• I can analyze complex information and reach sensible conclusions by demonstrating the ability to communicate effectively with a diverse range of people in a constructive manner.
• I can work with others effectively and believe teamwork enhances overall performance and can lead to better decisions and services.

In terms of personal qualities:
• I can demonstrate that I share the values including that of probity in public life and can also demonstrate a commitment to the City of El Centro cultural elements ...
• I have a 'duty of care' ethos which is at the heart of everything I do, and I belie,ve investing in a diverse workforce enables better performance and a more inclusive customer service.

Linda Gardner, CEO

14.i
Packet Pg. 326 Attachment: Linda J. Gardner_Redacted (5510 : Appointment to Library & Community Services Board) Gity of El Gentro
1275 Main Street, El Centro , CA 92243
(760) 337- 4515

APPLICATION FOR APPOINTMENT TO GITIZENS' BOARDS/COMMISSIONS This application is a public document
Name: f?"r^ ".f A l^te t(o-dt. ,". phone Number:

Residence Address:

Mailing Address (if different than above)
Contact Email
Employer: n-o {t ,^. \
Business Address
Are you a resident of El Centro? Yes YNo
Position: V"P
I"Yranqler -
Business Phone:-
u agni n(t (i
lf yes, how long? .<Dyr:
********
Please indicate the Citizen Board/Commission that you are interested in serving on. lf you are interested in more than one board/commission, please indicate your preferences in order (1tt, 2no , 3'd choice).

Building Board of Appeals (No residency requirement)
Board of Trustees - ECRMC 1No residency requirement, qualifications criteria required) Y Library and COmmunity Services Board - votins Member (Must be registered voter of Et Cenrro) Libfary and COmmUnity Services Boafd - Non-voting Member (Must be register voter of Et Centro) lmperial Valley Housing Authority (No residency requirement) Personnel Appeals Board (city resident)
Planning COmmiSSiOn (City resident or live within sphere of influence) Please note that resumes will not be accepted in lieu of this application. lnformation concerning a particular commission is available from the City Clerk's Office on request, telephone (760) 3374515.

14.j
Packet Pg. 327 Attachment: Ronald Redden - Redacted (5510 : Appointment to Library & Community Services Board) Education Background:

S*h.o I
Cr. 1
lr<
Please !ist any special civic or community involvement or memberships, interests, past El Centro Citizen Commissions you have served on, etc: (Use additional pages, if you desire.) Additional comments: (Use additional pages, if you desire) fly'{tr'rstUe o-q'r\ LLr\"I}-u/([ pn-*s-f + dre g
t,(
Please list three local references:
t.

2. 3. h,'.1

NO NEGATIVE NOTIFICATION WILL BE MADE, AS VACANCIES ON COMMISSIONS ARE NOT PREDICTABLE AND THE CITY COUNCIL WOULD LIKE TO BE ABLE TO KEEP YOUR APPTICATION ON FIIE FOR CONSIDERATION IN THE FUTURE. YOUR APPLICATION WlLt BE RETAINED ON FILE FOR TWO (2) YEARS. r I am willing to file financial disclosure statement (Form 700) a public record, as required by the State and the City's Conflict of lnterest Code.
o I am wllling to attend/complete the required two hours of State mandated Ethics training every two years. o I understand continued absences or failure to file a Statement of Economic lnterest may be grounds for dismissal/automatic removal from office (Sec. 2-3, Code of the City of El Centro).

I hereby certify under penalty of disqualification and termination that I agree to all requirements mentioned above and have provided correct and truthful information on this application.

PLEASE NOTE: Any information appearing on this application will be of public record and your application may appear on the City of EI Centro website (internet). lf you do not wish for your application to be placed on the website (internet), please notify the City Clerk's Office.

Please return this application along with any supplemental sheets to the Office of the City Clerk, City Hall, 1275 Main Street, El Centro, CA92243. Any questions, related to the application, please contact City Clerk's Office at 760-337-451,5.

Signature: Date:

I am willing to fulfill all requirements of a Citizen Commissioner or Board Member.

14.j
Packet Pg. 328 Attachment: Ronald Redden - Redacted (5510 : Appointment to Library & Community Services Board) City Council of the City of El Centro Meeting: 05/17/22 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Informational
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
INFORMATION ITEM (ID # 5520) DOC ID: 5520
Fireworks Ordinance Update
Background
On February 18, 2014, the City Council adopted Ordinance No. 14-05 which amended the Municipal Code by adding Article V to Chapter 10 (Fireworks Ordinance) establishing regulations related to fireworks (Exhibit A). In summary, Ordinance No. 14- 05 established a permit system allowing up to four local non-profit organizations to sell “Safe and Sane” fireworks as defined in California Health and Safety Code 12529 and 12562. Since then, the City Council amended the Fireworks Ordinance in 2017 adding one additional permit for a total of five vendors. The amendment also provided priority applicant status to organizations who have previously operated a fireworks stand in compliance with City Code.

City staff have seen an increase in complaints regarding the use of fireworks during Fourth of July and New Year’s Eve. El Centro Police Officers have responded to an increasing number of incidents related to fireworks in the last five years. Please refer to the chart below (Figure 1) prepared by the Police Department. This matter was brought before the City Council and Community Enhancement Task Force for discussion during January 2021. Principally the complaints are due to the negative impact to pets from by the noise and light from exploding fireworks. Noise that causes pets to be frightened or stressed that may cause them to run from their homes and become lost.

Figure 1- Fireworks Calls ECPD Responded
15 Packet Pg. 329
Information Item (ID # 5520) Meeting of May 17, 2022
Fireworks Ordinance
Safe and Sane Fireworks -The City Ordinance only allows for the sale and use of Safe and Sane Fireworks between June 28th and July 6th every year. Safe and Sane Fireworks are classified by the State Fire Marshal and doesn’t include fireworks that explode, go into the air, or move on the ground in an uncontrollable manner. Safe and sane fireworks are marked with a seal shown in Figure 2 below.

Figure 2-Safe and Sane Fireworks Seal
City Permit Process - City ordinance allows for five vendors to sell approved fireworks.

Vendors must be an El Centro based non-profit community organization. Applications for fireworks permits must be submitted between March 15th and March 30th every year.

The City has a total of five permits that may be issued. In the case where there are more than five eligible applicants, priority is given to “Priority Applicants” that have obtained a fireworks permit for two consecutive years. Any remaining permits are issued to qualified applicants through a random drawing. Once selected for a permit, applicants must attend a safety seminar, provide proof of retail fireworks licenses, State Board of Equalization Temporary sales tax permit, payment of the fireworks sales permit fee of, and provide proof of insurance coverage.

Operation requirements – Section 10-73 provides a detailed list of operating requirements for fireworks stands. Notably, fireworks stands may only operate between June 28th and July 6th; be located in the CH-Heavy Commercial, CG-General Commercial, MG-General Manufacturing, or ML-Light Manufacturing zones; and be placed on a all-weather surface with adequate off-street parking. This is addition to numerous fire and safety requirements that include setbacks from buildings/hazardous structures, accessory electrical wiring, and other requirements. Adherence to these requirements are reviewed during an inspection conducted by the Fire Department and Community Development Staff.

Illegal Fireworks
It is believed that complaints arise from the use of illegal fireworks that are not sold by City permit holders. As a reminder, fireworks that explode or fly up in the air are not classified “Safe and Sane” by the Fire Marshall and are otherwise illegal to be purchase by consumers in California. These include aerial shells or sky/bottle rockets which produce loud noise and flashes that effect pets. Because these fireworks are not permitted in California it is believed that residents are purchasing illegal fireworks outside jurisdiction of the State such as a neighboring state or nearby Indian Reservation. It is important to note that State of Arizona also regulates the sale of fireworks and prohibit the use of sky/bottle rockets and aerial fireworks.

Next Steps
In anticipation of the Fourth of July holiday and continuing community concerns, the City 15 Packet Pg. 330
Information Item (ID # 5520) Meeting of May 17, 2022
will be conducting public announcements regarding the following topics:
• Increase enforcement and reminding residents that use or possession of illegal fireworks is a misdemeanor
• Education on “Safe and Sane” fireworks and illegal fireworks • How pets are negativity impacted by illegal fireworks • Location of “Safe and Sane” firework vendors in the City • Contact information to report suspected use of illegal fireworks Additional actions that are being considered by staff is introducing a Social Host Ordinance for illegal fireworks. Briefly, the Social Host Ordinance will make the property owner, renter/leaser, or person responsible for an event liable the use or possession of illegal fireworks. Currently, an individual will need to be seen using illegal fireworks or have it in their possession, making it difficult to identify the responsible party.

ATTACHMENTS:
• Exhibit A - Fireworks Ordinance (PDF)
15 Packet Pg. 331
- CHARTER COMPARATIVE TABLE
Chapter 10 - FIRE PREVENTION AND PROTECTION
ARTICLE V. FIREWORKS
El Centro, California, Code of Ordinances Created: 2022-04-26 16:14:57 [EST] (Supp. No. 118)

ARTICLE V. FIREWORKS
Sec. 10-65. Purpose and intent.

The purpose of this article is to regulate the sale, use and storage of fireworks in an attempt to prevent fires which may result from the improper sale, use or storage of fireworks. This article is added to permit the sale and storage of safe and sane fireworks as defined in California Health and Safety Code §§ 12529 and 12562 within the territorial limits of the city during the period beginning at noon on the twenty-eighth (28th ) day of June and ending at midnight on the sixth (6th ) day of July of each calendar year and to permit use of safe and sane fireworks until 11:00 p.m. during this time period.
(Ord. No. 14-05, § 1)
Sec. 10-66. Definitions.

For the purpose of this article, the following words and phrases are defined as follows:

Application means a temporary use permit application with the city.

City means the City of El Centro.

City clerk means the City Clerk of the City of El Centro or his/her designee.

City council means the City Council of the City of El Centro.

City manager means the City Manager of the City of El Centro or his/her designee.

Code means the City of El Centro Municipal Code.

Dangerous fireworks shall have the same meaning as set forth in Health and Safety Code §§ 12505 and 12561 and the relevant sections of Title 19, Code of Regulations, subchapter 6 which are hereby incorporated by reference.

Fire chief means the fire chief of the city or his/her designee.

Fireworks sales permit means a permit issued in accordance with this article.

Fireworks stand means any building, counter, or other structure of a temporary nature, and in compliance with the Code, used in the sale, offering for sale, or display for sale of safe and sane fireworks.

Fireworks wholesaler means any person who sells fireworks to other persons for resale by such persons.

Minor means any person under the age of eighteen (18) years.

Nonprofit organization shall mean any nonprofit association, charity or corporation organized primarily for veteran, patriotic, welfare, civic betterment, athletic, educational, youth development or charitable purposes pursuant to the Internal Review Code §§ 501(c)3, 4, 6, 7, 8, 9 10, 23, or 26 that serves, in whole or in part, the residents of the city.

Permittee means a qualified applicant that has been awarded a fireworks sales permit by the city.

Police chief means the police chief of the city or his/her designee.

15.a
Packet Pg. 332 Attachment: Exhibit A - Fireworks Ordinance (5520 : Fireworks Ordinance Update) Created: 2022-04-26 16:14:57 [EST]
(Supp. No. 118)

Priority applicant is a permitee that has obtained a fireworks permit for two (2) consecutive years, which remains a qualified applicant, and which has been in compliance with all the provisions of this ordinance and the applicable provisions of state law during the permit periods.

Qualified applicant shall mean any group or organization which has met all of the following criteria for a continuous period of not less than one (1) full year preceding submittal of an application for a fireworks sales permit required by this article and which continues to meet the criteria for the duration of any permit to sell issued by the city pursuant to this article.
(1) The organization shall be a nonprofit organization pursuant to the Internal Revenue Code or California Revenue and Taxation Code or a group which is an integral part of a recognized national organization having such tax-exempt status or an organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district that serves, in whole or in part, the residents of the city. Only one application per school will be allowed. If an organization is affiliated with a recognized educational institution as defined in this section, but maintains a separate tax exempt status with the Internal Revenue Service or the California Franchise Tax Board, said nonprofit organization shall be allowed a separate application.
(2) The organization shall be organized primarily for veteran, patriotic, welfare, civic betterment, athletic, educational, youth development or charitable purposes;
(3) The organization must have its principal and permanent meeting place within the city; (4) The organization must be one which provides direct and regular community services and benefits to the residents of the city;
(5) The organization must have a minimum bona fide membership of at least twenty (20) members who either reside in the city, are employed in the city, or are owners or operators of a business or other establishment located in the city;
(6) The organization must not have been found by any court of competent jurisdiction or city administrative hearing officer to be in violation of any civil or criminal local, state or federal law relating to fireworks within twenty-four (24) calendar months prior to the organization's submittal of an application for a permit to sell;
(7) The organization must not have a permit to sell revoked within twenty-four (24) months prior to the organization's submittal of an application for a permit to sell.

Safe and sane fireworks means safe and sane fireworks as defined in Health and Safety Code §§ 12529 and 12562 and the relevant sections of Title 19, Code of Regulations, subchapter 6 which are hereby incorporated by reference.
(Ord. No. 14-05, § 1; Ord. No. 17-03 , § 1, 3-21-17)
Sec. 10-67. General prohibition against possession, retail sale or use of dangerous fireworks.

No person shall possess, sell, use, display or explode any dangerous fireworks, including, but not limited to, any rocket, firecracker, roman candle, squib, torpedo, wire core sparkler, black cartridge, aerial shell or other combustible device or explosive substance or any kind of fireworks, by whatever name known, within the city. (Ord. No. 14-05, § 1)

15.a
Packet Pg. 333 Attachment: Exhibit A - Fireworks Ordinance (5520 : Fireworks Ordinance Update) Created: 2022-04-26 16:14:57 [EST]
(Supp. No. 118)

Sec. 10-68. Possession, retail sale and use of safe and sane fireworks temporarily permitted.

It shall be lawful to possess, sell or display safe and sane fireworks within the city during the time period beginning at noon on the twenty-eighth (28th ) day of June and ending at midnight on the sixth (6th ) day of July of the same year. Retail sale to the public of safe and sane fireworks is permitted between 8:00 a.m. and 10:00 p.m. and use is permitted until 11:00 p.m. during this time period. (Ord. No. 14-05, § 1; 15-02 , § 1, 3-3-15)
Sec. 10-69. Safe and sane fireworks permitted.

Except as provided in this article, no person shall sell or offer to sell, at retail, any fireworks within the territorial limits of the city without a fireworks sales permit first being issued to a qualified applicant as defined in this article.
(1) No qualified applicant shall be granted more than one (1) fireworks sales permit or operate more than one (1) fireworks stand during any one calendar year.
(2) A permittee hereunder may enter into a participation agreement with one or more qualified applicants to jointly sell fireworks provided the permittee and each qualified applicant shall assume jointly the responsibility for compliance with all city ordinances and regulations and that the permittee and each qualified applicant shall be listed as such on the fireworks sales permit. (3) The maximum number of fireworks sales permits that shall be issued to qualified applicants is five (5). (4) Fireworks stands shall be located in the CH, heavy commercial, CG, general commercial, MG, general manufacturing and ML, light manufacturing zones only.
(5) If the number of qualified applicants for fireworks sales permits exceeds the number of fireworks sales permits available for issuance, the fire chief shall conduct a random drawing to determine to whom the available fireworks sales permits shall be issued. Permittees shall have fourteen (14) calendar days to submit all information required by section 10-71 and to pay the established fireworks sales permit fee. (6) If the number of qualified applicants for fireworks sales permits exceeds the number of fireworks sales permits available for issuance, a priority applicant shall have priority over other qualified applicants. If there are any remaining unassigned permits, the fire chief shall conduct a random drawing to determine to whom the available fireworks sales permits shall be issued. All successful permittees shall have fourteen (14) calendar days to submit all information required by section 10-71 and to pay the established fireworks sales permit fee.
(Ord. No. 14-05, § 1; Ord. No. 17-03 , § 2, 3-21-17)
Sec. 10-70. Fireworks sales permit requirements.

A qualified applicant seeking to sell safe and sane fireworks shall submit an application for a fireworks sales permit to the community development department.
(1) The application shall include, but not be limited to, the following documentation:
a. A detailed and specific description of the proposed location of the fireworks stand with a letter signed by the owner of the property, or the owner's agent, upon which the fireworks stand is proposed to be located, confirming the owner has given permission for the use of the property for such purposes.

15.a
Packet Pg. 334 Attachment: Exhibit A - Fireworks Ordinance (5520 : Fireworks Ordinance Update) Created: 2022-04-26 16:14:57 [EST]
(Supp. No. 118)

b. A written statement by the qualified applicant stating that the qualified applicant shall, at the time of receipt of a fireworks sale permit, deliver to the city a certificate of endorsement evidencing a policy of public liability and property damage insurance naming the city as an additional insured thereunder, with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate. No policy will be acceptable which contains a provision allowing a deductible amount.
c. Proof that the qualified applicant has met the requirements set forth in section 10-66. d. Documentation demonstrating current tax-exempt status. e. The application shall be signed by an authorized officer or director of the qualified applicant. f. A written statement describing the benefits the qualified applicant provides to the city. g. The application shall include a statement that the officers and agents of the qualified applicant shall agree to comply strictly with the terms of this article and the terms of the fireworks sales permit granted in the article and to furnish such additional information as requested by the city. (2) The application must be submitted between the fifteenth (15th ) day of March and the thirtieth (30th ) day of March of each year; except however, for the year 2017, the application must be submitted between the twenty-fourth (24th ) day of April and the ninth (9th ) day of May. (Ord. No. 14-05, § 1; Ord. No. 17-03 , § 3, 3-21-17)
Sec. 10-71. Fireworks sales permit approval.
(a) Each permittee must have at least one representative attend a fireworks stand operator safety seminar, approved by the fire chief, by the fifteenth (15th ) day of June of the same year in which the fireworks sales permit is issued.
(b) Subsequent to selection for issuance of a fireworks sales permit, but prior to the issuance of the fireworks sales permit, and in addition to those other requirements set forth in this article on the application and the fireworks sales permit, each permittee shall provide or demonstrate compliance with all the following:
(1) A copy of the permittee's retail fireworks license issued by the office of the state fire marshal. (2) A copy of the permittee's California State Board of Equalization temporary sales tax permit. (3) Payment of a fireworks sales permit fee in an amount to be established by resolution of the city council. This fee is in addition to the fee paid for the submission of the application. (4) Insurance coverage as required by subsection 10-70(1)(b). (Ord. No. 14-05, § 1)
Sec. 10-72. Denial of fireworks sales permit and appeal process.

A fireworks sales permit shall be denied if the qualified applicant has failed to provide sufficient plans, information or data necessary to permit a determination respecting compliance with the requirements of this article. Any denial of an application or revocation of a fireworks sales permit may be appealed in writing to the city manager consistent with Health and Safety Code § 12647 within ten (10) days of the denial. (Ord. No. 14-05, § 1)

15.a
Packet Pg. 335 Attachment: Exhibit A - Fireworks Ordinance (5520 : Fireworks Ordinance Update) Created: 2022-04-26 16:14:57 [EST]
(Supp. No. 118)

Sec. 10-73. Fireworks stands.
(a) All retail sales of safe and sane fireworks shall be permitted from within a fireworks stand only. The retail sale of safe and sane fireworks from any other building or structure is prohibited. (b) No fireworks stand may be erected before the twentieth (20th ) day of June and only by a person or people affiliated with a permittee.
(c) Fireworks stands must be located on lots that have an all-weather surface and adequate off-street parking to meet the requirement of any existing use or uses as well as the fireworks stand. (d) Fireworks stands are permitted only in the following zoning districts, as defined and delineated in the Code:
(1) CH, heavy commercial;
(2) CG, general commercial;
(3) MG, general manufacturing; and
(4) ML, light manufacturing.
(e) Each fireworks stand must post each of the following in a prominent place inside the fireworks stand:
(1) Fireworks sales permit;
(2) California State Board of Equalization temporary sales tax permit; (3) California State Fire Marshal retail sales permit; and (4) Proof of insurance.
(f) Fireworks stands are not permitted on city property and shall not be located closer than three hundred (300) feet apart, unless separated by a major arterial roadway. (1) If two (2) or more qualified organizations have the same property owner's permission to use the property, preference shall be given to the organization that has used the property two (2) of the last three (3) years. If none of the organizations has used the property two (2) of the last three (3) years, preference shall be granted by a drawing conducted by the fire chief. (2) If two (2) or more qualified organizations apply for permits on property within three hundred (300) feet of each other and not separated by a public street, preference shall be given to the organization that has been in the area two (2) of the last three (3) years. If none of the organizations has been in the area two (2) of the last three (3) years, preference shall be granted by a drawing conducted by the fire chief.
(g) Fireworks stands shall comply with current National Fire Protection Association Standard NFPA 1124 for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles. (h) Fireworks stands shall not be located within twenty-five (25) feet of any other building or structure. (i) No fireworks stand shall be located within one hundred (100) feet of a location where gasoline or any other flammable liquids are stored or dispensed.
(j) Accessory electrical wiring within a fireworks stand is prohibited. (k) Each fireworks stand shall comply with fire prevention standards as adopted and enforced by the fire chief. (l) All fireworks stands shall be inspected and approved by the fire chief prior to the sale of any safe and sane fireworks.

15.a
Packet Pg. 336 Attachment: Exhibit A - Fireworks Ordinance (5520 : Fireworks Ordinance Update) Created: 2022-04-26 16:14:57 [EST]
(Supp. No. 118)

(m) All weeds or other vegetation and combustible material shall be cleared from the location of the fireworks stand to at least a twenty-five-foot radius surrounding the fireworks stand. (n) No fireworks stand shall have a floor area in excess of five hundred (500) square feet or a length greater than fifty (50) feet.
(o) Each fireworks stand shall have at least two (2) exits. Each fireworks stand in excess of forty (40) feet in length shall have at least three (3) exits equally spaced. In no case shall the distance between exits required by this section exceed twenty (20) feet. Exit doors shall be no less than twenty-four (24) inches wide, six (6) feet in height and must open in the direction of exit travel. (p) "NO SMOKING" signs shall be prominently displayed both externally and internally on all sides of the fireworks stand. Smoking is prohibited within fifty (50) feet of any fireworks stand. (q) Each fireworks stand shall have two (2) currently certified two and one-half (2.5) gallon pressurized water type fire extinguishers in good working order that are easily accessible in case of fire. (r) Each fireworks stand must have an individual over the age of eighteen (18) in attendance and in charge thereof when the fireworks stand is open to the public for sale or dispensing of safe and sane fireworks and when safe and sane fireworks are being delivered to, or taken from, the fireworks stand. (s) No person may remain inside the fireworks stand after close of business. (t) When the fireworks stand is not being used for the sale and/or display of safe and sane fireworks, all safe and sane fireworks shall be stored in a manner consistent with one of the following:
(1) Within a reinforced, heavy metal, fully-enclosed container, a walk-in-type drop box or equivalent, as approved by the fire chief.
(2) Returned daily to a fireworks wholesaler for storage at an approved and properly-zoned location. (u) No fuel-powered generator or similar equipment shall be allowed within fifty (50) feet of a fireworks stand. (v) Vehicles may not be parked within ten (10) feet of a fireworks stand. Permittees shall provide cones or blockage to indicate a "NO PARKING" area within ten (10) feet of the fireworks stand. (w) A twenty-foot area surrounding the fireworks stand and any properly stored safe and sane fireworks must be kept clear of empty boxes, trash and debris.
(x) No person shall light, or cause or permit to be lighted, any safe and sane fireworks or any other article or material within any fireworks stand or within fifty (50) feet thereof. (y) No person other than individuals who are bona-fide members of the permittee or the spouses, registered domestic partners or adult children of such members, shall sell or otherwise participate in the sale of safe and sane fireworks.
(z) No person under the age of eighteen (18) shall sell or participate in the sale of or handle any safe and sane fireworks.
(aa) Drinking or possession of alcoholic beverages in a fireworks stand or within one hundred (100) feet of a fireworks stand is prohibited, except within a permanent business establishment unaffiliated with the fireworks stand and which preexisted the fireworks stand. (bb) No person shall be paid any consideration by the permittee or any fireworks wholesaler for selling or otherwise participating in the sale of safe and sane fireworks. Notwithstanding the foregoing, compensation may be paid for licensed security personnel and to any person permitting or leasing the location of the fireworks stand on its property as a payment for such permit or lease.

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Packet Pg. 337 Attachment: Exhibit A - Fireworks Ordinance (5520 : Fireworks Ordinance Update) Created: 2022-04-26 16:14:57 [EST]
(Supp. No. 118)

(cc) All safe and sane fireworks shall be retained at the fireworks stand. In no event shall unsold safe and sane fireworks be removed from the approved location to any other place without written approval of the fire chief.
(dd) All unsold stocks of safe and sane fireworks in the hands of the permittee after noon on the fifth (5th ) day of July shall be returned to the fireworks wholesaler by midnight on the sixth (6th ) day of July of the same calendar year.
(ee) Each fireworks stand shall be completely removed and the premises upon which it was located shall be cleared of all debris and restored to the condition it was prior to the establishment of the fireworks stand no later than the tenth (10th ) day of July of each calendar year. (ff) Fireworks stands shall be permitted to have no more than two (2) double-sided signs with a maximum area of sixty-four (64) square feet per side. All such signs shall be located on the same site as the fireworks stand they identify or advertise. Signs may not be placed in such a manner as to interrupt the normal flow of vehicle or pedestrian traffic or to cause any sight distance problems for such traffic. Placement of such signs shall be in accordance with Chapter 22.1 of the Code. The above described signs may be displayed from the twenty-third (23rd ) day of June through the end of the sales day on the fourth (4th ) day of July. (Ord. No. 14-05, § 1; Ord. No. 17-03 , § 4, 3-21-17)
Sec. 10-74. Sales to a minor.

It is unlawful to sell safe and sane fireworks to a minor. (Ord. No. 14-05, § 1)
Sec. 10-75. Financial reports.

On or before the first (1st ) day of November of any year during which a qualified applicant received a fireworks sales permit, that qualified applicant shall submit to the city clerk a copy of the most recent report filed by the qualified applicant with the State Board of Equalization. The filing of such statement shall be a condition precedent to the granting of any subsequent fireworks sales permits. (Ord. No. 14-05, § 1)
Sec. 10-76. Revocation of fireworks sales permits and appeal. (a) The fire chief may revoke the fireworks sales permit of any permittee that violates any of the provisions of this article. If the revocation occurs between the twenty-second (22nd ) day of June and the fifth (5th ) day of July, the fire chief shall inform the permittee that it may seek review of the decision by the city manager on the next business day. The decision of the city manager shall be final. (b) Any permittee that has their fireworks sales permit revoked shall be barred from receiving a future fireworks sales permit under this article or under any subsequent ordinance establishing a fireworks sales permit for up to three (3) years from the date of the revocation.
(Ord. No. 14-05, § 1)

15.a
Packet Pg. 338 Attachment: Exhibit A - Fireworks Ordinance (5520 : Fireworks Ordinance Update) Created: 2022-04-26 16:14:57 [EST]
(Supp. No. 118)

Sec. 10-77. Supervision of a minor in use of safe and sane fireworks. (a) It is unlawful for a minor to sell, purchase, possess, use or discharge safe and sane fireworks of any type; provided, however, that a minor under the direct supervision of their parent, guardian or other adult person having care, custody or control of the minor may possess and discharge safe and sane fireworks during the times and in the manner that such discharge is permitted by this article. (b) It shall be unlawful for any person having the care, custody or control of a minor to permit the minor to discharge, explode, fire or set off any dangerous fireworks, at any time, or to permit the minor to discharge or set off any safe and sane fireworks unless the minor does so under the direction supervision of a person over eighteen (18) years of age and during the hours and on the days permitted by this article. (Ord. No. 14-05, § 1)
Sec. 10-78. Seizure of safe and sane fireworks.
(a) The fire chief or police chief may seize, take, remove or cause to be removed, at the expense of the permittee or fireworks wholesaler, all stock of safe and sane fireworks offered or exposed for sale, stored or held in violation of this article, the state fireworks law or the California Fire Code. (b) Alternatively, a notice of violation may be issued by the fire chief or police chief requiring immediate correction of the violation(s) and/or cessation of sales. The permittee will then have the opportunity to be heard prior to any seizure.
(Ord. No. 14-05, § 1)
Sec. 10-79. Public education.

Each fireworks wholesaler supplying one or more permittees under this article shall annually submit a public education plan to the fire chief no later than 5:00 p.m. on the fifteenth (15th ) day of June of each year. Said public education plan shall outline the public safety and education efforts for that year that have been initiated, supported and/or delivered by each fireworks wholesaler within the city. (Ord. No. 14-05, § 1)
Sec. 10-80. Violation unlawful—Administrative citations. (a) It is unlawful, and a misdemeanor, to violate any provision of this article, provided, however, that a violation of this article may, at the discretion of the police chief, fire chief or prosecuting attorney, be charged and prosecuted as an infraction.
(b) In addition to any other enforcement mechanism prescribed by law, this article may be enforced by the issuance of administrative citations pursuant to the Code. (Ord. No. 14-05, § 1)
Sec. 10-81. Conflict with the code.

In the event that any provision of this article conflicts with any provision of the Code, the provisions of this article shall prevail.
(Ord. No. 14-05, § 1)

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Packet Pg. 339 Attachment: Exhibit A - Fireworks Ordinance (5520 : Fireworks Ordinance Update) Created: 2022
-04-26 16:14:57 [EST]
(Supp. No. 118)

15.a
Packet Pg. 340 Attachment: Exhibit A - Fireworks Ordinance (5520 : Fireworks Ordinance Update)