Agenda packet — El Centro City Council, April 14, 2026

AGENDA

CITY OF EL CENTRO

CITY COUNCIL
TUESDAY, APRIL 14, 2026
City Hall Special Meeting 8:30 AM

CITY HALL

COUNCIL CHAMBERS
1275 W MAIN STREET
EL CENTRO, CA 92243
Notice is hereby given that the Mayor of the City of El Centro has called a Special Meeting of the City Council to consider the item(s) on this agenda.

The public may attend in person. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by April 14, 2026.

COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND VIA ZOOM.

To participate and make a public comment in person, via Zoom or telephone, please raise your hand, speak up and introduce yourself.

Join Zoom Meeting:
https://us06web.zoom.us/j/4180375132?pwd=Rmo5UjZ1cWdyV1VoWUhSZWp6R0tVZz09&omn=87851540042 Optional dial-in number: (669) 444-9171
Meeting ID: 418 037 5132 Passcode: 5iHJYM
Public comments via Zoom are subject to the same time limits as those in person.

The Mayor and Council Members may be reached at (760) 336-8989.

Mayor:

Mayor Pro-Tem:

Council Members:

Michael Crankshaw
Claudia Camarena
Sylvia Marroquin
Marty Ellett
Sonia Carter
City Manager: Robert Sawyer
City Attorney: Joanna Hoff
City Clerk: Norma Wyles
8:30 AM - CLOSED SESSION - CONFERENCE ROOM "A":

ROLL CALL:

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CLOSED SESSION PUBLIC MEETING:

Any member of the public wishing to address the City Council on any matter appearing in the closed session agenda is asked to complete a "Speaker Slip" and submit it to the City Clerk prior to the start of the meeting. No comments on non-agenda items will be heard at this special meeting.

CITY COUNCIL ADJOURNS INTO CLOSED SESSION:

CITY COUNCIL CLOSED SESSION:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property:

Properties within El Centro, CA 92243 at the following addresses:

El Centro Regional Medical Center, 1415 Ross Ave.

ECRMC Medical Office Building, 1271 Ross Ave.

El Centro Outpatient Clinic, 385 W. Main St.
1204 Poplar Dr.
1258 Poplar Dr.
1295 Poplar Dr.
1455 Pepper Dr.
1215 Ross Ave.
1225 Ross Ave.
1243 Ross Ave.
1251 Ross Ave.
1271 Ross Ave.
135 South 4th St.

Agency Negotiators: Sheppard Mullin (Eric Newsom, Megan Rooney, Christina Nguyen) Negotiating Parties: Imperial Valley Healthcare District (IVHD) Under Negotiation: Price and Terms of Payment

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representative: Patrick Clark
Employee Organizations: Firefighters Association, General Employees Unit and Supervisor, Professional, and Technical Employees Unit

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representative: Robert Sawyer
Unrepresented Employees:

Human Resources Staff Assistant
Management Assistant
Human Resources Analyst (2)
City Clerk Staff Assistant
City Manager Staff Assistant
Human Resources Analyst II
Public Information Officer
Multimedia Content Creator

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Battalion Chief (3)
Police Lieutenant (3)
Police Commander I
Economic Development Manager
Project Manager Civil
Principal Engineer
Information Technology Administrator
City Clerk
Chief of Fire
Director of Public Works
Assistant Director of Community Development
Director of Finance
Director of Human Resources
Director of Community Services
Directory of Community Development
Chief of Police
Director of Library

NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda. However, you may not show a visual presentation without review of that material. If you do so, you will be considered out of order. * Any information provided on the “Speaker Slip” is voluntary and will be public record 12:00 PM - OPEN SESSION
ALL TIMES ARE APPROXIMATE AND MAY VARY:

CALL TO ORDER:

ROLL CALL BY CITY CLERK:

PLEDGE OF ALLEGIANCE:

INVOCATION:

CITY ATTORNEY REPORT ON CLOSED SESSION:
(TIME MAY VARY) PUBLIC COMMENTS:

The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting. Although you are not required to identify yourself (Gov’t Code §54953.3); this information on the “Speaker

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Slip” assists the Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record.

PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:

1. Presentation — National Library Week, April 19–25, 2026

2. Proclamation — National Public Safety Telecommunicators Week, April 12–18, 2026 CONSENT AGENDA (ITEMS 3-4):

3. Approval of City Council Minutes of March 17, 2026 and March 31, 2026.

4. Approval of payments related to the IID Date Drain "3-D" undergrounding at Countryside Drive, update.

NEW BUSINESS:

5. Community Sponsorship — The Joshua Lavell Holmes Foundation Presentation: Robert Sawyer, City Manager
Recommendation:

Discussion and any necessary action regarding the community sponsorship request.

6. Award of Bid for CML-5169 (058) Imperial Avenue Synchronization Project.

Presentation: Abraham Campos, Public Works Director/City Engineer Recommendation:

Adopt Resolution No. 26- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A

CONTRACT FOR THE IMPERIAL AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT FEDERAL PROJECT No. CML-5169 (058).

7. Approval of a Professional Services Agreement with Westnet, LLC for Installation of Fire Station Alerting Systems (FY26 Capital Improvement Project).

Presentation: Joseph Bernal , Fire Chief
Recommendation:

Adopt Resolution No. 26- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH

WESTNET, LLC FOR THE FIRST-IN FIRE STATION ALERTING SYSTEM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.

8. Operational update for the El Centro Police Department's drone program.

Presentation: Rene McNish , Lieutenant
Recommendation:

Receive and File the El Centro Police Department Unmanned Aerial Systems (UAS)

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Program Operational Update.

9. Discussion and necessary action regarding Communications Site Lease Agreement with Vero Fiber.

Presentation: Adriana Nava, Community Services Director Recommendation:

Approve a Land Lease Agreement with Vero Broadband, LLC for the lease of a portion of a City-owned property located at 1350 South 8th Street. The agreement allows Vero Broadband to install and operate telecommunications infrastructure to provide broadband internet services to the El Centro community.

10. Discussion and related action regarding an extension to the Agreement with Catholic Charities Diocese of San Diego for the Working Hands Workforce Development Program.

Presentation: Adriana Nava, Community Services Director Recommendation:

Staff recommends approval of a one (1) year extension of the agreement with Catholic Charities for the continued implementation of the Working Hands Workforce Development Program under the same terms and conditions.

11. Award of Bid and authorize a contract for the Veteran's Memorial Phase 2 Project.

Presentation: Adriana Nava, Community Services Director Recommendation:

Adopt Resolution No. 26- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR VETERAN’S MEMORIAL PHASE 2 PROJECT.

12. Discussion and related action regarding the review and selection of mural concepts for Downtown El Centro.

Presentation: Adriana Nava, Community Services Director Recommendation:

That the City Council review the proposed mural designs for the Embellece (Beautify) El Centro Downtown Beautification Project, approve the selected mural concepts, and authorize staff to take all actions necessary to move forward with fabrication and installation.

13. Discussion and related action regarding a Construction Contract with Shade Structures, Inc. in the amount of $153,280.88 for Shade Structures for the Embellece (Beautify) El Centro Downtown Beautification Project.

Presentation: Adriana Nava, Community Services Director Recommendation:

Provide City Staff direction regarding the addition of shade structures for the Embellece (Beautify) El Centro Downtown Beautification Project.

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14. Discussion and any necessary action regarding the cancellation of the April 21, 2026, City Council meeting.

Presentation: Michael Crankshaw, Mayor
Recommendation:

Direction from City Council regarding the cancellation of the April 21, 2026, City Council meeting.

LEGISLATIVE ACTION:

INFORMATIONAL ITEMS:

15. Update Emergency Declaration - WWTP Bar Screen Failure

16. Certificate of Mailing Notice of Application to the City, County and Municipal Government Agencies.

TASK FORCE /CONFERENCE ATTENDANCE REPORTS AND MAYOR - COUNCIL MEMBER REPORTS:

CITY MANAGER REPORT:

ADJOURNMENT:

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760) 337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.

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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-89)
Item: 1.

Meeting: 4/14/2026 8:30 AM
Department: City Manager
Category: Presentation
Prepared by: Gloria Garcia , Staff
Asssistant
Department Head:

DOC ID: 2026-89
Presentation — National Library Week, April 19–25, 2026 CITY MANAGER'S RECOMMENDATION:

N/A
FISCAL IMPACT:

N/A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

N/A
BACKGROUND:

N/A
DISCUSSION:

N/A
CONCLUSION:

N/A
ATTACHMENTS:

None

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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-90)
Item: 2.

Meeting: 4/14/2026 8:30 AM
Department: City Manager
Category: Presentation
Prepared by: Gloria Garcia , Staff
Asssistant
Department Head:

DOC ID: 2026-90
Proclamation — National Public Safety Telecommunicators Week, April 12–18, 2026 CITY MANAGER'S RECOMMENDATION:

N/A
FISCAL IMPACT:

N//A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

N/A
BACKGROUND:

N/A
DISCUSSION:

N/A
CONCLUSION:

N/A
ATTACHMENTS:

None

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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-95)
Item: 3.

Meeting: 4/14/2026 8:30 AM
Department: City Clerk
Category: Action Item
Prepared by: Norma Wyles, City Clerk
Department Head: Norma Wyles
DOC ID: 2026-95
Approval of City Council Minutes of March 17, 2026 and March 31, 2026.

CITY MANAGER'S RECOMMENDATION:

Approve the City Council meeting minutes of March 17, 2026 and March 31, 2026.

FISCAL IMPACT:

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:

1. 3-17-2026 Regular CC Minutes

2. 3-31-2026 Special Meeting CC Minutes

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REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, MARCH 17, 2026, 3:30 P.M.

The El Centro City Council met in a regular session on Tuesday, March 17, 2026 at 3:33 p.m. in Conference Room A, El Centro City Hall, 1275 W. Main Street, El Centro, California for the purpose of closed session.

PRESENT: Council: Carter, Camarena, Crankshaw, Ellett, Marroquin City Clerk Wyles, City Manager Sawyer, City Attorney Hoff ABSENT: None

CLOSED SESSION PUBLIC COMMENT
None

CITY COUNCIL CLOSED SESSION
Moved by Marroquin, second by Ellett, to adjourn into closed session for:

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representative: Patrick Clark
Employee Organization: Firefighters Association, General Employees Unit and Supervisor, Professional, and Technical Employees Unit.

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representative: Robert Sawyer
Unrepresented Employees: Human Resource Staff Assistant Management Assistant
Human Resources Analyst (2)
City Clerk Staff Assistant
Staff Assistant
Human Resource Analyst II
Public Information Officer
Multimedia Content Creator
Battalion Chief (3)
Police Lieutenant (3)
Police Commander I
Economic Development Manager
Project Manager Civil
Principal Engineer
Information Technology Administrator
City Clerk
Chief of Fire
Director of Public Works
Assistant Director of Community Development
Director of Finance

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Director of Human Resource
Director of Community Services
Director of Community Development
Chief of Police
Director of Library
Motion carried unanimously.

Closed Session concluded at 6:04 p.m. (All present)
City Council recessed to 6:05 p.m.

OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, March 17, 2026, at 6:09 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

PRESENT: Council: Carter, Camarena, Crankshaw, Ellett, Marroquin City Clerk Wyles, City Manager Sawyer, City Attorney Hoff ABSENT: None
Invocation was given by Mayor Pro-Tem Camarena and Pledge of Allegiance to the flag of the United States of America was led by Council Member Ellett.

CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action.

PUBLIC COMMENTS
Public comment was received from Aaron Green, Froilan Medina, and Peter Rodriguez. *Presentation was moved and became the last item on the agenda.

PRESENATIONS:

1. Proclamation – Autism Acceptance Month April 2026, World Autism Acceptance Day April 2, 2026.

CONSENT AGENDA (ITEMS 2-7)
Moved by Marroquin, second by Carter, approving consent item #2-7.

2. Approval of the Warrant Registers for the month of February 2026.

3. Approval of the Payroll Registers for the month of February 2026.

4. Approval of Treasurer’s Report for the month of February 2026.

5. Approval of the City Council minutes of March 3, 2026.

6. Adoption of Resolution No. 26-20, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING A DESIGN PROFESSIONAL SERVICES AGREEMENT WITH TYPSA, INC. FOR ON-CALL CIVIL ENGINEERING GENERAL SERVICES.

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7. Approval of proposal for Outreach & Communications Support Services with Tripepi Smith & Associates, Inc.,
AYES: Carter, Camarena, Crankshaw, Ellett, Marroquin
NOES: None
ABSENT: None
ABSTAINED: None
PUBLIC HEARING:

8. This was the scheduled date and time for a public hearing to consider the recommendation of the Planning Commission regarding an update to the multi-family residential zone permitted uses.

Presentation by Angel Hernandez, Community Development Director.

Mayor Crankshaw opened the public hearing and invited anyone wishing to speak to come forward.

Comment was received by Shashiba. Seeing no one else come forward to make a comment. Motion to continue the public hearing was made by Council Member Ellett and second by Mayor Pro-Tem Camarena.

AYES: Carter, Camarena, Crankshaw, Ellett, Marroquin
NOES: None
ABSENT: None
ABSTAINED: None

NEW BUSINESS

9. Presentation by Andy Heath, Financial Consultant, presented the Fiscal Year 2026 Mid-Year Budget Review. Mr. Heath gave an update and discussed the General Fund Budget, General Fund Multi-Year Forecast, Measure P Fund, Water Fund(s), Wastewater Funds(s), Special Revenue Funds – Transportation, Special Fire Fund, Capital Projects Funds-Bonds Projects, and Internal Service Funds.

Comment was received by Peter Rodriguez.

Motion by Marroquin, second by Carter, approval of the Mid-Year Budget update for major operating funds for Fiscal Year 2025-2026.

AYES: Carter, Camarena, Crankshaw, Ellett, Marroquin
NOES: None
ABSENT: None
ABSTAINED: None

10. Presentation by Abraham Campos, Public Works Director/City Engineer and John Wright, Financial Advisor for Water and Wastewater Utilities, authorization to initiate Proposition 218 Proceedings for Proposed Adjustments to Water and Wastewater Rates.

Comments were received by Armando Munoz and Peter Rodriguez.

Council members commended Mr. Campos on being pro-active for the future of El Centro.

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Motion by Marroquin, second by Camarena, adoption of Resolution No. 26-21, RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO INITIATING PROCEEDINGS FOR

PROPOSED WATER AND WASTEWATER RATE ADJUSTMENTS AND SETTING A PUBLIC

HEARING PURSUANT TO CALIFORNIA CONSTITUTION ARTICLE XIII D (PROPOSITION 218).

1. Authorize staff to initiate the Proposition 218 process for proposed adjustments to the City’s water and wastewater service rates.

2. Direct staff to prepare and mail the required Proposition 218 public hearing notices to affected property owners and customers.

3. Schedule a public protest hearing to consider proposed water and wastewater rate adjustments in accordance with California Constitution Article XIII D (Proposition 218).

AYES: Carter, Camarena, Crankshaw, Ellett, Marroquin
NOES: None
ABSENT: None
ABSTAINED: None

11. Presentation by Angel Hernandez, Community Development Director, discussion and any necessary action regarding the acceptance of the 2025 General Plan Annual Report.

Council members offered a range of comments on the General Plan Annual Report and voiced concern about the limited number of grocery stores and markets available to adequately serve all areas of the community.

Motion by Camarena, second by Ellett, accepting the City’s General Plan Annual Progress Report and direct that it be submitted to the Governor’s Office of Land Use and Climate Innovation and the California Department of Housing and Community Development.

AYES: Carter, Camarena, Crankshaw, Ellett, Marroquin
NOES: None
ABSENT: None
ABSTAINED: None
*Out of Order - Moved to the end of the agenda.

PRESENATIONS:

1. Proclamation – Autism Acceptance Month April 2026, World Autism Acceptance Day, April 2, 2026.

ADDED ITEMS
Motion by Marroquin, second by Carter, to add agenda item for the cancellation of the April 7, 2026, City Council meeting.

AYES: Carter, Camarena, Crankshaw, Ellett, Marroquin
NOES: None
ABSENT: None
ABSTAINED: None
Motion by Marroquin, second by Carter, to cancel the City Council meeting of April 7, 2026.

AYES: Carter, Camarena, Crankshaw, Ellett, Marroquin
NOES: None
ABSENT: None
ABSTAINED: None

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LEGISLATIVE ACTION:

None
INFORMATIONAL ITEMS:

12. Update Emergency Declaration – WWTP Bar Screen Failure

TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Council Members provided updates on their activities since the last City Council meeting and shared information on upcoming events.

CITY MANAGER REPORT
Reported on recent activities.

ADJOURNMENT
With no further business the meeting was adjourned at 9:21 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Michael Crankshaw, Mayor

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SPECIAL MEETING

EL CENTRO CITY COUNCIL

CONFERENCE ROOM A
1275 W MAIN STREET, EL CENTRO, CA
TUESDAY, MARCH 31, 2026, 11:00 A.M.

OPEN SESSION
The El Centro City Council met in a special meeting on Tuesday, March 31, 2026 at 11:06 a.m. in Conference Room A, 1275 W Main Street, El Centro, CA 92243.

PRESENT: Council: Carter, Camarena, Crankshaw, Ellett, Marroquin City Clerk Wyles, City Manager Sawyer, City Attorney Hoff MOTION TO GO INTO CLOSED SESSION:

Moved by Marroquin, second by Ellett to go into closed session at 11:06 a.m.

CLOSED SESSION PUBLIC COMMENT:

No comments were received.

CITY COUNCIL CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One potential case CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

Pursuant to Government Code Section 54956.8
Property:

Properties within El Centro, CA 92243 at the following addresses:

El Centro Regional Medical Center, 1415 Ross Ave.

ECRMC Medical Office Building, 1271 Ross Ave.

Agency Negotiators: Sheppard Mullin (Eric Newsom, Megan Rooney, Christina Nguyen) Negotiating Parties: Imperial Valley Healthcare District (IVHD) Under Negotiation: Price and Term of Payment
CITY ATTORNEY REPORT ON CLOSED SESSION:

No reportable action.

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ADJOURNMENT
With no further business to come before City Council, the meeting adjourned at 1:20 p.m. ____________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________
Michael Crankshaw, Mayor

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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-104)
Item: 4.

Meeting: 4/14/2026 8:30 AM
Department: Public Works
Category: Action Item
Prepared by: Abraham Campos, Public
Works Director/City Engineer
Department Head: Abraham Campos
DOC ID: 2026-104
Approval of payments related to the IID Date Drain "3-D" undergrounding at Countryside Drive, update.

CITY MANAGER'S RECOMMENDATION:
• Modify the previously proposed February 17, 2026 action to remove direct payment from the City to the Imperial Irrigation District (IID). • Authorize reimbursement to the developer, Marty Coyne, for payments made directly to IID for the Date Drain “3-D” undergrounding project, in an amount not to exceed $325,000, consistent with Condition No. 28 of Resolution No. 25-08.

FISCAL IMPACT:

No change from the original agenda report.

Funding will be provided from Measure D LTA Fund 205-3204-710106 in an amount not to exceed $325,000. There is no impact to the General Fund.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Environmental Sustainability & Infrastructure
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

NA
BACKGROUND:

As described in the original agenda report, the Willow Bend Subdivision requires the extension of Countryside Drive, which includes a crossing of the IID Date Drain “3-D.” Condition No. 28 of Resolution No. 25-08 requires the City to participate in the cost of improvements associated with this crossing, in an amount not to exceed $325,000.

The original staff recommendation included payment directly from the City to IID for construction costs, along with reimbursement to the developer for a prior $50,000 deposit paid to IID for design.

DISCUSSION:

Following preparation of the original agenda report, IID provided direction that payment for the project must be made directly by the developer, rather than the City.

In accordance with this requirement, the developer has paid IID directly for both design and construction costs associated with the Date Drain “3-D” undergrounding.

Documentation of these payments, including invoices, is included with the agenda materials for Council review.

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Given this change, the original payment structure, whereby the City would remit payment directly to IID, is no longer applicable. However, the City’s financial obligation under Condition No. 28 remains unchanged.

To comply with IID’s requirements while fulfilling the City’s obligations, staff recommends that the City Council update its prior direction and instead authorize reimbursement directly to the developer for eligible costs, in an amount not to exceed $325,000, consistent with the conditions of approval.

CONCLUSION:
• Modify the previously proposed action to remove direct payment from the City to the Imperial Irrigation District (IID).
• Authorize reimbursement to the developer, Marty Coyne, for payments made directly to IID for the Date Drain “3-D” undergrounding project, in an amount not to exceed $325,000, consistent with Condition No. 28 of Resolution No. 25-08.

ATTACHMENTS:

1. IID Cost Letter

2. Deposit Receipt

3. Construction Reciept

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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-93)
Item: 5.

Meeting: 4/14/2026 8:30 AM
Department: City Manager
Category: Action Item
Prepared by: Gloria Garcia , Staff
Asssistant
Department Head: Robert Sawyer
DOC ID: 2026-93
Community Sponsorship — The Joshua Lavell Holmes Foundation CITY MANAGER'S RECOMMENDATION:

Discussion and any necessary action regarding the community sponsorship request.

FISCAL IMPACT:

Funding is available from the Community Sponsorship Fund 1201-610139. The available balance is $1,589.00.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

N/A
BACKGROUND:

The Joshua Lavell Holmes Foundation was established to honor a man whose legacy continues to be felt throughout the Imperial Valley. Joshua Lavell Holmes gained notoriety for dominating on the basketball court. He assisted in securing two IVL Championships for Southwest High School and elevated the men’s basketball team during his time at Imperial Valley College. At the age of 27 years old, Joshua was diagnosed with a rare form of cancer, and fought courageously for nearly three years.

The foundation’s mission is to serve those impacted by cancer by providing financial resources, medical assistance, and any other support needed. The foundation works with resource centers to help educate, screen, and treat communities across the Imperial Valley.

DISCUSSION:

The 3v3 Basketball Classic is scheduled to take place on April 25, 2026 at the Southwest High School Gymnasium, and is the foundation’s main fundraiser. In 2025, the second Basketball Classic raised more than $10,000 in funds for cancer caregivers, cancer research centers, and outstanding students who are making a difference in their communities. This year, the 3v3 Classic is expected to be bigger and better. With the support of the community, the foundation continues to create a space that brings people together with love, strength, and hope for El Centro and the Imperial Valley.

Admission to this event is free and open to the public. The event offers an opportunity for the community to come together, connect, and enjoy a fun recreational event.

The sponsorship levels are as follows:

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Champion Sponsor - $1,500
MVP Sponsor - $750
Teammate Sponsor - $250
The City Manager's Office has reviewed the application and the requirements of the policy statement have been met. The Mayor has reviewed the request and recommends that the Council consider a sponsorship in the amount of $500.

CONCLUSION:

Staff seeks direction and necessary action regarding the requested cash sponsorship.

ATTACHMENTS:

1. Sponsorship Packet

2. Sponsorship Application

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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-43)
Item: 6.

Meeting: 4/14/2026 8:30 AM
Department: Public Works
Category: Action Item
Prepared by: Luis Alonzo, Assistant
Engineer
Department Head: Abraham Campos
DOC ID: 2026-43
Award of Bid for CML-5169 (058) Imperial Avenue Synchronization Project.

CITY MANAGER'S RECOMMENDATION:

Adopt Resolution No. 26- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A

CONTRACT FOR THE IMPERIAL AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT FEDERAL PROJECT No. CML-5169 (058).

FISCAL IMPACT:

No Impact to the General Fund. This project is funded by Congestion Mitigation and Air Quality (CMAQ) Federal Funds and LTA Funds (Local Match). The available budget is as follows:

CMAQ (Federal Funding) - 401-
3276-710106
$569,115.00
Measure D (Local Match) - 205-
3276-710106
$120,555.00
Measure D(10% Contigency) - 205-
3276-710106
$68,967.00
Total: $758,637.00
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Environmental Sustainability & Infrastructure
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

Yes, contractor has completed similar work with the City in the past.

BACKGROUND:

Engineering staff applied for Congestion Mitigation and Air Quality (CMAQ) Federal Funding through ICTC in 2022. The City was granted funding to synchronize the traffic signals on Imperial Ave. from Ocotillo Dr. to Main St. $85,000 was awarded and allocated towards Preliminary Engineering, and $570,000 was awarded for the construction phase of the project.

On December 16, 2025 City Council approved the plans and specifications for the project.

DISCUSSION:

STC Traffic, Inc. completed the design for the project and prepared the final Plans and Special Provisions for construction, which were approved by the City Council on December 16, 2025. The project was subsequently advertised for bids on January 2, 2026. Staff

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conducted the bidding process, including two pre-bid meetings held on January 15, 2026, and January 21, 2026.

The City received two bid packages, submitted by Perry Electric and DBX, Inc. Based on staff’s review, DBX, Inc. was determined to be the lowest responsive and responsible bidder. Staff therefore recommends awarding the construction contract to DBX, Inc.

The project will upgrade and interconnect six (6) existing traffic signals along Imperial Avenue to provide coordinated signal timing. The affected intersections are Ocotillo Drive, Pepper Drive, Ross Avenue, Hamilton Avenue, State Street, and Main Street. In addition, the project includes interconnection to one (1) Pedestrian Hybrid Beacon at the intersection of Imperial Avenue and Holt Avenue.

Improvements will include installation of new traffic signal controllers, detection cameras, fiber optic communication (replacing existing copper systems), upgraded software, and related hardware. These upgrades will enhance signal coordination and optimize timing, improving traffic flow along the corridor.

Improved traffic flow is expected to reduce vehicle idling time, which in turn will help lower vehicle emissions and contribute to improved air quality in the surrounding area.

Below is a tentative schedule for this project:

Construction Award March 14, 2026
Construction Commence April 20, 2026
Construction Complete August 24, 2026
CONCLUSION:

Adopt Resolution No. 26- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A

CONTRACT FOR THE IMPERIAL AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT FEDERAL PROJECT No. CML-5169 (058).

ATTACHMENTS:

1. Resolution 26- CML-5169(058) CON Award

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02/2026/cdz/A26/0034/Reso/BidAwardImperialAve
TrafficSignalProjDBXInc. 1
RESOLUTION NO. 26-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, CALIFORNIA, AWARDING AND AUTHORIZING THE

EXECUTION OF A CONTRACT FOR THE IMPERIAL AVENUE

TRAFFIC SIGNAL SYNCHRONIZATION PROJECT FEDERAL
PROJECT NO. CML-5169 (058)
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 (“City”) Municipal Code for the Imperial Avenue Traffic Signal Synchronization Project Federal Project No. CML. 5169 (058) (“Project”); and
WHEREAS, bids were received and opened on February 5, 2026, in accordance with applicable laws; and
WHEREAS, two (2) bids were submitted, and DBX Inc., a California corporation, submitted the lowest responsive and responsible Base Bid in the amount of three hundred ninetynine thousand, six hundred seventy dollars and zero cents ($399,670.00) as calculated based on unit prices; and
WHEREAS, the City desires to award a contract to DBX, Inc. for the Total Bid (Base Bid plus Additive A, and Additive B) in the total amount of six hundred eighty-nine thousand, six hundred seventy dollars and zero cents ($689,670.00) as calculated based on unit prices; and WHEREAS, the award and approval of a contract with DBX, Inc. 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. The foregoing is true, correct and incorporated fully herein as findings.

2. The City Council hereby finds the bid of DBX, Inc. for the Project to be the lowest responsive and responsible bid.

3. The City Manager is hereby authorized to execute a contract for the Project in the total amount of six hundred eighty-nine thousand, six hundred seventy dollars and zero cents ($689,670.00), a copy of which is on file in the Office of the City Clerk, on behalf of the City.

4. The City Council hereby establishes a construction contingency fund of sixty-eight thousand, nine hundred sixty-seven dollars and zero cents ($68,967.00) for the Project.

5. The City Manager is further authorized to approve and execute any change orders for the Project up to a total amount of sixty-eight thousand, nine hundred sixty-seven dollars ($68,967.00), whether individually or collectively, as needed for unanticipated construction contingencies and is required to report all change orders to the

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TrafficSignalProjDBXInc. 2
City Council as soon as practical.

6. 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.

7. The contract for the Project shall be reviewed and approved as to form by the City Attorney prior to execution and placed on file in the Office of the City Clerk.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2026.

CITY OF EL CENTRO
By
Michael Crankshaw, Mayor
ATTEST:

By
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By
Joanna Hoff, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the forgoing Resolution No. 26- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By
Norma Wyles, City Clerk

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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-68)
Item: 7.

Meeting: 4/14/2026 8:30 AM
Department: Fire
Category: Resolution
Prepared by: Joseph Bernal , Fire
Chief
Department Head: Joseph Bernal
DOC ID: 2026-68
Approval of a Professional Services Agreement with Westnet, LLC for Installation of Fire Station Alerting Systems (FY26 Capital Improvement Project).

CITY MANAGER'S RECOMMENDATION:

Adopt Resolution No. 26- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH

WESTNET, LLC FOR THE FIRST-IN FIRE STATION ALERTING SYSTEM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.

FISCAL IMPACT:

This project is included in the Fiscal Year 2026 Capital Improvement Program and represents a previously authorized capital improvement allocation for fire station alerting system modernization.

The total contract amount is: $408,428.15
Payment will be made on a milestone basis as defined in the agreement (contract execution, equipment delivery, installation completion, and final acceptance).

No additional appropriation is requested. The total project cost remains within the previously approved FY26 capital allocation.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Community Health, Safety & Welfare
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

Westnet, LLC was selected through a cooperative purchasing agreement via Sourcewell Contract #020625-WNT, a nationally recognized public agency procurement cooperative.

Westnet specializes in fire station alerting systems and has extensive experience implementing First-In Smart Station Systems in fire agencies nationwide.

The agreement includes:
• Defined scope of work and deliverables
• Acceptance testing procedures

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• One-year warranty
• 24/7 technical support during warranty period
• Insurance and indemnification provisions
• Standard limitation of liability provisions
The contract has been reviewed in accordance with the City’s standard agreement procedures.

BACKGROUND:

The Fire Department currently operates without a fully integrated modern fire station alerting system across all stations. Existing notification methods rely on legacy systems and manual processes that do not provide the redundancy, automation, or integration capabilities consistent with current industry standards.

Modern station alerting systems are designed to:
• Reduce turnout times
• Improve firefighter situational awareness
• Integrate directly with CAD systems
• Provide automated zone activation
• Deliver audible and visual alerts
• Improve operational safety during emergency dispatch
The FY26 Capital Improvement Program included funding to modernize station alerting infrastructure to improve operational efficiency and firefighter safety.

The current item represents authorization to execute the service and installation agreement necessary to implement the system.

DISCUSSION:

The proposed agreement with Westnet provides for the installation of First-In Fire Station Alerting Smart Station Systems at Fire Stations 1, 2, and 3, along with deployment of the First-In Alerting Platform at Dispatch. The system integrates with the City’s CAD and radio systems to automate alerting, activate station zones, deliver pre-announcement information, initiate turnout timers, and provide both network-based and radio-based redundancy. The contract includes installation, testing, training, warranty coverage, and structured acceptance procedures. Implementation is anticipated to be completed within approximately ninety (90) days following notice to proceed and receipt of required programming information. This modernization aligns with industry best practices and enhances response reliability, firefighter safety, and operational efficiency.

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Staff recommends authorizing the City Manager to execute the Professional Services Agreement with Westnet, LLC in the amount of $408,428.15 for installation of the First-In Fire Station Alerting System.

This project represents a critical public safety infrastructure investment that enhances operational readiness, firefighter safety, and system redundancy consistent with FY26 capital planning priorities.

CONCLUSION:

Adopt Resolution No. 26- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH

WESTNET, LLC FOR THE FIRST-IN FIRE STATION ALERTING SYSTEM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.

ATTACHMENTS:

1. El Centro - Resolution No 26- - Approving Agreement with Westnet LLC - 00084382 - BWS Edits

2. El Centro - Westnet - Professional Services Agmt - 00084383 - BWS Edits

3. Insurance Westnet LLC_25-26 COI_3-10-2026_1489889264

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01/2026/cdz/A26-0016/Reso/WestNetFirstInSystem
4903-0325-6465 v3
RESOLUTION NO. 26-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH

WESTNET, LLC FOR THE FIRST-IN FIRE STATION ALERTING SYSTEM

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT
WHEREAS, the City of El Centro (“City”) Fire Department (“ECFD”) provides emergency response services from Fire Stations 1, 2, and 3 and relies on reliable station alerting systems to ensure timely, safe, and effective responses; and WHEREAS, the City Council of the City (“City Council”) approved funding in the FY25– 26 adopted budget for the replacement and installation of a modern fire station alerting system for Fire Stations 1, 2, and 3; and
WHEREAS, ECFD has identified Westnet, LLC (“Westnet”) as a qualified vendor to provide and install the First-In Fire Station Alerting System, including associated equipment, software, installation, testing, and warranty services; and WHEREAS, a Professional Services Agreement has been prepared between the City and Westnet setting forth the terms and conditions for the purchase and installation of the First-In Fire Station Alerting System, at a total contract amount consistent with the approved budget; and WHEREAS, the City Council finds that approval of the Professional Services Agreement with Westnet is in the best interest of the City and its residents by improving firefighter safety, response efficiency, and operational reliability.

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

1. The foregoing recitals are true, correct, and incorporated herein as findings of the City Council.

2. The City Council hereby approves the Professional Services Agreement between the City of El Centro and Westnet, LLC for the purchase and installation of the First-In Fire Station Alerting System for Fire Stations 1, 2, and 3 and associated services.

3. The City Manager is hereby authorized to execute the Professional Services Agreement with Westnet, subject to approval as to form by the City Attorney, and to take all actions necessary to implement the agreement.

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4903-0325-6465 v3
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the ___ day of __________, 2026.

City of El Centro
By: _______________________________
Michael Crankshaw, Mayor
ATTEST:

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

OFFICE OF THE CITY ATTORNEY
By: _______________________________
Joanna Hoff, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California do hereby certify that the foregoing Resolution No. 26- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By_________________________
Norma Wyles, City Clerk

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Rev. 06/10/2025

Page 1 ends

4898-3571-9057 v3

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF EL CENTRO AND

WESTNET, LLC
THIS SERVICES AGREEMENT (herein “Agreement”) is made and entered into this ____ day of March 2026, by and between the City of El Centro, (“El Centro”), and Westnet, LLC, a Delaware limited liability company, (“Westnet”). El Centro and Westnet are sometimes individually referred to as “Party” or collectively as “Parties”.

RECITALS
A. El Centro has sought, by a Cooperative Agreement through Sourcewell Contract #020625-WNT, the performance of professional services related to installation of First-In Alerting Smart Station Systems for El Centro Fire Stations 1, 2, and 3, and a First-In Alerting Platform Dispatch System including technical support, as defined and described particularly in Article 1 of this Agreement.

B. Following the submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, Westnet was selected by El Centro to perform those services.

C. The Parties desire to formalize the selection of Westnet for the performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF WESTNET

1.1 Scope of Work and Services.

In compliance with all terms and conditions of this Agreement, Westnet shall provide and install the First-In Alerting Smart Station System for El Centro, including all associated professional services, such as technical support, as specified in the Statement of Work, attached hereto as Attachment 1 and incorporated herein by this reference, which installation of the system and associated services may be referred to herein as the “work and services” hereunder. As a material inducement for El Centro to enter into this Agreement, Westnet represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work and services required under this Agreement in a thorough, competent, and professional manner, it meets all local, state, and federal requirements in performing the work and services, and it is experienced in performing the work and services contemplated herein.

Westnet shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all work and services described herein. Westnet covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.

For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more professional firms performing similar work and services under similar circumstances.

1.2 Agreement Documents.

The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Statement of Work (Attachment 1 to this Agreement); and (3) the Sourcewell Contract #020625-WNT; (collectively referred to as the “Contract Documents”). The Contract Documents shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the Statement of Work and this Agreement, the terms of the Statement of Work shall govern.

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4898-3571-9057 v3 Page 2
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1.3 Compliance with Law.

Westnet shall keep itself informed concerning, and shall render all work and services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of El Centro and any federal, state, or local governmental entity having jurisdiction in effect at the time the work and services are rendered.

1.4 Licenses, Permits, Fees, and Assessments.

Westnet shall obtain, at its sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the work and services required by this Agreement. Westnet shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Westnet’s performance of the work and services required by this Agreement, and shall indemnify, defend (with counsel of El Centro’s choosing), and hold harmless El Centro, its officers, employees or agents of El Centro, against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against El Centro hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Westnet warrants that Westnet (i) has thoroughly investigated and considered the work and services to be performed hereunder, (ii) has carefully considered how the work and services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the work and services under this Agreement. If the services involve work upon any site, Westnet warrants that Westnet has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of such work and services hereunder. If Westnet discovers any latent or unknown conditions that will materially affect the performance of the work and services hereunder, then Westnet shall immediately inform El Centro of such fact and shall not proceed except at El Centro’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

Westnet shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof, to prevent losses or damages, and shall be responsible for all such damages to persons or property, until acceptance of the work by El Centro, except such losses or damages as may be caused by El Centro’s sole negligence or willful misconduct.

1.7 Intentionally Left Blank.

1.8 Further Responsibilities of Parties.

Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless specified in this Agreement, neither Party shall be responsible for the services of the other.

1.9 Additional Services.

El Centro shall have the right at any time during the performance of the work and services, without invalidating this Agreement, to order extra work or services beyond that specified in the Statement of Work or make changes by altering, adding to, or deducting from said work and services. No such extra work or services or change may be undertaken unless a written order is first given by the Contract Officer to Westnet, describing in detail the extra work or services or change to the Statement of Work and the reason(s) therefor and incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work or services or change, and/or (ii) the time to perform this Agreement, which said adjustments shall be reflected in an amendment to this Agreement subject to the written approval of the Parties. Any amendment to this Agreement shall be reviewed and approved by an authorized representative of El Centro.

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4898-3571-9057 v3 Page 3
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, El Centro agrees to pay Westnet the amounts specified in Exhibit C, “Contract Price and Deliverables,” to the Statement of Work in Attachment 1 of this Agreement.

2.2 Invoices.

By submitting an invoice for payment under this Agreement, Westnet is certifying compliance with all provisions of this Agreement. El Centro may independently review each invoice submitted by Westnet to determine whether the work and services performed and expenses incurred are in compliance with the provisions of this Agreement. El Centro will use its best efforts to cause Westnet to be paid within thirty (30) days of receipt of Westnet’s correct and undisputed invoice.

2.3 No Waiver.

Review and payment by El Centro to Westnet of any invoice for work and services performed by Westnet pursuant to this Agreement shall not be deemed a waiver of any defects in work and services performed by Westnet or of any rights or remedies provided herein or any applicable law.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Westnet shall commence the work and services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all work and services within the time period(s) established in the Statement of Work or as agreed to by the Parties (the “Schedule of Performance”). When requested by Westnet, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the work and services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Westnet, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including El Centro, if Westnet shall, within ten (10) days of the commencement of such delay, notify the Contract Officer in writing of the causes of the delay.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect through completion of the work and services to be performed under this Agreement.

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4898-3571-9057 v3 Page 4
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ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Westnet.

The following principals of Westnet (“Principals”) are hereby designated as being the principals and representatives of Westnet authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith:

Name Role – Westnet Project Manager

Name Role – Installation Subcontractor
Representative
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for El Centro to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Westnet and devoting sufficient time to personally supervise the work and services hereunder. All personnel of Westnet, and any authorized subcontractors, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Westnet without the express written approval of El Centro. Additionally, Westnet shall utilize only competent personnel to perform work and services pursuant to this Agreement. Westnet shall make every reasonable effort to maintain the stability and continuity of Westnet’s staff and subcontractors, if any, assigned to perform the work and services required under this Agreement. Westnet shall notify El Centro of any changes in Westnet’s staff and subcontractors, if any, assigned to perform the work and services required under this Agreement, prior to and during any such performance. In the event that El Centro, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or subcontractor of Westnet, Westnet shall, immediately upon a notice from El Centro of such desire of El Centro, reassign such persons or persons.

4.2 Status of Westnet.

Westnet shall have no authority to bind El Centro in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against El Centro, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by El Centro. Westnet shall not at any time or in any manner represent that Westnet or any of Westnet’s officers, employees, or agents are in any manner officials, officers, employees or agents of El Centro. Neither Westnet, nor any of Westnet’s officers, employees or agents, shall obtain any rights to retirement, health care, or any other benefits which may otherwise accrue to El Centro’s employees. Westnet expressly waives any claim Westnet may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be the El Centro City Manager or other such person designated by the El Centro City Manager. It shall be Westnet’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Westnet shall refer any decisions which must be made by El Centro to the Contract Officer. Unless otherwise specified herein, any approval of El Centro required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the El Centro City Manager, to sign all documents on behalf of the El Centro required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither El Centro nor any of its employees shall have any control over the manner, mode, or means by which Westnet, its agents or employees, perform the work and services required herein, except as otherwise set forth herein.

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El Centro shall have no voice in the selection, discharge, supervision or control of Westnet’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Westnet shall perform all services required herein as an independent contractor of El Centro and shall remain at all times as to El Centro a wholly independent contractor with only such obligations as are consistent with that role. Westnet shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of El Centro. El Centro shall not in any way or for any purpose become or be deemed to be a partner of Westnet in its business or otherwise or a joint venturer or a member of any joint enterprise with Westnet.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND LIMITATION OF LIABILITY

5.1 Insurance Coverages.

Westnet shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to El Centro, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance (Occurrence Form CG0001 or equivalent). $1,000,000 Combined single limit, $2,000,000 general aggregate, for Bodily Injury & Property Damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Worker’s Compensation Insurance. In accordance with the laws of the country or state in which the work is being performed and having an Employers' Liability limit of at least $1,000,000. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, and hired cars. (f) Subcontractors. Westnet shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

5.2 General Insurance Requirements.

Prior to the commencement of work and services hereunder, Westnet shall furnish El Centro a certificate of the above-required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interest of the El Centro’s in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this Agreement is to be performed and in no event less than thirty (30) days after written notice thereof to El Centro. In the event Westnet subcontracts any portion of the work and services, the contract between Westnet and such subcontractor shall require the subcontractor to maintain the same policies of insurance that Westnet is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to El Centro. Additionally, every insurance policy required pursuant to Section 5.1 shall: (i) be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A.VII, unless otherwise acceptable to El Centro, and (ii) a waiver of subrogation clause in favor of El Centro.

5.3 Limitation of Liability
EXCEPT WITH RESPECT TO A PARTY’S INDEMNIFICATION OBLIGATIONS OR A PARTY’S

FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, BREACH OF CONFIDENTIALITY, OR

INTELLECTUAL PROPERTY INFRINGEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER

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

DAMAGES (INCLUDING DAMAGES FOR LOST REVENUE, LOST PROFITS OR OTHER ECONOMIC

LOSSES) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WITH RESPECT TO A

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PARTY’S INDEMNIFICATION OBLIGATIONS OR A PARTY’S FRAUD, GROSS NEGLIGENCE, WILLFUL

MISCONDUCT, BREACH OF CONFIDENTIALITY, OR INTELLECTUAL PROPERTY INFRINGEMENT, IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS,

EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EXCEED TWICE (2X) THE CONTRACT PRICE OR FEES PAID OR PAYABLE BY EL CENTRO TO WESTNET PURSUANT TO THIS AGREEMENT, IN ADDITION TO THE COSTS OF REASONABLE ATTORNEYS’ FEES PURSUANT TO SECTION 7.5.

5.4 Indemnification for Third Party Claims.

Westnet shall indemnify, defend (with counsel of El Centro’s choosing), and hold harmless El Centro from and against all damages, losses, and expenses (including reasonable attorney’s fees) incurred in connection with any third party claim arising out of or resulting from (a) any personal injury, loss, damage or death to any person or persons and any property damage arising out of the acts or omissions of Westnet, its agents, employees or subcontractors in the performance of the work and services outlined and set forth in Article 1 of this Agreement, or (b) the violation of any applicable law or regulation by Westnet, its agents, employees or subcontractors in the performance of the services outlined and set forth in Article 1 of this Agreement.

ARTICLE 6. NONDISCLOSURE
During the performance of work and services under this Agreement, it may be necessary to share and/or exchange information and data which may be considered confidential, proprietary and/or competition sensitive.

Further, during performance of work and services under this Agreement, the Parties recognize that the presence of Westnet’s personnel in El Centro's facilities may subject Westnet’s personnel to information and/or data that is considered by Westnet and/or El Centro to be confidential, proprietary and/or competition sensitive. Therefore, the Parties agrees to the following:
(a) The terms of this Agreement, including all exhibits and attachments thereto and specifically Westnet’s rates, are considered confidential and shall not be disclosed except as required by applicable law or regulation, including but not limited to the California Public Records Act. El Centro will provide Westnet with reasonable notice of any public records request seeking confidential information to allow Westnet to seek protective orders or other legal remedies, but El Centro shall have no obligation to withhold records if required to disclose them under applicable law. Any confidential, proprietary and/or competition sensitive information, other than the terms of this Agreement, exchanged by the Parties and entitled to protection hereunder shall be identified by the furnishing Party as confidential, proprietary and/or competition sensitive by (i) appropriate stamp or marking on the documents exchanged, or (ii) written notice of any disclosures made under assertion of confidentiality, sent to the receiving Party no later than two (2) weeks after disclosure, with listings of all proprietary material and appropriately stamped or marked summaries of such other disclosures.
(b) Verbal communications which are considered confidential, proprietary and/or competition sensitive may also be conducted as part of the normal discussion activities. Prior to these verbal communications, an announcement will be made that the conversation to follow is to be considered confidential, proprietary and/or competition sensitive, and at the conclusion of that part of the conversation that is considered confidential, proprietary and/or competition sensitive, an ending comment will be made so as to bracket the information which is considered to be confidential. Both Parties agree to hold such verbal information in confidence in accordance with this Agreement. (c) The receiving Party will hold such confidential, proprietary and/or competition sensitive information in confidence for a period of three 3) years from the date of termination of this Agreement, and during such period will use such information only for evaluation purposes and will make such information available only to its employees having a "need to know" in order to carry out their functions in connection with the purpose of this Agreement. Unless authorized in writing by the Party originally transmitting such confidential, proprietary and/or competition sensitive information hereunder, the receiving Party will not otherwise use or disclose such confidential, proprietary and/or competition sensitive information during the above-mentioned three (3) year period.

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Information shall not be afforded the protection of this Agreement if, on the effective date hereof, such information has been or from the time thereafter such information is:
(1) lawfully developed by the receiving Party independently of the information received from furnishing Party;
(2) rightfully obtained without restriction by the receiving Party from a third party; (3) publicly available other than through the fault or negligence of the receiving Party; or, (4) released without restriction by the furnishing Party to any third party. (d) Should the receiving Party be faced with legal action regarding disclosure of information under this Agreement, the receiving Party shall forthwith notify the furnishing Party, and, upon the request and at the expense of the latter, shall cooperate with the furnishing Party in contesting such a disclosure. Except in connection with failure to discharge responsibilities set forth in the preceding sentence, neither Party shall be liable in damages for any disclosures pursuant to judicial actions or for inadvertent disclosure where the proper degree of care has been exercised; provided, that upon discovery of such inadvertent disclosure, it shall have endeavored to prevent any further inadvertent disclosure and to correct the effects of any such inadvertent disclosure. (e) All proprietary information furnished hereunder shall remain the property of the furnishing Party and shall be returned to it or destroyed promptly at its request together with all copies made thereof by the receiving Party hereunder. The Parties shall employ the same standard of care they use to protect their own proprietary information, but in any event, no less than reasonable care. (f) No license under any patents or any other proprietary right is granted or conveyed by one Party's transmitting proprietary information or other information to the other Party hereunder, nor shall such a transmission constitute any representation, warranty, assurance, guaranty of inducement by the transmitting Party to the other Party with respect to infringement of patent or any other proprietary right of others. (g) The receiving Party shall not disclose or deliver, directly or indirectly, any technical data or any product utilizing any such data to any person to whom such disclosure or delivery is prohibited by the U.S.

Government, nor export, directly or indirectly, any technical data acquired pursuant to this Agreement or any product utilizing any such data to any country for which the U.S. Government or any agency thereof at the time of export requires an export license or other Government approval without first obtaining such license or approval. (h) The receiving Party acknowledges that the disclosing Party may not have an adequate remedy in the event the receiving Party breaches this provision and that the disclosing Party may suffer irreparable damage and injury. In such an event the receiving Party agrees that the disclosing Party, in addition to any other available rights and remedies, may be entitled to seek an injunction restricting the receiving Party from committing or continuing any violation of this provision.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 Compliance with Laws.

Both Parties shall comply with all applicable laws, regulations, ordinances and other rules of all governments and governmental agencies having jurisdiction over any portion of performance under this Agreement. This Agreement shall be deemed to be a contract made under the laws of the State of California and for all purposes it, plus any related or supplemental documents and notices, shall be construed in accordance with and governed by the laws of the State of California, conflict of law rules notwithstanding.

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7.2 Disputes; Default.

In the event that Westnet is in default under the terms of this Agreement, El Centro shall not have any obligation or duty to continue compensating Westnet for any work and services performed after the date of default.

Instead, El Centro may give notice to Westnet of the default and the reasons for the default. The notice shall include the timeframe in which Westnet may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Westnet is in default, El Centro shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, El Centro may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Westnet does not cure the default, El Centro may take necessary steps to terminate this Agreement under this Article. Any failure on the part of El Centro to give notice of Westnet’s default shall not be deemed to result in a waiver of El Centro’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by El Centro of any work or services by Westnet shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.4 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.5 Legal Action; Attorneys’ Fees.

In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

In the event of any dispute between the Parties concerning the terms and provisions of this Agreement, the prevailing Party in such dispute shall be entitled to collect from the other Party all costs incurred in such dispute, including reasonable attorneys’ fees.

7.6 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Agreement except as specifically provided in the following Section 7.7. El Centro reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Westnet, except that where termination is due to the fault of Westnet, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Westnet shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Westnet shall be entitled to compensation for all work and services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Payment Schedule in Exhibit D of the Statement of Work, Attachment 1 of this Agreement, or such as may be approved by the Contract Officer. In the event of termination without cause pursuant to this Section, El Centro need not provide Westnet with the opportunity to cure pursuant to Section 7.2.

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7.7 Termination for Default of Westnet.

If termination is due to the failure of Westnet to fulfill its obligations under this Agreement, El Centro may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and Westnet shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the El Centro shall use reasonable efforts to mitigate such damages), and El Centro may withhold any payments to Westnet for the purpose of set-off or partial payment of the amounts owed the El Centro as previously stated.

ARTICLE 8. INTELLECTUAL PROPERTY

8.1 Use of Trademarks and Names.

Except as expressly agreed to in writing, neither Party may use the other Party’s name, logo, or trademarks, or any abbreviation of the other Party’s name, in any advertising, marketing campaigns, press releases, or communication with the press, without the specific prior consent of the other Party. In the event written permission is granted for such use, each Party must strictly follow the other Party’s instructions concerning the use of the other Party’s trademarks.

8.2 Reservation of Rights
Westnet reserves all right, title, and interest in and to the Intellectual Property Rights in and to the Westnet System and all equipment, documentation, software (in both object code and source form) and Confidential Information (collectively “Westnet IP”) made available to El Centro for purposes of performing the work and services pursuant to this Agreement. The term “Intellectual Property Rights” shall mean all worldwide rights in and to the Westnet IP, including, without limitation rights to inventions, trade secrets, know-how, technology, research tools, data, software, improvements and rights of authorship and attribution, whether or not protected by patents or copyrights, and including, without limitation, patent applications, patents, trade secret rights, copyrights, trademarks, and other exclusive or non-exclusive rights pertaining to intellectual property owned or controlled by a Party. Nothing in this Agreement is intended to grant any Intellectual Property Right in and to the Westnet IP. This Agreement does not grant El Centro the right to manufacture any of Westnet’s software or equipment.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Facilities and Equipment.

Except as otherwise provided, Westnet shall, at its own cost and expense, provide all facilities and equipment necessary to perform the work and services required by this Agreement. El Centro shall make available to Westnet only physical facilities such as desks, filing cabinets, and conference space (“El Centro Facilities”), as may be reasonably necessary for Westnet’s use while consulting with El Centro employees and reviewing records and the information in possession of El Centro. The location, quality, and time of furnishing of El Centro Facilities shall be in the sole discretion of El Centro. In no event shall El Centro be required to furnish any facilities that may involve incurring any direct expense, including but not limited to computer, long distance telephone, network data, internet, or other communication charges, vehicles, and reproduction facilities.

9.2 Notices.

All notices under this Agreement shall be in writing and shall be sent by United States Postal Service, Certified Mail, Return Receipt Requested (or any other delivery service such as Federal Express or UPS) postage prepaid and addressed as follows:

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If to El Centro: City of El Centro
1275 W. Main Street
El Centro, CA 92243
Attn: City Manager
Tel: (760) 337-4540
Fax: (760) 352-6177
Email: [INSERT]
If to Westnet: Westnet, LLC
15542 Chemical Lane
Huntington Beach, CA 92649
Contracts:

Steve Anderson, CFO
Tel: (714) 548-3500
Fax: (714) 901-5610
[email protected]

Either Party may change its address by notifying the other Party of the change of address in writing.

Electronic mail addresses provided for courtesy, but shall not satisfy any requirements for notices under this Agreement.

9.3 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.4 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall together constitute one and the same instrument.

9.5 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Westnet and by El Centro. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

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9.7 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

9.8 Conflicting Terms
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any attachments or exhibits hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement on the date first written above.

WESTNET, LLC, CITY OF EL CENTRO,
a Deleware limited liability company a municipal corporation BY: BY:

NAME: David Nokes NAME:

TITLE: Chief Executive Officer TITLE:

DATE: DATE:

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ATTACHMENT A
Statement Of Work For First-In Alerting System
Installation At the City of El Centro Fire Stations
1, 2, and 3 and Dispatch System
Westnet, LLC.

Huntington Beach, CA 92649
(800) 807-1700
www.FirstInAlerting.com

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PROJECT OVERVIEW:

The purpose of this project is for the providing and installing of Westnet First-In® Fire Station Alerting System (System). The parties to this project are: Westnet LLC. (Westnet or “Contractor”) as the provider, installer, and implementer of the system and the City of El Centro, as the “Customer.” Upon receipt of a properly formatted alert from the Customer's CAD, the System will utilize the Customer's network and radio system to activate the Westnet Systems in the Customer Fire Stations. Depending upon Station relays and interfaces, the various First-In Smart Station Units (Units) and/or other non-Smart Station units, if implemented (i.e., Customer's public address system, traffic lights, stove, etc.) will emit an audible and/or visual indication of an incoming alert from Dispatch.

EXHIBITS:

The Exhibits listed below are incorporated into and made a part of the Contract. In interpreting these Exhibits any inconsistency between the Exhibits will be resolved in the order in which they are listed.

Exhibit A Delivery and Installation Verification Forms
Exhibit B Warranty
Exhibit C Contract Price and Deliverables
Exhibit D Payment Schedule
Exhibit E Acceptance Test Plan
Exhibit F Final System Acceptance Certificate
Exhibit G Maintenance and Support Statement of Work
PROJECT SCHEDULE:

The estimated project timeline starts upon Westnet’s acceptance of the Customer’s purchase order which includes by reference this Statement of Work. The timeline for completion is ninety (90) days from the later of the accepted Purchase Order or Westnet’s receipt of all programming information necessary to deliver the System. Factors that may expedite or delay this schedule include: each party completing their respective tasks, the technical assistance or items provided by Customer third parties (i.e., CAD vendor) and successful completion of a project milestone.

Customer acknowledges that the system to be provided is highly customized and the result of significant resources in the design, manufacturing, programming, and shipping processes. Should Customer, after authorizing Westnet to proceed with this project, decide to cancel the project, the Customer will remain liable for all special engineering services, project coordination charges, licensed software, computers, and the cost of any Smart Station equipment already designed or programmed as of the time of the cancellation, without regard to whether that equipment was already shipped or delivered.

CHANGE ORDERS:

No changes to this SOW that result in additional charges will be implemented without an approved written Change Order executed by both parties.

WESTNET TO PROVIDE:

1. The Deliverables as listed in Exhibit C.

2. Installation of the Deliverables, which includes installation and testing of the new station cabling.

3. Participation in on-site acceptance testing as listed in Exhibit E.

4. A Westnet Representative at the conclusion of the installation to certify the installation and provide operator training. Operating training will take place during a single mobilization at the conclusion of station installation and consist of one (1) class per fire station.

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5. Project management and coordination with Customer technical staff on system configuration.

6. A one (1) year warranty per Exhibit B. The warranty and technical support period commence upon completion of the Acceptance Testing Plan.

7. As-built drawings depicting the Westnet equipment in the fire station(s).

CUSTOMER TO PROVIDE:

1. Bonding information for the complete project, as well as financial information.

2. Complete and return to Westnet all RFI documents and provide written approval of a completed Voice Track Configuration Sheet thirty (30) days prior to scheduled equipment shipment. Project completion is dependent upon the timely receipt of completed ZIRDs (Zone, Incident, Response, and District level announcements) and Pre-Alert Tones.

3. Prior to Westnet mobilization, a Westnet-approved VPN or IP connection for remote system adjustments, maintenance, troubleshooting and updates shall be verified at each station where installation is to be completed. Additional IP addresses will be required for the following:
• It is estimated that the System will need one (1) additional IP address for maintenance purposes.
• One additional IP address will be required for each station’s Master Control Unit (MCU). • Additional IP addresses will be required if the station has Alerting and/or Mapping Endpoints.

4. The Customer’s IT Dispatch personnel will need to work with Westnet to identify the ports that need to be opened to communicate with the MCU.

5. This quote provides a redundant and synchronized server, as well as redundant RIC configuration, for a seamless transfer of dispatch alerting operations in the event any portion of the primary dispatch system is down or unavailable. Our servers come with the express version of SQL and if the customer wants to have the synchronized server database Customer will need to provide the SQL license (https://www.microsoft.com/en-us/sql-server/sql-server-2022-pricing.)

6. Removal or disposal of any existing equipment.

7. Rough-in of boxes and any conduit required by the electrical code or Customer.

8. Confirmation that all rough-in is complete prior to scheduling installation of the System.

9. Existing amplifier or speaker troubleshooting, repair or replacement.

10. Any interfaces in Dispatch (i.e., CAD or radio console) or licenses to other dispatcher centers.

11. Locked storage for the equipment. The Customer will bear the risk of loss on the equipment once it has been delivered to the Customer or has been permanently affixed to the fire station. The Customer’s Project Manager will inspect the equipment as each Station’s equipment is delivered and will execute the Delivery Verification Form in Exhibit A-1.

12. All antivirus and operating system updates for any Dispatch or station computers supplied for or used in this project. The Customer will need to schedule the updates with Westnet in order to minimize system interruption.

13. Provide a minimum of five (5) business day notice to the Westnet Project Manager or Westnet’s Installation Company should the Customer need to postpone the scheduled installation or any projectrelated visits. Remobilization charges may apply if the Customer has not provided all items listed in

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this Statement of Work prior to the scheduled installation and if Westnet is unable to reasonably continue work at another Customer location.

14. One (1) unused electrical wall outlet for each UPS, Appliance and Systems Interface Unit, flat panel display, Server, and Messenger. Westnet highly recommends using wall outlets that are part of the generator back-up supplied power system.

15. All wiring to and from the Control Remote. Westnet installation does not include any wiring for devices connected to the Control Remote.

16. Adequate space to install the System. If the Customer desires the System to be installed in a rack, a First-In Rack Mount Kit and other accessories will be required. The Master Control Unit (MCU), Power Module and UPS must not be more than six (6) feet from the fire station radio(s), the network switch and a 110-volt outlet.

17. Provide the radio equipment necessary for integration. The installed radio equipment includes, but is not limited to, a properly operating radio, installed outside antenna and feedline, and a lightning arrestor with a five-ohm earth ground circuit connected to the radio antenna lightning suppressing circuit. The radio must produce an acceptable level of signaling, as well as an acceptable level of Dispatch voice audio. An acceptable level of signaling shall be a fixed line level output of 500 millivolts peak-to-peak of Dispatch audio and alerting data (e.g., DTMF, P25, Digital, 2-tone sequential, etc.).

18. Access for Westnet to install, at its discretion, a Westnet-owned Performance Monitoring Computer in Dispatch. The computer is used to administer technical support and maintenance services. The computer will be returned to Westnet at the conclusion of the warranty and/or maintenance period.

19. If permits are required, the Customer will provide electronic drawings of the station. These drawings must be capable of being edited and used for the permit process. Unless otherwise listed as a Deliverable, a separate fee will be assessed for permit fees and related time and expenses.

20. The supply or install of any conduit work, power receptacles, shunt trip circuit breakers, coils for the kitchen appliances, gas solenoid, power contactors, any wiring in excess of 24-volts, bond fees, or any other work and/or materials not specifically included or listed herein.

21. A Customer provided analog paging port to the station’s phone switch which will interface with the Telephone Interface Module to provide in-house/intercom paging over the newly installed System speakers. If the station has VoIP telephone system, the Customer shall provide an analog telephone adapter (ATA) that will include Caller Party Control and assign an extension for in-house paging.

22. The Appliance and Systems Interface Unit (SS-SAIU-10), if applicable, will only control a gas solenoid valve rated at 120 volts. Westnet tested and accepted natural gas valve is the ASCO Red Hat Normally Closed gas valve.

Normally closed means that the valve will flow gas when the 120-volt power is applied to the gas valve control coil. When the fire station is in an alerted mode, the SS-SAIU-10 removes the 120-volt power from the gas control coil and the gas valve closes shutting off the flow of natural gas to the appliances.

This is accomplished using a 24V to 120v relay that is provided and installed by Westnet. The SSSAIU-10 requires a 120V dedicated circuit located in accessible area and is to be installed by a licensed electrician. The Westnet tested ASCO Red Hat valve is part number 8214G030, used on a ¾” pipe, and must be furnished and installed by others. They are not to be mounted outside as they are not rated as weatherproof. The solenoid must be installed in a ventilated area and by a licensed plumber.

Each additional electrical appliance(s) and/or fixture(s), to be controlled by the SS-SAIU-10, requires a customer provided, 50 Amp (Minimum), 600V, 24VAC Coil, continuous-duty contactor to be installed

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by a licensed electrician. The SS-SAIU-10 must be installed on a dedicated circuit (supplied and installed by others).

Appliances utilizing the SS-SAIU-10 must utilize an electric pilot ignitor. If the stove has an automatic ignitor, Westnet will need to have this connection in place at the relay location described above. This will also connect to the relay on a second input using the same relay.

23. Provide Westnet with any other support to ensure successful installation and integration of the alerting Systems.

DEPENDENCIES AND ASSUMPTIONS:

1. The Customer will obtain any required installation approval of the Historical Society or other agencies having jurisdiction over installing/relocating equipment in the Fire Stations. The Customer agrees to pay the permit fees if any.

2. The number of contact closures in a Control Remote will not exceed eight (8). Stations requiring more zones or contact closures will require an additional Control Remote. There is no physical limit to the number of Control Remotes that can be installed in a station. Westnet will not do any high-voltage wiring. Customer

3. Alerting Equipment Tone, Voice or Programming Changes: Any changes in the wording or tones of the voice announcements or reprogramming to any units once the Customer has signed the System Configuration Form may be billable to the Customer.

4. If during the installation process, Westnet suspects or encounters asbestos or other hazards, Westnet will inform the Customer. Westnet will use its best efforts to utilize alternate installation methods but will not drill any holes or disturb the asbestos in the related area. Westnet shall have no liability to the Customer, its employees or to any other persons for any asbestos-related claims, including, without limitation, removal or cleanup costs, loss of use, lost profits or personal injury or property damage.

5. Westnet will use their best efforts to conceal all wiring. However, due to station construction or other installation limitations (i.e., the possibility of asbestos, inaccessibility), certain cables and raceways may need to be surface-mounted or devices relocated to a more practical location. Westnet understands that the term “optimal” is subjective. Although Westnet will attempt to place the equipment in the Customer’s desired locations, Westnet reserves the right to place the equipment in the safest and most beneficial location for system performance.

6. Any issue affecting the installation such as corrections or repairs, discrepancies among Customer personnel regarding the placement, mounting methods or other installation matters, must be resolved within twenty-four (24) hours while Westnet personnel is on-site. If such resolution does not occur, Westnet may bill the Customer and Customer agrees to pay for any standby time until such discrepancy is resolved.

EXCLUSIONS:

Unless specifically stated otherwise, the following items are excluded from the goods and services to be provided by Westnet:

1. Any equipment not listed in the Contract Deliverables Schedule (Exhibit C), including, but not limited to, access doors and hatches.

2. Spare/loaner equipment unless an on-site warranty is purchased.

3. Westnet does not warranty equipment provided under this Statement of Work should a party other than Westnet or Westnet’s installation subcontractor or Westnet trained installer install or integrate

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any non-Westnet equipment into the alerting or dispatch systems. An exception to this is the CAD interface and Customer’s radio system.

4. Westnet and/or any Westnet-supplied equipment will not make a recommendation as to which apparatus or personnel assigned to an emergency call. Rather, Dispatch personnel, the CAD and/or any other Customer mechanism are responsible for equipment and personnel assignment.

5. The Customer will be notified of any non-functioning Customer equipment. Westnet's proposal does not include repair or replacement of any Customer-owned systems. If a station’s public address, lighting, or any other existing systems to be tied into the alerting system are not functioning properly, the Customer will need to repair those items.

6. Westnet's pricing does not include any new circuits, breakers or upgrades to the electrical system or wiring to the emergency panel or generator.

7. Aesthetic restoration of installation areas (e.g., color/texture matching), of ceilings, walls, or conduit runs, beyond what Westnet determines is commercially viable.

8. Taxes and Permit Fees: Unless specifically included in Exhibit C, the Contract Price excludes federal, state, or local sales, use, or other taxes (other than federal, state, and local taxes based on Westnet's income or net worth), all of which will be paid by Customer except as exempt by law. Any increases in any tax rate as listed in the Contract shall be reimbursed by the Customer.

9. The Customer agrees to pay or reimburse Westnet plus overhead for all permit fees, fees by others, time expended in drafting and submittal of permits, and related expenses unless specifically listed and at the amount in Exhibit C. If permits are required, Customer agrees to pay for permit fees (plus overhead or carrying costs), permitting costs, permit expediting fees, as well as additional project management fees.

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EXHIBIT A-1
DELIVERY VERIFICATION FORM*
First-In Fire Station Alerting Equipment
The signature below serves as verification that the boxes with equipment listed for Station ______ in Exhibit C were delivered with no apparent damage.
____________________________________ _________________
Customer Representative Date

____________________________________
Printed Name & Title
(For partial deliveries, the following form shall be used.) The signature below serves as verification that the following boxes with equipment listed for Station ______ in Exhibit C were delivered with apparent damage:

1. _______________________ 3. _______________________

2. _______________________ 4. _______________________
____________________________________ _________________
Customer Representative Date
____________________________________
Printed Name & Title
* Print and execute one copy of this form for each station.

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EXHIBIT A-2
INSTALLATION VERIFICATION FORM*
The signature below serves as verification that the Fire Station Alerting Equipment enumerated in Exhibit C, plus or minus the following mutually agreed upon changes, has been installed in a commercially reasonable manner and functions properly in the System Test Mode. Any punch-list items will be resolved prior to final System Acceptance.

A check in this box means that no equipment changes were made, and that the only equipment installed at the Fire Station is that which is listed in Exhibit C.

A check in this box means the following mutually agreed upon changes have been installed.

1. __________________________ 6. __________________________

2. __________________________ 7. __________________________

3. __________________________ 8. __________________________

4. __________________________ 9. __________________________

5. __________________________ 10. _________________________ ____________________________________ _________________
Customer Representative Date
____________________________________
Printed Name & Title
*Print and execute one copy of this form for each station.

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EXHIBIT B
WESTNET, LLC.

STANDARD LIMITED WARRANTY
Westnet, LLC. (“Westnet’) is providing its Standard Limited Warranty (“Limited Warranty”) covering the FirstIn™ products, parts, components, software and systems purchased by Customer (collectively, the “Product”).

If Westnet, or an authorized Westnet subcontractor performs the installation, such installation service will be deemed to be part of the Product for the purposes of this Limited Warranty.

Warranty Commencement Date: When Westnet, or an authorized Westnet subcontractor, installs the Product, this Warranty shall commence upon the (1) first beneficial use of the Product by Customer, or (2) when installation is complete, whichever occurs first. In all other instances, this warranty commences upon delivery. This Limited Warranty is not extended if Westnet repairs or replaces the Product.

Scope of Warranty: Westnet warrants exclusively to the Customer that the Product will be free from defects in material and workmanship for a period of one (1) year from the Warranty Commencement Date. Westnet will perform all warranty work at its service location only, unless Westnet agrees, in its sole discretion, to perform at Customer’s location. Customer's exclusive remedy for any breach of this Limited Warranty will be either (1) the repair or replacement, at Westnet's option, of the non-conforming Product, or (2) at Westnet’s sole discretion, reimburse Customer the purchase price paid by Customer for the Product, provided Customer has returned the Product to Westnet. Repairs may be made with either new or reconditioned components and will be shipped to the Customer at the expense of Westnet. Any replaced Product becomes the property of Westnet.

Limitations/Exclusions: This Limited Warranty applies only if Westnet confirms that the alleged defect or non-conformance exists and was not caused by Customer’s or any third person’s misuse, negligence, improper installation or testing, or unauthorized attempts to open, repair or modify the Product, or by accident, fire, water, lightning, power cuts or outages, power or telephone line transients, viruses, other hazards, or acts of God, or by any other cause beyond the range of intended use in accordance with the Product's normal usage and Westnet’s published instructions. This Limited Warranty does not cover the following: (1) Any parts and cabling used in the installation of a Product unless Westnet or an authorized Westnet subcontractor (and not Customer or a third party installation company) performs the complete installation, (2) Physical damage to the surface of the Product after its delivery to Customer, including cracks or scratches on the LCD or outside casing, (3) When the malfunction results from the use of this Product in conjunction with other products, or ancillary or peripheral equipment, and Westnet determines there is no fault with the Product itself, (4) Any defect or malfunction of the Product due to any communications software or device Customer may use with the Product, (5) Any damages to or defects in the delivered Products that are observable in a reasonable visual inspection unless a Claim is made in writing to Westnet within thirty (30) days after the date of delivery. This Limited Warranty does not cover loss or damage of any kind resulting from any delay in delivery.

EXCEPT FOR THIS EXPRESS LIMITED WARRANTY AND WESTNET'S STATUTORY WARRANTY OF

GOOD TITLE, WESTNET MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR

IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE PRODUCT COVERED HEREBY, AND

EXPRESSLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, OR (SUBJECT TO THE INFRINGEMENT PARAGRAPH SET FORTH HEREIN) NONINFRINGEMENT OF PATENTS OR OTHER PROPRIETARY RIGHTS. NO EMPLOYEE, AGENT OR REPRESENTATIVE OF

WESTNET IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF WESTNET RELATING TO THE PRODUCTS EXCEPT TO THE EXTENT SPECIFICALLY STATED HEREIN.

WESTNET NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY

OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF THE PRODUCTS.

Warranty Claims: In order to make a Claim under this Limited Warranty, the Customer must first notify Westnet in writing not more than one (1) year after the Warranty Commencement Date. Notice must be sent

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to: Westnet, Attention Warranty Department, 15542 Chemical Lane, Huntington Beach, California 92649
or can be faxed to (714) 901-5610. Inquiries regarding this Limited Warranty can also be directed by phone to (714) 548-3500.

Upon receipt of written notice, Westnet will first, at its option and expense, inspect the Product in its installed location. Unless otherwise waived by Westnet in writing, Customer must return the alleged non-conforming Product to Westnet’s designated service center. Customer shall be responsible for all expenses associated with the transportation to/from Westnet’s designated service center. Westnet shall not be liable for any damage incurred in the transportation of the Product to/from Westnet’s designated service center.

LIMITATION OF LIABILITY: IN NO EVENT SHALL WESTNET, ITS OFFICERS, DIRECTORS, EMPLOYEES,

AGENTS OR SUBCONTRACTORS, BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY

INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL) COST OF CAPITOL OR COST OF COVER ARISING OUT OF OR RELATING TO CUSTOMER’S SELECTION,

ORDERING, DELIVERY, PURCHASE, USE, RESALE OR DISTRIBUTION OF THE PRODUCT, EVEN IF WESTNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGGREGATE LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE

TOTAL AGGREGATE LIABILITY OF WESTNET, ITS OFFICERS, DIRECTORS, SHAREHOLDERS,

EMPLOYEES, AGENTS, OR SUBCONTRACTORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THE PRODUCT, EXCEED THE PURCHASE PRICE OF THE PRODUCT. IT IS INTENDED THAT THIS

LIMITATION WILL APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION, EXCEPT FOR THAT

PROVIDED FOR IN THE INFRINGEMENT PARAGRAPH SET FORTH HEREIN, HOWEVER ALLEGED OR ARISING.

INFRINGEMENT. Westnet agrees to defend Customer and to pay (1) any damages award issued by a court of competent jurisdiction against Customer, and (2) direct expenses, including reasonable attorneys' fees (but excluding any lost revenues, lost profits or other consequential economic damages of Customer) as a result of any action brought against Customer, if and to the extent the action is based on a valid claim that any Product purchased by Customer under this Agreement infringes another person's U.S. patent, copyright, trade secret or trademark. Westnet will not have liability for, and Customer will defend Westnet against, and pay any damages awarded against Westnet and direct expenses, including reasonable attorneys' fees (but excluding any lost revenues, lost profits or other consequential economic damages of Westnet) to the extent the claimed infringement is based on or results in any material part from (a) any use of the Product other than in accordance with Westnet’s published instructions, (b) any unauthorized modification or alteration of the Product, (c) any combination or use of the Product with any other product or system or technologies not supplied by Westnet; (d) Westnet's compliance with Customer's design or specifications, or (d) any refusal to accept or use suitable modified or replacement Products provided by Westnet to avoid infringement.

Westnet's obligations under this paragraph will be conditioned upon Customer promptly notifying Westnet in writing of the existence of any such claim, giving Westnet full authority to conduct the defense and settlement of the claim, at Westnet's expense and with counsel of Westnet's selection, and cooperating fully with Westnet and such counsel.

This Limited Warranty will be governed by the laws of the State of California, U.S.A., excluding their conflicts of laws principles. The United Nations Convention of Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty.

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EXHIBIT C

CONTRACT PRICE AND DELIVERABLES
Quote ID Name Price
Q-10249-
G9C8
Revision: 2
Quote: El Centro Fire Station #1 First-In Alerting Smart Station System Revised 2
$75,322.53
Q-10250-
J5L9
Revision: 2
Quote: El Centro Fire Station #2 First-In Alerting Smart Station System Revised 2
$71,674.08
Q-10251-
B7T2
Revision: 2
Quote: El Centro Fire Station #3 First-In Alerting Smart Station System Revised 2
$139,876.32
Q-10264-
Z7L9
Revision: 2
Quote: El Centro Fire Department First-In Alerting Platform Dispatch System Revised 2
$121,555.22

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EXHIBIT D
Payment Schedule
Description Total Project
Quote: El Centro Fire Station #1 First-In Alerting
Smart Station System Revised 2
$75,322.53
Quote: El Centro Fire Station #2 First-In Alerting
Smart Station System Revised 2
$71,674.08
Quote: El Centro Fire Station #3 First-In Alerting
Smart Station System Revised 2
$139,876.32
Quote: El Centro Fire Department First-In Alerting
Platform Dispatch System Revised 2
$121,555.22

Quote ID Name Milestone
1 Milestone
2 Milestone
3 Milestone
4 Price
Q-10249-
G9C8 Rev: 2 Fire Station #1 30% 30% 30% 10% $75,322.53
Q-10250-
J5L9 Rev: 2 Fire Station #2 30% 30% 30% 10% $71,674.08
Q-10251-
B7T2 Rev: 2 Fire Station #3 30% 30% 30% 10% $139,876.32 Q-10264-
Z7L9 Rev: 2 Dispatch 30% 30% 30% 10% $121,555.22
Total $ 408,428.15
Note: Project milestones above are defined as follows with the percentage shown being the percent of the Price that is invoiced at each milestone.

Milestone # Project Milestone Reference Exhibit
1 Contract Signature n/a
2 Due Upon Delivery Exhibit A-1
3 Due Upon Installation Exhibit A-2
4 Due Upon Final Acceptance Exhibit F
If payment is not received within thirty (30) days from the date of invoice, an interest charge of one and a half percent (1.5%) per month of the unpaid balance will be charged (18% per annum), which the Parties agree represents the cost of extending credit for late payments.

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EXHIBIT E

ACCEPTANCE TEST PLAN
OBJECTIVE: The purpose of completing this Acceptance Test Plan is to achieve “System Acceptance” by demonstrating to the Customer that the installed fire station alerting system (“System”) equipment is operational and properly performs the function specified herein. Upon successful execution of this ATP, the System will have achieved “System Acceptance.” Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance but will be corrected according to a mutually agreed upon schedule. In the event that a part of the System does not pass the ATP, the System will be re-tested when Westnet determines that a corrective action has been taken to ensure proper operation. Final System Acceptance will occur after System Acceptance and when all deliverables and other work have been completed. When Final System Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the Final System Acceptance Certificate.

SCOPE: The scope of this ATP is limited to the System supplied by Westnet, LLC. It does not include any other equipment or systems upon which the alerting system, once in use, relies for proper activation and function (i.e., the Customer’s CAD, radio, network and/or electrical systems). The failure or unavailability of these other systems during the ATP shall not affect the outcome of this ATP, nor shall it affect the System Acceptance and subsequent Final System Acceptance of the System.

TEST SCHEDULE: Westnet and the Customer will conduct the ATP at a mutually agreed-upon time and date once Westnet informs the Customer that the System is ready for acceptance testing.

FIRE STATION METHODOLOGY: The ATP will test devices that, operationally, are activated by Dispatch, as well as devices that are not activated by Dispatch, but rather the fire station crew.

1. Data / Network Activation Operation - This section tests/simulates a test of a network-based alert of the station from Dispatch. Data sequences assigned to the fire station zones shall be applied to the Ethernet port of the Master Control Unit using the Alerting Platform or a computer equipped with the First-In API. The alerting response from the alerting system shall announce the specific unit(s) associated with the alerted and audio distribution shall activate all areas associated with the zone alerted. Once the zone is activated, the pre-announcement will announce the units alerted, nature of the call, and other preannouncement information detailed in the ZIR signoff sheet. After the preannouncement is complete, the dispatch audio will be heard throughout the station speakers.

2. Radio Activation Operation – This section tests a radio-activated alert of the station from Dispatch, more specifically the Radio Interface Controller (RIC)'s activation of a station's Master Control Unit (MCU). This test will utilize First-In RIC’s alert signaling on the Customer’s radio system.

A. Test of All-Call. This test will activate the "All-Call" zone in every station. Successful performance of this test requires All-Call activation from the Alerting Platform User Application, as well as All-Call activation from the manual RIC keypad. Once the zone is activated, the pre-announcement will announce the All-Call message and the dispatch audio is heard throughout the station speakers.

Pass
N/A
Fail
Notes:

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B. Test of Specific Zones in a Designated Station. This test will activate a specific zone (i.e., Engine) in a Designated Station. Step 1 of this test requires the proper station to be activated both from the Alerting Platform User Application, as well as the manual RIC keypad. Step 2 of this test requires that the specific zone selected be activated. Once the zone is activated, the pre-announcement will announce unit(s) assigned to the call and the dispatch audio is heard throughout the station speakers.

3. Turnout Timer Operation - This section tests the activation of the Turnout Timer(s). Upon activation of the Master Control Unit, the Timer(s) will begin to count up on a per-second basis. The Timer(s) will continue to count up and will automatically shut down when the Master Control Unit sends the shutdown command to the station.

4. Automatic Backup Alerting - This section tests the automatic failover from the IP system to the RIC for a radio-based alert. The RIC shall automatically be activated from the First-In Alerting Platform (FiAP) as soon as the FiAP detects that the primary alert was not successful. Without any action required on the part of the dispatcher, the RIC will send the alert to the proper station and units assigned to the call.

5. Manual Backup Alerting - Using the manual keypad of the RIC, the Customer selects the station and units to activate in the selected fire station. The station MCU activates the appropriate station and unit(s).
____________________________________ _________________
Customer Representative Date
____________________________________
Printed Name & Title
Pass
N/A
Fail
Notes:

Pass
N/A
Fail
Notes:

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EXHIBIT F

FINAL SYSTEM ACCEPTANCE CERTIFICATE
The signature below serves as verification that the System has passed the Acceptance Test Plan and that all deliverables and work have been completed.
____________________________________ _________________
Customer Representative Date
____________________________________
Printed Name & Title

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EXHIBIT G

MAINTENANCE AND SUPPORT

STATEMENT OF WORK

1. SCOPE OF SERVICES
Westnet will provide comprehensive turnkey maintenance and support services for the installed First-In Fire Station Alerting System, ensuring all components are operating at peak performance in accordance with factory specifications in effect at the time the equipment was purchased. The Services to be provided under this agreement include the following:
• One year, 24/7 toll-free technical support
• Repair and/or replacement of malfunctioning units (except UPS) • Spare equipment delivered the next business day (and Saturdays where available) • Remote diagnostic analysis and uploads, standard release software upgrades

2. RESPONSE TIMES
Response times shall be determined in accordance with the Priority Level and Descriptions set forth in the following table where applicable. The response time shall commence from the time the Customer requests service or notifies Westnet of problems with the System by contacting Westnet’s Call Center (“Notification”).

Issue resolution may include phone support, VPN remote access, or on-site service (for issues not resolved via phone support or remote access). On-site times are calculated by after remote attempts to correct the issue are deemed unsuccessful or unavailable by Westnet. Lack of or unavailability of a Customer-supplied VPN connection to any station or the dispatch center shall be considered the Customer’s waiver of any response time obligation for that particular issue.

Westnet Technical Support: (800) 807-1700
Office Hours: 8:00 – 5:00 PST, Monday – Friday
Priority
Levels Hours / Days Description
1 24/7/365
Including
Holidays
3-6 Hour
Response
This priority level represents a significant issue that results in the inability to use the dispatching and/or alerting systems.
• Any reported trouble with Westnet-supplied Dispatch (System) Project Equipment.
• Station reports that it is not receiving any form of an alert or there is no audio in any areas of the fire station.
• Other failures that render the fire station MCU and more than five audio transmitting devices unusable.
2 8:00 – 5:00
PST, Monday –
Friday
2-BusinessDay Response
This priority level represents a moderate issue that restricts normal use of the dispatching and/or alerting systems.
• Any non-essential Dispatch Project or Fire Station device reported inoperable. • Reports on receiving other stations or companies’ alerts. • Requests to increase fire station volume levels within fire departmentapproved parameters.

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3 8:00 – 5:00
PST, Monday –
Friday
3-BusinessDay Response
This priority level represents minor or non-emergency issues that do not restrict normal use of the dispatching and/or station alerting systems. • Requests to decrease volume levels within fire department-approved Parameters.
• Add additional equipment, request programming, or voice-chip changes. • Requests for additional training.
• Other non-mission-critical matters in the dispatch centers or fire stations.

3. WESTNET’S RESPONSIBILITIES
Westnet shall:

A. Provide Westnet-owned spare equipment while a System component is returned to Westnet for repair or replacement.

1. Any Westnet-owned spare equipment parts provided under this Agreement are the property of Westnet. Any damage to Westnet’s spare equipment parts is not covered under this Scope of Services and the Customer shall pay for the repair or replacement of the spare equipment parts.

2. Westnet may service replaceable parts, by way of new or remanufactured replacement parts to Customer on an exchange basis. Upon receipt by the Customer of the replacement part, the original part becomes the property of Westnet, and shall be returned by the Customer to Westnet. The Customer shall pay Westnet the full retail value of the replacement part if Westnet provides notice to the Customer to return the original part and Westnet does not receive the original part within thirty (30) days after replacement part installation.

B. Upon request, Westnet shall provide a written quote for additional work not specifically identified in this Agreement. Such work could include, but is not limited to, additions and installation of new equipment, relocation of existing equipment, upgrades (not part of Westnet standard releases) and enhancements, and other system related goods and services. If the Customer decides to proceed with the work, a new purchase order will be issued exclusively for the work to be ordered.

4. CUSTOMER’S RESPONSIBILITIES
The Customer shall at all times or upon request:

A. Make no modifications to the System without obtaining approval from Westnet in writing.

B. Notify Westnet of any problems with the System by calling the Westnet Systems Group at 1-800-807- 1700 (Westnet’s call center).

C. Provide and maintain an operating 24/7 VPN with IP access to the stations for the duration of the Agreement. The VPN shall allow Westnet to connect to all fire stations that are equipped with the First-In Fire Station Alerting (First-In) equipment. The VPN must be operating and the Customer must allow Westnet to test the VPN prior to the commencement of this Agreement.

D. Ensure that the Westnet monitor computer in the Dispatch Center (if provided) has 24/7 access to the VPN and to all Customer fire stations. The Customer will return the Westnet monitor computer to Westnet at the conclusion of this Agreement and any additional extensions.

E. Provide the make and model number of the fire station radio the System is connected to for the source of dispatch audio. If there are any connections to this radio other than the outside antenna and the power source, the Customer will provide a diagram showing the method of connection, connector pins used, signals obtained from the radio and signals sent to the radio by the fire station equipment.

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F. Provide the name, 24-hour telephone number and position of the responsible party that can be contacted about each station’s radio communication, public address, CAD, and network equipment.

G. Provide Westnet with either code-access to the stations or an escort that is available 24/7 and within one (1) hour of notice of an on-site visit. If training, badges or background checks are required any time during the term, Customer agrees to pay for such costs.

H. If applicable, provide the make and model number of fire station amplifier, type of connectors used by fire alerting input, input impedance and the necessary audio level to drive station amplifier.

I. Provide a description of station control circuits (e.g., lighting, door openers, gas shut-off) and the number of circuits to be controlled by the Control Remote.

J. Ensure that the MCU at each station is at all times plugged into the Westnet supplied on-line full-time UPS.

K. Ensure that the MCU at each station is at all times plugged into the First-In Radio Isolation Unit.

Westnet will exclude from this Agreement the repair of any equipment not properly connected to the Radio Isolation Unit.

L. Ensure that the radio antenna and lightning arrestor is installed, is installed per current engineering standards and that all lightning protection equipment is connected to a 5-ohm earth ground by a #6 or larger cable not exceeding eight (8) feet in length between the 5-ohm earth ground and the protected equipment.

M. Notify Westnet prior to making any change in any equipment connected to the fire station System.

Page 71 of 215 ends

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

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

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

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

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

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

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

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

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

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

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

AUTOS ONLY
3/10/2026
RCP, Alera Group, LLC
8182 Maryland Ave.

Suite 250
Clayton MO 63105
Spence Myer 314-328-5951 [email protected] License#: 20020393 Travelers Casualty Insurance Company of America 19046 WESTHOL-01 Burlington Insurance Company 23620 Westnet, LLC
15542 Chemical Lane
Huntington Beach CA 92649
Hartford Fire Insurance Company 19682 1489889264
C X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X X X Y Y 84CESOF0C5E 3/15/2025 3/15/2026
2,000,000 Project Max Agg 5,000,000
A 1,000,000 X
X X
Y Y BA6X969041 3/15/2025 3/15/2026
B X X 2,000,000 Y Y 973BE09712-01 3/15/2025 3/15/2026
2,000,000
C
X
N
Y 84WECAK3XKY 4/1/2025 4/1/2026
1,000,000 1,000,000 1,000,000
El Centro and its officers, officials, employees, agents, and volunteers under General Liability (including Ongoing and Completed Operations), Automobile Liability, and Umbrella Liability on a primary and non-contributory basis, where required by written contract. Waiver of Subrogation applies in favor of the additional insureds under General Liability, Automobile Liability, Umbrella Liability, and Workers Compensation, where required by written contract, except as prohibited by law. Umbrella is follow form over general liability, auto liability and workers compensation. Thirty day notice of cancellation. City of El Centro 1275 W. Main Street
El Centro CA 92243

Page 72 of 215 ends

City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-70)
Item: 8.

Meeting: 4/14/2026 8:30 AM
Department: Police
Category: Presentation
Prepared by: Rene McNish ,
Lieutenant
Department Head: Rene McNish
DOC ID: 2026-70
Operational update for the El Centro Police Department's drone program.

CITY MANAGER'S RECOMMENDATION:

Receive and File the El Centro Police Department Unmanned Aerial Systems (UAS) Program Operational Update.

FISCAL IMPACT:

Not applicable
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Community Health, Safety & Welfare
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

BACKGROUND:

The El Centro Police Department’s UAS Program continues to serve as a force multiplier, enhancing officer safety, situational awareness, and operational effectiveness. The Department currently operates Skydio X10 drones supported by certified pilots from both ECPD and El Centro Fire Department. The Department maintains an FAA Certificate of Authorization (COA) allowing day and night public safety operations throughout Imperial County in compliance with federal regulations.

DISCUSSION:

The program experienced significant growth from 2024 through 2026:
• 2024: 78 deployments
• 2025: 300 deployments
• 2026 (to date): 24 deployments resulting in 10 arrests • Total arrests (2024–2026): 37
Deployments included high-risk searches, perimeter containment, burglary and theft investigations, SWAT operations, missing persons, fire response support, and special enforcement details.

The UAS team conducts monthly training and joint exercises with SWAT to maintain

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tactical integration and operational readiness.

Future considerations include:
• Implementation of a Drone as First Responder (DFR) program • Acquisition of additional drones, including indoor-capable systems • Pursuit of FAA authorization for Beyond Visual Line of Sight (BVLOS) operations CONCLUSION:

The UAS Program has demonstrated measurable operational success, increased arrest outcomes, strengthened interagency coordination, and enhanced public and officer safety.

Staff recommends Council receive and file this update.

ATTACHMENTS:

None

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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-35)
Item: 9.

CITY MANAGER'S RECOMMENDATION:

FISCAL IMPACT:

There is no fiscal impact to the general fund. The Communications Site Lease Agreement with Vero Fiber would include $200 per month in rent and they would provide fiber connectivity to the parks yard.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Recreation & Lifelong Learning
Economic Opportunity
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

Vero Fiber Networks, LLC is regulated by the California Public Utilities Commission (CPUC) and they have been granted a Certificate of Public Convenience and Necessary by the CPUC to operate as a telecommunications provider in California. Additionally, Vero Fiber would be required to obtain an El Centro Business License.

BACKGROUND:

In late 2025, Vero Fiber Networks, LLC informed City Staff they were interested in expanding their business to El Centro and the surrounding region. Their goal is to expand fiber internet to the home. They also indicated their desire to lease 1,200 square feet of land from the City of El Centro to install a telecommunications shelter, along with a backup generator and associated HVAC equipment.

DISCUSSION:

A Communications Site Lease Agreement has been drafted for Council consideration.

Under the Agreement, the City leases approximately 1,200 square feet of land for the installation, operation, and maintenance of a telecommunications facility, which includes an equipment cabinet, fiber optic cables, related support equipment, fencing and utilities.

The leased area would remain the exclusive property of Vero Broadband and may only be used for broadband and telecommunications purposes.

The lease term is fifteen (15) years, beginning on the effective date of the agreement, with the option for the parties to negotiate an extension. Monthly rent is set at $200 per month,

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payable in advance, with a 3% annual escalation.

Vero Broadband is responsible for all building permits, construction, maintenance, utilities, and compliance with applicable laws. The company must maintain required insurance coverage and indemnify the City against claims arising from itus use of the site. Upon expiration or termination of the lease, Vero Broadband is required to remove its facilities and restore the site to good condition.

CONCLUSION:

ATTACHMENTS:

1. 2026-04-03 Vero Fiber Communications Site Lease Agreement - El Centro Redline

4.8.2026

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Communications Site Lease Agreement
This Communications Site Lease Agreement (“Lease”) is made and entered into as of the _____ day of _______________, 2026, (“Effective Date”) by and between the City of El Centro, a California municipal corporation (“Lessor”), and Vero Broadband, LLC, a Colorado limited liability company (“Lessee”). Each of Lessor and Lessee may be referred to in this Lease individually as a “Party” and collectively as the “Parties.”
Recitals
WHEREAS, Lessor owns certain real property generally located at 1350 South 8th St., El Centro, CA 92243 consisting of approximately 18.78 acres of land (the “Property”), as more particularly described in Exhibit A, which is attached hereto and incorporated herein by this reference; and WHEREAS, Lessee is a provider of broadband services and desires to provide those services to the El Centro community; and
WHEREAS, Lessee desires to lease from Lessor a certain portion of the Property, subject to the terms and conditions herein, to facilitate Lessee’s providing broadband service to the El Centro community.

NOW, THEREFORE, for and in consideration of the mutual promises and covenants set forth herein, and the good and valuable consideration set forth herein, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Agreement to Lease. Lessor hereby grants to Lessee, according to the terms and conditions set forth herein, a lease of approximately 1,200 square feet of land on the Property, together with conduit pathways from the public right of way, across the Property, to Lessee’s telecommunications and broadband equipment (collectively, the “Site”), as more particularly described in Exhibit B, which is attached hereto and incorporated herein by this reference.

2. Purpose. The Site may be used and occupied by Lessee solely for the access (ingress and egress), installation, operation, maintenance and replacement of an equipment cabinet and all related support equipment, conduit, fiber optic cables, connections, and all appurtenant fixtures as further set forth in Exhibit C, which is attached hereto and incorporated herein by this reference (collectively, the “Facility”) to provide broadband internet and telecommunications transmission (the “Permitted Use”): The Facility shall be the exclusive property of Lessee. Nothing herein shall give Lessee the right to use the Site for any other purpose without the prior written consent of Lessor. Except for the development necessary to install the Facility, no development or demolition shall occur on the Site.

3. Term. This Lease will be for a term beginning on the Effective Date and continuing for fifteen (15) years thereafter (“Term”), unless otherwise earlier terminated as provided herein. Lessor will deliver nonexclusive and lawful possession of the Site to Lessee on the Effective Date for Lessee to commence

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constructing Lessee’s Facility. The Parties may elect to extend the Term of this Lease upon such terms and conditions as may be mutually agreed upon in writing and signed by the Parties at the time of any such extension. All days set out are calendar days.

4. Rent.

4.1 Commencing on the Effective Date, Lessee will pay Lessor monthly rent for the Site in advance of two hundred fifty dollars and zero cents ($250.00) per month (“Rent”). Lessee shall pay Lessor the first month’s Rent prorated to cover only the remainder of the then current calendar month. Thereafter during the Term, Rent will be due and payable on the first of each month. Rent paid after the thirtieth day of each month will be deemed as late; and if rent is not paid within ten (10) days after such late payment date, Lessee shall pay a late charge of ten percent (10%) of the balance due. The monthly Rent shall escalate by five percent (5%) at the end of every year while this Lease is in effect.

4.2 The Lessee shall provide 1‑Gbps GPON‑based Business Fiber Internet service to the City of El Centro facility at Bucklin Park, located at 1350 South 8th Street, El Centro, CA 92243. The standard rate card cost of two hundred dollars ($200.00) for the 1‑Gbps GPON‑based Business Fiber Internet service shall be reduced to zero dollars and provided at no cost for the Term of this Lease. Installation of the service shall occur after the Effective Date of this Lease and shall be completed as soon as the service becomes available. This internet service is intended solely for administrative use by the City of El Centro and shall not be used to provide internet access to the general public.

5. Holdover Tenancy. Unless this Lease has been extended by mutual written agreement of the Parties, there will be no holding over after the expiration of the Term under this Lease. If Lessee retains possession after the expiration of the Term, Lessee shall pay a holdover fee of 125% of the then applicable rent computed on a monthly basis for each month or portion thereof during such holdover. Notwithstanding the above, in the event that Lessee and Lessor are engaged in good faith negotiations upon and subsequent to termination or expiration of the Term, Lessee may retain possession pending resolution of such negotiations, but in no case longer than 90 days. The Parties understand that the monthly rent for any extension shall be increased.

6. Surrender of the Site. Lessee shall return the Site to Lessor upon expiration or earlier termination of this Lease in good condition and repair, ordinary wear and tear excepted. Upon the expiration or earlier termination of this Lease, Lessee will remove the Facility from the Site at the sole cost and expense of Lessee. Any Lessee property left on the Site after ninety (90) days following the expiration or earlier termination of this Lease will be deemed to have been abandoned by Lessee and may be retained by Lessor.

Lessee will pay Lessor for all reasonable expenses incurred by Lessor in connection with the removal of such property, including, but not limited to, the cost of repairing any material damage to the Site caused by the removal of such property, reasonable wear and tear excepted. Notwithstanding the above, in the event that Lessee and Lessor are engaged in good faith negotiations upon and subsequent to termination or expiration of the Term, the Facility may remain in-place pending resolution of such negotiations, but in no

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case longer than 90 consecutive calendar days. Lessee’s obligation to observe and perform this covenant will survive the expiration or termination of this Lease.

7. Condition of the Site. Lessee has examined the Site and accepts the Site in its current “as is” condition and, except as expressly set forth herein, Lessor makes no representation or warranty, express or implied, including but not limited to, any warranty of fitness for a particular purpose. Lessee acknowledges that Lessee has not relied on any representations or warranties by Lessor in entering this Lease.

8. Use of the Site. Lessee will not use the Site for any unlawful purpose or in any manner that will materially harm Lessor’s interest in the Site. Lessee shall not interfere with Lessor's present operations or communications setups or other present lessees or other agreements of Lessor. Lessor shall not use, nor shall Lessor permit its tenants, lessees, invitees or agents to use, any portion of the Property in any way which interferes with the operations of Lessee. Lessee will not dispose of waste upon the Site and, at its sole expense, will maintain the Site in good repair and make all necessary repairs thereto.

9. Access to Site. Lessee, its employees, contractors, subcontractors and agents shall have access to the Site on a continuous, year-round basis, twenty-four (24) hours per day, seven (7) days per week, to make any necessary maintenance and repairs and as may otherwise be needed to operate Lessee’s business.

10. Improvements and Alterations.

10.1 Upon the Effective Date of this Lease or as otherwise agreed to between the Parties, Lessee shall commence construction of the Facility and, if applicable, make the improvements and alterations as further described in Exhibit C.

10.2 From time-to-time Lessee may make reasonable improvements, alterations, additions, or other changes to the Site without the prior written approval of the Lessor. Lessee agrees that any construction will be performed in a good and workmanlike manner and will comply with all applicable laws. Subject to the abandonment provisions of Section 6, all improvements, alterations, additions, or other changes to the Site shall remain the property of Lessee upon the termination of this Lease. Any such improvements, alterations, additions or other changes shall be within the Site.

11. Hazardous Substances. Unless prior written authorization is received from Lessor, Lessee will not keep or store on the Site any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the Site or that might be considered hazardous or extra hazardous by any responsible insurance company.

12. Signs. Subject to local zoning regulations, Lessee shall have the right to place a reasonable sign on the exterior of the Facility and/or its front gate, if applicable, to identify its ownership, business, and emergency telephone numbers.

13. No Mechanics Lien. Lessee will pay or cause to be paid all costs and charges for work (a) done by Lessee or caused to be done by Lessee in or to the Site, and (b) for all materials furnished for or in

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connection with such work. Lessee will not permit any mechanics or other liens to be filed against Lessor’s interest to the Site or the Property as a result of any work performed for or obligations incurred by Lessee.

Lessee will indemnify Lessor for any liability, cost, or expense, including attorney’s fees, in the event any such lien is filed.

14. Permits and Approvals. Lessee will be responsible for obtaining all licenses, permits, and approvals required by any federal, state, or local authority in connection with its use of the Site. Lessor will cooperate with Lessee and provide the necessary documents to obtain such licenses, permits, and approvals.

15. Compliance with Laws. Lessee covenants and agrees to comply with all federal, state, and local laws, regulations and ordinances affecting the Site and use of the Site, including applicable environmental laws.

16. Taxes. Lessee shall pay all taxes or assessments which are levied or charged on Lessee’s personal property on or in the Site during the Term.

17. Indemnification. Lessee, on behalf of itself and its affiliates (or “Indemnitor”) shall indemnify, defend (with counsel subject to the reasonable approval of the City), protect, and hold harmless the Lessor, its officers, agents and employees (or “Indemnitee”), from and against, and assume liability for all claims, suits, actions, damages, costs and expenses (including reasonable attorneys’ fees and costs of litigation) (collectively, “Claims”) which in whole or in part arise out of or result from (a) the negligent or willful acts, omissions, or willful misconduct of the Lessee in the performance or non-performance of its obligations or exercise of its rights under this Lease; (b) any breach of a representation, warranty, covenant or agreement made or to be performed by the Lessee under this Lease, (c) any act or failure to act by the Lessee in regard to the performance of this Lease, or (d) the violation of any law, regulation, rules, tariffs, dockets, ordinances, orders or guidelines, or other regulatory requirements applicable to this Lease in the performance or non-performance of its obligations or exercise of its rights under this Lease. The Indemnitor’s indemnification obligations hereunder shall not be applicable to any Claims arising from the Indemnitee’s gross negligence, intentional acts or omissions, willful misconduct, or the Indemnitee’s violation of any law or regulation.

Except for the gross negligence or willful misconduct of Lessor, Lessee shall defend (with counsel of Lessor’s choosing), indemnify and keep and hold Lessor, including Lessor’s officers, employees and agents, their successors and assigns, harmless from any and all costs, liability, damage or expense (including costs of suit and fees and expenses of legal services) claimed by anyone by reason of injury to or death of persons, or damage to or destruction of property, including property of Lessee, sustained in, on or about the Site or arising out of Lessee’s use or occupancy thereof, as a proximate result of the acts or omissions of Lessee, its employees and agents, or its contractors, licensees, invites or sub-Lessees, their successors and assigns or arising out of the condition of the property. Lessor shall, by appropriate, written notice to Lessee, advise Lessee as soon as practicable regarding any potential liability of Lessee under this Section.

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18. Limitation of Liability.

18.1. Neither Party shall be liable for loss or damage occasioned by a Force Majeure Event as defined in Section 21 below.

18.2. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES,

INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA,

LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, COST OF PURCHASING

REPLACEMENT SERVICES OR LOSS OF USE, INCURRED OR SUFFERED BY EITHER PARTY

ARISING OUT OF OR IN CONNECTION WITH, THE PERFORMANCE OR FAILURE TO PERFORM

UNDER THIS LEASE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR ANY LEGAL

THEORY, EVEN IF THE OTHER PARTY OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL OF SUCH DAMAGES ARE HEREBY EXPRESSLY WAIVED BY LESSOR AND LESSEE.

18.3. Neither Party is responsible or liable to the other Party for any loss, claim, damage, or expense as a result of any accident, injury or damage to any person or property occurring anywhere on the Property resulting from the gross negligence or willful misconduct of the other Party.

19. Default.

19.1 The following shall each constitute an “Event of Default”:

19.1.1 By Lessee, if Lessee fails to make any required payment due within thirty (30) calendar days of receiving notice of the breach from Lessor.

19.1.2 By either Party, if either Party fails to perform any obligation or condition or to comply with any term or provision of this Lease if such failure continues for thirty (30) days (except where a different period of time is specified in this Lease, in which case such different time period shall apply) after delivery of written notice thereof; however, if the nature of the default is such that it cannot be cured within the thirty (30) day period, no default shall exist if the cure is commenced within the thirty (30) day period and is thereafter diligently pursued until completion.

19.1.3 By either Party, if either Party files a petition for bankruptcy, reorganization, liquidation, or similar relief, or makes an assignment for the benefit of creditors.

19.2 Remedies Upon Default.

19.2.1 Upon the occurrence of an Event of Default by Lessee, Lessor shall have the right to terminate this Lease and recover possession of the Site by giving written notice to Lessee of Lessor’s election to terminate this Lease, which termination shall be effective upon receipt of notice by Lessee.

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19.2.2 Upon the occurrence of an Event of Default by Lessor, Lessee shall have the right to terminate this Lease by giving written notice to Lessor of Lessee’s election to terminate this Lease, which termination shall be effective upon receipt of notice by Lessor.

19.2.3 Either Party may at its sole option, but without any obligation, cure a non-monetary breach at the defaulting Party’s expense at any point and invoice the defaulting Party for the same. The non-defaulting Party’s rights hereunder shall be in addition to, and not a substitute for, all other remedies contained in this Lease or any other right or remedy now or hereafter existing at law or equity against the defaulting Party.

20. Reserved.

21. Force Majeure. Neither Party shall be liable for any failure of performance hereunder due to causes beyond its reasonable control including, but not limited to, acts of third parties not under the direction or actual control of the Party delayed or unable to perform, acts of God, fire, explosion, vandalism, cable cut, flood, storm, or other similar catastrophe, any law, order, regulation, direction, action, request or failure to act of the government, or any department, agency, commission, court, or bureau of a government, or any civil or military authority, national emergency, pandemic, insurrection, riot, war, strike, lockout, or work stoppage (each, a “Force Majeure Event”). The Party claiming relief under this Section shall notify the other Party of the occurrence or existence of the Force Majeure Event and of the termination of such event, and performance of such act shall be excused for the period of the delay and the period for the performance of such act shall be extended for a period equivalent to the period of such delay.

22. Insurance.

22.1 Without limiting Lessee’s indemnification of Lessor, and prior to commencement of this Lease, Lessee shall obtain, provide, and maintain at its own expense during the Term of this Lease, policies of insurance of the type and amounts described below and in a form satisfactory to Lessor:

22.1.1 General liability insurance. Lessee shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

22.1.2 Automobile liability insurance. Lessee shall maintain automobile insurance at least as broad as Insurance Services Office Form CA 00 01 covering bodily injury and property damage for all activities of the Lessee arising out of or in connection with work to be performed under this Lease, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

22.1.3 Workers’ compensation insurance. Lessee shall maintain Worker’s Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000.

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22.2 Proof of insurance. Lessee shall provide certificates of insurance and required endorsements to Lessor as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Lessor’s Risk Manager or designee prior to commencement of performance. Current certification of insurance shall be kept on file with Lessor for the Term of this Lease and any additional length of time required thereafter. Lessor reserves the right to require complete, certified copies of all required insurance policies, at any time.

22.3 Duration of coverage. Lessee shall procure and maintain for the Term of this Lease, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with this Lease.

22.4 Primary/noncontributing. Except for Workers Compensation, coverage provided by Lessee shall be primary and any insurance or self-insurance procured or maintained by Lessor shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Lessor before the Lessor’s own insurance or self- insurance shall be called upon to protect it as a named insured.

22.5 Lessor’s rights of enforcement. In the event any policy of insurance required under this Lease does not comply with these specifications or is canceled and not replaced, Lessor has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Lessor will be promptly reimbursed by Lessee or Lessor will withhold amounts sufficient to pay premium from Lessee payments.

In the alternative, Lessor may terminate this Lease.

22.6 Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Lessor’s Risk Manager or designee.

22.7 Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Lease shall be endorsed to waive subrogation against Lessor, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Lessee or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Lessee hereby waives its own right of recovery against Lessor and shall require similar written express waivers and insurance clauses from each of its subconsultants.

22.8 Enforcement of contract provisions (non estoppel). Lessee acknowledges and agrees that any actual or alleged failure on the part of the Lessor to inform Lessee of non-compliance with any requirement imposes no additional obligations on the Lessor nor does it waive any rights hereunder.

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22.9 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section 22 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Lessee maintains higher limits than the minimums shown above, the Lessor requires and shall be entitled to coverage for the higher limits maintained by the Lessee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Lessor.

22.10 Notice of cancellation. Lessee agrees to oblige its insurance agent or broker and insurers to provide the Lessor with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Lessee’s insurers are unwilling to provide such notice, then Lessee shall have the responsibility of notifying the Lessor immediately in the event of Lessee’s failure to renew any of the required insurance coverages or insurer’s cancellation or non-renewal.

22.11 Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

22.12 Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Lessor and approved of in writing.

22.13 Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Lessee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

22.14 Pass through clause. Lessee agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto the Site or involved in the project/service by Lessee (hereinafter collectively “subcontractor”) hereunder, provide the same minimum insurance coverage and endorsements required of Lessee. Lessee agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section 22. However, in the event Lessee’s subcontractor cannot comply with any of these requirements, which proof must be submitted to the Lessor, Lessee shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Lessee, but in all other terms consistent with the Lessee’s requirements under this Lease. This provision does not relieve the Lessee of its contractual obligations under this Lease and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Lessee with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same

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insurance limits as required of the Lessee under this Lease given the limited scope of work or services provided by the subcontractor. Lessee agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to Lessor for review.

22.15 Lessor’s right to revise specifications. The Lessor reserves the right at any time during the Term of this Lease to change the amounts and types of insurance required by giving the Lessee ninety (90) days advance written notice of such change.

22.16 Self-insured retentions. Any self-insured retentions must be declared to and approved by Lessor. Lessor reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

22.17 Timely notice of claims. Lessee shall give Lessor prompt and timely notice of claims made or suits instituted that arise out of or result from Lessee’s performance under this Lease, and that involve or may involve coverage under any of the required policies.

22.18 Additional insurance. Lessee shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection.

Lessee agrees and understands that Lessee’s personal property, fixtures, equipment, inventory, and vehicles are not insured by Lessor against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause.

23. Casualty.

23.1 If (i) the Site or Facility should be totally destroyed by fire or other casualty; (ii) the Site or Facility should be partially damaged so that rebuilding cannot reasonably be completed within thirty (30) calendar days after the date of written notification by Lessee to Lessor of the destruction; or (iii) the Property should be partially damaged or totally destroyed such that access to and use of the Site is impacted, then Lessee may, at Lessee’s option, terminate this Lease and the rent shall be abated for the unexpired portion of the Lease, effective as of the date of the written notification.

23.2 If the Site or Facility should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety (90) calendar days from the date of written notification by Lessee to Lessor of the destruction, this Lease shall not terminate, and Lessor may at its sole risk and expense proceed with reasonable diligence to rebuild or repair the Site or Facility to substantially the same condition in which it existed prior to the damage. In the event that Lessor fails to complete the necessary repairs or rebuilding within ninety calendar days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease shall cease.

24. Assignment. This Lease shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors, heirs, and permitted assigns. A Party (“Assignor”) may not assign, sell, or

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otherwise transfer ("Transfer") this Lease, in whole or in part, without the express prior written consent of the other Party. Notwithstanding the foregoing, Lessee may Transfer this Lease in its entirety, with the prior consent of Lessor, which consent shall not unreasonably be withheld, if such Transfer is (i) to any entity that purchases or acquires all or substantially all of the assets of the Assignor, or any other entity formed by or surviving the merger, reorganization, consolidation or amalgamation of the Assignor and any other entity; (ii) a transfer of all or substantially all of the assets of the Assignor; (iii) to any firm, corporation, or entity which the Assignor controls, is controlled by, or is under common control with; or (iv) for any business reorganization that may result in a change in majority control, investor ownership, or refinancing.

In the event of a Transfer, the assignee shall assume all duties, obligations, and responsibilities of the Assignor set forth in this Lease.

25. Notices. All notices, demands, requests, and other communications required or permitted under this Lease shall be in writing and shall be deemed properly given (a) if delivered in person to a Party; (b) if delivered by an overnight delivery service, private courier, or commercial courier; or (c) if delivered by the United States Postal Service via certified or registered mail with return receipt requested. All notices so given shall be deemed effective on actual delivery or if delivery is refused, upon refusal. All notices shall be delivered at the following addresses:

If to the Lessor: If to the Lessee:

City of El Centro Vero Broadband, LLC
1275 Main St. 1023 Walnut Street
El Centro, CA 92243 Boulder, CO 80302
Attention: City Manager Attention: Chief Operating Officer With a copy to the City Attorney With a copy to the Chief Legal Officer

26. Representations and Warranties. In addition to any other representations and warranties contained in this Lease, each Party represents and warrants to the other Party that:

26.1 It has the full power, right and authority to enter into, execute, deliver, and perform its obligations under this Lease;

26.2 This Lease constitutes its legal, valid, and binding obligation enforceable against such Party in accordance with its terms; and

26.3 The individuals signing this Lease on behalf of Lessor and Lessee are empowered and duly authorized to bind Lessor or Lessee, as the case may be, to this Lease.

27. Reserved.

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28. No Partnership. Nothing contained in this Lease shall be deemed or construed to create a partnership, joint venture, or any other fiduciary relationship between the Parties other than that of Lessor and Lessee. Neither Party is authorized to act as an agent or on behalf of the other Party.

29. Condemnation. In the event that all or a material portion of the Site necessary for Lessee’s Permitted Use of the Site is taken for any public or quasi-public use under any governmental law, ordinance, or regulation or by the right of eminent domain, this Lease shall terminate on the date of such taking, and all Rent under this Lease shall be prorated and paid to such date.

30. Quiet Enjoyment. If Lessee pays the Rent and performs all other obligations under this Lease, Lessee may peaceably and quietly hold and enjoy the Site during the Term without any interference from Lessor or Lessor’s employees, contractors, or agents.

31. Further Assurances. Each Party hereto agrees to execute and deliver any additional documents and to do all such other acts as may be necessary to carry out this Lease and each Party’s rights and interests in this Lease.

32. No Waiver. No Party shall be deemed to have waived any provision of this Lease or the exercise of any rights held under this Lease unless such waiver is made expressly in writing. No express waiver shall affect any provision other than the one specified in such waiver, and that only for the time and in the manner specifically stated.

33. Severability. If any provision of the Lease is held to be invalid, illegal, or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal, and enforceable as though the invalid or unenforceable parts had not been included in this Lease.

34. Governing Law. This Lease shall be governed by, enforced, and construed in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of California, without regard to choice of law principles. Venue for any legal action relating to this Lease shall be the State Court in and for the County of Imperial, California.

35. Amendments. This Lease may not be modified except in writing signed and acknowledged by both Parties.

36. Headings. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction, or interpretation of any provision in this Lease.

37. Entire Agreement. This Lease and its Exhibits constitute the entire understanding between the Parties and supersedes and replaces any and all prior understandings, agreements, negotiations, and communications, whether written or oral, between the Parties relating to the subject matter hereof, and the transactions provided for herein. Any prior agreements, promises, negotiations or representations regarding the subject matter hereof are of no force or effect.

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38. Counterparts. This Lease may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together, shall constitute one and the same document. This Lease may be executed via a recognized electronic signature service (e.g., Docusign), or may be signed, scanned, and emailed to the other Party, and any such signatures shall be treated as original signatures for all applicable purposes.

IN WITNESS WHEREOF, the Parties hereto, individually or by their duly authorized representatives, have executed this Lease as of the Effective Date.

LESSOR LESSEE
City of El Centro, Vero Broadband, LLC,
a California municipal corporation a Colorado limited liability company Robert Sawyer, City Manager Signature
Date Print Name
Title
Date
ATTEST:

Norma Wyles, City Clerk
APPROVED AS TO FORM:

Joanna Smith Hoff, City Attorney

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Exhibit A
The Property
Parcel ID: 053-515-003; Owner: City of El Centro; 18.78 Acres Legal Description: All that certain real property consisting of approximately twenty (20) acres, being a portion of Tract 90, Township 16 South, Range 14 East, Monte Vista Subdivision, County of Imperial, State of California, as more particularly shown on the official map thereof and described in the records of the County Recorder. (THAT PTN OF TR 90 T16S R14E MONTE VISTA SUB 20 AC) Commonly referred to as: 1350 South 8th St., El Centro, CA 92243 Shown on map below:

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Exhibit B
The Site
An approximately 40’ x 20’ area (800 square feet) located along the western boundary of the Property, featuring a proposed 20’ x 11.5’ concrete pad. The pad is designed to accommodate a telecommunications shelter measuring 9’H x 20’W x 11.5’D, along with a backup generator and associated HVAC equipment.

A 250‑gallon propane tank will be installed if connection to natural gas is not feasible or cannot be completed at a reasonable cost.

The Lessee shall construct two (2) fiber laterals to the site from the Right of Way in the alley (represented by orange lines in the drawing below). These laterals shall be part of the Site.

The laterals will be installed via underground conduit at a depth of 36 inches. The conduits will enter the ground beneath the cable vaults and surface inside the telecommunications cabinet.

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Typical layout shown below, subject to specific requirements for service delivery by market:

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Exhibit C
The Facility
Lessee shall install fencing along the northern boundary of the Site, extending from the left and right corners of the City building to the existing fence lines. Such fencing shall match, or be substantially similar to, the existing fencing. In addition, Lessee shall construct a gate along the western boundary of the Site, which shall likewise match, or be substantially similar to, the existing fencing and shall permit ingress to and egress from the Site.

Lessee shall construct two (2) diverse entrances of fiber optic cable from the public right of way into the Site. Laterals are installed via underground conduit at a depth of 36”, conduits enter the ground beneath the cable vaults and surface inside the telecommunications cabinet.

Lessee shall bring all necessary utilities into the Site for provision of services, including electric, gas, and telecommunications if necessary.

Subject to the terms and conditions of this Lease, Lessee may install a 250-gallon propane tank if connection to natural gas is not feasible or cannot be completed at a reasonable cost.

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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-39)
Item: 10.

Meeting: 4/14/2026 8:30 AM
Department: Community Services
Category: Action Item
Prepared by: Adriana Nava,
Community Services Director
Department Head: Adriana Nava
DOC ID: 2026-39
Discussion and related action regarding an extension to the Agreement with Catholic Charities Diocese of San Diego for the Working Hands Workforce Development Program.

CITY MANAGER'S RECOMMENDATION:

FISCAL IMPACT:

The Working Hands Program is fully funded through Permanent Local Housing Allocation (PLHA) grant funds. Established pursuant to Senate Bill 2, the PLHA Program provides a permanent and ongoing funding source to local governments for housing-related projects and programs that address unmet housing needs.

The City of El Centro, including its Colonia designated areas, has received PLHA funding.

The total estimated allocation available to the City for the 2019-2023 program years is $2,773,0339.

An agreement in the amount of $524,658.67 between the City of El Centro and Catholic Charities was executed on February 20, 2024, for Working Hands Program operating expenses. Of this total, $204,355.86 was expended during the first year (October 2024- October 2025), leaving a remaining balance of $320,302.81.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Community Health, Safety & Welfare
City Beautification, Engagement & Civic Pride
Economic Opportunity
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

Catholic Charities currently operates a Navigation Center and successfully works closely with the Economic Development Division on various Community Development Block Grant Programs.

BACKGROUND:

The City of El Centro and El Centro Colonia have received approximately $1.86 million in PLHA funds, a portion of which has been designated to support individuals experiencing or at risk of homelessness. In accordance with PLHA Guidelines, eligible activities include supportive services and case management designed to assist chronically homeless individuals in obtaining and maintaining stable housing.

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On February 20, 2024, the City entered into an agreement with Catholic Charities to implement the Working Hands Workforce Development Program. The program provides temporary employment opportunities for individuals who are homeless or at risk of homelessness. Participants earn a weekly wage while performing labor services related to community cleanup and maintenance efforts.

DISCUSSION:

Catholic Charities operates a Navigation Center located at 250 W. Orange Avenue in El Centro. The center provides supportive services aimed at helping individuals experiencing homelessness achieve stability and self-sufficiency. Through this partnership, the City and Catholic Charities collaborate to promote economic opportunity, workforce participation, and long-term housing stability.

The Working Hands Crew assists City staff by providing cleaning and maintenance services at various public facilities according to the following weekly schedule:
• Monday: Bucklin Park & Main Street between 6th and 8th Streets • Tuesday: Stark Field, Swarthout Park
• Wednesday: Bucklin Park & Main Street between 6th and 8th Streets • Thursday: First Responders Park
• Friday: Bucklin Park & Main Street between 4th and 6th Streets By combining employment opportunities, job training, and coordinated supportive services, the program strengthens pathways to long-term employment and permanent housing.

Since the program began in September 2024:
• 17 individuals have enrolled in the Working Hands Program. • 9 of the 17 participants obtained housing, including
o 7 were housed through Rapid Rehousing
o 1 obtained housing on his own without a rental subsidy o 1 reunited with family where he was permanently housed • 6 participants obtained employment
• 1 additional participant is in the final stages of securing employment Catholic Charities has demonstrated the capacity, experience, and organizational infrastructure necessary to continue administering the Working Hands Workforce Development Program in compliance with all applicable City and State requirements.

CONCLUSION:

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ATTACHMENTS:

1. Agrmnt_w_Catholic Charities_Executed

2. Working Hands PowerPoint 102025

3. Working Hands Expenditures - Council Presentation

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WORKING HANDS PROGRAM

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Benefits to the City of El Centro
The intent of the program is to assist people who are unhoused with gaining knowledge and skills to obtain employment and permanent housing. The Working Hands Crew assists the City of El Centro in maintiaining a clean, safe community.

Participants in the Working Hands program are developing work readiness and interpersonal skills. They also receive case management to set goals and receive support meeting those goals.

Basic Infrastructure
By having the working hands crew clean the designated areas and eliminate any physical barriers and safety hazard, it increases the sense of safety within the community.

Social Services
The work experience and the benefit of increasing employment skills allows the crew to support more job opportunities and thus further economic advancement.

Safety and Security
By cleaning public areas, the working hands crew helps create a welcoming, visually appealing community. Their interactions with business owners help people who are unhoused be seen as part of the community.

Economic Opportunities
The Working Hands Crew assists the city by maintaining the designated areas thus creating a clean healthy environment.

Community Engagement
The Working Hands program is a prime example of the City of El Centro creating a connection with all its city residents regardless of their socioeconomic background. This fosters a sense of connection and belonging.

Sustainability and
Environmental
Considerations
Psychological and
Emotional Needs

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Impact on WH Participants
The Working Hands Program gives the participants the opportunity to enrich the communities where they reside and positively change their lives. Benefits to Working Hands crew members include:
v Support System:

Working Hands participants developed the ability to communicate and work together as a team, celebrating each other’s successes and encouraging one another to move forward. v Identify Development:

With Working Hands participants developed a sense of belonging and saw themselves as part of the larger El Centro community.
v Stress Reduction:

Being part of a team reduced isolation for Working Hands participants. v Empowerment:

Working Hands participants see the direct results of their work, and the positive feedback they receive contributes to their feeling that their choices can influence their future. v Innovation and Growth:

Working Hand participants developed the confidence to seek and obtain employment and eventually permanent housing.

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Permanent Housing
Since the start of the program in September 2024, a
total of 13 individuals have participated in the
program. Two individual's voluntary dropped out for
other priorities. Out of the 11 remaining participants, 8 were housed.

Individuals Housed:
• 8 Total Working Hands Crew Members
• 5 Individuals
• 3 Households (including partners and
children)
Means of Obtaining Housing:
• Rental Assistance Programs (Rapid Rehousing) - 6
• On their Own, with No Rental Assistance
(Individually) - 1
• Family Reunification (Moved with Family
Elsewhere) - 1

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Obtained
Employment
Individuals Who Obtained Employment:
• Six of the eleven crew members who remained actively involved obtained employment
• 4 Full-time Employment
• 2 Part-time Employment – Participants searched for full-time employment but were only able to obtain part-time
employment. Participants continue to frequent the Day Center and actively work with the staff on their resume updating, job interview preparedness, job search, employment applications.

Where Employment was Obtained:
• Full-time
• 2 Participants are employed in construction
• 1 Participant is employed in processing meat
• 1 Participant is employed in shipping and receiving
• Part-time
• 2 Participants are currently employed providing home care services
Day Center Employee Support:
2 Part-Time Employees = 1 Full Time Employee

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Budget Summary
Total Expenses
September 1,2024-September 30, 2025
Salaries & Benefits $87,374.75
Stipends to Participants $77,164,08
Operating Expenses $22,198.51
Total Expended to Date $186,737.34

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Thank You!
Connect with CCDSD

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Catholic Charities Diocese of San Diego -Estimated Budget / Year 1 Expenditures - Working Hands Program Personnel Estimated
Budget
Year 1
Expenditures
Director of Homeless Services $ 2,060.00 $ -
Program Manager $ 5,250.00 $ 19,395.03
Case Worker Coach II $ 41,600.00 $ 31,181.84
Case Workier Coach II $ 41,600.00 $ 25,175.98
Cook $ 7,904.00 $ -
Total $ 98,414.00 $ 75,752.85
Fringe Benefits $ 27,555.92 $ 19,902.87
Transportation
Insurance/Maintenance/Registration $ 6,000.00 $ 1,738.28 Fuel $ 2,500.00 $ -
Transportation Total $ 8,500.00 $ 1,738.28
Operating Expenses
Meals for participants $ 71,175.00 $ -
Supplies for clean up $ 15,000.00 $ -
Stipends for participants $ 83,200.00 $ 84,523.08
Utilities - Day Center $ 3,000.00 $ 1,007.01
Monthly Cell Sevice $ 420.00 $ -
Branded Clothing - Participants WH $ 10,000.00 $ -
Operating Total $ 182,795.00 $ 85,530.09
Total $ 317,264.92 $ 182,924.09
Indirect 21.80% $ 69,163.75 $ 21,431.77
TOTAL $ 386,428.67 $ 204,355.86

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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-84)
Item: 11.

Meeting: 4/14/2026 8:30 AM
Department: Community Services
Category: Resolution
Prepared by: Omar Negrete, Engineer
Department Head: Adriana Nava
DOC ID: 2026-84
Award of Bid and authorize a contract for the Veteran's Memorial Phase 2 Project.

CITY MANAGER'S RECOMMENDATION:

Adopt Resolution No. 26- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR VETERAN’S MEMORIAL PHASE 2 PROJECT.

FISCAL IMPACT:

The City received three bids for the Veterans Memorial Wall Phase II Project at the bid opening held on March 5, 2026. The lowest responsive and responsible bid was submitted by Three Peaks Corp. in the amount of $632,260.00. Staff recommends awarding the construction contract to Three Peaks Corp. in the amount of $632,260.00, with a construction contingency of $63,000, for a total project authorization of $695,260.00.

Current available funding includes $525,000 in Park Impact Fees. Upon award of the contract, the City Council will identify and allocate the remaining funds necessary to fully fund the project.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Recreation & Lifelong Learning
Economic Opportunity
City Beautification, Engagement & Civic Pride
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

Staff reviewed the bids received at the March 5, 2026 bid opening and determined that Three Peaks Corp. submitted the lowest responsive and responsible bid. The bid package, contractor license status, and bid documentation were reviewed and verified for compliance with the project specifications and City requirements.

BACKGROUND:

This project represents the second phase of improvements to the Veteran's Memorial located within Bucklin Park, including repairs and upgrades to the adjacent pond retaining wall. Bucklin Park, one of the City’s oldest and most heavily used parks, was originally constructed in the 1960s. In recent years, the Community Services Department has prioritized reinvestment in the park through a series of capital improvement projects. The Veteran's Memorial Wall was originally installed in 2016 and features engraved names honoring the service of local Veterans. The initial engraving wall buildout was completed in 2022, at which time the City began discussions regarding a future expansion; however, no funding was allocated at that time. In 2025, a funding source was identified, and the City proceeded with design work for Phase II. During design development, a portion of the pond retaining wall adjacent to the Veteran's Memorial failed in June 2025. To address both needs comprehensively and efficiently, the project scope was expanded to include reconstruction of the retaining wall alongside the Veteran's Memorial Wall expansion.

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DISCUSSION:

The project was advertised for bid, and a bid opening was conducted on March 5, 2026.

The City received a total of three bids for the Veterans Memorial Wall Phase II Project.

After review of the bids received, staff determined that Three Peaks Corp. submitted the lowest responsive and responsible bid in the amount of $632,260.00.The project scope includes improvements to the Veteran's Memorial area at Bucklin Park, including construction of the memorial wall expansion and reconstruction of the adjacent pond retaining wall. During project development, the scope was refined to address both the memorial improvements and the structural needs of the pond edge in a coordinated manner. Current available funding includes $525,000 in Park Impact Fees. In order to proceed with the construction award, additional funding in the amount necessary to cover the full contract amount and contingency will need to be identified and allocated by the City Council. Staff recommends approval of the contract award to Three Peaks Corp. in the amount of $632,260.00, along with a construction contingency of $63,000, for a total project authorization of $695,260.00.

CONCLUSION:

Staff is recommending that the City Council adopt Resolution No.26- , RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR VETERAN’S MEMORIAL PHASE 2 PROJECT.

ATTACHMENTS:

1. Revised Resolution

2. BID REVIEW CHECKS

3. Three Peaks Bid Docs

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03/2026/cdz/A26-0060/Reso/BidAwardVeteransMemorialPhase2Proj RESOLUTION NO. 26-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, CALIFORNIA, AWARDING AND AUTHORIZING
THE EXECUTION OF A CONTRACT FOR VETERAN’S
MEMORIAL PHASE 2 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 (“City”) Municipal Code for the Veteran’s Memorial Phase 2 Project (“Project”); and WHEREAS, three (3) bids were received and opened on March 5, 2026, in accordance with applicable laws; and
WHEREAS, three (3) bids were submitted, and Three Peaks Corp., a California corporation, submitted the lowest responsive and responsible bid in the total amount of six hundred thirty-two thousand, two hundred sixty dollars and zero cents ($632,260.00); and WHEREAS, the City desires to award a contract with Three Peaks Corp., and the award and approval of the 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. The foregoing is true, correct and incorporated fully herein as findings.

2. The City Council hereby finds the bid of Three Peaks Corp. for the Project to be the lowest responsive and responsible bid.

3. The City Manager is hereby authorized to execute a contract for the Project in the total amount of six hundred thirty-two thousand, two hundred sixty dollars and zero cents ($632,260.00), a copy of which is on file in the Office of the City Clerk, on behalf of the City.

4. The City Council hereby establishes a construction contingency fund of sixty-three thousand dollars and zero cents ($63,000.00) for the Project.

5. The City Manager is further authorized to approve and execute any change orders for the Project up to a total amount of sixty-three thousand dollars and zero cents ($63,000.00), whether individually or collectively, as needed for unanticipated construction contingencies and is required to report all change orders to the City Council as soon as practicable.

6. 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

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03/2026/cdz/A26-0060/Reso/BidAwardVeteransMemorialPhase2Proj exceed the amount established as the construction contingency fund for the Project as set forth herein.

7. The contract for the Project shall be reviewed and approved as to form by the City Attorney prior to execution and placed on file in the Office of the City Clerk.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2026.

CITY OF EL CENTRO
By _______________________
Michael Crankshaw, Mayor
ATTEST:

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

Office of the City Attorney
By _______________________________
Joanna Hoff, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 26- was duly and regularly adopted a regular meeting of the City Council of the City of El Centro, California, held on the day of ,2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By__________________________
Norma Wyles, City Clerk

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ITEM CONTRACTOR #01 CONTRACTOR #01
Three Peaks Corp. Wakeco, Inc.

Base bid amount (Basis of
award) $632,260.00 $1,239,659.81
Proposal/Bid Form Included/ complete Included/ complete Bid Bond Included/ complete Included/ complete
Proposal Agreement Included/ complete Included/ complete Workers’ Compensation
Certificate Included/ complete Included/ complete
Drug/Alcohol Testing
Requirements Included/ complete Included/ complete
Subcontractor’s Listing Included/ complete Included/ complete Non-collusion Declaration
for corporation Included/ complete Included/ complete
Corporate Certification or
Partnership Information Included/ complete Included/ complete Contractor’s Certification
of Qualification for License
Classification
Included/ complete Included/ complete
DIR# REG/EXP DATE
REG: 2025-07-01
EXP: 2028-06-30
DIR# REG/EXP DATE
REG:2024-07-23
EXP:2027-06-30
REG:2024-07-23
EXP:2026-06-30
REG:2025-07-01
EXP:2028-06-30
REG:2023-07-01
EXP:2026-06-30
REG:2023-07-01
EXP:2026-06-30
DIR# REG/EXP DATE
REG: 2025-07-01
EXP: 2027-06-30
REG: 2025-07-01
EXP: 2028-06-30
REG: 2024-08-08
EXP: 2027-06-30
REG: 2025-07-01
EXP: 2027-06-30

SUBCONTRACTORS
K&G concrete inc 1107284 1001125892 Valid/clear
Jhonston Tractor unreadable unreadable not valid
All league fence 986316 1000018901 Valid/clear
Included/ complete
Included/ complete
1000008140

DIR CHECK
NA

SUBCONTRACTORS
Included/ complete
Included/ complete
Included/ complete
Included/ complete
Included/ complete

EMBELLECE TOWN SQUARE EL CENTRO BEAUTIFICATION PROJECT
For purposes of this document, five bids were received on October 09, 2025 and the lowest three bids are being reviewed fully compared.

REQUIRED DOCUMENTATION
CONTRACTOR #01
Charter Concrete, Inc.
$651,982.00

BID AMOUNTS
PRIME CONTRACTOR SCL# VALID / INVALID
Included/ complete
Included/ complete

STATE CONTRACTOR LICENSE / EPLS CHECKS &

DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION CHECKS

NO SUB CONTRACTORS NA NA NA
Three Peaks Corp. 941528 Valid/clear
Charter Concrete, Inc. 935870 Valid/clear
PRIME CONTRACTOR SCL# VALID / INVALID DIR CHECK
2000002391
PRIME CONTRACTOR SCL# DIR CHECK VALID / INVALID
Red One Electric, Inc. 907481 1000771775 Valid/clear
Sun Landscape, Inc. 571256 1000008698 Valid/clear
ACE Valla, Inc. 1081672 1000038075 Valid/clear
Brundage Bone Concrete
Pumping, Inc. 822272 1000009808 Valid/clear
Fec Electric Inc. 743507 Valid/clear
Wakeco, Inc. 1086958 1000865957 Valid/clear
1000004480

SUBCONTRACTORS

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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-101)
Item: 12.

Meeting: 4/14/2026 8:30 AM
Department: Community Services
Category: Action Item
Prepared by: Adriana Nava,
Community Services Director
Department Head: Adriana Nava
DOC ID: 2026-101
Discussion and related action regarding the review and selection of mural concepts for Downtown El Centro.

CITY MANAGER'S RECOMMENDATION:

FISCAL IMPACT:

The city was awarded $4,477,000 through a Clean California grant. A total of $45,000 was allocated to paint three (3) murals within the downtown area.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

City Beautification, Engagement & Civic Pride
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

The mural will be completed by Kimberly Alfaro, a local muralist with extensive experience painting murals throughout the Imperial Valley.

BACKGROUND:

Placemaking plays a vital role in strengthening downtown by creating attractive, engaging, and memorable public spaces that reflect the character of the community. Murals are an effective placemaking tool because they beautify the built environment, promote community pride, and contribute to a vibrant downtown experience. By improving the visual quality and appeal of the area, murals can enhance residents’ quality of life while also supporting economic development through increased visitation, pedestrian activity, and interest in downtown businesses and destinations.

DISCUSSION:

Over the last several months, the Downtown Ad Hoc Committee, comprised of Mayor Pro Tem Claudia Camarena and Council Member Carter, along with various City Staff, has been working with a local artist to develop mural concepts for the downtown area. The goal of the murals is to create a unique sense of place that reflects the identity and character of Downtown El Centro. After several design iterations, staff is presenting the attached mural concepts for City Council's consideration.

The proposed mural locations and descriptions are as follows:

1. Allied Insurance (132 S. 5th Street)- A colorful hummingbird in the shape of a heart.

2. Peraza Plaza (665 W. Main Street)- A typographic mural reading "El Centro" on a

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light background, with letters accented by drop shadows or bold outlines for contrast.The individual letters are filled with colorful abstract shapes.

3. Spectrum Building (770 Main Street)- A mural depicting a couple holding hands walking against a minimalist background that is reminiscent of downtown El Centro.

The property owners have authorized the installation of the murals on their properties.

Staff has also informed the property owners that, should the murals be defaced, the City will continue to maintain them.

CONCLUSION:

The proposed murals are consistent with the City's broader efforts to promote placemaking, beautification and economic vitality within the downtown corridor. The installation of public art con strengthen Downtown El Centro's identity, enhance the experience of residents and visitors, and support ongoing revitalization efforts. City Council's consideration of and direction on the proposed mural concepts will provide staff with the guidance necessary to move forward with implementation.

ATTACHMENTS:

1. El Centro Mural Proposal

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City of El Centro
Main Street Mural Proposal

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Allied Insurance (132 S. 5 St)H: 10-15’ th
L: 15’ segments or 65’ total length
The building has facades that create little boxes that could break up the wall into smaller murals.

Old Spectrum (770 Main St)H: 15’ & L: 50’
This would be located at the entrance to Main St and is visible off of 8th street. For reference, the wall is located behind the car wash/detailing business on the corner.

City of El Centro
Main Street Murals - Proposal Pereza Plaza

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Colorful Hummingbird
Allied Insurance
Hummingbird-shaped heart shape incorporating flowers
that can be used as a photo background. To be placed on the wall panel closest to the sidewalk on 5th Street (first "square")

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Pereza Plaza
Building Large-format typographic mural reading "El Centro." Light background with letters featuring drop shadows or bold outlines for contrast. Individual letters filled with colorful abstract shapes similar to the “Sacramento”.

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Old Spectrum (770 Main St) - H: 15’
Art deco-inspired design. Color selection must account for direct sun exposure. Proposed mural depicts a couple holding hands walking against a minimalist background that is reminiscent downtown El Centro; may incorporate the"El Centro"entrance to Town Square. Another idea is to have the couple walk under one of the covered sidewalks.

Choose One

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SECTION 1 — PROJECT OVERVIEW
This proposal outlines the full scope, process, materials, labor structure, and safety requirements for executing multiple large-scale outdoor murals in Imperial Valley, where summer temperatures reach 129°F, requiring specialized prep, UV-fast pigments, and high-heat sealants. Everything in RED will be completed by the City of El Centro. Walls must be prepped and prepared before any work begins. Also, some items like a scissor lift will be provided by the City of El Centro.

Professional mural execution includes:

Design development
Site preparation (Fix & Repair cracked stucco, brick, old paint) High-heat primer + base coats
Full mural painting
UV-resistant finishing + anti-graffiti coats
Documentation
Insurance, safety, and equipment
SECTION 2 — MATERIALS & EQUIPMENT LIST
Source: Mural shopping checklist, equipment list, safety gear, setup tasks, and painting tasks A. Surface Prep - Supplies
For cracked stucco, brick, and old paint:

Industrial power washer
Trisodium phosphate (TSP) cleaner
Masonry crack filler
Stucco patch compound
Concrete skim coat
Wire brushes (brick)
Paint scrapers
Sanding sponges / orbital sander
Bleach for mold removal
Safety goggles, face masks, gloves (Workbook p.18)
Painter’s plastic + tarps (Workbook p.18)
Blue/green tape (Workbook p.18)

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B. Primers & Paint (HeatResistant)
Primers:

Kilz 3 Exterior
Zinsser 1-2-3 Exterior
Sherwin-Williams Loxon Masonry Primer
(for stucco & brick)
Base Coat (Exterior House Paint):

Sherwin-Williams SuperPaint Exterior
Behr Ultra Exterior
Professional Artist Paints:

Nova Color mural paints
Golden Mural Acrylics
Liquitex Heavy Body
Paint markers
Spray paint + spray caps
C. Tools
Hardware Store Checklist :

Rollers (assorted sizes)
Roller pad frames
Metal trays + liners
Extension poles
Ladders (8, 12, 20 ft)
Step stool
Buckets (clean water)
Scissors/razor
Rags + paper towels
Spray bottle
5-in-1 tool
Putty knives
Paint stir sticks
Extension cords
D. Equipment & Lifts
Equipment:

Scaffolding (full-length walls)
Aerial lift/boom lift (required for 25 ft wall
at McManus)
Safety harnesses
Airless sprayer
Generator (no power access)
Folding cart for material transport
E. Self-Care & Heat Safety
Imperial Valley heat makes this mandatory:

Sunscreen
Hydration packs/water coolers
Hats, sunglasses
Cooling towels
Shade canopy

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SECTION 3— LABOR
Included Tasks:
masking
scraping
setup
design transfer
color blocking
detailing
safety checks
cleanup
documentation
SECTION 4 - STEP-BY-STEP EXECUTION GUIDE
This integrates mural workflow steps :
(prep → setup → painting → documentation
PHASE 1 — DESIGN & CLIENT APPROVAL
Client meeting + wall scouting
Take photos, measure the wall, and assess the surface.

Create a digital mockup
Provide up to 3 revisions.

Contract signed + 35% deposit

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PHASE 2 — SITE SETUP & WALL PREPARATION
Secure parking + unload materials.

Mask windows, floors, fixtures.

Scrape peeling paint.

Power wash the surface.

Repair cracks, patch stucco, fill holes.

Apply masonry sealer.

Prime surface with high-heat primer.

PHASE 3 — EQUIPMENT SETUP
Choose the correct lift based on height & terrain.

Set up scaffolding/boom lift.

Inspect safety harnesses.

Create an equipment access plan.

Store materials safely overnight.

PHASE 4 — BACKGROUND COATS
Apply 1st coat of background paint.

Allow drying (may require early morning/evening work).

Apply 2nd coat.

Touch-ups.

PHASE 5 — DESIGN TRANSFER
Set up projector at night or grid method during day.

Mark key shapes, large forms.

Divide wall into work zones.

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PHASE 6 — COLOR BLOCKING
Organize paints by color.

Block large shapes first.

Work left → right, bottom → top (recommended).

Keep brushes/rollers moist in heat.

PHASE 8 — FINISHING COATS
Full UV-protective varnish (Golden MSA).

Anti-graffiti coat (Sherwin-Williams).

Edge sealing.

PHASE 9 — DOCUMENTATION
Photograph from all angles.

Capture video pan shots.

Save files to multiple cloud locations.

Create content for marketing.

PHASE 10 — CLEANUP & SIGNING
Cleanup site.

Remove tape.

Touch up edges.

Sign mural prominently.

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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-119)
Item: 13.

Meeting: 4/14/2026 8:30 AM
Department: Community Services
Category: Action Item
Prepared by: Adriana Nava,
Community Services Director
Department Head: Adriana Nava
DOC ID: 2026-119
Discussion and related action regarding a Construction Contract with Shade Structures, Inc. in the amount of $153,280.88 for Shade Structures for the Embellece (Beautify) El Centro Downtown Beautification Project.

CITY MANAGER'S RECOMMENDATION:

Provide City Staff direction regarding the addition of shade structures for the Embellece (Beautify) El Centro Downtown Beautification Project.

FISCAL IMPACT:

In 2023, a Clean California Grant was sought by City Staff and was awarded in the amount of $4,782,000. The grant included funding for the following activities:

INFRASTRUCTURE ($4,477,000)
• Renovation of Town Square- Installation of artifical turf, concrete, and related electrical improvements
• Installation of ten Big Belly Trash Receptacles
• Installation of sixteen park benches along Main Street from 4th through 8th Streets • Installation of new gateway sign on Main/8th Street
• Renovation of sign on Main/4th Street
• Installation of eighteen stormwater curb inlets
Infrastructure items were grouped as follows:

Construction Items & Contingencies $3,927,000
Preliminary Engineering (Design) $350,000
Construction Engineering $200,000
Total $4,477,000
The construction bid received from Nielsen Construction California, Inc. was in the amount of $4,002,000 and did not include a project contingency (10% of construction costs). The bid exceeded the grant funding allocated for construction.

Subsequently, City Council approved a 10% project contingency ($400,200), along with the remaining construction shortfall, through Measure P in the total amount of $475,200.

Bid Amount & Contingencies $4,402,200
Construction Items & Contingencies (Grant ($3,927,000)

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Estimate)
Shortfall $475,200
Shade structures were not included in the original design, but were identified as a desired project feature. The cost of the shade structures is $153,280.88, refer to quote attached for reference.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Recreation & Lifelong Learning
Economic Opportunity
City Beautification, Engagement & Civic Pride
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

Sourcewell is a self-sustaining government organization, and has over 40 years of dedicated service helping government, education, and nonprofit agencies operate more efficiently through a variety of solutions:
• Contract purchasing solutions that are competitively solicited nationally, offering over 400 awarded contracts;
• Technology solutions for schools provided through a specialized division called Sourcewell Technology; and
• Regional programs and services to support area schools and communities, such as shared professional service and training opportunities.

Shade Structures, Inc. is properly licensed and qualified to perform the work.

BACKGROUND:

On March 3, 2026, the City Council awarded a construction contract to Nielsen Construction for the Town Square renovation and other downtown improvements.

Although the project includes various infrastructure enhancements, the approved scope did not include shade structures within the Town Square. At that time, Staff indicated that the matter of shade structures would be presented at a future City Council meeting after obtaining a project timeline from the contractor. Since then, Nielsen Construction has advised Staff that a decision regarding the shade structures is needed as soon as possible in order to allow for proper coordination, procurement, and installation as part of the overall project.

DISCUSSION:

The City received a proposal from Shade Structures, Inc., dba USA Shade, for the Embellece (Beautify) El Centro Downtown Beautification Project. The proposal is based on Sourcewell Contract No. 010521-LTS-6. If the City Council desires to proceed with the addition of shade structures, Staff recommends utilizing the Sourcewell cooperative purchasing contract with Shade Structures, Inc., which would allow the City to take advantage of competitively procured pricing for the installation of shade structures at the Town Square in the amount of $153,280.88. The proposal is attached for reference.

Accordingly, if the City Council approves the installation of the shade structures, Staff recommends awarding a contract to Shade Structures, Inc., dba USA Shade, in the

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amount of $153,280.88.

CONCLUSION:

Staff recommends that the City Council consider the installation of shade structures at the Town Square, provide direction to Staff, and identify a funding source should the Council desire to proceed with the addition of shade structures.

ATTACHMENTS:

1. USA Shade Sourcewell Proposal - Embellece El Centro 4.3.26

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www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Embellece El Centro
Priced per SOURCEWELL Contract Number 010521-LTS-6
4/3/2026
Pricing Valid for 15 Days
Project Information Sales Information
Purchaser: City of El Centro Contact: Omar Negrete Sales Rep: Will King
Project Name: Embellece El Centro Phone: 7603379473 Phone: 714 241 5567 Quote No: CA0525WK22625 Email: [email protected] g
Email: [email protected]
Billing Information Shipping Information Jobsite Information Name: City of El Centro Name: Embellece El Centro Name: Embellece El Centro Address: 1275 Main St Address: 675 Main Street Address: 675 Main Street City: El Centro City: El Centro City: El Centro
State: CA State: CA State: CA
Zip Code: 92243 Zip Code: 92243 Zip Code: 92243
Contact: TBD Contact: Contact:

Email: Email: Email:

Phone: Phone: Phone:

NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.

CORPORATE ADDRESS:
2580 Esters Blvd., Suite 100 DFW
Airport, TX 75261
MAILING ADDRESS:

P.O. Box 3467 Coppel, TX 75019
REMITTANCE ADDRESS:

P.O. Box 734158 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA:
1085 N. Main Street, Suite C
Orange, CA 92867
NORTHERN CALIFORNIA:
927 Enterprise Way, Suite A
Napa, CA 94558
ARIZONA:
2415 S. 18th Place
Phoenix, AZ 85024
LAS VEGAS:
3111 So. Valley View Blvd. Suite B-117
Las Vegas, NV 89102

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www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533

PRODUCTS

DESCRIPTION DETAILS
Single Post Pyramid Cantilever Model Number Dimensions Entry Height QTY IMAGE 124.1 20’x20’ 10’
6 Fabric Type Fabric Color Electrical Provisions
ColourshadeFR TBD Excluded
Steel Finish Steel Color Cable/HDW Finish
Powder Coated w/ Coastal
Primer TBD Galvanized
Footing Type Mounting Type Anchor Bolts
Drilled Pier Recessed Base Plate Included

SOURCEWELL PRICING

QTY PART NUMBER DESCRIPTION UNIT PRICE UNIT TOTAL
6 124.1 Single Post Pyramid Canti $10,533.70 Each $63,202.20 6 FR FABRIC Colourshade FR $108.36 Each $650.16
1 Coastal Primer $600.60 Each $3,603.60
6 Anchor Bolts $450.28 Per Structure $2,701.68
Unit Subtotal: $70,157.64
Shipping and Handling: $8,500.00
Taxable Subtotal: $78,657.64
Sales Tax @ 8.25%: $6,489.25
Equipment Installation: $59,633.99
Site Preparation: $2,000.00
Planning and Design Services: $2,000.00
Engineering: $4,500.00
TOTAL PRICE: $153,280.88

INCLUSIONS / EXCLUSIONS

INCLUDED / EXCLUDED ENGINEERING REQUIREMENTS INCLUDED / EXCLUDED INSTALLATION - MISCELLANEOUS Included Sealed Drawings Included Prevailing Wage / Certified Payroll Included Sealed Calculations Excluded Union Wages
Excluded Permit Submittal Excluded Fencing
Excluded Permit Fee Included Dirt Removal
Excluded DSA Submittal & Fees Excluded Water and Electrical Included Design and Engineering of Structure Excluded Landscape Repair Included Design and Engineering of Foundation Excluded Demolition (Existing Structures) Excluded Reactions/Loads for Attachment to Walls, Rooftops, etc. Excluded Payment and Performance Bonds Excluded Foundation Location and Elevation Survey Excluded Special Inspection Fees

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www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Construction Assumptions
1) The designated area for our structures will be accessible by drive-up for unloading of our trucks and equipment, including personnel man-lifts, forklifts, etc. Should a crane be required and direct access not available, additional costs for such will be submitted by a Change Order. 2) Our pricing is based on the ability to perform all of our work with clear, sequential, and continuous access without interruption during normal daytime working hours. We have assumed one mobilization for the installation of foundations, steel and fabric; if additional mobilizations are required, there will be an additional charge. We will require exclusive access to the area for our work during the construction process.
3) Our pricing does not include daily site delays accessing the work areas. USA SHADE will submit a Change Order for any delays caused by other trades which interfere or cause us to stop working. 4) We will require site sanitary facilities and refuse containers by others within 200 feet of our work. 5) USA SHADE will leave its work and materials in a clean condition at the conclusion of our work. 6) Barricades and public security requirements are not included. 7) Unless specifically included in this proposal, this agreement does not include, and Company will not provide, services, labor, or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; or (d) repair of damage to existing surfaces that may occur when construction equipment and vehicles are being used in the normal course of construction. 8) Pricing for foundation design is based on drilled pier footings. In the event the geotechnical report requires an alternate configuration, any additional costs incurred will be submitted to the client by a Change Order.
9) Digging of our foundations will not be constrained by any existing concrete or utilities. USA SHADE will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation. 10) Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair, resulting in delay, will result in additional charges unless they are detailed on asbuilt site drawings provided to USA SHADE or marked on the ground and communicated to USA SHADE in writing prior to installation.

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www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533

GENERAL TERMS & CONDITIONS AND WARRANTY
1) Proposal: The above proposal is valid for 15 days from the date first set forth above. After 30 days, we reserve the right to increase prices due to the rise in cost of raw materials, fuel, or other cost increases. When applicable, USA SHADE & Fabric Structures reserves the right to implement a surcharge for significant increases in raw materials, including, but not limited to; fuel, steel, and concrete. Due to the duration of time between proposals, contracts, and final installation, USA SHADE & Fabric Structures reserves the right to implement this surcharge, when applicable. 2) Purchase: By executing this proposal, or submitting a purchase order pursuant to this proposal (which shall incorporate the terms of this agreement specifically by reference) which is accepted by USA SHADE & Fabric Structures (the “Company”), the purchaser identified above (“you” or the “Purchaser”) agrees to purchase Shade Structures brand shade structures (“Structures”) and the services to be provided by the Company, as detailed in the “Structure Pricing” and “General Scope of Work” sections of this agreement, above, or in the relevant purchase order accepted by the Company, for use by Purchaser or for installation by Company or Purchaser on behalf of a thirdparty who will be the ultimate owner of the Structures (the ultimate owner of a Structure, whether Purchaser or a third-party, being the “Owner”).
3) Short Ship Claims: Purchaser has 15 days from receipt of the structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time. 4) Short Ship Claims: Purchaser has 15 days from receipt of the structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time. 5) Bonding Guidelines: If Purchaser will use or provide the Structures and Services for an Owner other than Purchaser (including, without limitation, as a subcontractor of Purchaser), Purchaser will include the following statement in Purchaser’s contract with Owner:
“The manufacturer’s warranty for the Shade Structures brand shade structures is a separate document between USA SHADE & Fabric Structures and the ultimate owner of the Shade Structures brand shade structures, which will be provided to the ultimate owner at the time of completion of the installation and other services to be provided by USA SHADE & Fabric Structures. Due to surety requirements, any performance and/or payment bond will cover only the first year of the USA SHADE & Fabric Structures warranty.” 6) Insurance Requirements: Company is not required to provide any insurance coverage in excess of Company’s standard insurance. A copy of the Company’s standard insurance is available for your review prior to acceptance of the Company’s proposal.
7) Payment: Terms of payment are defined in the “Pricing Details” section and are specific to this contract. For purposes of this agreement, “Completion” is defined as being the point at which the Structure is suitable for its intended use, the issue of occupancy consent, or a final building department approval is issued, whichever occurs first. Progress billing and payment will be required. All payments must be made to Shade Structures, Inc., P.O. Box 734158, Dallas, TX 75373- 4158. Company may use all remedies available to it under current laws including, but not limited

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www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 to, filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt.
8) Lien Releases: Upon request by Owner, Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner. Company will provide a full release of liens upon receipt of final payment. In accordance with state laws, Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens. 9) Site Plan Approval, Permit/s, Permit Fees, Plans, Engineering Drawings, and Surveying: Site plan approval, permits, permit fees, plans, engineering drawings, and surveying are specifically excluded from this agreement and the Services unless specified under the “General Scope of Work”. The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained. Sealed engineered drawings that are required but not included in the “General Scope of Work” will result in an additional cost to Purchaser. 10) Manufacturing & Delivery: Manufacturing lead-time from Company’s receipt of the “Notice To Proceed” is approximately 6 to 8 weeks for standard structures, and 8 to 12 weeks for custom structures. Delivery is approximately 1 week thereafter. Delivery of structures may be prior to or at start of assembly. Please note that these timelines do not include approval or permitting timeframes.
11) Returned Product, Deposits, and/or Cancelled Order: Within the first 45 days after shipment from our facility, all returned product(s) and cancelled orders are subject to a 50% restocking fee. No returns are available following this 45 day period. All deposits are non-refundable. All expenses incurred (engineering, site surveys, shipping, handling, etc.) are the responsibility of the Purchaser, up to notice of cancellation.
12) Concealed Conditions: ”Concealed conditions” include, without limitation, water, gas, sprinkler, electrical and sewage lines, post tension cables, and steel rebar. This agreement is based solely on observations the Company was able to make either by visual inspection or by drawings and/or plans submitted by Owner at the time this agreement was bid. If additional Concealed Conditions are discovered once work has commenced, which were not visible at the time this proposal was bid, Company will stop work and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a Change Order for any additional work. In any event, any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water, hard rock (such as limestone, caliche, etc.), rocks larger than 4 inches in diameter, or any other condition that will require additional labor, equipment and/or materials not specified by the Purchaser or Owner in the bidding process. Any condition requiring additional labor, equipment, and/or materials to complete the drilling or concrete operations will require a Change Order before Company will complete the process. Price quotes are based on a drilled pier footing. Any variation will incur additional charges (i.e. spread footings, concrete mat, sand, water, landfill, etc.). Costs for footing and installation do not include any allowance for extending below frost lines (the additional costs for which vary by geographical region)
13) Changes in the Work: During the course of this project, Purchaser may order changes in the work (both additions and deletions). Additionally, an approving agency may require changes in the work

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www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 from the original design or engineering quoted and provided by the Company (both additions and deletions.) The cost of these changes will be determined by the Company, and a Change Order form must be completed and signed by both the Purchaser and the Company, which will detail the “General Scope of the Change Order”. Should any Change Order be essential to the completion of the project, and the Purchaser refuses to authorize such Change Order, then Company will be deemed to have performed its part of the project, and the project and services will be terminated.

Upon such termination, Company will submit a final billing to Purchaser for payment, less a labor allowance for work not performed but including additional charges incurred due to the stoppage.

No credit will be allowed for materials sold and supplied, which will remain the property of the Purchaser.
14) Indemnification: To the fullest extent permitted by law, Purchaser shall indemnify, defend, and hold harmless the Company and its consultants, agents, and employees or any of them from and against claims, damages, losses and expenses, including, but not limited to, attorneys’ fees related to the installation of the Structure or performance of the services, provided that such claim, damage, loss, or expense is attributable to bodily injury to, sickness, disease, or death of a person, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents, employees, or subcontractors, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in Section 15. 15) Statement of Limited Warranty:
• The structural integrity of all supplied steel is warranted for ten years. • If assembly is provided by the Company, workmanship of the structure is covered for one year, including labor for the removal of any failed part, disassembly (if necessary), cost of shipping, and reassembly.
• All steel surface finishes are warranted for one year. • Shadesure™, Colourshade® FR, eXtreme 32™, Commercial 95™, SaFRshade™, and Monotec 370™ fabrics all carry a ten year limited manufacturer’s warranty against failure from significant fading, deterioration, breakdown, outdoor heat, cold, or discoloration. Should the fabric need to be replaced under the warranty, the Company will manufacture and ship a new replacement fabric at no charge for the first six years, thereafter pro-rated at 20% per year over the remaining four years. The following are exceptions to the preceding warranty terms:
o Shadesure™ fabrics in Red, Yellow, Atomic Orange, Electric Purple, Zesty Lime, Cinnamon, Olive, and Mulberry carry a five year pro-rated. o Fabric tops attached to Coolbrella™ structures carry a three-year warranty; o Individual fabric tops measuring greater than 40’ in length are covered by a non-prorated five-year warranty;
o Precontraint 502™ waterproof membrane is subject to an eight-year prorated warranty. • Sewing thread is warranted for ten years.

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www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 • These limited warranties are effective from the date of sale, or, if assembly is provided by the Company, upon receipt by Company from Purchaser of a completed and signed “Customer Checklist and Sign-off” form.
• In its sole discretion, the Company will repair and or/replace defective structures, products or workmanship, or refund that portion of the price related to the defective product, labor, or service rendered.
• The Company reserves the right, in cases where certain fabric colors have been discontinued, to offer the Purchaser or Owner a choice of available alternative colors to replace the warranted fabric. The Company does not guarantee that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued fabric color. • Should the Purchaser or Owner sell the structures to another party, the warranty cannot be transferred to the new owner without a complete and thorough on-site inspection performed by a Company representative. Please contact the Company at warranty@usashade.com for more details. • All warranty claims covering Company supplied structures, products, and services must be submitted by Purchaser or Owner in writing to the Company within thirty days from the date of discovery of the alleged defect and must include a detailed description and applicable photographs of the alleged defect or problem. Warranty claims should be submitted by email to [email protected].
• Purchaser or Owner agrees that venue for any court action to enforce these limited warranties shall be in the City or County of Dallas in the State of Texas, USA. • These limited warranties are void if:
o the supplied structures, products, services and/or labor are not paid for in full;
o the structures are not assembled in strict compliance with USA SHADE specifications;
o any changes, modifications, additions, or attachments are made to the structures in any way, without prior written approval from the Company.

Specifically, no signs, objects, fans, light fixtures, etc. may be hung from the structures, unless specifically engineered by the Company. • These limited warranties do not cover defects and/or damages caused by:
o normal wear and tear;
o misuse, willful or intentional damage, vandalism, contact with chemicals, cuts and Acts of God (i.e. tornado, hurricane, micro/macros burst, earthquake, wildfires, etc.);
o ice, snow or wind loads in excess of the designed load parameters engineered for the supplied structures;
o use, maintenance, neglect, repair, and/or service inconsistent with the Company’s written care and maintenance instructions, provided with the order.

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www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 • The limited warranties explicitly exclude:
o workmanship related to assembly not provided by the Company or its agents;
o fabric curtains, valances, and flat vertical panels;
o fabric tops installed on structures that were not engineered and originally supplied by the Company.
• THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL,

LIQUIDATED, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, PROFIT, USE

OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR

ANY OTHER LEGAL THEORY, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN

CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT OR SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY

AMOUNT GREATER THAN THE PURCHASE PRICE FOR ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY.
• THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY’S PRODUCTS AND SERVICES, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE,

AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. PURCHASER, BY ACCEPTANCE AND USE OF THIS LIMITED WARRANTY,

WAIVES ANY RIGHTS IT WOULD OTHERWISE HAVE TO CLAIM OR ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.

Colourshade ® and eXtreme 32™ are registered trademarks of Multiknit Pty. Ltd.

Commercial 95™ and SaFRshade™ are registered trademarks of Gale Pacific USA Inc Monotec 370™ is a registered trademark of PRO-KNIT Industries Pty. Ltd.

Precontraint 502™ is a registered trademark of Serge Ferrari North America, Inc. 16) Assembly/Installation:
• Company will notify Purchaser of the scheduled assembly date. Owner agrees to have an owner representative meet the assembly crew at the job site on the scheduled assembly date to verify the exact location where the structure(s) is to be placed. • Labor for the removal, assembly, and/or freight charges will only be covered by Company in instances where the structures supplied and installed by Company are determined by the Company to be defective. In all cases where structures are not installed by Company, all labor for the removal, assembly, and/or freight of the structures will be the Purchaser’s responsibility. • Installation prices are based on a single mobilization charge. If additional mobilizations are required, there will be additional charges.
• If the requested services require Company access to Owner’s premises, Company will be provided access to the Owner’s premises free and clear of debris, automobiles, or other interference Monday ~ Friday during the hours of 8:00am to 6:00pm, and Company will have access to water and electrical facilities during installation. Additional charges will apply if

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www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 utilities are not easily accessible. Where applicable, all vehicles will be moved prior to Company’s crew beginning any installation.
• Company will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation. • Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair resulting in delay will result in additional charges unless they are detailed on as-built site drawings provided to Company or marked on the ground and communicated to Company in writing prior to fabrication and installation. 17) Installation/Assembly on-site: Where installation/assembly is part of the services, Purchaser must provide the Company with a detailed drawing prepared by or for the Owner showing exactly where the structures are to be assembled as well as detailing any obstacles or other impediments that may cause the assembly process to be more difficult. Any fixture(s), e.g., playground, pools, etc., that the structures are to be assembled over must also be detailed, along with their peak heights (if applicable).
18) Site/Use Review by Purchaser: Company relies on the Purchaser to determine that the structures ordered are appropriate and safe for the Owner’s installation site and/or intended use. Company is not responsible for damages or injuries resulting from collisions by moving objects or persons with the structure post(s). Company can recommend, or supply at additional cost, padding for posts from a third party manufacturer.
19) Preparatory Work: Where installation/assembly is part of the services and in the event that the foundation or job site is not suitable or ready for assembly to begin on the scheduled day, a Delay of Order notification must be sent to Company at least 4 working days prior, in order to allow Company to reschedule the project. In the event that Company is not notified and incurs an expense in attempting to execute the assembly, a re-mobilization charge may be charged to Purchaser before Company will reschedule the assembly.
20) Delegation: Subcontractors: The services and the manufacturing and assembly of the structures may be performed by subcontractors under appropriate agreements with the Company. 21) Force Majeure: Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or assembling of the structures when such failure or delay is due to any cause beyond the control of the Company, due to compliance with governmental regulations or orders, or due to any Acts of God, strikes, lockouts, slowdowns, wars, or shortages in transportation, materials or labor.
22) Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Dallas, TX by a single arbitrator selected by the parties or by the American Arbitration Association, and conducted in accordance with the construction industry arbitration rules. Judgment upon the award may be entered in any court having jurisdiction thereof.
23) Entire Agreement; No Reliance: This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which

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www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 are not expressly stipulated herein, including without limitation any statements as to the structures, warranties, or services provided hereunder.
24) No Third-Party Beneficiaries: This agreement creates no third-party rights or obligations between Company and any other person, including any Owner who is not also a Purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement.
25) Governing Law: The agreement will be construed and enforced in accordance with the laws of the State of Texas.
26) Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company. The agreement shall be binding upon and insure to the benefit of the Company and the Purchaser, and their successors and permitted assigns. 27) Electronic Signatures. Each party agrees that the electronic signatures of the parties to this Agreement, whether digital or encrypted, including but not limited to the use of a typed name, are intended to authenticate this writing and to have the same force and effect as manual signatures.

Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including but not limited to typed or email electronic signatures.

PURCHASER: SELLER:

Shade Structures, Inc. DBA USA Shade
NOTE: All purchase orders and contracts should be drafted in the name of Shade Structures, Inc.

Signature:

By:

Title:

Date:

Signature:Will King
By: Will King
Title: Architectural Specialist
Date: 4.3.2026

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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-123)
Item: 14.

Meeting: 4/14/2026 8:30 AM
Department: City Clerk
Category: Action Item
Prepared by: Norma Wyles, City Clerk
Department Head: Michael Crankshaw
DOC ID: 2026-123
Discussion and any necessary action regarding the cancellation of the April 21, 2026, City Council meeting.

CITY MANAGER'S RECOMMENDATION:

Direction from City Council regarding the cancellation of the April 21, 2026, City Council meeting.

FISCAL IMPACT:

N/A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

N/A
BACKGROUND:

Advance notice of a canceled meeting allows Council members and staff to plan accordingly.

DISCUSSION:

Council may select to cancel the April 21, 2026, City Council meeting. Should a matter require immediate Council direction or action, a special meeting could be called.

CONCLUSION:

Cancellation of the April 28, 2026, City Council meeting.

ATTACHMENTS:

None

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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-96)
Item: 15.

Meeting: 4/14/2026 8:30 AM
Department: Public Works
Category: Informational Items
Prepared by: Elizabeth Zarate, Analyst
Department Head: Abraham Campos
DOC ID: 2026-96
Update Emergency Declaration - WWTP Bar Screen Failure
CITY MANAGER'S RECOMMENDATION:

Information item only.

FISCAL IMPACT:

No impact to the General Fund. Project to be funded by the wastewater enterprise working capital. The estimated cost is about $800.000.00 STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Environmental Sustainability & Infrastructure
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

N/A
BACKGROUND:

The first piece of equipment that receives incoming sewer flow. The purpose of the screen is to remove inorganic materials (plastics, debris, etc.) from the wastewater stream before it enters the treatment process and to divert these materials for disposal at a landfill. The trash bar failed on January 20, 2026, Council approved a local emergency resolution to allow the repairs to proceed quickly.

DISCUSSION:

Staff has obtained quotes from the equipment supplier and is working to place the order. Staff has also obtained a quote from a contractor and is working with our city legal department to set up the agreement to be in place once the equipment is delivered. Public works will be returning to Council to provide updates as work and contracts are established.

CONCLUSION:

Informational item only
ATTACHMENTS:

None

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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2026-92)
Item: 16.

Meeting: 4/14/2026 8:30 AM
Department: City Clerk
Category: Informational Items
Prepared by: Norma Valenzuela,
Secretarial Assistant
Department Head: Norma Wyles
DOC ID: 2026-92
Certificate of Mailing Notice of Application to the City, County and Municipal Government Agencies.

CITY MANAGER'S RECOMMENDATION:

FISCAL IMPACT:

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:

1. Certificate of Mailing Notice of Application to the City County

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El Centro City CouncilApril 14, 2026

El Centro City Council
April 14, 2026