City of Imperial Council Agenda
November 5, 2025
Imperial City Council
James Tucker – Mayor
Ida Obeso-Martinez – Mayor Pro-Tem
Stacy Mendoza – Council Member
Katherine Burnworth – Council Member
Robert Amparano – Council Member
AGENDA
Regular Meeting of the Imperial City Council
City Council Chambers
220 West 9th Street
Imperial, CA 92251-1637
November 5, 2025
Closed Session at 06:00 pm
Open Session at 07:00 pm
The City Council meetings are live-streamed on the City’s Facebook page at www.facebook.com/cityofimperial. By remaining in the room, you are giving permission to be recorded.
Public Comments: Members of the public who wish to speak are encouraged to fill out a Speaker Slip and submit it to the City Clerk before the start of the meeting. Public comments are limited to 3 minutes.
Comments may also be submitted by email to [email protected] no later than 5:00 p.m., the day of the meeting.
Americans with Disabilities Act: Requests for special assistance to participate in the meeting, please contact the City Clerk’s Office by calling (760) 355-5303 or emailing [email protected].
Notification of 48 hours before the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA title II].
All documents with executive summaries and staff recommendations for open session action items are available on the City’s website 72 hours before the meeting www.https://cityofimperial.org/cc-agendaarchive. Supplemental writings distributed to the City Council within 72 hours of the meeting will also be posted online. Written materials shared during the meeting will be available there if prepared by the city or afterward if prepared by others. These materials can be obtained from the City Clerk’s Office. 6:00 P.M. CLOSED SESSION
ROLL CALL
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: At this time, members of the public may address the City Council on Closed Session items. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information. There is a time limit of three (3) minutes for anyone wishing to address the City Council on these matters.
City of Imperial Council Agenda
November 5, 2025
CITY COUNCIL ADJOURNS INTO CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL: The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS- G.C. 54956.8 Property APN: 064-433-010
Agency Negotiator: Dennis H. Morita, City Manager
Negotiating Parties: Paul Dulai, State Department of General Services (DGS) Under Negotiation: Instructions to negotiator regarding price and terms CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION G.C §54956.9 (d)(2) Novalk, LLC v. City of Imperial et. al, United States District Court for the Southern District of California, 25CV2307 BAS DDL
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure of Litigation - G.C §54956.9 (d)(2) Number of Potential Cases: 1
7:00 P.M. REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
ADJUSTMENTS TO THE AGENDA: The City Council may amend the order, add urgency items, note abstentions or “no” votes on consent calendar items, and request consent calendar items be removed from the consent calendar for discussion. The City Council may also remove items from the consent calendar before that portion of the agenda. The City Council may address these issues by entertaining a formal motion.
CITY ATTORNEY REPORT ON CLOSED SESSION
PUBLIC COMMENT: If you wish to address the City Council concerning any item within the City Council’s jurisdiction, please raise your hand and be acknowledged by the mayor. At that time, state your name and address for the record. The mayor reserves the right to place a time limit of three (3) minutes on each person’s presentation.
A. PRESENTATIONS:
A-1. Friends of Imperial Parks Check Presentation.
A-2. Highway 86 Beautification Project Update by Othon Mora, Community Development Director.
City of Imperial Council Agenda
November 5, 2025
B. CONSENT AGENDA: All items appearing under the “Consent Agenda” will be acted upon by the City Council with one motion without discussion. Should any Council member or other person request that any item be considered separately, that item will then be taken up at the time as determined by the mayor.
B-1. Approval of Warrants Report.
B-2. Approve City Council Minutes for the Regular Meeting of October 1, 2025, and October 15, 2025.
B-3. Approve and adopt the Acceptable Use Policy
B-4. Approve and adopt Mobile Device Policy
B-5. Approve and adopt the Bring Your Own Device Policy B-6. Accept the Anthony Redondo Park Improvement Project as complete and authorize city staff to file a Notice of Completion.
C. PUBLIC HEARING (DISCUSSION/ACTION):
C-1. Introduction and first reading by title only of Ordinance No. 831, adopting the 2025 California Building Codes.
Presenter: Cody Cole, Building Inspection and Code Enforcement Supervisor Recommendation: Introduction and first reading by title only of Ordinance No. 831, ORDINANCE OF THE CITY OF IMPERIAL, CALIFORNIA, REENACTING CHAPTER 6 RELATING TO BUILDING REGULATIONS, and authorize staff to prepare an ordinance summary for publication purposes.
C-2. Public hearing for the purpose of vacating a public right-of-way portion of O Street between 1st Street and 2nd Street and adopting Resolution No. 2025-53.
Presenter: Othon Mora, Community Development Director
Recommendation: Adopt Resolution No. 2025-53, RESOLUTION OF INTENTION TO VACATE A PUBLIC RIGHT-OF-WAY.
D. ACTION ITEMS (DISCUSSION/ACTION):
D-1. Approve a regulatory agreement to establish the 6th & H Street Apartments as affordable housing.
Presenter: Thomas Garcia, Assistant to the City Manager Recommendation: Approve the regulatory agreement establishing affordable housing for the 6 th/H Street Apartments for a period of 55 years.
D-2. Award a contract for the 6
th and H Street Apartments Window Replacement Project Bid No. 2025-17.
Presenter: Cody Cole, Building Inspection and Code Enforcement Supervisor Recommendation: Award the project to Discount Door and Window in the amount of $49,932.00 with a 15% contingency of $7,489.80.
City of Imperial Council Agenda
November 5, 2025
D-3. Accept the combined Request for Proposals for the Website Redesign and Development ADA Title II Compliance, and the Automated Agenda Management, RFP 2025-15 and 2025-16.
Presenter: Alejandro Estrada, DoIt Director
Recommendation: Approve the disbursement of funds for both RFP’s and accept both proposals by CivicPlus in the amount of $48,587.79.
D-4. Approve an agreement with SewerAI under the Houston-Galveston Area Council (HGAC) cooperative purchasing program, CIP #853.
Presenter: David Dale, Public Services Director
Recommendation: Approve the agreement with SewerAI for an annual subscription of services for the Manhole and Gravity Sewer CCTV Inspection project Bid 2025-08.
D-5. Award a contract for the Infrastructure Modernization and Utility Savings Program RFP 2025-
10. Presenter: David Dale, Public Services Director
Recommendation: Accept proposal from Climatec Energy Services for Infrastructure Modernization & Utility Savings Program RFP 2025-10.
D-6. Adopt plans and specifications and authorize bidding for the Waste Water Treatment Plant Demolition Project Bid No. 2025-19, CIP #849.
Presenter: David Dale, Public Services Director
Recommendation: Adopt plans and specifications and authorize bidding for the Waste Water Treatment Plant Demolition Project Bid No. 2025-19, CIP #849.
D-7. Authorize sidewalk repairs for the Grid 1 portion of the City of Imperial with Precision Concrete Cutting.
Presenter: David Dale, Public Services Director
Recommendation: Authorize Grid 1 sidewalk repairs for the City of Imperial with Precision Concrete Cutting.
D-8. Accept the proposal from the Water Treatment Specialists for Cross-Connection Control Program services for a two-month term.
Presenter: David Dale, Public Services Director
Recommendation: Accept a proposal from the Water Treatment Specialists for CrossConnection Control Program services for a two-month term.
D-9. Approve the purchase of one (1) GMC Sierra Pickup for the Police Department.
Presenter: Aaron Reel, Chief of Police
Recommendation: Approve the purchase of one (1) GMC Sierra Pickup for the Police Department.
City of Imperial Council Agenda
November 5, 2025
D-10. Adopt the Plans and Specs and authorize bidding for the Construction of an Electric Vehicle Charger Station Phase I, CRP-5134(030).
Presenter: Othon Mora, Community Development
Recommendation: Approve the plans and specs and authorize bidding for the Construction of an Electric Vehicle Charger Station Phase I, CRP-5134(030).
E. REPORTS:
E-1. Department Reports
E-2. City Manager Report
E-3. Mayor and Councilmember Reports
ADJOURNMENT: The next regular meeting of the Imperial City Council will be held on Wednesday, November 19, 2025.
CITY OF IMPERIAL
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 1
Time: 3:56 pm
Date: 10/29/2025
Void/Stop
Date
Reconcile
Date
US BANK Checks
ACADEMI AWARDS & 541.25
TROPHIES
128174 10/09/25 Reconciled 10/27/25 735 8624 85182
128175 10/09/25 Reconciled 10/15/25 8846 AGUSTIN MEZA 9619-0150/2425 OHARE 96.79 128176 10/09/25 Printed 5201 AIR MED CARE NETWORK 5882-10012025 84447 132.00 128177 10/09/25 Reconciled 10/20/25 195 ALLIED WASTE 0467-001758180 Sludge 14th st 85099 184,103.86 128178 10/09/25 Reconciled 10/14/25 884 ALPHA SITE LOGISTICS I389 85197 338.56 128179 10/09/25 Printed 8843 AMANDA CASTRO CARNAVAL- DEPOSIT 85188 3,375.00 128181 10/09/25 Reconciled 10/14/25 5956 AMAZON CAPITAL SERVICES 1FK4-V39N-TDH1 85014 2,569.38 128182 10/09/25 Reconciled 10/14/25 1851 AT&T LONG DISTANCE 760-355-1158 10/7/25 1,958.37 128183 10/09/25 Reconciled 10/14/25 8279 AT&T MOBILITY 287335981729X1042025 5,723.47 128184 10/09/25 Printed 732 BAKER & TAYLOR BOOKS 2039240299 83948 413.90 128185 10/09/25 Reconciled 10/15/25 7158 BLUETARP FINANCIAL, INC. J11141 85034 23.80 128186 10/09/25 Reconciled 10/20/25 8747 BLUETRITON BRANDS INC. 05J8730277585 313.39 128187 10/09/25 Reconciled 10/14/25 7808 BOOT BARN INC. INV00514991 F. GONZALEZ 84117 715.95 128188 10/09/25 Reconciled 10/14/25 8296 BRAWLEY ANALYTICAL, INC. 001470 85097 109.50 128189 10/09/25 Reconciled 10/16/25 3669 CANON U.S.A. INC 41920561 85301 357.63 128190 10/09/25 Reconciled 10/14/25 4138 CHRISTOPHER KEMP REIMBURSEMENT-TRAVEL 85091 1,390.85 128191 10/09/25 Reconciled 10/14/25 8104 CLIFFORD SCHNEIDER IV TUITION REIMB- FY 25/26 84445 1,960.00 128192 10/09/25 Reconciled 10/28/25 6222 CODE EXXPERTS, LLC 2025-0019 85028 1,900.00 128193 10/09/25 Reconciled 10/16/25 132 COSTCO WHOLESALE 47419 84780 76.85 128194 10/09/25 Reconciled 10/20/25 8844 COTA'S TACOS 2600 85185 960.00 128195 10/09/25 Reconciled 10/27/25 8845 DANZA MEXI'CAYOTL 1521- DEPOSIT 85191 500.00 128196 10/09/25 Reconciled 10/27/25 8845 DANZA MEXI'CAYOTL 1521-1 BALANCE 85192 500.00 128197 10/09/25 Reconciled 10/21/25 5227 DAVID DALE REIMBURSEMENT-TRAVEL 85092 1,229.19 128198 10/09/25 Reconciled 10/16/25 8855 DWAYNE JASON QUAMINA 059- DEPOSIT 85186 250.00 128199 10/09/25 Printed 8855 DWAYNE JASON QUAMINA 059-1 BALANCE 85187 250.00 128200 10/09/25 Reconciled 10/15/25 207 EL CENTRO MOTORS 5241617 84928 16.25 128201 10/09/25 Reconciled 10/14/25 2191 EMBER HALLER REIMBURSEMENT- LOWES 85109 370.60 FERGUSON WATERWORKS 3,719.26
#1083
128202 10/09/25 Reconciled 10/15/25 7145 0889527 85202
FORENSIC DRUG TESTING 892.75
SERVICES
128203 10/09/25 Reconciled 10/21/25 5134 2025-3065 84449 128204 10/09/25 Printed 4894 GRANITE DATA SOLUTIONS IN102274-1 85013 5,568.00 GUARDIAN ALLIANCE 310.00
TECHNOLOGIES
128205 10/09/25 Reconciled 10/23/25 8490 30702 84930
128206 10/09/25 Reconciled 10/14/25 3039 HOLTVILLE TRIBUNE 0102035 84833 216.00 HOME DEPOT CREDIT 1,371.67
SERVICES
128207 10/09/25 Reconciled 10/20/25 2096 7902251 85026
IMPERIAL IRRIGATION 47,171.25
DISTRICT
128208 10/09/25 Reconciled 10/15/25 028 OCTOBER 7, 2025 IMPERIAL TRUSS & LUMBER 79.71
CO.
128209 10/09/25 Reconciled 10/15/25 3187 B79474 85198
IMPERIAL VALLEY 90.00
OCCUPATIONAL M
128210 10/09/25 Reconciled 10/14/25 2099 4946 84448
128211 10/09/25 Printed 6472 INGRAM LIBRARY SERVICES 90879328 84764 281.31 128212 10/09/25 Reconciled 10/28/25 8848 JEAN-PHILIPPE DESHOMMES 9998-4156/480 TRESHILL #285 78.40 128213 10/09/25 Printed 8853 JOSE R. LOPEZ 9410-0710/659 JOSHUA TREE 14.98 K-C WELDING & RENTALS, 2,013.17
INC.
128214 10/09/25 Reconciled 10/16/25 868 218453 85184
128215 10/09/25 Reconciled 10/15/25 8854 KENNYA HURTADO GARCIA 9920-0706/169 ANA 39.21 128216 10/09/25 Printed 8847 KIMBERLY CABRERA 9985-0120/310 N F 9.24 KOPPEL & GRUBER PUBLIC 15,715.54
FINANCE
128218 10/09/25 Reconciled 10/15/25 5580 25-1474 PASEO LIGHTING 84650 128219 10/09/25 Reconciled 10/15/25 8276 MARTHA TORRES 056- DEPOSIT 85193 300.00 128220 10/09/25 Printed 8276 MARTHA TORRES 056-1 BALANCE 85194 300.00 128221 10/09/25 Reconciled 10/14/25 1190 MISSIONSQUARE - 304257 10/3/25 526.40 128222 10/09/25 Reconciled 10/16/25 8669 NAPA AUTO PARTS 569743 85183 197.58 128223 10/09/25 Reconciled 10/17/25 219 PADRE USA 16033072 85189 800.80 128224 10/09/25 Reconciled 10/16/25 084 PITNEY BOWES BANK INS 8000-9000-0466-5836 10/3/25 85303 402.25 PRECISION ELECTRIC CO. 3,637.40
INC.
128225 10/09/25 Reconciled 10/14/25 1776 0124049-IN 85096 B-1
CITY OF IMPERIAL
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 2
Time: 3:56 pm
Date: 10/29/2025
Void/Stop
Date
Reconcile
Date
US BANK Checks
128226 10/09/25 Reconciled 10/14/25 8516 QUICK QUACK CAR WASH ARB236785 84648 569.70 128227 10/09/25 Reconciled 10/27/25 8576 RAMIRO RAMOS 10/13/25 - 10/17/25 TRIMBLE INNOVATE 410.00 CONF
128228 10/09/25 Reconciled 10/27/25 8576 RAMIRO RAMOS 10/27/25 - 10/30/25 INFRASTUCTURE 330.25
MGMT GIS CONF
128229 10/09/25 Reconciled 10/17/25 3698 RESIDEO LLC 300987971 85016 1,061.62 128230 10/09/25 Printed 8850 REVOLUCION ASADA INV0036 84418 2,125.00 128231 10/09/25 Reconciled 10/14/25 3786 RINGCENTRAL INC CD_001227857 85027 1,359.57 128232 10/09/25 Reconciled 10/16/25 8518 ROCKWELL ENGINEERING & 270258 85093 12,965.28 128233 10/09/25 Printed 8849 RUBEN CASTANEDA 100- DEPOSIT 85195 150.00 128234 10/09/25 Printed 8849 RUBEN CASTANEDA 100-1 BALANCE 85196 150.00 RYAN HERCO PRODUCTS 3,757.88
CORP
128235 10/09/25 Reconciled 10/16/25 6233 B468703 85094
128236 10/09/25 Reconciled 10/14/25 979 SELLERS PETROLEUM CL46921 17,902.80 128237 10/09/25 Reconciled 10/20/25 5706 SHI INTERNATIONAL CORP B20340871 85015 16,487.08 128238 10/09/25 Printed 7623 STERICYCLE, INC. 8011994446 85300 182.18 128239 10/09/25 Reconciled 10/15/25 6416 SUN DATA SUPPLY INV0301594 85102 93.47 SWANK MOTION PICTURES, 483.00
INC
128240 10/09/25 Reconciled 10/16/25 3570 4090739 85118
128241 10/09/25 Reconciled 10/20/25 8824 TANIA Y SU NUEVA ERA LLC FIESTA 10/18/2025- DEPOSIT 84879 1,000.00 128242 10/09/25 Printed 8851 TERESA HENRY 9925-0580/647 OCASO 124.97 TERMINIX OF IMPERIAL 133.00
VALLEY
128243 10/09/25 Reconciled 10/16/25 095 10006351 FIRE BARN RENEWAL 85095 128244 10/09/25 Reconciled 10/14/25 8681 THOMAS GARCIA 9/30/25 - 10/3/25 JPIA CONFERENCE 626.94 128245 10/09/25 Reconciled 10/14/25 8681 THOMAS GARCIA 10/07/25 - 10/10/25 CAL CITIES 450.75
CONFERENCE
128246 10/09/25 Printed 8852 TRISTEN CASTILLO 9971-0220/314 S D 32.68 128247 10/09/25 Printed 8519 VAN DERMYDEN MAKUS LAW 35519 85251 798.00 128248 10/09/25 Reconciled 10/20/25 8150 VENCER PUBLIC AFFAIRS & 327 84236 2,000.00 128249 10/09/25 Reconciled 10/15/25 2081 VESTIS GROUP, LLC OCTOBER 2025 3,584.54 128250 10/09/25 Reconciled 10/14/25 5639 WAGEWORKS, INC 0925-OR39530 SEP 2025 85254 100.00 128251 10/09/25 Printed 1827 WILKINSON REAL ESTATE 9926-0943/612 N IMPERIAL #A 81.93 WINNCOM TECHNOLOGIES 4,178.02
CORP
128252 10/09/25 Reconciled 10/17/25 7695 90008482 85019 ZASUETA CONTRACTING, 179,655.00
INC.
128253 10/09/25 Reconciled 10/27/25 1773 3426 85180
128390 10/16/25 Printed 023 AIRWAVE COMMUNICATIONS 451211 84936 762.06 128391 10/16/25 Printed 884 ALPHA SITE LOGISTICS I390 85355 338.56 128392 10/16/25 Reconciled 10/22/25 5956 AMAZON CAPITAL SERVICES 1P4N-GPXJ-37FW 85359 469.09 128393 10/16/25 Reconciled 10/27/25 7078 APPLIED CONCEPTS 465421 84940 3,651.52 128394 10/16/25 Printed 8858 ARTURO AYALA 9958-0920/2300 MYRTLE#46 46.77 128395 10/16/25 Reconciled 10/22/25 7158 BLUETARP FINANCIAL, INC. J12757 85356 3.65 CALIFORNIA STATE 1,605.66
DISBURSEMENT
128396 10/16/25 Reconciled 10/22/25 455 10/17/25
128397 10/16/25 Printed 8859 CARLOS DEL ANGEL 9924-0094/2700 BRIGHTON 129.84 128398 10/16/25 Reconciled 10/17/25 1053 CITY OF IMPERIAL PETTY CASH- FIESTA 10/18/25 85367 500.00 128399 10/16/25 Reconciled 10/27/25 3135 COUNTY OF SAN DIEGO, RCS 26IMPCPDN03 84938 1,372.50 DAVE BANG & ASSOCIATES, 1,980.53
INC.
128400 10/16/25 Reconciled 10/21/25 607 CA59378 85370
DEVELOPMENT 5,123.97
MANAGEMENT GROUP
128401 10/16/25 Printed 2815 SEPTEMBER 2025 84242
128402 10/16/25 Reconciled 10/22/25 8447 EL CENTRO ROCK SUPPLY 0003920 85354 226.27 128403 10/16/25 Reconciled 10/23/25 8861 EMILY GUZMAN 034 85365 450.00 ENTERPRISE FLEET 102,008.62
MANAGEMENT,
128404 10/16/25 Reconciled 10/28/25 8064 575205A-100325 85302 128405 10/16/25 Printed 314 FRANCHISE TAX BOARD 10/17/25 808.62 GREEN PATCH 902.37
LANDSCAPING INC.
128406 10/16/25 Reconciled 10/22/25 1423 16204 85364
HUMANE SOCIETY OF 140.00
IMPERIAL
128407 10/16/25 Printed 4271 SEPTEMBER 2025 84937
IMPERIAL POLICE OFFICERS 1,267.50
ASSN.
128408 10/16/25 Reconciled 10/20/25 102 10/17/25
CITY OF IMPERIAL
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 3
Time: 3:56 pm
Date: 10/29/2025
Void/Stop
Date
Reconcile
Date
US BANK Checks
128409 10/16/25 Printed 221 IMPERIAL PRINTERS 25-2694 84935 110.98 IMPERIAL TRUSS & LUMBER 1,897.29
CO.
128410 10/16/25 Reconciled 10/21/25 3187 B79543 85361
128411 10/16/25 Reconciled 10/27/25 5033 INFO SEND INC. 295931 85304 1,995.29 128412 10/16/25 Printed 8644 JESSICA HURTADO 10/17/25 394.62 128413 10/16/25 Reconciled 10/27/25 8831 JOSE LANDEROS 9992-0170/318 W 4TH REISSUE 43.79 K-C WELDING & RENTALS, 401.21
INC.
128414 10/16/25 Reconciled 10/22/25 868 219049 85351
128415 10/16/25 Reconciled 10/21/25 1996 LEE TIRE CO. 407785 85357 246.50 128416 10/16/25 Reconciled 10/21/25 101 LINCOLN LIFE 10/17/25 892.00 128417 10/16/25 Printed 8860 MARVIN CORNEJO 9222-0001/616 MORNINGSIDE 15.68 128418 10/16/25 Reconciled 10/20/25 8857 MICHELLE RAMIREZ 8925-0065/642 W BREWER #123 118.77 128419 10/16/25 Reconciled 10/21/25 1190 MISSIONSQUARE - 304257 10/17/25 526.40 128420 10/16/25 Reconciled 10/23/25 4475 MOTOROLA SOLUTIONS, INC 8282209117 83744 34,189.59 128421 10/16/25 Printed 8669 NAPA AUTO PARTS 569952 85360 98.20 NC CHILD SUPPORT 264.00
CENTRALIZED
128422 10/16/25 Reconciled 10/21/25 8633 10/17/25
128423 10/16/25 Reconciled 10/20/25 6710 PREMIER RENTALS FIESTA 10/18/25 85366 1,629.80 128424 10/16/25 Reconciled 10/20/25 3897 QT SANITATION 3338 85369 1,627.00 128425 10/16/25 Reconciled 10/27/25 5117 RECDESK LLC RD-001808 85039 376.25 128426 10/16/25 Reconciled 10/27/25 8856 RHETT & ELIDA ESTRICK 9610-0788/657 SILVERWOOD 49.96 128427 10/16/25 Reconciled 10/20/25 7343 ROVE ENGINEERING INC 7262 84810 880,588.17 128428 10/16/25 Printed 2365 SPARKLETTS 24671719 101125 344.71 STRADLING YOCCA 3,014.56
CARLSON&RAUTH,
128429 10/16/25 Reconciled 10/20/25 6193 424193 84243
SUPERIOR READY MIX 245.95
CONCRETE LP
128430 10/16/25 Reconciled 10/21/25 1265 2510-059094 85363 128431 10/16/25 Reconciled 10/22/25 104 TEAMSTERS, LOCAL 542 10/17/25 2,181.00 TEXAS LIFE INSURANCE 1,213.12
COMPANY
128432 10/16/25 Reconciled 10/23/25 7443 10/17/25
128433 10/16/25 Reconciled 10/20/25 8532 TYLER BRINKERHOFF 009 84240 1,500.00 128447 10/16/25 Reconciled 10/16/25 5837 U.S. BANK HYATT 8/20/25 83587 29,880.69 128448 10/20/25 Reconciled 10/22/25 8201 ELIZABETH LUEVANO 10/22/25 - 10/26/25 CLA CONFERENCE 342.00 128449 10/20/25 Reconciled 10/20/25 2191 EMBER HALLER 10/21/25 - 10/26/25 CSL RETREAT & 383.00
CLA CONF
128450 10/20/25 Reconciled 10/23/25 8863 EMMANUEL GONZALEZ 10/23/25 - 10/26/25 CLA CONFERENCE 261.75 128451 10/20/25 Printed 8865 IVONNE SOTOMAYOR 10/22/25 - 10/26/25 CLA CONFERENCE 342.00 128452 10/20/25 Reconciled 10/20/25 8220 JULIA SAMANIEGO 10/22/25 - 10/26/25 CLA CONFERENCE 342.00 128453 10/20/25 Reconciled 10/27/25 8862 LARYSSA ALVARADO 10/24/25 - 10/25/25 CLA CONFERENCE 112.50 128454 10/20/25 Reconciled 10/22/25 8864 MIA HERNANDEZ 10/22/25 - 10/26/25 CLA CONFERENCE 342.00 128455 10/20/25 Reconciled 10/21/25 8221 ROBERT DE DIOS 10/23/25 - 10/26/25 CLA CONFERENCE 261.75 128588 10/29/25 Printed 7065 2K TOWER SERVICES LLC 597 85502 675.00 128589 10/29/25 Printed 3697 AARON REEL REIMB- TRAINING 10/14/25 84948 64.92 128590 10/29/25 Printed 8793 ADVANCED AIR & VACUUM 137535374 85240 864.40 128591 10/29/25 Printed 8339 AIMEE OSUNA 11/12/25 - 11/14/25 CLERK NEW LAW & 82.25
ELECTIONS
128592 10/29/25 Printed 5201 AIR MED CARE NETWORK 5882-10152025 85258 41.00 128593 10/29/25 Printed 638 ALL AMERICAN CLEANING CI 2502 85213 392.04 128596 10/29/25 Printed 5956 AMAZON CAPITAL SERVICES 16FP-CC39-CPWL 85103 3,455.39 AMERICAN FIDELITY 6,020.92
ASSURANCE
128597 10/29/25 Printed 6306 D899495 85309
128598 10/29/25 Printed 7078 APPLIED CONCEPTS 466128 85401 2,673.28 128599 10/29/25 Printed 656 AQUA METRIC INV0110787 85507 56,509.21 BABCOCK LABORATORIES, 10,787.46
INC.
128604 10/29/25 Printed 4400 LJ50028-8203 85475
BAKER DISTRIBUTING 1,525.55
COMPANY LLC
128605 10/29/25 Printed 6069 GF71253 85238
128606 10/29/25 Printed 3869 BASE HILL INC. 26406 SEP 2025 85215 5,757.00 128607 10/29/25 Printed 8873 BIANCA HATFIELD & DAMIAN 9827-0004/477 PINTO 60.13 128608 10/29/25 Printed 250 BLUE SHIELD OF CALIFORNIA 252870021903 NOV 2025 85312 69,290.08 128611 10/29/25 Printed 7158 BLUETARP FINANCIAL, INC. J20517 85386 2,076.33
CITY OF IMPERIAL
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 4
Time: 3:56 pm
Date: 10/29/2025
Void/Stop
Date
Reconcile
Date
US BANK Checks
128612 10/29/25 Printed 7808 BOOT BARN INC. 191174 I. ROSS 85305 400.00 BPR CONSULTING GROUP 1,452.50
LLC
128613 10/29/25 Printed 8176 3434 84837
128614 10/29/25 Printed 8296 BRAWLEY ANALYTICAL, INC. 001519 85451 1,013.50 128615 10/29/25 Printed 674 BRENNTAG BPI554356 85217 1,521.33 CALIFORNIA STATE 1,605.66
DISBURSEMENT
128616 10/29/25 Printed 455 10/31/25
128617 10/29/25 Printed 3669 CANON U.S.A. INC 41990559 85311 3,206.98 128618 10/29/25 Printed 6222 CODE EXXPERTS, LLC 2025-0021 85501 950.00 COMPUTERSHARE TRUST 5,000.00
COMPANY
128619 10/29/25 Printed 1154 2486599 STRB 2016A 85308
128620 10/29/25 Printed 514 CORE & MAIN LP X597688 85470 12,790.11 CORPORATE TRADITIONS 305.00
INC.
128621 10/29/25 Printed 8875 XEAH2QQH-0002 85266
128622 10/29/25 Printed 132 COSTCO WHOLESALE 47582 85368 527.81 128623 10/29/25 Printed 8866 DANIEL ESCOBAR 9214-1436/263 NUEVO VALLARTA 45.29 128624 10/29/25 Printed 8867 DANIELLE FIGUEROA 9987-1574/312 E BARIONI 349.03 128625 10/29/25 Printed 8868 DAVID ARMENTA 9712-0098/531 W LEE 160.94 128626 10/29/25 Printed 1302 DAVID TURCH & ASSOCIATES OCTOBER 2025 5,000.00 128627 10/29/25 Printed 7257 DENNIS MORITA 10/23/25 - 10/25/25 CLA CONFERENCE 142.75 128628 10/29/25 Printed 1573 DEPARTMENT OF JUSTICE 848339 84943 223.00 128629 10/29/25 Printed 793 DERMA'S FLOOR COVERING 14595 85225 40.95 128630 10/29/25 Printed 2019 DRISCOLLS 11183 85259 1,143.12 128631 10/29/25 Printed 207 EL CENTRO MOTORS 5242142 84947 507.00 ENVIRONMENTAL WATER 4,199.81
SOLUTIONS,
128632 10/29/25 Printed 6250 5709527 84542
128633 10/29/25 Printed 4506 FOREMOST PROMOTIONS 566143 84927 3,572.35 128634 10/29/25 Printed 314 FRANCHISE TAX BOARD 10/31/25 377.23 128635 10/29/25 Printed 4456 GRAFFIK SCREEN PRINTING 4739 85374 48.49 128636 10/29/25 Printed 710 GRAINGER 9665739687 85472 4,227.15 GREEN RUBBER-KENNEDY 151.84
AG
128637 10/29/25 Printed 7720 I-108753 85458
HAAKER EQUIPMENT 13,784.63
COMPANY
128638 10/29/25 Printed 117 INV19703 85459
128639 10/29/25 Printed 331 HACH COMPANY 14701011 84951 23,130.00 128640 10/29/25 Printed 1349 HDL COREN & CONE SIN055264 85307 187.50 HOME DEPOT CREDIT 10,103.84
SERVICES
128642 10/29/25 Printed 2096 3904118 85384
128643 10/29/25 Printed 4377 HUBER TECHNOLOGY INC CD10029610 83843 128,985.81 128644 10/29/25 Printed 2041 ICMA D. MORITA 2026 RENEWAL 84245 1,200.00 IMPERIAL COUNTY PUBLIC 1,638.00
HEALTH
128645 10/29/25 Printed 4637 25198 85245
IMPERIAL COUNTY SHERIFFS 70,000.00
DEPT.
128646 10/29/25 Printed 3205 09302025-01 DISPATCH Q2 84944 IMPERIAL IRRIGATION 10,535.48
DISTRICT
128647 10/29/25 Printed 028 OCTOBER 23, 2025
IMPERIAL IRRIGATION 6,378.00
DISTRICT
128648 10/29/25 Printed 4264 3139598 10/16/25
128649 10/29/25 Printed 1336 IMPERIAL LANDFILL- 4136 4136-000022691 Sludge 9/16-30 85227 1,421.20 IMPERIAL TRUSS & LUMBER 1,259.75
CO.
128652 10/29/25 Printed 3187 B80074 85385
IMPERIAL VALLEY AIR 405.00
CONDITIONI
128653 10/29/25 Printed 7777 4956 85211
128658 10/29/25 Printed 6472 INGRAM LIBRARY SERVICES 91304208 84392 1,235.06 128659 10/29/25 Printed 7119 JEREMY SCHAFFER REIMB.- TRAINING 10/17/25 85400 64.92 128660 10/29/25 Printed 8644 JESSICA HURTADO 10/31/25 394.62 JIM REITER'S LOCKSMITH & 1,641.02
SAFE
128661 10/29/25 Printed 008 279076 85232
128662 10/29/25 Printed 6365 JOHN DEERE FINANCIAL P9313443 85221 41.96 K-C WELDING & RENTALS, 6,008.74
INC.
128663 10/29/25 Printed 868 219658 85388
128664 10/29/25 Printed 8871 KARISSA PENA 9920-0686/2385 BARBARA 88.09
CITY OF IMPERIAL
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 5
Time: 3:56 pm
Date: 10/29/2025
Void/Stop
Date
Reconcile
Date
US BANK Checks
128665 10/29/25 Printed 8870 KEITH BROSNAHAN 9997-1285/306 S N 109.05 128666 10/29/25 Printed 2901 KIMBALL MIDWEST 103859687 85456 2,882.12 LA BRUCHERIE IRRIGATION 467.40
SUPPLY
128667 10/29/25 Printed 1647 312872c 85250
LABOR COMPLIANCE 3,000.00
CONSULTANTS
128668 10/29/25 Printed 5230 3038 85387
128669 10/29/25 Printed 1996 LEE TIRE CO. 407694 85373 826.67 LIEBERT CASSIDY 1,337.00
WHITMORE
128670 10/29/25 Printed 788 307192 85262
128671 10/29/25 Printed 101 LINCOLN LIFE 10/31/25 542.00 MALLORY SAFETY AND 629.24
SUPPLY LLC
128672 10/29/25 Printed 260 6277516 85454
128673 10/29/25 Printed 8877 MARCI MORALES PARK RESERVATION REFUND 85372 40.00 128674 10/29/25 Printed 240 METTLER-TOLEDO, INC. 850234142 84986 4,645.29 128675 10/29/25 Printed 8872 MIGUEL DURAN 9614-1146/212 FONZIE 109.59 128676 10/29/25 Printed 1190 MISSIONSQUARE - 304257 10/31/25 526.40 MOSS, LEVY & HARTZHEIM 5,000.00
LLP
128677 10/29/25 Printed 776 17867 85313
128678 10/29/25 Printed 8314 MOTION INDUSTRIES, INC CA05-01146405 84666 3,299.88 128679 10/29/25 Printed 4475 MOTOROLA SOLUTIONS, INC 8282214277 85402 1,427.36 128682 10/29/25 Printed 8669 NAPA AUTO PARTS 570243 85382 1,948.50 NC CHILD SUPPORT 264.00
CENTRALIZED
128683 10/29/25 Printed 8633 10/31/25
128684 10/29/25 Printed 2510 NTU TECHNOLOGIES, INC. 13372 85465 12,459.46 128685 10/29/25 Printed 4481 O'REILLY 2687-169925 85223 21.54 128686 10/29/25 Printed 079 ONE SOURCE DISTRIBUTORS S007980729.001 83796 1,800.05 128687 10/29/25 Printed 7495 POLYDYNE INC. 1967735 85216 9,764.31 PRESTIGE CHEMICAL 346.04
PRODUCTS LLC
128688 10/29/25 Printed 8840 01085 85212
PRINCIPAL LIFE INSURANCE 7,522.14
COMP
128689 10/29/25 Printed 2782 1044724-10001 NOV 2025 85314 128690 10/29/25 Printed 5020 PROLITERACY 35694 85134 134.69 128691 10/29/25 Printed 8576 RAMIRO RAMOS 10/14/25 - 10/17/25 50.05
REIMBURSEMENT-CAR RENTAL
128692 10/29/25 Printed 8876 REBECCA E. RUEZGA 9978-4157/480 TRESHILL #286 249.23 128693 10/29/25 Printed 3786 RINGCENTRAL INC CD_001254601 85509 1,365.28 128694 10/29/25 Printed 7343 ROVE ENGINEERING INC 7143 85474 2,584.00 128695 10/29/25 Printed 3526 RSD 3348454-00 85205 222.16 RYAN HERCO PRODUCTS 827.28
CORP
128696 10/29/25 Printed 6233 B485413 85464
128697 10/29/25 Printed 957 SC FUELS IN-0000217652 85219 1,485.25 128698 10/29/25 Printed 979 SELLERS PETROLEUM 0738404-IN 85455 392.53 128699 10/29/25 Printed 5706 SHI INTERNATIONAL CORP B20363093 85022 3,407.93 128700 10/29/25 Printed 3262 SIMNSA HEALTH PLAN 144424 NOV 2025 COBRA 85310 11,660.22 128701 10/29/25 Printed 5257 SKM ENGINEERING LLC 31386 85243 1,172.50 128702 10/29/25 Printed 135 SOCALGAS 675 W ATEN 9/10-10/9/25 85467 65.97 128703 10/29/25 Printed 6182 SONIA GARCIA 9965-0700/219 W BARIONI 6.24 128704 10/29/25 Printed 8721 SOUTHSTAR ENGINEERING & 594 84840 298.00 128705 10/29/25 Printed 6416 SUN DATA SUPPLY INV0302973 85136 60.02 128706 10/29/25 Printed 068 SUNBELT RENTALS, INC. 175165327-0001 85383 14,897.86 128707 10/29/25 Printed 7786 TAVCO SERVICES, INC 25101616 85376 104.90 128708 10/29/25 Printed 4136 THE RENTAL SHOP 202886 85266 763.00 128709 10/29/25 Printed 1239 THE SHERWIN-WILLIAMS CO. 0237-4 85466 109.97 128710 10/29/25 Printed 058 TROJAN UV 200/50006221 85229 44,855.89 128711 10/29/25 Printed 7708 TUCKER MINI STORAGE NOVEMBER 2025- UNIT 425 85375 250.00 128712 10/29/25 Printed 8874 URBAN SDK INC. 1850 85403 10,500.00 128713 10/29/25 Printed 1100 USA BLUEBOOK INV00833460 85469 1,378.52 128716 10/29/25 Printed 615 VALLEY PEST SERVICES, INC 14355142 1,365.00 128717 10/29/25 Printed 611 VERIZON WIRELESS 6125318615 956.34 128718 10/29/25 Printed 8869 VICTOR GARCIA 8719-0333/615 SHEFFIELD 77.92
CITY OF IMPERIAL
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 6
Time: 3:56 pm
Date: 10/29/2025
Void/Stop
Date
Reconcile
Date
US BANK Checks
128719 10/29/25 Printed 7486 VORTEX USA INC. 64039 85389 2,807.68 128720 10/29/25 Printed 5674 WAGEWORKS, INC INV8351032 OCT 2025 85267 159.60 128721 10/29/25 Printed 1715 WAXIE SANITARY SUPPLY 83555551 85214 663.22 WINNCOM TECHNOLOGIES 10,559.43
CORP
128722 10/29/25 Printed 7695 90009063 85017
Total Checks: 247 Checks Total (excluding void checks): 2,292,864.37 Total Payments: 247 Bank Total (excluding void checks): 2,292,864.37 Total Payments: 247 Grand Total (excluding void checks): 2,292,864.37 Jumes Tucker - Muyor
Ida Obeso-Mtrtinei - Muyor Pro-Tem
Stacy Mendoza - Council Member
Kutheine Buntwortlr - Council Member
Robert Atnpsrano - Council Member
MINUTES
Regular Meeting of the Imperial City Council
City Council Chambers
220 West gth Street
Imperial. CA 9225 l-1637
October 1,2025
Closed Session at 06:00 pm
Open Session at 07:00 pm
6:00 P.M. CLOSED SESSION
CALL TO ORDER: The meetin g was called to order at 6:05 p.m.
ROLL CALL: Council Members Amparano, Bumworth, Mendoza, Mayor Tucker, City Manager Morita, and Attomey Tumer.
Mayor Pro Tem Obeso-Martinez arrived at 6:50 p.m.
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY:
Public comment received by Flavio Grijalva regarding Teamsters 542.
CoNFERENCE WrTrr REAL PROPERTY NEGOTIATORS- G.C.S 54956.8 Property Address: Unnumbered parcel ofland of approximately 18,730 sq. ft. ofvacant land located at the southem tip of South Imperial Avenue where it meets Highway 86 Agency Negotiator: Dennis H. Morita, City Manager
Negotiating Parties: Dr. Tien Vo, Under Negotiation: Price and terms CoNFERENCE WITH LABOR NEGOTTATORS - G.C.S s49s7.6
Agency Representatives: City Manager
Employee Organization: Imperial Police Officers Association, Teamsters Local 542 & Employee Organization Management Supawisory, Professional, Confidential, and Police Captain {-Inrepresented CONFERENCE WITH LEGAL COUNSEL. EXISTING LITIGATION G.C S54956.9 (dX2) Novalk, LLC v. City of Imperial et. al, United States District Court for the Southem District of Califomia, 25Cy2307 BAS DDL and City of Imperial v. Cazette Ranch, Inc., Imperial County Superior Court, ECU00569
Page I of1
City oflmperial Council Minutes
October 1,2025
B-z
lmperial Citv Council
CONFERENCE WITH LEGAL COUNSEL:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure of Litigation - G.C $54956.9 (dX2) Number of Potential Cases: I
7:00 P.M. REGULAR NIEETING
CALL TO ORDER: Mayor Tucker called the meeting to order at 7: l7 p.m.
ROLL CALL: Council Members Amparano, Bumworth, Mendoza, Mayor Pro Tem ObesoMartinez and Mayor Tucker.
PLEDGE OF.4,LLEGIANCE: Thc Pledge of Allegiance was led by Steel Adkins.
ADJUSTNIENT TO THE AGEI-DA:
City Manager Dennis H. Morita moved Iterns 8-6, B-7, and B-8 from the Consent Agenda to a future meeting. Mayor Tucker moved Action Itern C-6 to the next meeting. Council Member Amparano moved Action Item C-2 to the Consent Agenda.
Moved by Amparano, seconded by Burnworth, to approve the changes on Adjustment to the Agenda.
AYES: Amparano, Bumworth, Mendoza, Obeso-Martinez, and Tucker NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIES:5-0
CITY ATTORNEY REPORT ON CLOSED SESSION: The City Attomey, Tumer, stated that directions were given to Real Property Negotiators on price and terms, directions were given to Labor Negotiators, an Update was given for Existing Litigations, and directions were given for Anticipated Litigation.
PUBLIC COMMENT:
Public Comment received by Allister Lopez and Gustavo Peza regarding the Mayor of the day Public Comment received by Michelle Hollinger regarding Victoria Homes' grand opening and the IVRCC Honey Festival.
B-1.
B-2.
B-3.
Approval of Warrants Report.
Approval of City Council Minutes for Regular Meeting of September 3, 2025.
Authorize the surplus ofvarious non-operational tools and equipment for the Parks Department.
City oflnpetial Co ncil Minutes
Octobet l,2025
A. PRESENTATIONS:
A-1. Mayor Tucker presented the proclamation for Fire Prevention Week.
B. CONSENT AGENDA:
B-,1
B-5.
*B-6.
*B-7.
*B-8.
B-9.
B-10.
Approve Resolution No. 2025-468, amanding the original resolution approving a ten-year finance agreanent with PNC Bank to acquire a fire engine.
Approve and adopt the revisions to the City's Vehicle Use Policy.
Moved to a future meeting - Approve and implement the recommendations of the classification study as outlined to include reclassifications, title changes, and new and updated job descriptions for positions with Teamsters, and update the salary schedule.
Moved to a future meeting - Adopt Resolution No. 2025-50 amending the Employee Benefits for MSPC Unrepresented Employees to incorporate new classification titles from the reclassified Teamsters positions.
Moved to a future meeting - Approve the Side Letter of Agreement with Teamsters Union Local 542, and authorize the City Manager to execute the agreement on behalfofthe city.
Adopt Resolution No. 2025-51 establishing a ticket policy pursuant to the Fair Political Practices Commission.
Ratification of Support Letters for SB 346, SB 707,58 454, AB 339, and AB 650. *C-2. Approve street closure request and special event application submitted by Faith Assembly Church for the Annual Harvest Festival.
Moved by Mendoza, seconded by Obeso-Martinez, to approve the Consent Agenda, removing items B6, B-7, B-8, and adding item C-2.
AYES: Amparano, Bumworth, Mendoza, Obeso-Martinez, and Tucker NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIES:5-0
C-1. Selection ola Mayor for the Day.
Presenter: Dennis H. Morita, City Manager
Recommendation: Select a student from the lmperial Unified School District to be the City of Imperial Mayor for the Day.
*C-2. Moved to Consent Agenda - Approve street closure request and special event application submitted by Faith Assembly Church for the Annual Harvest Festival.
C. ACTION ITE]\IS (DISCUSSION/ACTION):
Mayor Harper Williams and Council Members Allister Lopez, Ian Leal, and Ethan Lara.
Moved Burnworth, seconded by Amparano, to approve adding Allister Lopez's application to selecting a Mayor for the Day.
AYES: Amparano, Burnworth, Mendoza, Obeso-Martinez, and Tucker NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIES:5-0
City of Imperial Council Minutes
Oaober 1.2025
C-3. Adopt Resolution No. 2025-48, approving an application for the Annexation ofAPN 063-010- 059 located at Neckel Road and La Brucherie Road.
Presenter: Othon Mora, Community Development Director
Recommendation: Adopt Resolution No. 2025-48, INITIATING AN APPLICATION TO THE IMPERIAL COUNTY LOCAL AGENCY FORMATION COMMISSION FOR THE WEST 70 GROUP, LLC, ANNEXATION ON APN 063-0IO.O59 LOCATED AT THE NECKEL ROAD AND LA BRUCHERIE ROAD INTERSECTION.
Moved by Mendoza (I. Leal), seconded by Obeso-Martinez (A. Lopez), to approve Resolution No' 2025-48. AYES: Amparano, Bumworth, Mendoza, Obeso-Martinez, and Tucker NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIES:5-0
C-4. Approve an agreement with Turbodata Systerns, lnc for citation processing and collections services for the Police Department.
Presenter: Aaron Reel, Police Chief
Recommendation: Approve a five-year agreanent with Turbo Data Systems, Inc., for citation processing and collections services for the Police Department.
Moved by Obeso-Martinez (A. Lopez), seconded by Amparano (E. Lara), to approve a five-year agreement with Turbo Data Systerns, Inc., for citation processing and collections services for the Police Department.
AYES: Amparano, Bumworth, Mendoza, Obeso-Martinez, and Tucker NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIES:5-0
C-5. Approve a rate adjustment and agreement with HDL Coren & Cone for property tax consulting and audit services.
Presenter: Victor Manriquez, Finance Director
Recommendation: Approve the rate adjustment and a five-year agreement with HDL Coren & Cone for property t.rx consulting and audit services.
Moved by Amparano (E. Lara), seconded by Mendoza (I. Leal), to approve the rate adjustment and a five-year agreement with HDL Coren & Cone for property tax consulting and audit services.
AYES: Amparano, Bumworth, Mendoza, Obeso-Martinez, and Tucker NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIES:5-0
City oflmperial Council Minutes
Oaober 1,2025
*C-6. Discussion regarding City of Imperial Summer Recreation Program Scheduling for 2026.
Presenter: James Tucker, Mayor
Discussion only.
*Mayor Tucker tabled until the next regular scheduled Council Meeting.
D. REPORTS:
D-1.
D-2.
D-3.
Departments reported on their activities since the last city council meeting.
City Manager Report: None
The mayor and council members have reported on their activities since the last city council Meeting and upcoming events.
City oflmperial Council Minutes
October l,2025
The council went back into closed session until 9:00 p.m.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the city of Imperial, Califomia, this 5th day of Novernber 2025.
KRISTINA SHIELDS
City Clerk
ADJOURNMENT:
Seeing no further business before the Council, Mayor Tucker (H. Williams) ended this meeting at 8:18 p.m. and adjoumed until the next council meeting on October 15,2025, at 7:00 p.m. b-z
lmperial Citr Council
Jumes Tucker - Mayor
Idu Obeso-Murtinez - Moyor Pro-Tenr
Stucl' ,Vendoza Couttt'il ,Vember
Kutherine llunrworth - Couttcil Mentber
Robert At ,paruno - Conrtcil Membar
MINUTES
Regular Meeting of the Imperial City Council
City Council Chambers
220 west gth street
Imperial. CA 9215 l -l 637
October 15,2025
Closed Session at 06:00 pm
Open Session at 07:00 pm
The City Council meetings are live-steamed on the Ctty's Facebook page at www.facebook.co tvolimoerial By remaining in lhe room, you are giving permission to be recorded.
Public Comments: Members of the public who wish to speak are encouraged to fill out a Speaker Slip and submit it to the City Clerk before the start of the meeting. Public comments are limited to 3 minutes.
Comments may also be submitted by email to CitvClerk(rDimoerial.ca. eov no later than 5:00 p.m., the day of the meeting.
Americans with Disabilities Act: Requests for special assistance to participate in the meeting, please contact the City Clerk's Office by calling (760) 355-5303 or emailing [email protected].
Notification of 48 hours before the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA title II].
All documents with executive summaries and staff recommendations for open session action items are available on the City's website 72 hours before the meeting www.https://cityofimperial.org/cc-agendaarchive. Supplemental writings distributed to the City Council within 72 hours of the meeting will also be posted online. Written materials shared during the meeting will be available there if prepared by the city or afterward ifprepared by others. These materials can be obtained from the City Clerk's Office. 6:00 P.M. CLOSED SESSION
CALL TO ORDER: The meeting was called to order at 6:09 p.m ROLL CALL: Council Mernbers Amparano, Bumworth, Mendoza, City Manager Morita, Assistant to the City Manager Garcia, and Attorney Tuner' Mayor Pro Tem Obeso-Martinez arrived at 6:1 8 p.m.
Page I of6
City of lmpeial Council Mi4ttes
October 15,2025
ABSENT: Mavor Tucker
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY:
Public comment received by Flavio Grijalva regarding Teamsters 542 Public comment received by Andrew Rauch regarding property.
CONFERENCE WITH LEGAL COUNSEL:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION G.C S54956.9 (d)(2) Novalk, LLC v. City of Imperial et. al, United States District Court for the Southem District of Califomia, 25CV2307 BAS DDL and Haller v. City of Imperial, Imperial County Superior Court Case No. ECU003506.
CONFERENCE WITH LEGAL COUNSEL. ANTICIPATED LITIGATION
Significant Exposure of Litigation - G.C $54956.9 (dX2) Number of Potential Cases: I
CoNFERENCE WrrH LABOR NEGOTIATORS - G.C.S 54957.6
Agency Representatives: City Manager
Employee Organization: Imperial Police Officers Association, Teamsters Local 542 & Employee Organization Managernent Supervisory, Professional, Confidential, and Police Captainfunrepresented CALL TO ORDER: Mayor Pro Tem Obeso-Martinez called the meeting to order at 7:14 p.m ROLL CALL: Council Members Amparano, Bumworth, Mendoza, and Mayor Pro Tem ObesoMartinez.
ABSENT: Mayor Tucker
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Parker Bumworth.
ADJUST!4ENI$ TA lHl AGENDA: City Manager Dennis H. Morita asked to table Item C-1 to a future meeting.
CITY ATTORNEY REPORT ON CLOSED SESSION: The City Attomey, Tumer, stated that direction was given to the council on Existing Litigation and Anticipated Litigation. There was no discussion of Labor Negotiators.
PtIBLIC COMMENT: Thcre u,erc nonc.
Mayor Pro Tem Obeso-Martinez presented the proclamation for National 4-H Week Ql project status and updates by Alejandro Estrada, DoIt Director.
Five-Year CIP Budget Update by Victor Manriquez, Finance Director.
Cit1, oflmperial Council Minutes
October 15. 2025
A-1.
A,-2.
A-3.
7:00 P.Nl. REGULAR )IEETING
A. PRESENTATIONS:
Moved by Amparano, seconded by Burnworth, to approve the Consent Agenda and pulling Warrant Numbers l28ll0, 128131, 128149, and 128156.
AYES: Amparano,Burnworth,Mendoza,Obeso-Martinez
NOES: None
ABSTAIN: None
ABSENT: Tucker
MOTION CARRIES:4-0
B-1.
B-2.
B-3.
B-4.
B-5.
Approval of Warrants Report.
Approval of City Council Minutes for Regular Meeting of September 17,2025.
Approval of a three-year renewal with Microsoft Enterprise agreement.
Adopt Resolution No. 2025-52 accepting grant funding fiom the Office of Traffic Safety.
Authorization to reject claim CW File Number CJP-3055057 as recommended by Carl Warren & Company.
Moved by Burnworth, seconded by Amparano, to approve Warrant Number Martinez.
AYES: Amparano, Bumworth, Mendoza
NOES: None
ABSTAIN: Obeso-Martinez
ABSENT: Tucker
MOTION CARRIES:3-0-1
l28l 10 for ObesoPage 3 of6
Citl' of lmpeial Council Minutes
Ocrober 15,2025
Moved by Amparano, seconded by Mendoza, to approve Wanant Number 128 1 3 I for Burnworth.
AYES: Amparano, Mendoza, Obeso-Martinez
NOES: None
ABSTAIN: Bumworth
ABSENT: Tucker
MOTION CARRIES:3-0-1
Moved by Burnworth, seconded by Mendozq to approve warrant Number 128149 for Amparano.
AYES: Bumworth,Mendoza,Obeso-Martinez
NOES: None
ABSTAIN: Amparano
ABSENT: Tucker
MOTION CARRIES:3-0-1
Moved by Burnworth, seconded by Amparano, to approve Warrant Number 128156 for Mendoza.
AYES: Amparano, Bumworth, Obeso-Martinez
NOES: None
ABSTAIN: Mendoza
ABSENT: Tucker
MOTION CARRIES:3-0-l
B. CONSENT AGENDA:
C. ACTION ITEMS (DISCUSSION/ACTION):
C-2, Appoint a City Representative and Altemate to the County of lmperial Airport Land Use Commission (ALUC).
Presenter: Dennis H. Morita, City Manager
Recommendation: Appoint a city representative and altemate to the Imperial Airport Land Use Commission.
Moved by Mendoza, seconded by Amparano, to approve and appoint Yvonne Cordero as a city representative and Tommy Garcia as an alternate to the lmperial Airport Land Use Commission.
AYES: Amparano,Bumworth,Mendoza,Obeso-Martinez
NOES: None
ABSTAIN: None
ABSENT: Tucker
MOTION CARRIES:4-0
Presenter: Tony Lopez, Parks & Recreation Director
No action, discussion only.
C-4, Approve and adopt the Code of Conduct and Ethics Policy for the City of Imperial.
Presenter: Kristen Smith, Human Resources & Risk Management Director Recommendation: Approve and adopt the Code ofConduct and Ethics Policy for the City of Imperial.
Moved by Burnworth, seconded by Amparano, to approve and adopt the Code ofConduct and Ethics Policy for the City of Imperial.
AYES: Amparano,Bumworth,Mendoza,Obeso-Martinez
NOES: None
ABSTAIN: None
ABSENT: Tucker
MOTION CARRIES:4-0
C-5. Approve the implementation of classification study recommendations for reclassifications, title changes, and new and updated job descriptions for the Teamsters Employees.
Presenter: Dennis H. Morita, City Manager
Recommendation: Approve and implement the recommendations of the classification study as outlined to include reclassifications, title changes, and new and updated job descriptions for all positions within Teamsters and update the city salary schedule to reflect these changes.
City of Imperial Council Minutes
October 15,2025
*C-1. Tabled to a future meeting - Appoint two (2) scheduled vacancies to the Library Board of Trustees to fill a three-year term.
C-3. Discussion regarding City of Imperial Summer Recreation Program Scheduling for 2026.
Moved by Burnworth, seconded by Mendozq to approve and implement the recommendations of the classification study as outlined to include reclassifications, title changes, and new and updated job descriptions for all positions within Teamsters and update the city salary schedule to reflect these changes.
AYES: Bumworth, Mendoza, Obeso-Martinez
NOES: None
ABSTAIN: Amparano
ABSENT: Tucker
MOTION CARRIES:3-0*l
C-6. Approve the Side Letter of Agreement by and between the City of Imperial and Teamsters Local Union 542
Presenter: Dennis H. Morita, City Manager
Recommendation: Approve the Side Letter of Ageement by and between the City of Imperial and Teamsters Local Union 542 and afihoize the City Manager to execute the agreement on behalf ofthe city.
Moved by Mendoza, seconded by Burnworth, to approve the Side Letter of Agreement by and between the City of lmperial and Teamsters Local Union 542 urd authorize the City Manager to execute the agreement on behalfofthe city.
AYES: Bumworth, Mendoza, Obeso-Martinez
NOES: None
ABSTAIN: Amparano
ABSENT: Tucker
MOTION CARRIES:3-0-1
C-7. Approve Resolution No. 2025-50, establishing employee benefits for MSPC Unrepresented Employees ofthe City of Imperial to incorporate new classification titles.
Presenter: Kristen Smith, Human Resources and Risk Management Director Recommendation: Approve Resolution No. 2025-50, establishing employee benefits for MSPC Unrepresented Employees of the City of Imperial to incorporate new classification titles.
Moved by Burnworth, seconded by Mendoza, to approve Resolution No. 2025-50 AYES: Bumworth, Mendoza, Obeso-Martinez
NOES: None
ABSTAIN: Amparano
ABSENT: Tucker
MOTION CARRIES: 3-0-1
D. RE,PORTS:
Departments reported on their activities since the last city council meeting.
City Manager Report: None
The mayor and council members have reported on their activities since the last city council Meeting and upcoming events.
City oflmpeiol Council Minutes
October 15,2025
D-I.
D-2.
D-3.
ADJOURNMENT:
Seeing no further business before the Council, Mayor Pro Tem Obeso-Martinez ended this meeting and adjoumed it back into closed session until 9:30 p.m., the next council meeting being on November 5, 2025, at 7:00 p.m.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the city of Imperial, Califomia, this 5th day of November 2025.
KRISTINA SHIELDS
City Clerk
City q ntperial Council Minutes
October 15, 2025
DATE SUBMITTED
SUBMITTED BY
DATE ACTION REQUIRED
R, ALE]ANDRO ESTRADA
Agenda ltem No. b-3
COUNCIL ACTION
PUBLIC HEARING REQUIRED
RESOLUTION
ORDINANCE IST READINC
oRDINANCE 2no READTNG
CITY CLERK'S INITIALS
to/29/2025 (X)
11/s/2s
IMPERJAL CITY COUNCIL
AGENDA ITEM
SUBJECT: DISCUSSION/ACTION:
l. Approve and adopt the Acceptable Use Policy
DEPARTMENT INVoLVED: DEPARTMENT OF INNOVATION & TECHNOLOGY FISCAL IMPACT:
There is no fiscal impact associated with this action.
FINANCE
INITIALS
STAFF RECOMMENDATION:
Recommendation to approve and adopt the Acceptable Use Policy DEPT. INITIALS
MANAGER'S RECOMMENDATION
A-fp/,<.1/9-
CITY
MANAGER's
INITIALS
MOTION
SECONDED:
AYES:
NAYES:
ABSENT:
APPROVED 0
DISAPPROVED O
REJECTED
DEFERRED
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BACKGROUND/SUMMARY:
The City of Imperial Department of Innovation & Technology (DoIT) intentions for pubiishing an Acceptable Use Policy are not to impose restrictions that are contrary to the City's established culture of openness, trust, and integrity. DoIT is committed to protecting the City of Imperial's employees, partners, and the City from illegal or damaging actions by individuals, either knowingly or unknowingly.
Adequate security is a team effort that involves the participation and support of every City employee and affalaate who handles information and information systems. It is the responsibility of every computer user to be aware of these guidelines and to conduct their activities accordingly. uN^(
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POLICY NAME:
Acceptable Use Policy
AUTHORITY:
City of lmperial
APPLICATION:
All Employees
DATE APPROVED:
November 5,2025
6=ttt
I
Ctyof
City of !mperia!
Department of lnnovation & Technology
Acceptable Use Policy
Adopted: 1L/O5/2025
California
Acceptable Use Policy
Department of lnnovataon & Te.hnolo8y
Emptoyee lnitidts
1, Overview
The City of lmperial Department of lnnovation & Technology's (DolT) intentions for publishing an Acceptable Use Policy are not to impose restrictions that are contrary to the City's established culture of openness, trust, and integrity. DolT is committed to protectin8 the City of lmperial's employees, partners, and the City from illegal or damaging actions by individuals, either knowingly or unknowingly.
lnte rn et/lntra n et/ Extra net-related systems, including but not limited to computer equipment, software, operating systems, storage media, network accounts providing electronic mail, WWW browsing, and FTP, are the property of the City of lmperial. These systems are intended for business purposes, serving the interests of the city and our commun ity/customers/citizens du ring normal operations.
Adequate security is a team effort that involves the participation and support of every City employee and affiliate who handles information and information systems. lt is the responsibility of every computer user to be aware of these guidelines and to conduct their activities accordingly.
2. Purpose
The purpose of this policy is to outline the acceptable use of computer equipment at the city of lmperial. These rules are in place to protect the employee and the city. lnappropriate use exposes the City to risks, including virus attacks, compromise of network systems and services, and legal issues.
3. Scope
This policy applies to the use of information, electronic, and computing devices, as well as network resources, for conducting City business or interacting with internal networks and business systems, whether owned, leased, or used by the City, its employees, or third parties. All employees at the city of lmperial are responslble for exercising good judgment regarding the appropriate use of information, electronic devices, and network resources, by City policies and standards, local laws, and regulations. Exceptions to this policy are documented in section 5.2 This policy applies to employees of the City of lmperial and all equipment owned or leased by the City.
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Depanment of lnnoration & Technology Rcv I -1025 Page I of8 btl
,
{ Acceptable Use Policy
Department of lnnovation & Te€lrElo8y
Employee tnitidts
4. Policy
4.1 General Use and Ownership
4.1.1 The City of lmperial's proprietary information stored on electronic and computing devices, whether owned or leased by the City, the employee, or a third party, remains the sole property of the City of lmperial. You must ensure, through legal or technical means, that the Data Protection Best Practices protect proprietary information.
4.1.2 You have a responsibility to promptly report the theft, loss, or unauthorized disclosure of the City of lmperial's proprietary information.
4.1.3 You may access, use, or share proprietary information only to the extent it is authorized and necessary to fulfill your assigned job duties.
4.1.4 Employees are responsible for exercising good judgment; the use of city resources for personal use is prohibited.
4.1 .5 For security and network maintenance purposes, DolT may monitor equipment, systems, and network traffic at any time.
4.1 .6 The City of lmperial reserves the right to audit networks and systems periodically to ensure compliance with this policy.
4.2 Security and Proprietary lnformation
4.2.1 All mobile and computing devices that connect to the internal network must comply with the Minimum Access Policy.
4.2.2 System-level and user-level passwords must comply with the High Encryption Password Standards.
4.2.3 Providing access or remote access to another individual, either deliberately or through failure to secure its access, is prohibited.
4.2.4 All computing devices must be secured with a password-protected screensaver with the automatic activation feature set to 20 minutes or less. You must lock the screen or log off when the device is unattended.
4.2.5 Postings by employees from a City of lmperial e-mail address to newsgroups should contain a disclaimer stating that the opinions expressed are strictly their own and not necessarily those of the City of lmperial unless the posting is made during business hours.
Department of Innovation & Technology Rev l-2025 Page 2 of8 qt
Acceptable Use Policy
Department of lnnovation & TedhobSy
Employee lnitials
4.2.6 Employees must use extreme caution when opening e-mail attachments received from unknown senders, which may contain malware. Please report any instances of potential malware by sending an email to [email protected].
4.3 Unacceptable Use
The following activities are, in general, prohibited. Employees may be exempt from these restrictions during their legitimate job responsibilities (e.g., systems administration staff may need to disable the network access of a host if it is disrupting production services).
Under no circumstances is an employee of the City of lmperial authorized to engage in any activity that is ille6al under local, state, federal, or international law while utilizing the City of lmperial-owned resources.
The lists below are by no means exhaustive, but they attempt to provide a framework for activities that fall into the category of unacceptable use.
4.3.1 System and Network Activities
The following activities are strictly prohibited, with no exceptions:
l. Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the City of lmperial.
2. Unauthorized copying of copyrighted material, including, but not limited to, diSitization and distribution of photographs from magazines, books, or other copyrighted sources, copyrighted music, and the installation of any copyrighted software for which the City of lmperial or the end user does not have an active license, is strictly prohibited.
3. Accessing data, a server, or an account for any purpose other than conducting City business, even if you have authorized access, is prohibited.
4. Exporting software, technical information, encryption software, or technology, in violation of international or regional export control laws, is illegal. The appropriate management should be consulted before exporting any material that is in question.
5. lntroduction of malicious programs anto the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.).
6. Revealing your account password to others or allowing the use ofyour account by others.
This includes family and other household members when work is being done at home. t$| f
Depanmcnt of Innovation & Technology Rcv l-2025 Page 3 of8 oiy !r
I
iD
Acceptable Use Policy
Department of lnnovation & Te.hnology
Employee lnitiols
7. Using a City computing asset to actively engage in procuring or transmitting material that is in violation of sexual harassment or hostile workplace laws in the user's local jurisdiction.
8. Making fraudulent offers of products, items, or services originating from any City account.
9. Making statements about warranty, expressly or implied, unless it is a part of regular job duties.
10. Affecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data intended for an employee's designated recipient or logging into a server or account to which the employee is not expressly authorized to access, unless these actions fall within the scope of the employee's regular duties. For purposes of this section, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes.
I 1.Port scanning or security scanning is expressly prohibited unless prior notification to DolT is made.
l2.Executing any form of network monitoring, which will intercept data not intended for the employee's host, unless this activity is a part ofthe employee's regular job/duty. l3.Circumventing user authentication or security of any host, network, or account. l4.lntroducinB honeypots, honeynets, or similar technology on the City of lmperial network.
15. lnterfering with or denying service to any user other than the employee's host (for example, denial of service attack).
l6.Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or turn off, a user's terminal session, via any means, locally or via the lnternet/lntranet/Extranet.
lT.Providing information about, or lists of, the City of lmperial employees to parties outside the city.
lS.Using a city computing asset, including mobile devices (laptops, cell phones, etc.) for personal activities or non-City business-related purposes, is prohibited. l9.Employees shall notify DolT of any proposed changes to workstation placement, configuration, or equipment before implementing said changes. At no time shall employees move, disconnect, or power off City computing assets without authorization.
20.Employees shall not install any software without prior written approval from DolT ,{
Department of Innovation & Technology Rev l -2025 Page 4 of8 Crt !a
Acceptable Use Policy
Department of lnnovation & Technology
Employee lnitiols
2l.City-issued door access codes are only to be used by the employee to whom they were issued. Under no circumstances should employees share door access codes with other employees. Please contact DolT if a replacement code is needed.
22. City-owned computing assets are to be used for city-related business purposes only. Employees are not permitted to stream content from streaming services such as Netflix, Hulu, Pandora, Spotify, and YouTube.
Depanment of Innovation & Technology Rcv l-2025 Page 5 of8 Acceptable Use Policy
Depanment of lnnovation & Tedhology
Employee lnitials
4.3.2 E-mail and Communication Activities
When using the City's resources to access and use the lnternet, users must understand that they represent the City. Whenever employees state an affiliation to the City, they must also clearly indicate that "the opinions expressed are my own and not necessarily those of the City".
Questions may be addressed to the DolT.
l. Sending unsolicited e-mail messages, including the sending of 'lunk mail" or other advertising material to individuals who did not specifically request such material (e-mail spam).
2. Any form of harassment via e-mail, telephone, or texting, whether through language, frequency, or size of messages.
3. Unauthorized use, or forging, of e-mail header information.
4. Solicitation of e-mail for any other e-mail address, otherthan that ofthe poster's account, with the intent to harass or to collect replies.
5. Creating or forwarding "chain letters", "Ponzi" or other "pyramid" schemes of any type.
6. Use of unsolicited e-mail originating from within the City of lmperial's networks of other lntern et/lntra n et/Ext ra net service providers on behalf of, or to advertise, any service hosted by the City or connected via the City's network.
7. Posting the same or similar non-business-related messages to large numbers of Usenet newsgroups (newsgroup spam).
8. The City of lmperial e-mail address shall be used for City business-related purposes only, and never configured on a personal device.
9. Political or religious objects or displays are not to be used on the city phone system or email signatu res.
10. The City of lmperial highly encourages the use of enabling GPS location on city-issued phones to ensure employee safety and responsible use of City property.
4.3.3 Blogging and Social Media
1. Blogging by employees, whether using the City of lmperial's property and systems or personal computer systems, is also subject to the terms and restrictions outlined in this policy. Limited and occasional use of the City of lmperial's systems to engage in blogging is acceptable if it is done professionally and responsibly, does not otherwise violate the City of lmperial's policy, and is not detrimental to the City of lmperial. f'!
Department of Innovation & Technology Rev | -2025 Page 6 of8 c.r d
f't Acceptable Use Policy
Department of lnnovation & Te(hnology
Employee lnitiols
3. Employees may also not attribute personal statements, opinions, or beliefs to the City of lmperial when engaged in blogging. lf an employee expresses their beliefs and/or opinions in blogs, they may not do so in a mannerthat expressly or implicitly represents themselves as an employee or representative of the City of lmperial. Employees assume any risks associated with their blogging activities.
4. Apart from following all laws about the handling and disclosure of copyrighted or exportcontrolled materials, the City's trademarks, logos, and any other City intellectual property may also not be used in connection with any blogging activity
5. Policy Compliance
5.1 Compliance Measurement
The DolT team will verify compliance with this policy through various methods, including but not limited to business tool reports, internal and external audits, and feedback to the policy owner.
5.3 Non-Compliance
An employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment.
6. Definitions and Terms
. Blogging
o Short for Weblog, a blog is a Web page that serves as a publicly accessible personal journal for an individual. Typically updated daily, blogs often reflect the author's personality. (v.) To author a Weblog. Other forms: Blogger (a person who blogs). . Honeypot
o A honeypot is a network-attached system set up as a decoy to lure cyber attackers and to detect, deflect, or study hacking attempts in order to gain unauthorized access to information systems.
. Honeynet
o A honeynet is a network set up with intentional vulnerabilities; its purpose is to invite attack so that an attacker's activities and methods can be studied and that information used to increase network security.
. Proprietarylnformation
Department of lnnovation & Tcchnology Rev 1-2025 Pagc 7 of8
5.2 Exceptions
Any exception to the policy must be approved by the DolT team in advance. f,=' Acceptable Use Policy
0rr.l D€partment of lnnovataon & T€chnoloSy
CJilorii,
Employee lnitiols
o ln the United States, CPNI (Customer Proprietary Network lnformation) is information that telecom m un ications services such as local, long-distance, and wireless telephone companies acquire about their subscribers. lt includes not only what services they use but also the amount and type of usage. a Spam
E-mail spam is not only annoying but also dangerous to users. 5o, what is e-mail spam? E-mail spam is nothing but junk e-mail or unsolicited bulk e-mails sent through the e-mail system. lt refers to the use of an email system to send unsolicited emails, especially advertising emails, to a group of recipients.
EM PLOYEE ACKNOWLEDGMENT
lf you have additional questions about this policy, please contact Human Resources before signing the following agreement.
I have read the City of lmperial's policy on the use of e-mail, network, and internet/intranet and agree to abide by it. I understand that violation of any of the above guidelines may result in discipline, up to and including termination.
User Name (Printed ) User SiBnatu re Date
o
Department of Innovation & Tcchnology Rcv l -2025 Page 8 of8 o-+
10/29/2O2s
Agenda Item No.
COUNCIL ACTION
PUBLIC HEARING REQUIRED
RESOLUTION
oRDINANCE ls'READtNG
ORDINANCE 2ND READINC
CITY CLERK'S INITIALS
DATE SUBMITTED
SUBMITTED BY
DATE ACTION REQUIRED
R. ALE]ANDRO ESTRADA
x)
Lrlsl2s
IMPERIAL CITY COUNCIL
AGENDA ITEM
SUBJECT: DISCUSSION/ACTION:
l. Approve and adopt the Mobile Device policy
DEPARTMENT INVOLVED DEPARTMENT OF INNOVATION & TECHNOLOGY BACKGROUND/SUMMARY:
It is the responsibility of the City of Imperial to implement procedures for the effective use of City-issued mobile devices, communication services, and electronic equipment to increase the City's operational efficiencies.
Mobile devices such as smartphones and tablets offer great flexibility and improved productivity for employees.
However, they can also create added risk and potential targets for data loss. As such, their use must be in alignment with appropriate standards, and encryption technology should be used when possible.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
FINANCE
INITIAI-S \5
STAFF RECOMMENDATION:
Recommendation to approve and adopt the Mobile Device policy. DEPT- INITIALS
MANAGER'S RECOMM ENDATION
A##,oll- CITY
MANAGER s
INITIALS
MOTION
SECONDED
AYESI
NAYES:
ABSENT:
APPROVED 0
DISAPPROVED O
REJECTED
DEFERRED
( )
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(
REFERRED TO
)
)
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0frr41
POLICY NAME:
Mobile Device Policy
AUTHORITY:
City of lmperial
APPLICATION:
All Employees
DATE APPROVED:
November 5,2025
6=ttt
City of Imperial
Department of lnnovation & Technology
a
California
Mobile Device Policy
Adopted: LLIO5/2025
Otyof
Mobile Devices Policy
Department of lnnovation & TachnoloSy
Crlilornir
1. Overview
It is the responsibility of the City of lmperial to implement procedures for the effective use of City-issued mobile devices, communication services, and electronic equipment to increase the City's operationa I efficiencies.
Mobile devices such as smartphones and tablets offer great flexibility and improved productivity for employees. However, they can also create added risk and potential targets for data loss. As such, their use must be in alignment with appropriate standards, and encryption technology should be used when possible.
2. Purpose
This document outlines the Department of lnnovation and Technology's (DolT) requirements for City of lmperial employees working outside of an office setting.
3. Scope
This policy applies to any mobile device or endpoint computer issued by the City of lmperial that contains stored data owned bythe City. e.g., email, text, videos, and photos.
4. Policy
All employees shall assist in protecting devices issued by the City of lmperial and in storing City of lmperial data. Mobile devices are defined to include desktop systems in a telework environment, as well as laptops, PDAS, and cell phones.
Users are expressly forbidden from storing City of lmperial data on devices that are not issued by the City of lmperial, such as storing the City of lmperial email on a personal cell phone, persona I laptop, or PDA.
4.1 Anti-Virus, Windows Defender
City of lmperial will issue devices with Windows Defender and Endpoint security installed.
Employees are to notify the DolT immediately if they see error messages for these products.
Devices must not be connected to a PC that lacks up-to-date and enabled anti-malware protection or does not comply with City of lmperial policy.
Depanment of Innovation & Technology Rcv l-2025 Page I
Mobile Devices Policy
Department of lnnovation & TechnoloBy
4.2 Mobile Device Modifications
Staff shall not modify the configuration without written authorization from the DolT. Devices must not be "jailbroken" or "rooted" or have any software firmware installed that is designed to gain access to functionality not intended to be exposed to the user.
4.3 Applications
Applications that DolT does not approve are not to be used within the workplace or in conjunction with corporate data. Users must not load pirated software or illegal content onto their devices.
4.4 Keys
All encryption keys and passphrases must meet the complex requirements described in the City of lmperial's AUP.
4.5 General Care
Devices that malfunction or are damaged must be reported to the DolT. The City will be responsible for repairing tablets or phones that malfunction.
4.6 Loss and Theft
4.7 Driving
Employees are prohibited from holding a device in their hands while driving. Phones or other devices used for navigation or other necessary functions must be securely mounted in the vehicle A mobile telephone shall never be used under any circumstances to text, receive, or place calls, surf the web, email, instant message, use any type of Apps, or take pictures or videos while driving a vehicle. Employees may place or receive calls only using an approved hands-free device, as permitted by applicable laws. Employees who are charged with traffic violations resulting from the use of their city-issued mobile devices while driving will be solely responsible for all liabilities, including any fines, penalties, or any actions taken by law that result from such violation. fn
Depanmcnt of lnnovation & Technology Rcv l-2025 Page 2
ory or
The loss or theft of any mobile device containing the City of lmperial's data must be reported immediately.
Mobile Devices Policy
Department of lnnovation & Technology
The DolT team will verify compliance with this policy through various methods, including but not limited to business tool reports, internal and external audits, and feedback to the policy owner.
5.2 Exceptions
Any exception to the policy must be approved by the Department of lnnovation & Technology and the City Manager's Office in advance.
5.3 Non-Compliance
The City reserves the right to inspect any files stored on mobile devices to ensure compliance with this policy. lndividuals do not have any personal privacy right in any information created, received, stored in, or sent from any City-issued mobile device. Any data stored or recorded by a city-issued mobile device is the sole property of the city. An employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment.
EMPLOYEE ACKNOWLEDGMENT
lf you have additional questions about this policy, please contact Human Resources and/or DolT before signing the following agreement.
I have read the City of lmperial's policy on the use of mobile devices and agree to abide by it. I understand that violation of any ofthe above policies may result in discipline, up to and including termination.
User Name (Printed) User Sign atu re
{n
Depanment of lnnovation & Technology Rcv l-2025
D ate
Atf.r
5. Policy Compliance
5.1 Compliance Measurement
ro/29/2025
Agenda Item No.
COUNCIL ACTION
PUBLIC HEARING REQUIRED
RESOLUTION
ORDINANCE IST READING
ORDINANCE 2ND READINC
CIry CLERK'S INITIALS
DATE SUBMITTED
SUBMIT-TED BY
DATE ACTION REQUIRED
R. ALEJANDRO ESTRADA
(x)
1t/sl2s
IMPERIAL CITY COUNCIL
AGENDA ITEM
SUBJECT: DISCUSSION/ACTION:
l. Approve and adopt the Bring Your Own Device Policy
DEPARTMENT lNVol-vED: DEPARTMENT OF INNOVATION & TECHNOLOGY BACKGROUND/SUMMARY:
The City of Imperial Department of Innovation & Technology's (DoIT) intentions for publishing a Bring Your Own Device Policy are not to impose restrictions that are contrary to the City's established culture of openness, trust, and inteqrity. DoIT is committed to protecting the City's assets while providing a secure and effective method of conducting City business.
FISCAI- IMPACT:
There is no fiscal impact associated with this action.
FINANCE
INITIALS v 1.1
STAFF RECOMMENDATION:
Recommendation to approve and adopt the Bring Your Own Device Policy.
DEPT, INITIALS
MANACER'S RECOMM ENDATION
q-p/'@L
CITY
MANAGER's
INITIALS 0\fi44
MOTION
SECONDED:
AYES:
NAYES:
ABSENT:
APPROVED O
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REJECTED
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A Bring Your Own Device (BYOD) Policy enables approved employees to access their City of Imperial email account using an approved personal mobile device in lieu of a department-issued phone.
POLICY NAME:
Bring Your Own Device
AUTHORITY:
City of lmperial
APPLICATION:
All Employees
DATE APPROVED:
November 5,2025
a
Otyof
California
City of Imperial
Department of lnnovation & Technology
Bring Your Own Device (BYOD) Policy
Adopted: LLlOsl212s
lI fn Bring Your Own Device Policy
Department of lnnovation & Technology
1. Overview
The City of lmperial Department of lnnovation & Technology's (DolT) intentions for publishing a Bring Your Own Device Policy are not to impose restrictions that are contrary to the city's established culture of openness, trust, and integrity. DolT is committed to protecting the City's assets while providing a secure and effective method of conductinB City business.
A Ering Your Own Device (BYOD) Policy enables approved employees to access their City of lmperial email account using an approved personal mobile device in lieu of a department-issued phone.
This policy is not intended to replace the current City Cellular Phone Policy dated August 17, 2011, nor the Mobile Devices Policy dated L2/75/2O2L.
2. Purpose
This policy outlines the acceptable use, security requirements, and responsibilities associated with using personal mobile devices (e.g., smartphones, tablets, laptops) to access City of lmperial government networks, applications, and data.
3. Scope
This policy applies to all employees, elected officials, contractors, and third-party vendors who access or use City of lmperial government data or systems on their personally owned devices.
4. Definitions
r BYOD: "Bring Your Own Device" refers to using personally owned computing devices to access government resources
o Device: A personally owned smartphone, tablet, laptop, or other mobile computing device.
5. Eligibility
Employees and contractors may be eligible for BYOD participation. Final approval rests with the Department of lnnovation & Technology Director.
Dcpanment of lnnovation & Technology Rev l-2025 Pagc I of3 et!r
c,
Bring Your Own Device Policy
Department of lnnovation & Technology
5. Security Requirements
All BYOD participants must adhere to the following guidelines:
r Use a strong device passcode and enable device encryption . Report lost or stolen devices immediately
r Allow remote wipe of City of lmperial data in case of loss, separation from employment, or compromise.
. Do not store sensitive or confidential City data on personal devices unless explicitly authorized.
7. Access Control
o Devices may only access City of lmperial systems and network via secure VPN, or other approved tools.
. Access rights may be revoked at any time based on security risk or administrative discretion.
8. lT Support Limitations
. lT support will be lim ited to ensu ring secure access to the City of lmperia I network. r lT will not provide full support for personal apps or non-City-related issues on BYOD devices.
9. UserResponsibilities
Users must:
. Maintain compliance with all security configurations. o Notifv lT of any security incidents or potential data breaches o Understand that City of lmperial data on personal devices remains subject to public records laws and may be discoverable under FOIA or similar statutes.
10. Data Ownership and Privacy
. City of lmperial retains ownership of all government data. o The user understands that personal data may be visible during troubleshooting or audits.
. Users waive expectation of privacy on govern ment-related activity conducted via BYOD devices.
Department of lnnovation & Tcchnology Rev l-2025 Page 2 of3 ia: t:,
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Bring Your Own Device Policy
Department of lnnovation & Technolo8y
12. App Restrictions
o The installation of unapproved applications that access or store City of lmperial data is prohibited. Only applications vetted and approved by the DolT department may be used for business-related purposes on BYOD devices.
13. Public Records Compliance
o All communications, documents, and data related to City of lmperial business on BYOD devices are subject to applicable public records laws. Users must comply with requests for records and understand that personal devices may be subject to legal discovery if used for business-related purposes.
15. Acknowledgment
. All participants must sign a BYOD A8reement Form before being granted access to City of lmperial systems or data using a personal device
EMPLOYEE ACKNOWLEDGMENT
lf you have additional questions about this policy, please contact Human Resources before signing the following agreement.
I have read the City of lmperial's policy on the use of e-mail, network, and internet/intranet and agree to abide by it. I understand that violation of any of the above policies may result in discipline, up to and including termination.
User Name (Printed ) User Signature
Depanment of lnnovation & Technology Rev I-2025
Date
14d
Crlilornir
11. Reimbursement
o The City of lmperial is not liable for data or messaging charges while conducting City business.
14. Violations
o Non-compliance with this policy may result in disciplinary action, including revocation of BYOD privileges.
SUBMITTI]D BY
DA'I-E ACl'ION RF,QI]IRED
t0/24/25
Parks and
Recreation
I I /5/25
IMPERIAL CITY COT]NCIL
AGENDA ITEM
Agenda Item
No.
COT]NCIL ACI'ION
PI]BI,IC HEARINC
RF]QtJIREI)
RESoLI.JTIoN
ORDINANCE ITT READING
oRDINANCE 2ND READINC
CITY Ct-ERK'S INITIALS
(x) ()
I. ACCEPT THE PROJECT AS COMPLETE
r, AUTHORIZE THE RELEASE OF THE 5% RETENTION AND FILINC OF THE NOTICE OF COMPT,ETION WITH THE COL]NTY
RECORDER'S OFFICE
DEPAR lMllNT INVol.Vlll): PARKS AND RECREATION
SIJBJEC'I DISCT ] SSION/ACTION
BACKGROUND/SUMMARY:
In 2023. the Parks and Recreation Department was awarded the Statewide Healthy Play & Education Funding lnitiative. This Initiative provided firry- (50) percenl matching funds for the purchase ofthe allinclusive playground and fitness equipment. Zasueta Contracting was awarded a bid of $396,730.00 to build the playground and fitness equipment. add flooring. new sidewalks installtwo (2) shade structures and install solar lighting. On August 21, 2025, a change order was approved in the amount of $3,154-00 to fill some of the shade structures' footings with gravel due lo the water table. The ciry' has done its final walkthrough, and this project was deemed complete.
Construction cost total: $399.884.00
Please see attached completion letter and project photos I
|" i
FINANCE
INITIALS
STAF F RECOMMENDATION: It is the department's
recommendalion lor City Council to accept the project as complete and authorize staff to release 5%o retention and file the notice of completion \\ ith the Counry- Recorder's Office.
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MANACER S
INITIALS
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IN ITIALS
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FlSCAt. IMPACT: $399.884.00 LIGHTING DISTRICT FLINDS
Zasueta ontracting lnc.
zeoflwo tAFa rLlf t*ca
s/16/2025
Anthony Lopez,
Director of Parks & Recreation
City of Imperial
420 S. Imperial Ave.,
Imperial, CA 92251
To Whom It May Concern,
This is to certify that Zasueta Contracting Inc has successfully completed the requirements for the project Dep. Anthony Redondo Memorial Park for the CiW of Imperial.
We appreciate vour business.
/L-hAndrew Zasueta
President
Zasueta Contracting Inc.
Redondo Pork Ployground
Project
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DATE SUBMITTED
SUBMITTF-D BY
DATE ACTION REQUIRED
Il)licc I)cpannrcnl
I l/05/25
IMPERIAL CITY COUNCIL
AGENDA TTEM
Agenda Item No. D-1
COUNCIL ACTION
PUBLIC HEARINC REQTJIRED
RESOI,UlION
ORDINANCE IST RDADING
ORDINANCE 2NO READING
CITY CLERK'S INITIALS
x
DISCUSSION/ACTION: Approval to purchase one 2025 GMC Sierra Pickup from Imperial Valley Chevrolet
DI.]PAR1 MI]N'I INVOLVDD
Police Deparlmcnt
BACKGROLIND/SUMMARY:
The Imperial Police Department is in the process ofdeveloping a dedicated Crime Scene Investigations (CSI) function to better respond to and manage evidence collection at major c me scenes. Atthistime, the department does not have a designated vehicle equipped for this purpose.
Recently, one ofthe department's unmarked Ford Fusion vehicles sustained significant damage after being struck by another vehicle. The insurance carrier has determined the vehicle to be a total loss. This provides an opportunity to replace the damaged vehicle with one that better aligns with the department's operational needs.
The proposed 2025 GMC Sierra offers the necessary space, payload capacity, and versatility required for transporting evidence collection equipment, crime scene tools, and supplies to and liom major incidents.
To identify the most cost-effective replacement. the Police Department obtained three quotes for vehicles suitable for CSI operations. lmperial Valley ChevroJet provided the lowest quote for a 2025 CMC Sierra. making it the most financially advantageous option for the City.
FISCAL IMPACT: The cost of the 2025 GMC Sierra is $44,345.16. lnsurance proceeds from the totaled Ford Fusion are expected to offset a portion ofthis cost. Any additional expenses will be covered by the Police Department's current vehicle replacement allocation.
FINANCE
INIIIAI-S rlt ^5
STAFF RECOMMENDATION: Approvc
DEPT, INITIAI,S l{'r
MAN AGI.]R'S R I.]COM M EN DATION CITY
MANAGER's a#pA^t- INITIAI-S 't*,/t
MO f ION
APPROVED 0
DISAPPROVF,I] 0
(
(
REFI]RRED TO
REJECTED
DET'ERREI)
to/29t25
sl:l].lF.c I :
)
)
SDCONDED:
AYES:
NAYES:
ABSENT:
602 Wake Ave, El Centro, CA 92243
2025 GMC Siena 1500 Doublc Cab RWD plckupsrock#c3ess7
IMPERIAL VALLEY EHEV|iIOLET GiME
Priclng D.tllll
MSRP
Buick & GMC Consumer Cash program
GM Bonus Cash
Dealer Dismunt
Price
TotalSavings
$43,230
- $2,750
- $1,7s0
- $s,000
$33,730
$9,500
lntgrlor Color
Seating Capaclty
Extarlor Color Doscdpuon
Engine Cylindar Count
Transmission Type
Fu€l Type
Engino Modal
Englne Size (L)
Brake Type
MPG City/Hwy
Black
Whits
4 Automatic
Gasoline
L3B
2.7 Hydraulic
18121
I
Cha$13 Detalls
Stoc* Number
Stock Type
Year
Make
Model
Class
Drivetrain
Cab Type
Vehicle Trim
Vehicle VIN
Body Dotalls
Body Type
G38557
Nsw
2025
GMC
Siena 1500
2 RWD
Double
Pro
1GTRHAEK8SZ336557
Pickup
-
VGhicle Optlons
4wheel Disc Brakes
Appls CarF laylAndroid Auto
Emergency mmmunication systom: Onstar
Auto High-beam Headlights
Font Conter Armrest UStorag6
Comp€ss
Varlably interm ittent wipers
Trlp sompute[
Tracfion consol
Tilt stsering wh6el
Split folding rear seat
Spe6d-sensing st6ering
Speed control
Rsmote keyless entry
Rear stsp bumper
Rear reading lights
Radio data system
Power wlndows
Power steering
Passsnger vanity minor
Passengsr door bin
Panic alarm
Overhead console
Overhead airbag
Outside temporature display
Occupanl sensing aiftag
Low tirs pressur€ waming
llluminated 6ntry
Fully eutomatc hsadlights
Front whool lnd6pendent suBpenElon
Fmnt reading lights
Front antl-roll bar
Dual front side impact airbags
Dual front impact airbags
Preferred Equipment croup 1SA
3.42 Rear Axle Ratio
Wh€els: 17" x I' Sllver painted Stesl
Fmnt 40i20/40 Sptit-BBnch S6at
Vinyl Seat Trim
Standard Suspension Package
Convenience Package
Pro Value Packags
Radio: GMC lnfotainment Audio System
Deleted Mobile Service Plus
Front License Plate Kit
LED Cargo Area Llghting
TIailering Package
220 Amp Altemator
Electric Rear-Window Defogger
DeeFTinted Glass
Front Frame-Mounted Black Ro6very Hooks
EZ Lift Power Lock & Rslease Tai[ale
4-Way Manual Drivsr Seat Adjuster
4-Way Manual Passsnger Seat Adjustar
Power Front Wndows Mpassenger Express Down
Power Rear Wndows WExpress Oown
Solar Absorbing Tinted Glass
Remote Keyless Entry
Power Door Locks
Power Front Windows UDriver Express Up/Down
Push Button Start
Hitch cuidance
Heated Powor-AdJustable Outslde Mlrrcl's
Chrome Header MFlat Black Gri116 lnserl Bars
GMC Pro Safaty
Wroloss Appl6 CarPlayMirelass Android Auto
Buckle to Drive
lntelliBeam Automatic High Beam On/Ofi
2 Charge/Data USB Ports
Onstar Servicas Capable
Following Dlstance lndicator
FoMard Collision Alert
Lane KBep Assist w/lane Departure Waming
Automatic Emergency Braking
Front Pedestrisn Braking
6-5peaker Audio System Feature
HD Rear Vision Camera
Wi-Fi Hotspot Capable
V6hlcle Notss
Driver door bin
D6lay-off headlghts
Bumpers: chrome
BIake assist
AM/FM radio
ABS brakes
Voltmeter
Tachometer
Elec{ronic Stability Control
Air Condltionlng
6 Speakers
hlsrS ghuoTat
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scores 21 Highwsv MPG and 18 city MPGI This GMc Sierra 15oo detivers a Turbochargsd Gas 14 2.7U engine powerins this Automatic transmission. wHEEL,s, 17 x I (43.2 cM x 20.3 CM) perrureo sieeL- srwih, TRANSMTSSTON, 8-SpEED AUTOMATTC, (COLUMN Sirrrenl er_icrnor.ircar_r_v corirnoLG;,- ' TRAILERING PACKAGE.
This GMC Slerra 150O Features the Followlng Options
PRO VALUE PACKAGE, CONVENTENCE PACKAGE , TIRE, SPARE 255/70R17 ALL-SEASON, BLACKWALL, TAILGATE, GATE FUNCTION IIIANUAL WITH EZ LIFT, SUMMIT WHITE, SEATS, PNOrur +OIZb7+O iPirr. BEN.H, RECovERy HooKS, FRgNl.f!4yE_r/ouNrED, BLAoK, REARAXLi, g.+i RAiio, pio - PREFERRED EAUIPMENT GROUP, MIRRORS, OUTSIDE NCNTEOPOWCA-ADJUSTABLE. ?irA[3!T*, $1750 - GM Bonus Cash. Exp.lllost2ols gZ7S0 _ Buick & GMC Consumer Cash prosram. Exp. 8 33,'l7o.oo
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IMPERI,AL VALLEY CHEVROLET GMC
602 WAKE AVENUE
EL CENTRO, CA S22€
Phone: 760"182-0525
Frx: 750-182-3213
lGrBHiEl€sar3655,
ModelY6ar: 2025
Make: cMC
Model: 1500 Slerra
TC't0753.Doublc C!b Standard Box, 2WD
PEG: l SA.PRO
Primary Color: cAZ€ummtt Whire
Trim: HIT-1SA{loth, Jet Btack, lnterior Trim
Engine: L3B€nglne: TurboMax High Output
Transmlssion: MFC-8.Spoed Automafi c
Evcnt Codoi 5000ocllvcrcd to DealGr
Order #i FGNQWR
MSRP: $43,230.00
Ord.r Type: TRE-Rstail Stock
Stock #: c36557
lnventory Status: Avlilable
AdditionalVehicle lnformation
'l SZ-Option Package Oiscount
PEB-PRO Value package
V76-Recovery Hooks
I\4SRP
-$1,8s0.00
$1,235.00
550.00
Chargeablo Options
C5U-GVW Rrtlng 6800 Lbs
Gu6-Rear Axle: 3.42 Ratio
L3B€nginE; TurbqMax High Output
MFC4.speEd Autom. c
RD6.Whesls: 17" St6el . patnted S[v6r
YF5-Callfornla Emlsslons
Vehicle Locator
No Cost Options
Other Options
lSA.PRO
65C-California Prsp 65 Labet
AQQ-KeylesE Remote Entry
AVI{ESTRAINT PROVISIONS ADJUSTABLE
GUIDE LOOP
BGg.Floor Coveringi Rubbsrizsd Vinyt, Black
C49-Defoggor, Rqar wlndow Eloctric
E83.Body: Plqk.Up Bcd
OAZ-Summlt Whlte
IOR.GMC lnfot!lnment System
l(V1,5d,ltern rtor, 220 AMp
NO6.STEERING COLUMN LOCK ELECTRICAL
PCl4onvenience Package
QBN.Tires: 255170 R1Z Alt Season, Blackwall
OK1-Standard Tallgate
R9W.Mobi16 Service plus Delete
SAF-Lock, Spare Tire
TQ5-Headlamps, lnt6llibeam
UE4.Following Dlstance lndicator
UF2.Lighting, Cargo Box, LED
UHY-Automatic Em6rgency Braking
l,JVB.Roar Vislon Camgra, HD
VJH.Bumpsr, Rctr, chromc Stop
Wl"4G LTE Wl-Fl Hotspot cap8ble
WMZ.VIN MODEL YEAR 2025
ZES.Suepenslon Package
ZL3.SALES PACKAGE CONVENIENCE
4AA.lnterior Trim, Jet tstack
AKO-Do6p Tlnted Glass
AU3.Powgr Doot Lock6
Az3€eat6: Front 4ol20l40 Spllt-B€nch, FuI Featurc
BTM.Xsyloss Strrt
DLF.llrlrront O/Sr Pow.r, Hart.d
EFT.COUNTRY UNITED STATES OF AMERICA (usA)
HlT.lSA-Cloth, Jot Bhck, lni.rlor Trtm
KS4.Crulse Control
MAH.MARXETING AREA U9, PUERTO
NKD-Englne Sound Enhancoment
PDI€MC Pro Satety
QERdre, Sparc: 2S5r0 Rl7 A[ Season,
QT5-Tallgate Funcflon-Manual wi Asstst, pwr
RFQ-Focused Ordorlng Coofl guration
SLM-Sales Stock Orders
UEl4nstar Communicafl on System
UEIJ-Sensor, Forward Colllslon Alert
UHX.Lane Keep AssisuDeparture Warning
UKJSensor, Front pedestrian Braking
V46.Bumper, Front, Chrome
VK3.Front Llcenss plate Mounflng provkions
WM|-Acro ShufteB, front g.l e
282-Trallerlng Pack!ge
z88-Nrmcplrt - GMC
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(t!\s?b) $46Tftx
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RICHARD ALLEN BAILEY
Fleet & Commercial Manager
602 Wake Avenue
EtCentro, CA92243
Direct: 760-335-3339
Business: 7 60-482-0525
Mobite; 760-427-29st
Faxr. 760-352-4048
rbailey(Oivauto.com
ivgm.com
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FonU .KlA. [.[aarOA
IMPERIAL VALLEY
CHET.TII'LET EiME
DATE SUBMITTED
SUBMITTED BY
DATE ACTION REQUIRED
tot29t25
IMPERIAL CITY COUNCIL
AGENDA ITEM
Agenda ltem No. P
cotNc[. ACI]ON (X)
PUBLIC HEARING REQUIRED 0
RESOLUTION 0
ORDINANCE IST READING ()
ORDINANCE 2NO READINC 0
CITY CLERK'S INITIALS O
bSUBJECT DISCUSSION/ACTION:
Approve Advanced Water Treatment Specialists to provide Cross-Connection Control Program (CCCP) Coordination Services for the City of Imperial for a two month term.
BACKGROUND/SUMMARY
Advanced Water Treatment Specialists, led by Mr. Ricardo Arguellez, has submitted a proposal to provide Cross-Connection Control Program (CCCP) Coordination Services for the City of lmperial over a twomonth term. These services are essential to maintaining compliance with the State Water Resources Control Board's Cross-Connection Control Policy Handbook and protecting the integity ofthe City's public water system. Under the proposed scope. Advanced Water Treatment Specialists will:
o Oversee all aspects ofthe CCCP to ensure regulatory compliance . Manage documentation, testing records, and inventory tracking o Coordinate with certified testers, property owners, and contractors . Respond to contamination emergencies
. Serve as the primary CCCP contact for staff and agencies The proposed compensation includes a monthly fee of$2,500 for up to l6 hours of onsite support, with additional onsite hours billed at $50/hour. Remote support is also included.
With nearly a decade of experience in water and wastewater operations-including prior service to the City of Imperial-Mr. Arguellez brings expertise and familiarity with the City's infrastructure and regulatory requirements.
FISCAL IMPACT:
$5,000 (2 months) with additional onsite hours billed at $50/hr. if neededFunds will be expended from water and water distribution funds
FINANCE
TNITIALS vl'5
STAFF RECOMMENDATION
Approve services DEPT.
IN ITIALS
MANAGER'S RECOMMENDATION
q4ywN- 4x"n
MOTION:
APPROVED
DISAPPROVED
REJECTED
DEFERRED
PUBLIC SERVICES
I t/05/25
CITY
M
MANAGER's
INITIALS
o
o
SECONDED:
AYES:
NAYES:
ABSENT: REFERRED TO:
o
o
Proposal: Cross-Connection Control Program Coordination Services Submitted to: City of Imperial
Submifted by: Ricardo Arguellez
Term: Two (2) Months
Datez l0l9/25
Dear David,
Thank you for the continued opportunity to serve the City of Imperial. It has been a privilege to lead and administer the City's Cross-Connection Control Program (CCCP), and I am proud of the progress we have made in maintaining regulatory compliance and protecting the public water system.
Maintain and oversee att aspects of the Cross-Connection Control Program to ensure fult comptiance with state and [ocat regutations.
Review, update. and manage all program documentation, including testing records, notices, and inventory tracking.
Coordinate with certified backflow testers, property owners, and contractors to ensure timely compliance and testing.
Respond to suspected cross-connection contamination emergencies swiftly and effectively.
Serve as the primary point ofcontact for all CCCP-related inquiries, providing guidance to City staff, customers, and regulatory agencies.
Participate in meetings and provide periodic updates to City management regarding program performance and compliance status.
Identify areas for improvement and recommend program enhancements as needed. a
a
a
Proposed Cost Structure
To support the City in managing a fully compliant and efficient CCCP, I propose the following compensation structure:
Given the ongoing needs ofthe City and the regulatory requirements governing backflow prevention and cross-connection control, I am pleased to submit a formal proposal to serve as the Cross-Connection Control Program Coordinator, meeting the State Water Resources Control requirements stiputated in the new Cross-Connection Controt Poticy Handbook.
Scope of Services
In my role as the Cross-Connection Control Program Coordinator, I will provide the following services:
Monthly Fee: $2,500
This includes up to 16 hours of onsite support.
Remote support: work on reports, emails, meetings. and answer any questions from City staff and stakeholders.
Additional Onsite Hours (as needed): $5Oihour.
This structure ensures the City receives high-quality service and expert oversight while maintaining flexibility for additional needs as they arise.
Qualifications
With nearly a decade of experience in water and wastewater operations-including my time serving both the Water and Wastewater Treatment Plants for the City of Imperial-l bring a strong foundation in regulatory compliance, system operations, and cross-connection control. My previous role as the CCCP Coordinator for the City of Imperial has equipped me with a deep understanding ofthe City's infrastructure, program needs, and regulatory expectations.
Conclusion
I am committed to continuing my work with the City of Imperial and ensuring the CCCP remains compliant, efficient, and responsive to both regulatory demands and community needs. I look forward to the opportunity to continue supporting the City in this critical role.
Please feel free to contact me with any questions or to discuss this proposal further.
Advanced Water Treatment Speciatists
Ricardo Arguettez, Preside nt
oiRo"
1010et2025
THIS CERTIFICATE IS ISSUED AS A iIATTER OF II{FORMATIO ONLY AiIO CONFERS NO RIGHTS UPO'{ THE CERNFICATE HOLOER. THIS CERTIFICATE DOES NOT AFFIRi'ANVELY OR IEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF I{SURAT{CE OOES NOT CONSTTTUTE A CONTRACT BETWEE]{ THE ISSUTNG r{SURER(S), AUTHORTZED REPRESET{TATIVE OR PROOUCER, AND THE CERTIFICATE HOLDER.
II{PORTANT: lf the certmcate holder ls an AODITIONAL lt{SURED, ths pollcy(les) must have AODITIOiIAL ll{SURED provbions or be ondoEed. ll SUBROGATION lS WAIVEO, subrect to tho tsrms and conditions ot the policy, csrtain policies may rgquiro an ondoEement A slatement on this certificatE does not conter ,ights to tho certt lcats holdsr ln lieu of such ondoisement(s).
PFODUCER
SWAIN CAMPBELL INSURANCE
447 West Aten Road
Suite #5
lmperial
INSUREO
ADVANCED WATER TREATMENT SPECIALISTS
894 S lST STREET
BRAWLEY cA 92227
Amber Barros
352 6742
com
AFFOROING COVERAGE
NCAA I ATAIN SPECIALry INSURANCE COT'4PANY 17159
INSURER B WESTERN WORLD INSURANCE COI.,lPANY 13196
INSURER C OHIO SECURITY INSURANCE COi,IPANY 24082
THE HARTFORD 29424
INSURER E I UNDERWRITERS AT LLOYD'S LONDON 15792
CERTIFICATE OF LIABILITY INSURANCE
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO C€RIIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAIED, NOTWTHSTANDING ANY R€OUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO W'TIICH 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 REOUCED BY PAID CLAIMS LIMITS
$ 100,000
r 1.000.000
$ 5.000
$ 1,0001000
$ 2,000,000
$ 2,000,000
07 to3t2025
COMiiERCIAL GENERAL LIABILIIY
07/03/2026 pERsoNAL & aDv rN..ruRy
GEN L AGGREGATE LIM[T APPL ES PER
LOC
EACH OCCURRENCE
IDATaEE.r()RENTED crarM$MAo€ f, o""ut
POLICY
OTHER
f l PRo- f l
JECT
qE!E!4 tgqaE!4rl
PRODUCTS , COMP/OP AGG
s
OV\NEO
AUTOS ONLY
H]REO
AUTOS ONLY
x :3!53u,.o
\/ NON-OW4,JED
AUTOMOBILE LIASILIIY
BAS (26) 693s0155 06t15t2025
BODILY NJURY (Per pecon)
PROPERTY OAMAGE
06/15/2026 BOOTLY NJURY (Ps accdenr)
$
s
$
s
r 1,000,000
C
B x EXCESS LIAB
DED RETENTION
OCCUR
xGL8146032 07 t03t2025
EACH OCCURRENCE
07/03/2026 AGGREGATE
s
o 1,000,000
$ 1,000,000
r 1,000,000
E L DISEASE. EA EMPLOYE
EL DISEASE. POLICY LIM]T
oTrl- X
E L EACHACCIOENI
$ 1,000,000
s 1,000,000
WORKERS COMPENSANON
AIiO EMPLOYERS' LIABILITY
ANY PROPRIETOR]PARTNER/EXECI.]T]VE
OFFICER/MEMBER EXCLUDED?
DESCRTPT ON OF OPERAT ONS betu
D
07 t01t2025
EACH CLAIM
O7l01/2026 AGGREGATELIMIT
1,000,000
2,000,000
PROFESSIONAL LIABILITY
E
CERTIFICATE HOLDER CANCELLATION
SHOULD AI{Y OF THE ABOVE OESCRIBEO POLICIES BE CAI{CELLED BEFORE THE EXPIRATIO}I DATE THEREOF, NOTICE WLL BE DELIVERED II{ ACCORDAiICE wlTH THE POLICY PROVISIONS.
AI,JTHORIZED REPRESENTATIVE
rs,lhr.tvar.fba,ro-'l
O 1988-2015 ACORD CORPORATION. All rights reseryed.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of AcoRD cA 92251
x ctP476937
07to1t2o25 07t0112026
!r!!
f l rrr 72\ iEcBTgM\ rG
ATRPL281911
DESCRTPnON OF OPERAiONS / LOCAiO S / VEBTCLES (ACORD i 01 , Addtln.l RemdG S.h.dur., my be .tt ched It moe .prce l. Eqdrcd'
CERTIFICATE HOLDER IS LISTED AS AN ADDTIONAL INSURED AS PER WRITTEN CONTRACT City of lmpenal
420 South lmperial Avenue
lmperial, CA 92251
DAI t' SUBMITTED
SI.]I]MII'IED BY
COMMI]NI1'Y
DF]VI]t-OPMENT
DIREC IOR
Oc()hcr 19. 2015
Agcnda I tcm No.
COI]NCII- AC1'ION
PUBI-IC IIIJARINC REQI]IREI)
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IMPf,RIAL CITY COUNCIL
AGENDA ITEM
DISCUSSION/ACTION: 2025 CALIFORNIA BUILDING CODES
I . Introduction/ l'r reading by title only of Ordinance No. 83 I, Amending Imperial Municipal Code Chapter 6 to Adopt the 2025 Califomia Building Codes
2. Provide directions to staffto prepare a summary or ordinance No. 831 for publication purposes.
COMMLINITY I)F]V I]t-OPMENT
BACKC ROUND/SUMMARY:
The State ofCalifornia mandates that all cities and counties adopt updated building and construction codes every three years. in accordance with the statewide tri-annual code adoption cycle. As part ofthis process, the Califomia Building Standards Commission published the 2025 Califomia Building Standards Code on July l. 2025, with an effective date of January l. 2026. The city adopts the updated codes by amending chapter 6 ofthe Imperial Municipal Code.
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S I AII: RTICOMMENDATION: Stalf rccommcnds introduction b)'title only of Ordinance No. 83 | to adopt thc 2025 Calilornia Iluilding Codcs.
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Ordinance No. 831
ORDINANCE OF THE CITY OF IMPERIAL, CALIFORNIA, Rf,ENACTING CHAPTER 6
RELATING TO BUILDING REGULATIONS
BUILDING REGULATIONS
ARTICLE I
6-l Purposes of Chapter
6-2 Creation of Building and Safety Division, a Division of Planning and Development Services 6-3 Building Official Generally; Contracts for Building Inspection by other Public Agencies 6-4 Duties of Building Official
6-5 Right of Entry
6-6 Dangerous, Unsanitary and Unlawful Construction
6-7 Permits Required
6-8Applications for Permit
6-9 Compliance with Title 8 of the Codified Ordinance of Imperial County 6- l0 Permit Fees
6-l I Emergency Work
6- 12 Fee Refunds
6- l3 Expiration of Permit
6-14 Fees for Issuance of Renewal ofExpired Permit
6- l 5 Board of Appeals
6- 15.1 Appeals
6-16 Appeals to City Council
6- 17 Non-Liability of the City Officers and Employees
6- I 8 Building and Structures to which Division is not applicable 6- l9 Location of Califomia Building Code
6-20 Conflict with State Law
6-2 I Owner Construction
6-22 Prefabricated Buildings
6-23 Cargo Containers
6-24 Fees
6-25 Violations and Penalties
ARTICLE II
6-26 Adoption ofthe Calilornia Building Code. 2025 Edition Title The City Council of the City of Imperial does ordain as follows:
SECTION l: Articles I through Article IV of Chapter 6 of the lmperial Municipal Code are hereby repealed.
SECTION 2: Chapter 6 of the Imperial Municipal Code is hereby amended as follows.
ARTICLE III
6-27 Find ings and Purpose
6-28 Assumption of Responsibility
6-29 Enlorcement
ARTICLE IV
6-30 Use and Occupancy
6-l Purposes of Chapter
The Purposes of this Chapter are to provide minimum standards to safeguard life. health. property, in the public welfare by regulating and controlling the design. construction, quality of materials, use and occupancy, location and maintenance of all buildings and slructures rvithin the incorporated areas of the City; to encourage and instruct people to build safely and econornically. rather than to discourage building, and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. 6-2 Creation of Building and Safety Division, a Division of Planning and Development Services
There is hereby established in the City the Building and Safety Division. which is a Division of Planning and Development Services.
6-3 Building Official Generally; Contracts for Building Inspection by other Public Agencies
The Cily council shall designate a City officer or employee as Building Official: provided, that the City Council may designate another public agency or official thereof. as the City Building Offlcial, and may, by agreement, contract lor the fumishing of building inspection services by such public agency, in which case the functions and operations of the City Building and Safety Division shall be deemed to be transferred to the other contracting agency. 6-4 Duties of Building Oflicial
The Building Official is authorized and directed to enforce the provisions contained herein and id lunher charged with enforcement ofthe provisions contained in Part 1.5 of Division l3 of the Health and Safety Code of lhe Stale of Califomia and the California Building Code latest adoption. The Building Official shall maintain public o{fice hours necessary to efficiently administer the provisions of this ordinance. and amendments thereto. and shall perform the following duties:
l) Require submission of, examine and check plans and specifications, drawings, descriptions. and/or diagrams necessary to show clearly the character. kind and extent of work covered by applications for permit and upon approval thereof shall issue the requested permit.
Article I. In General
2) Keep a perrnanent, accurate account of all fees for permits issued and other monies collected and received as provided by this ordinance, the names of the persons upon whose account the same were paid, the date and amount thereofl, together with the location of premises to which they relate.
3) Administer and enforce the provisions of this ordinance in a manner consistent with the intent thereof and inspect all work authorized by any permit to assure compliance with provisions of this ordinance or amendments thereto, approving or disapproving said work in r.lhole or in pan as conditions require.
4) Issue upon request a "Cenificate ofApproval" for any work approved by him. 5) Disapprove and reject all work done or being done or materials used or being used which do not in all respects comply with the provisions of this ordinance and amendments thereto.
6) Order changes in workmanship and/or materials essential to obtain compliance with all provisions of this ordinance.
7) lnvestigate any construction or work required by this ordinance and issue such appropriate notices and orders as provided in Sec. 6-6 and elsewhere in this ordinance. 8) Keep a complete record ofall the essential transactions of his office. 9) Transfer all fees collected by him to the proper authority provided by law to receive such funds.
6-5 Right of Entry
The Building Official and his duly appointed assistants shall carry proper credentials and upon exhibiting the same shall have the right of entry, during usual business hours to inspect any and all buildings and premises in the performance of their duties. 6-6 Dangerous, Unsanitary and Unlawful Construction
I ) Whenever the building official receives a complaint or report that any construction or work regulated by this ordinance is dangerous, unsafe, and insanitary, a nuisance or a menace to life, health, or properfy- or otherwise in violation of this ordinance, said Building Official shall investigate such report or complaint. It said investigation results in a detennination by the Building Official that one or more violations of the reguiations contained in this ordinancel he shall order the person using and/or maintaining and/or responsible for the use of maintenance thereof to discontinue such use and/or maintenance. The building official shall further order such person to make all repairs. alterations, and./or perform such acts of demolition and removal as said Building Official deems necessary for the protection of Iife. health or propefiy. The Building Official may order the supplier of gas or electricity to cease supplying the same when necessary to the preservation of life, health and/or property.
2) Every order referred to herein shall be in u.riting addressed to the person responsible for maintaining such condition. including among other persons. the owner of the property upon rvhich said condition or conditions exist and shall post an appropriate placard at each entry point to a building or structure upon completion of a safef_,- assessntent.
The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures.
INSPf,CTf,D Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent structural hazards have been found. This placard is to intend to mean that there is no damage to the building.
2. RESTRICTED USE is to be posted on each building or srructure that has been damaged wherein in the damage has resulted in some fonn of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and willclearly and concisely note the restrictions on continued occupancy.
3. UNSAFE- DO NOT fnter or Occupy is to be posled on each building or structure that has been damaged such that continued occupancy poses a threat to Iife safety. Buildings or slructures posted with this placards shall not be entered under any circumstance except as authorized in writing by the Building Official. or his or her authorized representalive.
Safety assessment teams shall be authorized to enter these buildings at any time, this placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the t_vpe of damage encountered.
3) Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official.
It shall be unlawful for any person, firm or corporation to aller, remove, cover or deface a placard unless authorized pursuant to this section. Refusal and/or failure to comply with any such notice or orders within a reasonable time after such notice or order has been presented by the Building Official pursuant to this section shall constitute a violation of this ordinance.
6-7 Permits Required
Unless otherwise provided herein, it shall be unlawful for any person, firm, business, partnership. corporation or association to erect, construct, enlarge, alter. repair. move, improve, con\,en or demolish any building. structure or facility or to install. alter, move, replace or cause lo be installed any plumbing. gas, or drainage work or any fixtures or water heating equipment or electrical equipment within the incorporated area of the City of Imperial without first obtaining a permit to do such work from the Building Official. The permits described by this section are required in addition to any other permits required herein. A separate permit shall be obtained for the work herein described for each building or structure or facility wherein said work is to be performed.
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At the time said report is filled, such person, firm or corporation shall pay the permit fee that may be required as provided within this ordinance. All work shall have been done and installed in accordance with the provisions of this ordinance and such work shall be subject to inspection by the Building Official to the extent as determined by the Building Official. 6-8 Applications for permit
l) All application for permits provided herein shall be made upon the appropriate forms provided by the City of Imperial. The application shall contain the following informatiou location, legal description. assessor's parcel number, ownership, occupancy and use of the premises upon which the proposed work relates, and a detailed description of the character and amount of work proposed. The Building Official shall require plans, specifications or drawings and such other information as deemed necessary. A detailed site plan shall be required with each permit application where the value of the work exceeds $1,000.00, except that plans for routine minor maintenance, minor repairs, etc. may be exempt by the Building Official.
2) A site plan may not be required for permits involving routine maintenance, remodeling or alteration ofexisting industrial or commercial facilities that are subject to section 6-7. 3) A copy of each application filed with the City of lmperial shall be transmitted to rhe Imperial County Assessor.
6-9 Compliance with Title 8 of the Codified Ordinance of Imperial County The Building Official may require that applications made pursuant to this ordinance contain satisfactory proof of compliance with the provisions contained in Title 8 of the Codified Ordinances of Imperial County.
6-10 Permit Fees
I ) Expect as otherwise sel forth in this ordinance. fees for each permit issued by the building official pursuant to this ordinance shall be paid upon application (s) for such permit. 2) Where work for which a permit is required by this ordinance. other than emergency work as defined in Section 6-ll. is commenced prior to obtaining such permit. the fees required hereby shall be doubled, but the payment of such double fees shall not relieve any person from compliance with the requirements hereof or the penalties prescribed herein.
3) All fees collected by the building department shall be tumed over to the City Treasurer and shall be deposited in the general fund ofthe City if Imperial, unless fees are collected and paid to another agency pursuant to Section 6-3 of this ordinance.
Exception: In lieu of the above, and at the option of the Building Official. any person. firm, or corporation, regularly employing (30 hrs/week or more) one or more person(s) qualified for the purpose of maintenance. making installations, additions, repairs. etc. on his/her or it's premises. shall file with the Building Official at least semi-annually. a report or reports, describing all such maintenance, repairs alterations, installations or additions (reporting may be quarterly ifrequired by building official).
4) The building valuation used to determine permit lees shall be based upon the latest "Valuation Date" as printed in the bi-yearly issues of"Building Standards". The building official may accept a legal construction contract signed by both owner and contractor provided it includes all work. materials, engineering and usual profit/overhead. 5) Due to the temporary and acute nationwide slowdown in the housing market, and notwithstanding any other requirements of Chapter 5, the City Manager shall have the authority to consider and approve requests to defer payment of building permit fees to the earlier of final inspection, Certificate of Occupancy, or one year from the date the deferral is approved by the City Manager.
6-11 Emergency Work
Any person who commences any work for which a permit is required by this Division without first obtaining a permit therefore shall, if subsequently granted a permit to perform such work. pay double the permit fee fixed herein. The provisions of this subparagraph do not apply to emergenc) work when it is proved to the satisfaction of the Building Official that such work was urgently necessary and thal is was not practical to obtain a permit therefore prior to the Commencement of rvork. However, if the person responsible for performing said emergency work fails to obtain a permit within a reasonable time after said emergency work is commenced. the double fee as herein provided shall be charged. The provisions of this subparagraph are to apply in addition to the imposition of any other penalties, sanctions, or legal remedies provided elsewhere in the Code for violation thereof.
6-12 Fee Refunds
I ) The recipient ofa permit issued pursuant to the provisions of this chapter shall be entitled to a refund in the amount of 70% of the fees he has actually paid for such permit if all the provisions of subparagraphs (a), (b) and (c) hereunder are complied with:
a) The permit is cancelled prior to the commencement of work or construction covered by the permit and no on-site inspections have been madel b) A written request for a refund is received by the division nol more than 180 days from the date said permit was issued, and
c) After receipt ofthe permittee's application lor refund, the Building Official is satisfied that said permittee is entitled to such refund. 2) The payment of refunds as provided in paragraph ( I ) above shall be made in the manner provided for payment of claims against the City of Imperial. Refunds shall not be made for plan checking fee paid pursuant to this chapter.
6-13 Expiration of permit
Every permit issued by the Building Official pursuant to the provisions of this Division shall expire and become null and void upon the occurrence of either of the following. except that no permit shall continue to be active for more than l2 consecutive months. l) If the work authorized by the permit has not been commenced within one hundred eighty ( I 80) days from the date of issuance of said permitl or 6-15 Board ofAppeals
There is a hereby created a Board ofAppeals, which members shall be qualified in accordance by experienced and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
These members shall be appointed by the City Council or goveming body of the agency providing the services under Sec. 6-3 ofthis chapter. The Building Official shall act as secretary to the Board of Appeals. The secretary shall maintain or cause to be maintained minutes of meetings and shall record allproceedings before said Board ofAppeals by mechanical means.
The Board of Appeals may from time to time make written recommendations to the City Council as to changes or additions relating to the suitability of materials and types of construction other than those specified herein.
The Citv Council mav. in its sole discrelion. aooo int itself as the Board of Appeals. In the event of such appointment. the decision of the City Council sitting as the Board of Appeals shall be final.
6-15.1 Appeals
Any applicant for a permit aggrieved by a decision ofthe Building Official as to a matter with the preview of this chapter shall have the right to appeal such decision to the Board of appeals in accordance rvith rules and regulations relating to appeal procedures adopted by the said Board of Appeals and approved by the City Council.
2) If. after the work authorized by said permit has been commenced. such work has been commenced. and such work has been suspended or abandoned for a period of one hundred eighry ( I 80) days.
3) A 180 extension may be granted subject to determination and approval by the Building Official.
6-14 Fees for Issuance of Renewal of Expired Permit
In the event a permit expires and becomes null and void pursuant to the provisions contained in Sec. 6-13, and/or a permit is suspended or revoked by the Building Official, the following renewal fees shall be required:
l) Ifa permit expires pursuant to Section 6-l3lthe renewal fee shall be one halfthe original total fee, provided:
a) The suspension described in Section 6-13 has not exceeded one year duration: and
b) The plans and specifications submined for the original permit are resubmitted without any chanBes made thereto.
2) If a permit is suspended, revoked or voided by the Building Official, the renewal fee shall be twice the original fee.
3) If work commences without a permit then it is considered a violation of this code and subject to the penalty outline in 6-25. The subsequence to be issue will be charge to the double fee.
6-16 Appeals to City Council
The decisions of the Board of Appeals on any appeal shall be final. unless within ten ( l0) days after said decision. a written appeal to the City Council is filed by the applicant with the Clerk of tlre council. Said appeal shall state the ground upon which the appeal is made. The appeal shall be accompanied by a filing fee of One Thousand Dollars ( I ,000.00). Said appeal shall be heard at a scheduled public hearing by the City Council following the date of the filing of said appeal.
Notice ofthe time and place of said hearing shall be given to the applicant by mailing such notice to him. postage prepaid, at his last known address, at least five (5) days prior to the date set for such hearing. A copy of said notice shall also be sent to the Building Official and to all members ofthe Board of Appeals.
6-17 Non - Liability of the City Officers and Employees This ordinance shall not be construed as imposing upon the City of Imperial. or upon any agency. or upon any if its officers or employees any liability or responsibility for injury or damage resuhing from any building. plumbing or electrical work approved or performed pursuanl Io this ordinance. or by reason of any inspection performed hereunder. 6- l8 Buildings and structures to which Division is not Applicable Provisions olthis ordinance are not applicable to livestock leed pen.
An appeal may be made by filling an application therefore. Such application must be accompanied by a filling lee of five hundred dollars (S500.00) and provide the following written appeal:
o A brief statement setting forth the legal interest ofeach ofthe appellants in the building or the land involved in the notice and order.
o A brief Statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.
o A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.
r The signature ofall parties named as appellants and their official mailing address. o The verification (by declaration under penalty of perjury) of at least one appellant as to the truth ofthe matters stated in the appeal.
. The appeal shall be filed within 30 days from the date of the service of such order or action of the building official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to life, limb, property or safety ofthe public or adjacent property and is ordered to vacated and is posted in accordance to this ordinance, such appeal shall be filed within l0 days from the date of the service ofthe notice and order ofthe building official.
6-19 Location of California Building Code
C)ne copy of all uniform codes incorporated by reference or otherwise made a part of this ordinance shall be placed on file in the Building Division and City Clerk's Office for examination and use by the public.
6-20 Conflict with State Law
Notwithstanding any other provisions of this ordinance, nothing herein contained shall be construed in a manner contrary to the provisions and requirements of Part I .5 of Division l3 of the Health and Safety Code of the State of Califomia. or any other applicable statule, law, rule or regulation of the Stale oICalifomia.
6-21 Owner Construction
Nothing in this ordinance shall be construed as prohibiting any person from doing his work or from employing any person to work on a building or structure to which the provisions of this ordinance apply, provided there is compliance with Section 3800 of the Califomia Labor Code.
However, the reasonable value of such labor shall be included in the permit valuation. 6-22 Prefabricated Buildings
Prefabricated buildings. which are to be located in the City of Imperial are subject to all the provisions ol this ordinance regulating the construction of new buildings. unless such factorybuilt housing is manufactured in accordance with requirements contained in Part 6 of Division 13, Health and Safety Code (commencing with Section 19960) and Chapter I, Title 25 of the Califomia Administrative Code.
6-24 Fees
Each applicant lor a permit that is subject to the provisions of Sec. 6-23 shall, in addition to the fees provided for elsewhere in this ordinance, pay a fee of one-tenth of I oZ of the total valuation ofthe construction for which the building is issued, as determined by the Building Official. 6-25 Violations and Penalties
Any person. finn. or corporation violating any provision ofthis ordinance shall be deelned guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed $500.00 or by imprisonment in County Jail for not to exceed six (6) rnonths. or by both fine and 6-23 Cargo Containers
Portable cargo containers, "seatainers" and the like shall be installed on foundations designed by California Registered Engineers: or use standard design for garages: or shall be set as a portable unit with the floor elevated to provide six inch separation between untrealed wood. or metal and the ground. Cargo containers shall be limited to storage use only and shall not be used as habitable structure.
The permit fee for containers shall be based on the valuatiou as set forth in Section 6- 10. imprisonment. Each separate day or any portion thereof.
Article II - California Building Code, 2025 Edition Title 6-26 Adoption of the California Building Code,2025 Edition Title The Califomia Building Standards Code.20l9 edition, as published by the lntemational Code Council, is hereby adopted as the Building Code ofthe City of Imperial. Said Code is comprised of the following elements:
. 2025 California Administrative Code
. 2025 Calilornia Building Code
. 2025 California Residential Code
. 2025 California Electrical Code
. 2025 Califomia Mechanical Code
. 2025 Califomia Plumbing Code
. 2025 California Energy Code
. 2025 Califomia Historical Code
. 2025 California Fire Code
. 2025 Califomia Building Standards Commission Code
. 2025 Califomia Green Building Standards Code
. 2025 Califomia Referenced Standard Code
. Appendix Chapters A, B, C, and Resource A
. 2024 International Property Maintenance Code
. 1997 Uniform Code for the Abatement of Dangerous Buildings Article III. Mobile Home Parks
6-27 Finding and Purpose
The purpose of this article is to provide for local enforcement of statutes and regulations relating to mobile home parks. In doing so, the City Council of the City of lmperial intents that by providing a more efficient means of enforcing said statutes and regulations, the life, health and property ofthe citizens ofthe City of Imperial rnight be better protected. 6-28 Assumption of Responsibility
Pursuant to the Calilornia Code of Regulations As the lead agency for the State of California under the California Code of Regulations. Title 25 Housing and Community Development.
Chapter 2 Mobile Home Parks Act, Subchapter I Mobile llome Parks Article I Administration and Enlorcement. the Imperial County Planning / Building Department oversees the construction. use, maintenance and occupancy of mobile home parks. mobile home lots. permanent buildings. accessory bui ldings and structures.
6-29 Enforcement
The Building Official is responsible for enforcement of the provisions of this Article. However, the City Council may. by agreemenl. contract for the provision of such services with another public agency in accord with Section 6-3.
Article IV. Certificate of Occupancv
6-30 Use and Occupancy
No building or structure may be lawfully used or occupied until the Certificate of Occupancy has been issued. A Certificate olOccupancy will be issued by the City Building Official after all final inspections have been approved and it is found that the building or structure complies with all code provisions of the City of lmperial.
Pursuant to Section ll I ofthe California Building Code, the Building and Safety Division may consider issuing a Temporary Certificate of Occupancy (TCO) which allows a portion or the entire building to be occupied prior to the completion of all construction and,/or all required improvement.
The following describes the provisions required to obtain a Temporary Certificate ofOccupancy.
The applicant shall submit a letter to the Building Official requesting a Temporary Certificate of Occupancy which contains the following:
a. Project identification including, but not limited to, name, building description. address. and permit number.
b. Desired date ofearly occupancy
c. The necessity for early occupancy
d. Date the project will be ready for final occupancy
e. A non-refundable payment of$500 to cover the cost ofadditional inspection by city staff.
All departments must approve the project for a Temporary Certificate of Occupancy before it can be issued. lfthe building/project is not approved for Temporary Certificate ofOccupancy, the deposir will be immediately retumed to the applicant. However, ifa second lefter requesting a Temporary Certificate of Occupancy is submitted. and additional non-refundable $500 fee shall be paid to rhe Ciry. Once all construction is completed and all improvements are made, the applicant shall submit another wrinen request to the Building Official for a Final Certificate of Occupancy.
SECI'ION 3 t'-flfective Date. This ordinance shall take effect and shall be in force thin) (30) days after the date of adoption. and prior to the expiration of fifteen ( l5) days from the passage thereof, shall be published at least once in a newspaper of general circulation printed and published in the County of Imperial. together with the names of the members of the City Council voting for and against the same.
PASSED, ADOPTED AND APPROVF.D by the City Council of the Ciry of hnperial. this day of .2025
Malor of the City of hnperial
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Citv Clerk
DA E SUBMITTED
SUBMITTED BY
DATE ACTION
REQUIRED
Ocrober 29. 2025
Community
Development
Director
November 5 2025
Agenda Item No. O.)
COTINCIL ACTION
PUBLIC HEARINC
REQUIRED
RESOLUTION
ORDINANCE lSI READING
ORDINANCE 2\D READING
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CITY CLERK'S INITIALS O
SU BJECT: DISCUSSION/ACTION: PUBLIC HEARING OF THE CITY COUNCIL TO DISCUSS THE INTENT TO VACATE A PUBLIC RIGHT-OF.WAY PORTION OI.'O STREET BETWEEN I5I STREET AND 2ND STREET WITHIN THE CITY OF
IMPERIAL
DEPARTM ENT
INVOLVED:
Adoption of Resolution No 2025-53, Approving the City's Intention to Vacate a public right-of-way portion of O Street betu,een I'r SIreeI and 2"d Street witlrin fie Citl of Imperial
Community Development Department
BACKGROUND/SUMMARY:
FISCAL IMPACT: N/A ADMIN
SERV
INITIALS '..Itr\)
STAFF RECOMMENDATION: Staff recommends approval ol
Resolution No. 2025-53. DEPT. I}Iv\
INITIAT-S
MANAGER'S RECOMMENDATION CITY
MANAGER'S
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Staff Report
Agenda ltem No.
To: City of Imperial Planning Commission
From: Yvonne Cordero
Date: October 29,2025
Subject: O Street Abandonment between 1st Streetand 2nd Street Applicant: Raul Parra
Proiect
Description:
Abandonment of O Street between 1.t Street and
2nd Street
Zoning: Rail Served Industrial (l-2J
General Plan: Industrial Zone
Environmental: Categorically Exempt - L5305 Minor Alterations in Land Use Limitations Facilities
Recommendation: Approve,subjecttoconditions.
Background
Raul Parra, owner of Imperial Truss & Lumber, is requesting the abandonment ofthe portion of O Street between Lst Street and Znd Street to support the expansion of his operations. Mr. Parra recently completed a lot merger, combining four parcels into one to accommodate the construction of twelve new office suites. The street abandonment is a key component of the project, as the additional area will provide the necessary space for onsite parking to serve the planned development. Mr. Parra owns eight parcels in the surrounding area, and this investment is part ofa broader effort to revitalize and modernize the Rail-Served Industrial Zone. The proiect reflects the City's goals of encouraging economic growth, attracting new professional services, and improving the district's overall functionality and appearance.
During the initial phase of this right-of-way vacation, adjoining property owners were notified of the applicant's intention to vacate. Staff received one objection to the project from Alex Abatti, property owner of APN 044-200-094. The form, provided in Attachment B, shows Mr. Abbati's objection; however, it Iacks a comment or reason as to why he is f
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Summary:
Staff Report to the City Council
O Street Abandonment between 1{ Street and 2^d Street
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opposing the vacation. The location map in Attachment D shows that Mr. Abatti's property is located south of the project area and outside the City's jurisdictional boundary. The vacation will not adversely affect Mr. Abatti's property or restrict access, as the parcel has three access points via P Street, 1st Street, and N Street.
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O Street Abandonment between 1d Street and 2"d Street
Discussion /Analysis
California Government Code 65402 stipulates that the City of Imperial cannot vacate or abandon streets unless such actions align with the General PIan. The abandonment of O Street between 1st and 2nd Street has been confirmed to comply with the Land Use and Circulation Elements of the General Plan. According to the City of Imperial General Plan Circulation Element, streets are classified based on the traffic levels they are designed to serve. O Street as a whole is not designated as a Major or Secondary Arterial and has not been built to its full capacity. All parts of O Street are classified as local streets, meaning they are not crucial for traffic flow. P Street, to the East of O Street, is classified as a secondary arterial and has enough capacity to handle any increased traffic resulting from the abandonment of any portion of O Street and will not disrupt local circulation.
The pro.lect aligns with the General Plan's Land Use Element by promoting economic growth and development within the Rail-Served Industrial Zone. The abandonment of the proposed portion of O Street ensures adequate parking spaces for the planned office suites. once the project is finalized, it will help attract a more diverse business community, encourage redevelopment and revitalization, and foster economic prosperity while also enhancing the area's aesthetics.
The City of Imperial's Planning Commission held a public hearing on September 24,2025,for this project and adopted Resolution PC2025-12, confirming its conformance with the City's Ceneral Plan.
Environ ment I Comnliance
The project is categorically exempt from the California Environmental Quality Act ICEQA) under Section 15305 (Class 5J - Minor Alterations in Land Use Limitations.
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Staff Report to the City Council
O Street Abandonment behveen 1" Skeet and 2"d Street
Public Notification
The public hearing scheduled for November 5, 2025, was duly noticed in the IV Weekly and Calexico Chronicle, newspapers ofgeneral circulation, on October 23,2025. An Intent to Vacate Public Hearing Notice was sent to all property owners within 300 feet of the proposed vacation site, and an lntent to Vacate Notice of Public Hearing was posted at the proposed vacation site on October 24,2025.
Recommendation
Staff recommends that the City Council conduct a public hearing to receive comments for and against the project. Unless sufficient evidence to the contrary is presented at the public hearing, Staff recommends the adoption of Resolution 2025-53, approving the City of Imperial's intent to vacate the public right-of-way portion ofO Street between 1.t Street and 2nd Street.
Attachments
. AttachmentA - Draft Resolution 2025-53
. Attachment B - Alex Abatti's Proiect Objection Form
Respectfully submitted,
Othon Mora, MCM, CBO
Community Development Director
{* L-
staff Report to the City Council
O Street Abandonment betlveen 1n Street and 2"d Street
ATTACHMENTA
DR.'T-7 RESOLUTION NO 2025-53
RESOLUTION OF INTENTION TO VACATE A
PUBLIC RIGHT.OF.WAY
WHEREAS, an ow-ner of property adjoining a city street has requested the City to vacate a portion thereofand has further agreed to pay costs associated therewith; and WHEREAS, the City Council of the City ollmperial hereby declares its intention to vacate a portion of a Right of Way along O Street. approximately 8,000 square feet: and WHEREAS. the instant vacation proceeding is being conducted in accordance with Chapter 3, Part 3. Division 9 of the Califomia Streets and Highways Code (Sec. 8320 et seq)l and
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Council ofthe City of lmperial proposes to vacate that portion of the right-of-way described herein.
2. A Public Hearing will be hetd at the City Council Chambers. 200 West 9th Street, Imperial Avenue. Imperial, CA on December 3.2025 at 7:00 p.m. or as soon thereafter as the matter can be heard.
3. This Resolution shall be published in accordance with Streets and Highways Code Section 8322, and notice shall be given in accordance with Streets and Highways Code Section 8323.
PASSED, APPROVED AND ADOPTED this 5th day of November 2025.
James Tucker. Mayor
ATTEST:
Kristina Shields
City Clerk
Staff Report to the City Council
O Street Abandonment between 1d Street and 2"d Street
f=tB Community Oevelopmenr Department
,120 S- lmperirl AYenue
lmpenal. CA 9225 I
Phone: 760-355-l152
Fer: 760-355-4718
CE ol
Crlifornir
TO: Alex C Abani
(Adioining Prcpedy Owner 5 Name E Pno.e Number)
aPN 044-200-09
lAdjoining Prop€dy Address / Cary / Srate / Zip)
2015 Sibbao Road El Cenrro. CA 92243
FROI\4 RaurPafta
( djoining PoperyO*ne/s Meiring Address/City/ State /Zip) 442-297 -9A35
2. PROPOSED USE OF VACATED/ABANDONED AREA
P.oposad u56 ol O Slr6et i sl lo 2nd Straor will be lor parting spacss lor lhe otrrc! clmplex apdbait is p.Aosing to consrruct.
Proposed use ofO SLesl2nd lo 3rd Street is Io. th€ expansion ol lh€ erdsling truss and lumbar yard The applicant is requesting the City of lmperial to vacate lhe Public right-of-way
Public service easement within the property described above As an ad.joining property owner to the property, your opinion to the vacation is requested Please check the appropriate box below and print or type your commenls.
Return the completed form to the aDolicant at the address above within one week.
E
I support the proposed vacation/abandonment described above.
I object to the proposed vacation/abandonment described above o.----- E\- f\,-\ \-
(Sig;>ture) (Pnnt Name) (Dale)
(Print Name) (Oate)
ATTACHMENT B
ADJOINING PROPERTY OWNER CONTACT FORM
(Applicanl s Nrme & Phons Numb64
701 E 2M Slr6€l lmp€dal, CA 92251
(Appricanls Address / city / state / zip)
1. REGAROING VACATION/ABANDONMENT OF:
O Ske€i - 1st Street ro 2nd Slreer and O St set - znd Srr€et io 3rd Streei
COMMENTS
(Signature)
Agenda ltem No. D-t
DA'II] SUBMIITEI)
SUBMII'TED I}Y
DAI'ti ACTION REQTJIRI]D
couNclt_ ACTtoN (x
PUBLIC HEARINC REQUIRED ( ]
RF]SOLUTION ( ]
oRDINANCI IST RI]ADINC
()RDINAN('!- 2\D RI]ADING
CII'Y CLERK'S INI TIAI,S
October 29. 202J
Cit) Manager's
Officc
No\embcr 5.2025
IMPERIAL CITY COUNCIL
AGENDA ITEM
SUBJECT DISCUSSION/ACTION:
APPROVE REGULATORY ACREEMENT TO ESTABLISH 6T'I STREET/ H STREET APARTMENTS AS AFFORDABLE HOUSING.
DEPARTMEN I INVOI,VED: CITY MANAGER.S OFFICT
BACKGROUND/SUMMARY:
City Council previously approved Resolution 2024-OG authorizing the application and agreement with the California Department of Housing and Community Development's (HCD), Permanent Local Housing Allocation Pro8ram (PLHA) 23-PLHA-18293.
This action allowed the City to receive grant funding from PLHA for rehabilitation ofthe city apartments located at 6th street and H street. This is a 10-unit complex and the City intends to utilize awarded funding for needed repairs and upgrades to the apartments.
As part of the PLHA agreement, and approved Resolution, a regulatory agreement to establish the apartments as affordable housing must be recorded on the property. This regulatory agreement would restrict the household income to residents at 60% of the Area Median lncome (AMl), and rent maximum of 30% of the 60% AMI for a period of 55 years.
To date the City of lmperial has received funding for the following allocation years:
Year 2020 in the amount of S147,535.00
Year 2021 in the amount of 5169,834.00
Year 2022 in the amount of S89,147.00
Total received funding to date: 5406,516.00
A new application was submitted for round 5, requesting allocation Year 2O23 funds in the amount of S72,922.00.
lf approved, this Regulatory Agreement would be recorded with the County Recorder and conditions outlined in the agreement would be applicable to any future owners of the property for the term of 55 years from the date of Council's execution of this document. Approval of this agreement would also allow the use of grant funds to complete needed improvements of the 10-u nit apartment complex.
See Attached:
o Resolution 2O24-OG
o Draft PLHA approved Regulatory Agreement
FISCAL IMPACT:
$406.516 - PLHA grant funds
ADN,IIN
SERV I('IiS
stGN tNt I t^t s
'..JN^ 5
STAFF RECOMMENDATION:
City Council approved Regulatory Agreement establishing affordable housing of City apartments for a period of55 years.
DEPT. INII'IALS
MANAGER'S RECOMMENDATION
ry//e --
CITY
MANACER's
INITIALS ebr4
MOl loN:
SECONDED:
AYES:
NAYES:
ABSENT:
APPROVED { )
DISAPPROVI.]D 0
REJEt I l:l)
DEFERRI,D
REF'IiRRED I'O:
(
(
)
)
RESOLUTION NO.2024.06
AUTHORIZING RESOLUTION OF THE CITV OF IMPERIAL
AUTHORIZING THE APPLICATION AND ADOPTING THE
PLHA PLAN FOR THE PER]VIANENT LOCAL HOUSING
ALLOCATION PROGRAM
City of Imperial City Council hereby adopts the following resolution:
WIIEREAS, the Department is authorized to provide up to $296 million under the Perrnanent t ocal Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq.
(Chapter 364, Statutes of20l7 (SB 2)).
WHEREAS, the State of California (the "State"), Department of Housing and community Development (..Department") issued a Notice of Funding Availability ('NoFA') daled 1212912023 under the Permanent Local Housing Allocation (PLHA) Program; and WHEREAS, the City of Imperial is an eligible Local govemment who has applied for program funds to administer one or more eligible activities, or alocal or Regional Housing Trust iuni to whom an eligible Local government delegated its PLHA formula allocation; and wHEREAS, the Department rnay approve funding allocations for PLHA Progran5 subject to the terrns and conditions of the Guidelines, NOFA' Program requirements, the Standard Agrcement, and other contracts between the Department and PLHA $ant recipients;
NOW, THEREFORE, THE CITY COI,'NCIL OF THE CITY OF IMPERIAL DOES RESOLVE, DETERMINE, ORDER AND PROCLAIM AS FOLLOWS:
l. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referlnced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all appticable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Progranr, as well as any and all contracts Applicant may have with the Department.
2. Applicant is hereby authorized and directed to receive a PLHA grant, in an arnount not to eicied the five-year estimate ofthe PLHA formula allocations, as stated in Appendix B of the current NOFA ($548,563) in accordance with all applicable rules and [aws. .1. Pursuant to Soction 302(cX{) of thc Guidelines, Applicant's I'LHA Plan for the 2019- 2023 Allocations is attached to this rcsolution, and Applicant herehl adopts this PLH.{ Plan and certifies compliance uith all public notice, public comment, and public hearing requirements in accordance n ith thc (luidelines.
5. tf applicablc: Applicant certi,lcs thal it has or s ill subgrant sonrc or all of its PLI IA flnds to another cnti(y or errl.ities. Pursuant to Guidclines Section -102(cX3). "enthy" ll'reans a housing devclopcr or progranr opc'rator. but does not nlcan an administering Local government to whonr a Local governnrcnt rnal delegate its Pl-llA allocation.
6. Ifapplicable: Applicant certifies that its selection process ofthese subgrantees uas or rvill be accessible to thc public and avoided or shall avoid an1' conflicts ol'interest.
7. Pursuant ro Applicant's ceniflcation in this resolution. the PLI-IA l'unds rvill be expended onll for eligible Activitics and consistcnt with all program requirements.
8. Ifapplicable: Applicant certifies that. il'firnds arc used lbr the developrnent ofan AlTordable Rental llousing Development. the Local government shall make PI-HA assistance in thc lbrm ofa low-intercst. dettrred loan to the Sponsor ofthe Project. and such loan shall be evidenced tkough a Promissorl' Note secured b1 a Deed of Trust and a Regulatory Agreerrrent shall restrict occupancy and rents in accordance rvith a Local governmcnl-approved undcrrvriting of the Project lbr a term ofat least 55 1ears.
9. Applicant shall be subject lo lhe terms and condiliotts as spccified in the Standard Agreement. thc PLHA Program Guidolines and any other applicable SB 2 Guidelines published bl thc Depannrent.
PASSED, APPROVED AND ADOPTED b1 the City Council ol'the C'ity of Imperial on the 2l '' da1' of Februarl' 2024.
ROBF-RT AMP
Mayor
Signature of Approving Ot)icer:
r.\O.
3. Applicant hercbl agrees to usc the I'l-llA lunds tbr eligible activities as approved b1 the Depannrent and in accordancc uith all l)rogranr requirenrents. (iuidelines. other rules and laws. as rvell as in a nranner consistent arrd in compliancc rvith thc Standard Agreentent and other contracts bctwccn the Applicant and the Departnrenl. lO.The Citl Manager and/or his designcc is aurhorizcd to cxccute the PLHA Program Application. the PLHA Standard Agreemenl and an1' subsequent amendments or modifications thereto, as well as any other documents uhich arc related to the Program or the PLHA grant arvarded to Applicant. as the Department may dcem appropriatc.
CERTIFICA'IE OF THE A'T-IESTING OT'T ICER
The undersigned. Krisrina Shields. does hereby attest and ccrti! that the atlachcd Rcsolution is a true. full and correct copy ol-a resolution dull adopted at a nteting ofthe Citl"of Imperial City Council which was duly convcned and held on the dale stated thereon. and that said docunrent has not been amcnded. modilled. repealcd or rc,scinded since its datc' ol'adoption and is in full lbrce and etl'ect as ofthe date hcreoll
AYES:
}.OES:
ABSENT:
ABSTAIN:
Bumworth, Mendoza- Obeso-Martinez. Tucker, Amparano
None
None
None
IN WITNESS WHEREOF. I have hcrcunto sct m1'hand and aflixed the oflcial seal of the City ol'lmperial. Califbrnia, this 21" day of February 2024.
K S1-INA SHIF,t,DS.
(it Clerk
L gr_+
RECORDING REQUESTED BY:
City of Imperial
420 South Imperial Avenue
Imperial, CA,92251
City of lmperial
City Clerk
420 South Imperial Avenue
lmperial, CA 92251
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENl' TITLE(S): AFFORDABLE HOUSING REGULATORY ACREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
CITY APARTMENTS.6III STREET AND H STREET. (UNITS
r0l THROUGH 107 AND UNITS 206 THROUCH 212%).
AFFORDABLE HOUSING REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
I. RECITALS
A. Property Ownership and Description the City is the Owner of the Property' more fully described in Exhibit A aftached hereto and incorporated by reftrence. The Property includes all rights. privileges, easements, appurtenances, mineral and water rights' and permanent improvements.
B. Intent to Preserve Affordability the City intends to preserve the affordability ofthe Property fbr persons with incomes which do nol exceed 60% of the Area Median Income for the City of Imperial, ensuring that aftbrdability restrictions remain anached to the Property in compliance with the authorities which govem use of PLHA Funds.
C. Authority and Funding on February 21, 2024. the City Council ofthe City adopted Resolution 2024-06 authorizing this Agreement under the PLHA Grant in collaboration with the Califomia Department of Housing and Community Development (HCD). The City was awarded $406.5 16.00 1of10
\\'HEN RE( ORI)trl) I\tAIL TO:
This Agreement is enlered into as ofthe
-
day ot. 2025 (the "Effective Date"). by and between
the CITY OF IMPERIAL ("City"). and any successors in interest of the real property described herein (collectively. the "Property").
in PLHA Funds (CY 2020.2021 & 2022\ to rel'urbish and improve the Property. This project supports the City's Housing Element by:
. Goal 2: Providing diverse housing options that accommodate various economic needs. . Goal 4: Promoting affordability lbr very low-, low-, and moderate-income households. . Goal 5: Pursuing additional resources to aid in al'fordable housing creation. The use of PLHA Funds complies with Activity $301(a)(l) regarding the predevelopment. development. acquisition, rehabilitation. and preservation of multifamily residential rental housing affordable to extremely low-, very low-. low-. or moderate-income households.
D. Imposition of Restrictions This Agreement imposes enduring occupancy and affordability restrictions on the Property to ensure that all tuture Transferees adhere to the affordability standards establ ished herein.
II. DEFINITIONS
For purposes ofthis Agreement. the following terms shall have the meanings specified below l. Affordable Rent: "Aflordable Rent" means Rent which is limited for initial occupancy, and for each subsequent occupancy. by a new Eligible Household following the calculation procedures used by the Califomia Tax Credit Allocation Committee (TCAC), but in no event to exceed 30% of 60% ofthe Area Median lncome applicable to the City of Imperial.
2. City:. The "City" ret'ers to the City of Imperial.
3. Eligible Household: "Eligible Households" refers to households whose incomes do not exceed 607o of the Area Median Income applicable to the City oilmperial.
4. Owner: "Owner" refers to any person or entity which, as of the Eff'ective Date ol this Agreement. has any interest in the Property whether through a f'ee estate. a leasehold estate. hypothecation or otherwise, and shall include their heirs. successors. assigns. and Transferees.
5. Property: The "Property" is located within the City of Imperial at the corner of 6'h Street and H Street. It comprises units l0l through 107 on 6th Street and units 206 through 212% on H Street. The Propeny is identified as County Assessor's Parcel No. 064-103-013 and is more fully described in Exhibit A. This includes all rights, privileges, easements, appurtenances. mineral and water rights, and permanent improvements.
6. Rent: "Rent" means the same as "gross Rent." as defined in the Internal Revenue Code (26 USC a2(gX2)(B). It includes all mandatory charges, other than deposits. paid by the tenant for the use and occupancy ofthe Assisted Unit. plus a utility allowance established in accordance with TCAC Regulations. For units assisted under the U.S. Department of Housing and Urban Development (HUD) Section 8 or similar rental subsidy program, Rent incudes only the tenant contribution portion ofthe contract rent.
7. Transferee: A "Transferee" is any person or entity who at any time after the Effective Date of this Agreement becomes an Owner as that term is defined herein.
8. Term: "Term" refers to the fixed period ofoccupancy or lease as defined herein. ln Section 5(a), the Term shall be fifty-five (55) years, commencing on the Aftbrdable Housing Occupancy Date.
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9. Very Low Income Household: A "Very Low Income Household" is one whose gross income does not exceed 30% ofthe Area Median Income, based on applicable federal or state guidelines.
10. Lower Income Household: A "Lower Income Household" is a household whose income falls within the qualitying range defined by applicable local. state. or federal guidelines and which may rent a unit under this Agreement's provisions if said household meets the definition ofan Eligible Household as set forth herein. ll. Affordability Period: The "Affordability Period" is the duration during which the restrictions and covenants of this Agreement shall remain in t'ull force and efl'ect.
12. Affordable Housing Occupancy Date: This term refers to the date on which the last of the ten Aftbrdable Housing Units made the subject of this Agreement is first occupied under the terms of this Agreement.
13. PLHA Funds: "PLHA Funds" means funds received under the PLHA Grant liom the Califomia Department of Housing and Community Development (HCD) for the purposes set forth herein.
III. AGREEMENT
1. Purpose and Binding Effect
The City. acting as Declarant, agrees to regulate the occupancy, rents. operation. ownership. and management ofthe Property to preserve its affordability for eligible households. These covenants run with the land and bind all successors and assigns.
2. Successors and Binding Provision: This Agreement shall bind any Owner. successor. heir, or assign of the City-whether a change in interest occurs voluntarily or involuntarily by operation of law or otherwise. ln the event the City contemplales or proceeds with the sale ofthe Propefty to a successor. such sale shall be conditional upon adherence to and consideration oflhe covenants set forth herein.
3. Acknowledgment and Certification
Each purchaser of the Property must acknowledge and certifu acceptance of these restricttve covenants by executing a certification form substantially similar to that provided in Exhibit B.
Such certification is a condition precedent to any Transfer and shall continue to bind all subsequent purchasers.
4. Allocation of PLHA Funds
The City shall allocate its annual PLHA Funds toward the rehabilitation and preservation of a designated l0-unit low-income rental community on the Property (the -Rental Development"). specifically targeted for households eaming 60% of the Area Median lncome (AMl). 3of10
5. Maintenance and I nspection
a. Maintenance Obligations: The purchaser shall maintain the Property and all associated improvements in good condition and in strict compliance with all applicable building. plumbing, electrical. fire. habitability and housing codes.
b. Inspection Rights: Should City determine it is necessary, upon reasonable notice to the Owner and, in the case of inspections ofthe interior of any occupied units. upon reasonable notice to the occupants of the units. the City shall have the right to enter onto and inspect the Property and all records penaining to the operation ofthe Rental Development. including, but not limited to, tenant income certifications, Renls charged to Eligible Households. and records ofrnaintenance and repair. Upon the receipt of a notice of intent to Transfer (as provided in Section 5). the City shall have the right to access and inspect the Property to ensure compliance with this Agreement. c. Remedy of Deficiencies: Any deficiencies (''Deticiencies") identifled during an inspeclion must be remedied by the purchaser within sixty (60) days following written notice from the City. In connection with any transfer of interest. the City or an eligible purchaser may require that escrow funds be withheld to address any Deficiencies prior to escrow closing. a. Affordability Requirements and Term: Each unit shall be leased exclusively to Eligible Households at an Affbrdable Rent fbr the Term of fifty-five (55) years. commencing on the Affordable Housing Occupancy Date. Prior to leasing any unit to a new tenant, the Owner shall take reasonable steps to certify that the prospective new tenant qualifies as an Eligible Household, and shall recertity the income ofeach Eligible Household in the Rental Development not more and not less than once in any l2-month period.
b. Household Income Recertification: In the event thal. upon recertification. a tenant's gross income exceeds the qualilying threshold fbr an Eligible Household as defined herein, thensubject to applicable local and state law-the tenant shall be required to vacate the unit upon the Iater of a sixty (60) day notice or upon the expiration of the current lease term. For projects financed with Tax Credits or other Federal/Slate assistance. applicable IRS regulations (including section 1.42) and any other relevant provisions shall apply. Notwithstanding any interim rent adjustments. the unit shall at all times remain in compliance with this Agreement.
7. Covenants Running with the Land
All provisions of this Agreement shall run with the land, thereby binding every Owner. occupant. lessee, purchaser. and Transferee throughout the Affordability Period. 4of10
6. Occupancy and Income Eligibility Restrictions
8. Periodic Review Clause
To ensure that the terms of this Agreement remain relevant in light ofevolving housing market conditions. regulatory changes. and community needs. the following provisions shall apply:
a. Review Schedule: The City shall conduct a comprehensive review of this Agreement every five (5) years lrom the Effective Date.
b. Scope of Review: The review shall assess compliance with the affordability provisions. the effectiveness of maintenance and inspection requirements. and the overall impact of the Agreement on sustaining affordable housing.
c. Recommendations and Amendments: Any recommendations for amendments arising fiom the review shall be documenled and. ifadopted by the City Council, become binding on all parties. Any such adopted amendments shall be attached as an addendum to this Agreement and shall comply with the authorities goveming the use of PLHA Funds. d. Stakeholder Consultation: The City shall engage relevant stakeholders-including tenants. property managers. and housing advocacy groups--{uring each review to gather input on the performance and relevance ofthe existing covenants. e. Public Reporting: A summary report ofeach periodic review shall be publicly available to maximize transparency and community involvement.
9. Protection ofCurrent Occupancy and Conversion to Affordable Housing a. Continued Occupancy Rights. Notwithstanding any subsequent conversion ofany Unit into the Affordable Housing Program. any person. family. or entity (hereinafter. the "Resident" or "Tenant") lawfully occupying such Unit as ofthe Effective Date of this Agreement shall be entitled to continue occupancy underthe terms and conditions oftheir existing tenancy. lease, or occupancy agreement (collectively. the "Existing Lease"). subject only to any modifications required by applicable lau'. No action under this Agreement shall be taken that would require the premature termination of a current tenancy solely as a result of the Unit's conversion to an affordable housing designation. The rights granted in this Section 9(a) shall not continue past the expiration of the Existing Lease, nor shall the Existing Lease be extended or renewed past its current date of expiration.
b. Automatic Conversion Upon Vacancy. [n the event that a Unit which is subject to the provisions ofSection 9(a) becomes vacant-whether through termination ofthe current Tenant's occupancy under lhe terms of the existing agreement or through any other lawful vacancy-the Unit shall automatically (and without further discretionary action) be designated as an Affordable Housing Unit. Following vacancy. fbr the remaining term of this Agreement. all new tenancies shall be subject to the eligibility criteria. rent limitations. and other affordability requirements established pursuant to this Agreement and applicable law. c. Compliance and Enforcement, The Owner. in conjunction with the administering agency or Affordable Housing Program, shall ensure that, upon vacancy. the Unit meets all requirements to be classified and maintained as an Affordable Housing Unit. An1 new agreements entered into for occupancy ofthe Unit following its vacancy shall incorporate such affordable housing provisions without exception. Nothing in this clause shall be construed to reduce or 5of10
otherwise modiry the rights or obligations that current Tenants may have under existing agreements until such agreements expire or are lawfully terminated.
IV. EXHIBITS
I Exhibits. The following Exhibits are attached hereto and incorporated into this Agreement by this reference:
A. Legal Description ofthe Property
B. Purchaser Certification Form
CITY 0F IMPERIAL
lN WITNESS WHEREOF. the parties hereto set their hands this 5'h day of November, 2025.
CITY:
CITY OF IMPERIAL
B
James Tucker, Mayor
ATTEST:
Kristina Shields.
City Clerk
APPROYED AS TO FOR}I:
I]
Katherine Turner
City Attorney
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Bv
ACKNOWLEDGMENT
A notary public or other officer compleling this
certificale verifies only the identity of the
individual who signed the document, to which this
certificale is attached. and not the truthfulness.
accuracy. or validily oflhat document.
STATE OF CALIFORNIA}
COUNTY OF IMPERIAL}
CITY OF BRAWLEY}
On November 5, 2025. before me , City Clerk for the City of lmperial Califbmia. a Municipal Corporation. personally appeared James Tucker, Mayor who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrumenl and acknowledged to me that he/she/they execuled the same in his/her/their authorized capacity (ies). and that by his,zher/their signature(s) on lhe instrument the entity upon behalf of which the person(s) acted, executed the instrument.
I certif, under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correcl.
Witness my hand and official seal
City Clerk
Civil Code I 189 Ceniflcate ofAckno$'ledSmenl
(Seal)
7ofl0
Exhibit A
Legal Description ofthe Property
THE EAST 85 FEET OF THE WEST 145 FEET OF THE SOUTH 145 FEET ANF THE WEST 60 FEET OF THE SOUTH 215 FEET OK BLOCK 96, TOWNSITE OF IMPERIAL,
IN THE CITY OF IMPERIAL, COUNTY OF IMPERIAL, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 833 ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGOCOUNTY, A COPY OF SAID MAP ON FILE IN THE OFFICE OF THE COUNTY RERCORDER OF IMPERIAL COUNTY.
SAID LAND IS ALSO SHOWN AS PARCEL 3 OF THAT CERTAIN CERTIFICATE OF COMPLINANCE RECORDED MAY 17, 1996, IN BOOK 1897, PAGE 128OOF
OFFICIAL RECORDS
APN: 064-103-013
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Exhibit B:
Pu rchaser Certifi cation Form
Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants Effective Date: . June 2025
1. Purchaser Information
Address:
City/State/Zip:
Telephone:
Email:
2. Property Information
The Property is located within the City of Imperial at the comer of 6'h Street and H Street. comprising units 50 I through 507 6rh Street and 406 through 412V, H Street. It is identified as County Assessor's Parcel No.064-103-013. with a full legal description provided in Exhibit A.
3. Certification
The undersigned Purchaser hereby cenitles the lbllowing:
Acknowledgment: I have received. read, and fully understand the Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants. including all attachments, addenda. and amendments. I t'urther acknowledge that this Agreement imposes restrictive covenants and obligations on the Property.
Acceptance of Restrictions: I agree to take title to the Property subject to and in compliance with all the terms, covenants, restrictions. and conditions set forth in the Agreement, including those related to occupancy, rent. operation. and maintenance.
Binding Effect: I understand that the provisions ofthe Agreement shall bind me. my successors, and any assignees, and that this certification is a condition precedent to any transfer of the Property.
Periodic Review: I acknowledge that the Agreement is subject to a periodic review every five (5) years by the Cit). during which the affordability and maintenance provisions will be evaluated. Any amendments approved by the City Council as a result oisuch a review will be binding on all parties.
Further Representations: I warrant that the information provided in this Certification Form is true and accurate to the best of my knoll'ledge.
4. Execution
9oI10
Name: _
By signing below. I contlrm that I have read. understood. and agreed to the terms and conditions set forth in the Affordable Housing Regulatory Agreement and Declaration oiRestrictive Covenants.
Date:
Purchaser Signature:
Printed Name:
Title (if applicable):
5. Notary Acknowledgment (If Required)
State of County of_
Subscribed and sworn before me on this day of 20 .by
", ,"*,ttfirvhonis
Personally known to me or has produced
Notary Public Signature:
My Commission Expires:
10 of 10
DATE ST]BMITTED
SUBMIl"I'ED BY
October 28. 2025
Cit-'- Managcr's
Office
IMPERIAL CITY COUNCIL
AGENDA ITEM
Agenda ltem No. D-7
COUNCILACTION (X
PUBLIC HEARING REQUIRED 0
RESOLUTION O
t).\ It: .\( llo\ REQI IRl,t)
ORDINANCE IST RF,ADING
ORDINANCE 2\O RT.]ADING
CITY CLERK'S INII'IAI-S
SUBJECl' DISCUSSIONiACTION:
AWARD OF CONTRACT FOR CITY APARTMENTS WINDOW REPLACEMENT PROJECT AT 6TH AND H STREET
DEPARTMENT INVOLVED: CITY MANAGER.S OFFICE / COMMI.NITY DEVELOPMENT DI]PARTMENT BACKGROUND/SUMMARY:
On March 25. 2025 the City of Imperial received previously awarded funds through the Permanent Local Housing Allocation Program (PLHA) for improvements to the 6th Street/H Street apartments. Staff determined that the windows of these apartments were in disrepair with broken panes, locking mechanisms (latches) and do not meet current energy efficiency ratings.
On Sept. 3. 2025. staff completed the competitive bid process and received one ( I ) bid:
I . Discount Door and Window in the amount of $49,932.00.
After careful review of the submitted Bid. staff request City Council award this project to Discount Door and Window and authorize the City Manager to execute all required documentation. Please see attached supporting documents.
FTSCAL IMPACT:
S49.932.00 - PLHA grant funds (total funds awarded: $406.516.00) ADMIN
SERVICES
SICN INITIAT,S \Ju^1
STAFF RECOMMENDATION:
City Council awards project to Discount Door and Window in the amount of $49,932.00 with a contingency of l5% of $7.489.80 for a total of $57.421 .80.
I)I]PT, INI II I,S
MANAGF,R'S RECOMMENDATION
'144^NL
CII Y
MANACER's
INITIALS
APPROVEI) ()
DISAPPROVI.]D ( )
RI-]JECTED
Dt]FERRED
SECONDED
AYES:
NAYES:
ABSF]N'I':
I
(
REI]ERRI]I) I'o
\orcmber 5.l0l5
47/ L)-
M
vlo t to\:
Bids received by: Aimee Osuna
Were opened at: 400 S. lmperial Ave, Suite 102
By: Aimee Osuna, Assistant City Clerk
Wtnessed by:
leCompany
BID Opening Act
BID No. 2025-17
6th / H STREET APPARTMENTS' WINDOW
REPLACEMENT PROJECT
on: October 8, 2025
Signature
iS D T o0)
Total Bid Amount
Bids were given to
D
for study and
/a,/t/zozsrecommendation for City Coun
Date
CITY OF IMPERIAL
GENERAL SPECIEICATIONS
Gth / H srREEr A''ARTMENTt'ffi,ftro* RE'LA.EMENT pRoJEcr BtD NO. 2025-17
SCOPE OF WORK
6th / H STREET APPARTMENTS' WNDOW REPLACEMENT PROJECT s@W of wotk /s as fol/or4ls:
A. Provide bid for high-impact, low-E, Energy star rated windows (must meet new wind codes & glass to be Low-E and Energy Star Rated).
B. Advising client on material recommendations and options to maximize energy efficiency and security, while maintaining the historic character of the building.
C. Obtaining all necessary permits and ensuring work complies with building codes.
D. lmplementing security measures on the job site to prevent thefr, trespass, and damage.
E. Prep interior and exterior of window as needed to include removal and proper disposal of existing windows, trim and alljob-related materials (inside & outside).
F. lnspection offrames and structural components to identify and make necessary repairs.
G. Fitting and installation of new windows (both fixed and operable).
H. Vvindows should be double glass, Low-E, white vinyl, and have screens (as appropriate)
l. Vvindows in shower/restroom areas should be Obscure glass.
J. Cap and caulk will match color of new vinyl wandow
K. Provide and install allwindows, weatherproofing, seals and finishes to blend seamlessly with existing building aesthetic.
L. Contractor to field verify all window openings.
M. Contractor will submit product approval at contract signing and Energy Star rated documentation to be submitted prior to final pay request.
N. Complete cleanup of the job site, ensuring all debris and materials are removed and the site is left in good condition.
Please see Appendix A, B and C for more information.
The work to be done consists of furnishing all materials, equrpment, tools, labor and incidentals, as required by the contract documents. Contractor will also be responsible for accurate measurements.
LOCATION OF WORK
6th / H STREET APPARTMENTS' WNDOW REPLACEMENT PROJECT on the corner of 61h Street and H Street, City of lmperial, California.
1 I
D'SCCDT'NT
ORGANIZATIONS LIKE STRATEGIC OPERATIONS INC, ALL SOURCE CO., AND ZIGMAN SHIELDS TRUST US FOR THEIR
DOORS ANO WINDOWS NEEDS, INCLUDING INSTALLATION, BECAUSE WE DELIVER FLAWLESS SOLUTIONS THAT COMBINE FUNCTIONALITY AND AESTHETICS. OUR ENERGY-EFFICIENT GIAZING KEEPS INTERIORS COMFORTABTE WHITE IOWERIN6 HEATING AND COOTING COSTS. COMMITTED TO SUSTAINABILITY, WE REDUCE WASTE AND ENERGY CONSUMPTION, TREATING EVERY INSTATLATION AS A CUSTOM, ARTISTIC ENHANCEMENT THAT ADDS EXCEPTIONAT VATUE TO YOUR 5PACE.
UNIQUE ENrlrY lD: Q)ffERZPSHQTS
CAGE coDE:0QE97
NAlcs coDEs:238150
2l6tLA, Zt62tO, tt2?2,., t27215, 444180
WHOWEARE:
DISCOUNT DOOR AND wNDOw blends advanced technology with expert craftsmanship to deliver innovative, efficient glazing solutions. we specialize in residential and commercial projects and create custom glass designs tailored to your unique vision, From minor repairs to large-scale installations, our versatile services are crafted to meet your needs with unmatched precision and quality.
Our skilled professionals have technical expenise and are committed to precision, ensuring every project is handled carefully. We provide easy-tofollow guides for DIY window and door installations and partner with a trusted network of pre-approved contractors to deliver top{uality service.
Our glass is built to withstand extreme weather, offering unmatched durability.
Explore a variety of textures, frosts, and patterns to create a unique, artistic aesthetic while protective coatings maintain clarity and shield against rain, dirt, and Uv rays. Plus, our advanced thermal insulation helps lower energy costs, making our products as efficient as they are stylish.
we collaborate with you to find the perfect door or window to enhance your space. From expert guidance during selection to reliable post-installation support, we ensure a smooth, hassle-free experience. Our maintenance programs keep your glass pristine, providing longiasting beauty and performance you can count on.
we offer transparent, upfront pricing with no hidden fees, ensuring a smooth and hassle-free experi€nce. our straightforward ordering process and flexible payment options make purchasing easy, while custom-sized windows and doors guarantee a perfect fit at an affordable price.
We're available 24, to provide quick turnarounds without sacrificing quality.
Our precise glass installations ensure a flawless fit, with most projects completed within a day to minimize disruptions. Fast delivery and installation are our priority, typically completed within weeks.
WHAT WE DO:
. WE SUPPLY
.t
Fiberglass Entry Doors y' Barn D@rs
Vinylsliding Patio Doors r' Shower Glass ooori
Fiberglass Frenah Doors r' Ghss Cloor Hardware
towe and LowE3 Glass r' wood Eatry Doors
wood French ooort r' GhSs Doo, Accetrories
wood lnterior Doors r' VinvlSliding windows
Tempered Glass r' AwninS vinyl windows
Privacycla5s / Single Huntwindows
Bitold Doors r' Double Hung windowt
Muhi Slidin8 Glass Doors r' Pictur€ Windows
viny' swin8ing French boors r' Garden windows
Door Ha.dware r' Aluminum windows
SERV|CES:
window and Door lnstalhtion and Replacement
Custom window D6i8n and Sirin8
Enercy-Effi cient windox lnstallation
Storefroot Ghss lnrtallation
Hi8h-Rile window lnstallations
SlidinS Glass Door lnrtallation
French Door and Hinged Glass Ooor lnstallation
Custom Door DesiSn
flameless Glass Shower Door lnltalhtion
Slidint or Bi-Fold Glass Door lnstallation for Shotvert DesiSner Glasr Door lnstallation for Homes and Businesses F oned or Etched Glass DesiSn lnstallatioh
Glass Repai. for Eroken o. Cracled Windows
weatherproofi n8 And Res€aling windows
Glass Panel lnstallation for Walls or Panitions
Decoralive Glass Installation ror lndoor Spaces
Shrlight Glass lnstallation for atural Lighl
EnerRy-E ticient and Durable Shy'ietlt lnstallation
Protective Storm Window lnstallation for Added lnsulatlon ' Double-Hung or Casement Sto,m Wlndow lnstallation CLIEI,ITS;
Aer Coastal Ridge IIARDY ZTGMAN + snELE
DOOR + IYTNDOIIV
s
ALAN HOLSAPPLE
DBA DISCOUNT DOOR AND WINDOW
5450 Complex 5t Ste 301,san Diego, CA 92123
(8s8) s64-2s64
www.discountdw.com/fedsuoplier
l'*s
1-
lft
^l
ATAN HOLSAPPTE
Owner
(8s8) 204-8084
alan @discou ntdw.com
VIVIANA BETTRAN
office Manager
(858) s37-1560
[email protected]
STRATEGIC
OpERarloNs
i..*i
MA
CFA\Gtf0a rrrE
BETTER WTH
ENERGY SIAR
?oarca o/ TM
Every windo$/ comes with an extruded aluminum scregn frame with a lift handle rail for easy removal.
Vinyl Track Rail System and Tandem Brass Rollars tor smooth sliding operation and litetime durability.
No matter the size of your iob, the Green World Windows Platlnum Series Vinyl Windows are your absolutely smart choice. The innovative product line offers a broad range of great choices and styles. All Green World Windows are tested byAAMAand NFRC and Energy StarApproved and Rated.
THE POTTER OF GREEN-FULI, LIFETIME VARRANTY
Platinum Series Single
Sliding Vinyl Window
s-2900
*44
All Green World Windows'Series are covered by our exclusiv€ Full Lifetime Warranty with Glass Ereakage. You are coverod as long as you own and occupy your home. Th16 includes
multi-family homes. For more warranty informatlon contact an authorized Green World Window Dealer or go to
www. greenworldwindows.com
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DATE SUBMITTED
SUBMITTED BY
DATE ACTION REQUIRED
R, ALE]ANDRO ESTRADA
Agenda Item No. D4
COLINCIL ACTION
PUBLIC HEARINC REQUIRED
RESOLUTION
ORDINANCE IST READINC
ORDINANCE 2ND READINC
CITY CLERK'S INITIALS
1O/29/2025 X)
1.t/5/2s
IMPERIAL CITY COUNCIL
AGENDA ITEM
SLTBJECT: DISCUSSION/ACTION:
l Approval of the combined CivicPlus Website Redesign and Development ADA Title II Compliance and CivicPIus Automated Agenda Management Proposal.
DEPARTI\4ENT INVOLvED: DEPARTMENT OF INNOVATION & TECHNOLOGY BACKGROUND/SUMMARY:
Currently, the City of Imperial websate is not in compliance with the Americans with Disabilities act Title II and Section 508. Additionally, the deadline for compliance, April of 2027 is rapidly approaching.
Currently, meeting agendas are manually typed in Microsoft Word and are edited into PDF format. A ticket is then created in the help desk system, requesting that the web developer upload the agenda and any associated documents to the website. This process takes time and creates extra work for staff.
Selectinq CivicPlus will assist the City to be in compliance with the ADA Title II and promote efficient meeting and agenda management.
FISCAL IMPACT
Project included in the 2025-26 Innovation & Technology Budget Account 19- 144- 5253 $48,587.79
FINANCE
INITIALS N,F
STAFF RECOMMENDATION
The staff recommends approving the disbursement of funds for the CivicPlus Website Redesign and Agenda Management system in the amount of $44,587.79
DEPT, INITIALS
MANAGER'S RECOMMENDATION
d
/l-o,.<--
CITY
MANAGER's
INITIALS
\..-/
MOTION
SECONDED
AYES:
NAYES:
ABSENT:
APPROVED ()
DISAPPROVED O
REJECTED
DEFERRED
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INFORMATION TECHNOLOGY
DEPARTMENT
DIRECTOR
R. Aleja ndro Estrada
Cily of
California
October 30,2025
To: Dennis Morita, City Manager
Re: Executive Report for the Selection of Agenda Management Vendor Mr. Morita,
Background
The City of lmperial initiated a Request for Proposal (RFP) process to select a qualified vendor to streamline the agenda management and streaming of City of lmperial meetings. The primary objective of this project is to reduce staff workload, ensure transparency in meetings, and publish meeting agendas and supporting documents in a timely manner.
RFP Overview
RFP Title: Automated Agenda Preparation, Meeting Management, and Video Streaming RFP Number: 2025-15
Release Date: September 4, 2025
Proposal Deadline: September 25, 2025
Evaluation Period: September 25, 2025-November 5, 2025
Number of Proposals Received: 9
The RFP outlined the following key proiect requirements:
. lmprove staff workflow for creating and reviewing agenda items. . Automate agenda item submission, approval, and publishing. . lncrease public access to agendas, minutes, and videos. o Editable minutes based on entries created in real-time meeting management. . Ability to timestamp items in the meeting video.
. Video displayed in a reliable video player that's universally accessible and has multi-language closed-captioning capabilities.
6-=t,B
Department of lnnovation & Technology
120 South lmperial Avenue, lmperial, CA 92251 | (760) 355-3842 Evaluation Process
The evaluation committee consisted of representatives from the Department of lnnovation & Technology, Public lnformation Office, and Community Development Department. Proposals were evaluated based on the following weiBhted criteria:
Evaluation Criteria
Functionality and Features
Cost
lmplementation Timeline
Vendor Experience and References
Training and Support
Security and Compliance
Points
30 25
15 15
10 5
Summary of Proposals
Recommendation
Based on the evaluation results, Vendor CivicPlus received the highest overall score and demonstrated the strongest alignment with the city's objectives and technical requirements. Vendor civicPlus has extensive experience with agenda management and meeting streaming, offering a proven and secure platform, as well as comprehensive post-launch support and training.
Therefore, the evaluation committee recommends awarding the contract to CivicPlus for agenda management, public meeting streaming, and publishing meeting minutes.
Next Steps
1. Finalize contract negotiations with the selected vendor
2. Obtain City Council approvalfor contract award.
3. lnitiate project kickoff and timeline scheduling.
4. Begin design and discovery phase.
Expected Project Timeline:
Contract Award: November 5,2025
Design & Development: To be determined
Testing & Training: To be determined
Launch: August 15,2026
Department of lnnovation & Technology
120 South lmperial Avenue, lmperial, CA 92251 | (760) 355'3842 Vendor TotalScore Proposed Cost Notable strengths
CivicP lus 92 s43,6s0.00 Agenda reparation f unctionality G ranicus 90 544,4s2.2O Real-time meeting management
Conclusion
The recommended vendor has demonstrated the technical capacity, creative expertise, and commitment necessary to deliver an agenda management platform that reflects the City's values of transparency, accessibility, and community engagement. This project represents a key investment in digital transformation and enhanced public service delivery.
Sincerely,
R an Estrad
Dire ofl on & Technology
Department of lnnovation & Technology
420 South lmperial Avenue, lmperial, CA 92251 | (760) 355-3842 ro
INFORMATION TECH NOTOGY
DEPARTMENT
DIRECTOR
R. Aleja ndro Estrada
California
October 30, 2025
To: Dennis Morita, City Manager
Re: Executive Report for the Selection of Website Developer Vendor Mr. Morita,
Background
The City of lmperial initiated a Request for Proposal (RFP) process to select a qualified vendor to design, develop, and implement a new official government website. The primary objective of this project is to modernize the City's online presence, improve accessibility and user experience, enhance transparency, and ensure compliance with current web standards and security protocols The purpose of the website redesign is to ensure the City of lmperial complies with ADA Title ll and Section 508 standards. Additionally, it will provide residents and site visitors with an intuitive and engaging experience.
RFP Overview
RFP Title: Website Redesign and Development ADA Title ll Compliance RFP Number: 2025-16
Release Date: September 4, 2025
Proposal Deadline: September 25, 2025
Evaluation Period: September 26, 2025-November 5,2025
Number of Proposals Received:40
The RFP outlined the following key project requirements:
. Modern and responsive website design is compliant with WCAG 2.1 accessibility standards . Content Management System (CMS) with user-friendly administrative controls' . lntegration with existing online services and third-party systems. o Robust cybersecurity and data privacy measures.
o Ongoing maintenance and support options.
. Training for City staff in content management and basic web updates.
Department of lnnovation & Technology
420 South lmperial Avenue, lmperial, CA 92251 | (760) 355-3842 (ii-=!\
it
a
City of
Evaluation Process
The evaluation committee consisted of representatives from the Department of lnnovation & Technology, Public lnformation Office, and Community Development Department. Proposals were evaluated based on the following weighted criteria:
Evaluation Criteria
ADA/WCAG Accessibility Compliance
Technical Approach & CMS Usability
Experience with Government Clients
Project Cost
lmplementation Timeline
Design Quality and User Exp€rience
References and Past Performance
Points
25 20
15 15
10 10
5 Summary of Proposals
Recommendation
Based on the evaluation results, Vendor CivicPlus received the highest overall score and demonstrated the strongest alignment with the City's objectives and technical requirements. Vendor CivicPlus has extensive experience designing municipal and government websites, offers a proven and secure CMS platform, and provides comprehensive post-launch support and training.
Next Steps
1. Finalize contract negotiations with the selected vendor
2. Obtain City Council approval for contract award.
3. lnitiate project kickoff and timeline scheduling.
4. Begin design and discovery phase.
Expected Project Timeline:
. Contract Award: November 5,2025
. Design & Development: To be determined
. Testing & Training: To be determined
o La unch: August 15,2026
Total Score Proposed Cost Notable strengths
CivicPlus 96 s39,817.79 Content Management System usabil G ra n icus 94 s43,031.14 Mobile-first desiBn
Therefore, the evaluation committee recommends awarding the contract to CivicPlus for website design, development, implementation, and ongoing support.
Department of lrlnovation & Te(hnology
120 South lnrperial Avenue, lmperial, CA 92251 I (760) 355-3842 Vendor
Conclusion
The recommended vendor has demonstrated the technical capacity, creative expertise, and commitment necessary to deliver a website that reflects the City's values of tra nsparency, accessibility, and community engagement. This project represents a key investment in digital transformation and enhanced public service delivery.
Sincerely,
R. Ale dro
Director ion & Technology
Department of lnnovation & Technology
420 South lmperial Avenue, imperial, CA 92251 I (760) 355-3842 C'
C ivicPlus
302 Soulh 4th St. Suite 500
Manhattan. KS 66502
US
Quote #:
Date:
Expires On:
Bill To:
IMPERIAL CITY, CALIFORNIA
SALESPERSON Phone EMAIL OELIVERY METHOD PAYMENT METHOO
Hector Ortega [email protected] Net 30
QTY PRODUCT NAME DESCRIPTION '12 Month
Value
1.00 Annual - Municipal Websites
Central
Annual - Municipal Websites Central
1.00 Year 1 Annual Fee Discount usD -4,250.00
1.00 Hosting & Security Annual Fe€ - Municipal Websites Central
usD'1,188.00
Website Year '1 Annual Fee
Oiscount
Year 1 Annual Fee Discount usD -1,'188.00
1.00 Guardian Security (Cloudfl are
WAF/CDN)
Cloudflare Tie|I WAF/CDN security prolection usD 600.00 1 .00 Website Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount usD -600.00
1 .00 SSL Management CivicPlus
Provided
SSL Management CivicPlus Provided: imperial.ca.gov usD 89.00 1 .00 Website Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount usD -89.00
1.00 DNS Hosting for .GOV Annual
Fee
DNS Hosting for .GOV Annual Fee: imperial.ca.gov usD 75.00 1 .00 Website Year 'l Annual Fee
Discount
Year 1 Annual Fee Discount usD -75.00
1 .00 Ultimate lmplementation -
Municipal Websites Central
Ultimate lmplementation - Municipal Websites Central usD 1 1 ,262.79
Client:
City of lmperial, CA
Statement of Work
Q-110424-1
1012612025 2:55 PM
11130t2025
Municipal Websiie
usD 4,250.00
Website Year 1 Annual Fee
Discount
Hosting & Security Annual Fee -
Municipal Websites Central
1.00 QTY PRODUCT NAME DESCRIPTION 12 Month
Value
48 Month Redesign Ultimate
Annual - Municipal Websiles
Central
48 Month Redesign Ultimate Annual - Municipal Websites
Central
usD 4,003.00
1.00 Website Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount
250.00 Website Content Development -
1 Page
Content Development - 1 Page usD 7,700.00
6.00 Website Virtual System Training - Up to 3 hours & 12 attendees
usD 3.465.00
4.00 Alignment Virtual Consulting
Accessibility
Agenda l,.4eeting lMana gement
QTY PRODUCT NAME DESCRIPTION
1 .00 AudioEye Managed: imperial.ca. gov usD 4,875.00
1.00 Web Accessibility Year '1 Annual
Fee Discount
usD -4.875.00
OTY PRODUCT NAME OESCRIPTION l2 Month
Value
AMM Select: Pro Annual Fee AMM Select: Pro Annual Fee usD 6,300.00
1.00 AMM Select: Pro Premium
lmplementation
Pro Premium lmplementation; lncludes config. of up to '10 meeting types, up to 10 boards, 'l approval workflow per meeting type, 4 hrs of training, and 2 hrs of consulting; lncludes 1 original agenda, 1 original minutes, and 1
original staff report design
usD 3,900.00
1.00 CivicPlus Media: Annual Fee CivicPlus Media Annual Fee: Unlimited storage, unlimited users, up to 3 concurrent streams
uso 6,000.00
I .00 CivicPlus Media: lmplementation
Fee
usD 1,050.00
1.00 AMM Select: Live Meeting
Manager Annual Fee
AMM Select: Live Meeting Manager Annual Fee usD 2.400.00 1 .00 AMM Select: Live Meeting
Manager lmplementation Fee
Live Meeling Manager lmplementation usD s00.00
1 .00
uso -4,003.00
Website New Customer Virtual
System Training - Up to 3 hours
Alignment Consulting - Virtual, up to 3 hours usD 2,310.00 12 Month
Value
AudioEye Managed
Year 'l Annual Fee Discount
1 .00
CivicPlus Media: lmplementation Fee
PRODUCT NAME OESCRIPTION 12 Month
Value
1.00 Agenda and Meeting
Management Select lntegration
Hub : Third Party lntegration
usD 2,200.00
QTY PROOUCT NAME DESCRIPTION 12 Month
Value
1 .00 NextRequest PT Economy Plan NextRequest Economy Plan for local agencies; Unlimited Staff Users, Up to 5 Admin-Publisher Users, Up to
1TB Storage. Core Features: Request Portal, Request
Diversion, Public Reading Room, Email Notifications,
Reminders, Reporting, Tasks, Time Tracking
usD 5,988.00
1.00 NextRequest Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount usD -5.988.00
1.00 NextRequest Economy
lmplementation
NextRequest Economy lmplementation (Virtual Only) usD 1,500.00 Renewal Procedure Automatic 1 year renewal lerm, unless 60 days notice provided prior to renewal date
Annual Uplift 5olo t,o be applied in year 2
This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located al httos:/iwww.civicplus.helo/hc/en-us/o/legalSltU[ (cottectively, the "Binding Terms"). By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW.
tislPrie€--lftitiaH€ l USHffi€€
Total lnvestment - lnitial Term usD 48.587.79
Annual Recurring Services (Subject to Uplifl) usD 37.968.00 lnitial Term 24 Months, beginning at signature date.
Total lnvestment - lnitial Term refers to
the first 12 months of the agreement.
Annual Recurring Services (subject to Uplift)
refers to the second 12 months of the agreemenl
lnitial Term lnvoice Schedule 100% lnvoiced upon Signature Date
QTY
Single third party integration for lntegration Hub.
NextRequest
Please note that this document is a SOW and nol an invoice. Upon signing and submitting this SOW, Client will receive the applicable invoice according to the terms ofthe invoicing schedule outlined herein.
Client may issue purchase orders for its internal, administrative use only, and not to impose any contractual terms. Any lerms contained in any such purchase orders issued by the Client are considered null and will not alter the Binding Terms, the Agreement or this SOW.
Acceptance of Quote t Q-110424-'l
The undersigned acknowledges having read, understood, and agreed to be bound by the binding terms and conditions incorporated into this SOW. This SOW shall become effective as of the date of the last signature below ("Effective Oate").
For CivicPlus Billing lnformation, please visit https://www.civicplus.com/verifv/ Authorized Client Sionature
By (please sign):
Printed Name:
Tifle: Title:
Date
Organization Legal Name:
Billing Contact
Title:
Billing Phone Number:
Billing Email
Billing Address:
Mailing Address: (lf different from above)
PO Number: (lnfo needed on lnvoice (PO or Job#) if required) Date
CivicPlus
By (please sign):
Printed Name:
Agenda Item No.
DATE SUBMITTED
SUBMITTED BY
DATE ACTION RT.]QUIRED
l0/29,25
Pt]BI,IC SF,RVI('t]S
I l15i 25
IMPERIAL CITY COUNCIL
AGENDA ITEM
COUNCII- ACTION
PUBI.I(' TIEARTNG REQUIRET)
RESOI_Ul tON
oRDINANCE IST READINC
ORDINANCI.] 2ND READING
CIl'Y CI-t]RK'S INITIALS
X
SUBJECT DISCUSSION/ACTION:
Approvol to enter inlo on ogreement with Sewer Al Softwore Services vio HGAC procuremenl os port of CIP #853
BACKGROUND/SUMMARY
Sewer Al is on opproved vendor under the Houslon-Golvesion Areo Council (HGAC) cooperotive purchosing progrom, which ollows municipolilies io occess competilive pricing ond slreomlined procurement for speciolized services. S'toff hos idenlified Sewer Al's softwore os o voluoble complement lo lhe work being performed under Ciiy Projeci Bid No.2025-08, which involves CCIV inspection of the monhole ond grovily sewer colleclion syslem.
Sewer Al uses odvonced orlificiol inlelligence to onol}.ze inspeclion fooioge, oulomoticolly delecl defects, clossify pipe conditions, ond generole octionoble reporls. This iechnology will reduce monuol review lime, enhonce occurocy, ond enoble more effective priorilizotion of mointenonce ond rehobililolion efforts. The totol cost of the proposed service for the lirsl yeor (slortup) is $35,172.80, wilh on onnuol subscription fee lhereofler ol $31,572.80. Slortup costs will be included os port of Copilol lmprovement Projecl (ClP) No.853.
FISCAL IMPACT:
$3s, r /2.80
Account: 54-853-521 0 (ClP)
FINANCE
INITIALS vi
STAFF RECOMMENDATION:
Sloff recommends opprovol to submil on opplicotion lo utilize HGAC procurement ond enfer inlo on ogreemenl wilh Sewer Al for softwore services.
DEPT.
INITIALS
MANAGER'S RECOMMENDATION CITY
MANAGER's
INITIALS 'W^.olQ' 0lt t4
tl10TION:
SECONDED
AYES;
NAYES:
ABSENT:
APPROVED
DISAPPROVI:D
REJECTED
DEFERRED
o
o
REFERRED
TO:
)
)
(
(
sewerat.com
PRODUCT RELEASE
Risk & Rehab
From lnspection Data to lnvestment PIan-ln Minutes, Not Months.
Risk & Rehab by SewerAl turns your existing CCTV data into instant, defensible capital planssaving time and money while expanding your team's capacity. @E t:l
nbl it.p G-
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*-- absr.r
@rlsw
Risk Analysis Dashboard
E
Risk Map View
@ Aunt tor anyone to Use
No GIS expertise required. Just upload
your data and get a clear, ranked list of
pipes to fix-plus maps, reports. and
funding-ready packages.
roI Speed to lnsight
Generate risk scores, rehab flags. and full
project scopes in under an hour. Skip
months of consultant reports and get
straight to actione SewerAI SUPER. HUMAN. RESULTS.
PI NEFB
pl NEER City ol Sequoia
1450 K 105 2.7 7-.4 2.O
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Customizable Risk Calculations
-
a- (o) \. Fueled by AutoCode Al
Seamlessly pulls Al-coded inspections trom
PIONEER, giving you the most accurate,
always-current risk predictions and rehab
priorities.
Collaboration, Bidding & Beyond
Plan projects, share data, and prepare bid
packages-so utilities, engineers, and
contractors stay on the same pageBreak the Planning
Bottleneck
Risk & Rehab by SewerAl
lnstantly delivers
Utilities are asked to justify millions in
infrastructure spend-without the staff,
time, or tools to do it. Capital planning
often relies on spreadsheets, GIS overlays,
and months-long consulting engagements
that quickly go stale.
. Full-system risk scores (customizable by utility)
. Prioritized rehab recommendations & cost
estimates
Budget scenarios and project phasing
Export and apply for federal funding (SRF/FEMA)
. Transparent, auditable logic-no black box
. subscription pricing \ miles of pipe-scaled tor
any budget
fhe resurt? Reactive break-fix budgets
and missed funding windows. Lower Risk- Better OutcomesC c 2025 SewerAl Corp All rights reserved
PI NEEB sewerat.com
How we Crlcirtarc Risl
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[email protected]|Jd. .l hllod t .iqt .nd w.lthll.a,
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The #l platform lor the underground inlrastructure ecosystem +l (855)-952-22oo I sales@sew€rai.com I www.sewerai.com SUPER. HUMAN. RESULTS.
I se*erAl
SewerAl Agreement For City of lmperial, CA
Prepared On: October 28,2025
Prepared For:
David Dale
City of lmperial, CA
420 South lmperial Ave.,
lmperial, CA,92251
[email protected]
(760) 3ss-3336
BACKGROUND
PIONEER@ by SewerAl is a cloud platform designed for sewer and stormwater inspection data management. All datasets and deliverables uploaded are hosted and made available on PIONEER@ cloud platform for review, edit, export (download) and digitally submit (via Digital Submittal).
Unlimited Cloud storage and Unlimited View Mode users are included for collaboration among all stakeholders. SewerAl also provides an On-Truck Solution that integrates with all major camera crawler manufacturers for inspection data capture and sync to PIONEER@, as well as the ability to create new survey headers and/or auto populate them from uploaded spreadsheets and/or GIS layers.
SewerAl AutoCoderM uses an Al-assisted process to facilitate rapid and accurate sewer and stormwater condition assessment, including PACP, LACP and MACP (Level ll). lnspection videos are initially processed through AutoCoderu Al-models that analyze the CCTV GoPro MAX, Digital Universal (DUC) Camera, and/or PANORAMO (Digital Sidescan) data, identifying regions in the pipeline images containing certain conditrons, such as features and defects. Predicted conditions made by AutoCoderu are aggregated into video clips, which SewerAl NASSCO P/M/LACP certified technicians examine for review and confirmation. Final deliverable from AutoCoderM includes a NASSCO database (Microsoft Access, .MDB) and additional industry-standard deliverables (such as Snaps, PDFs, and CCTV videos with on-screen annotation and audio narrations).
Sewer3DrM hamesses photogrammetry in a cloud-computing environment to render 3D models, point-clouds, and CAD-integrated geometric data from consumer-available 360 "action cameras".
Quality Assurance lnspection - QAIrM offers a set of comprehensive and customizable checks on CCTV datasets that evaluates various database integrity, project spec, and optical quality characteristics to support sewer inspection projects.
855-es2-2200 | --- .*::ii:ff 1'"![.Bll,il,?3i;3f
Page 'l of 6
Prepared By:
Marissa 0udt
SewerAl, Account Executive
1646 N California Blvd, Suite 510
Walnut Creek, CA 94596
[email protected]
SCOPE OF AGREEMENT
This proposal details an annual subscription which enables City of lmperial, CA to accelerate inspection operations more cost-effectively, while providing consistent and accurate deliverables to elevate the customer experience.
lncluded in this proposal is 1 (one) PIONEER@ Administrator license and 1 Editor licenses for use in the office to manage data.
Unlimited Cloud storage and Unlimited View Mode users are included with this license Also included is a pricing menu of other PIONEER@ licenses & Autocode'" Al Services on a no commitment pay as-you -go basis or volume commitment discounts should you choose to utilize those services.
PRICING SCHEDULE
Soft ware Subscription TOTAL:
SewerAl Corp I Walnut Creek, CA
855-952-2200 | www. sewerai.com I [email protected]
Item Description List Price Net Price Unit Disc. Total
P1 PIONEER@
Administrator
Seat
Sr 2,ooo.oo 1 Each 5% S1 1,4oo.oo
PIONEER@ Data &
Storage
lncluded lncluded Unlim ited Unlimited So.oo
P.4 PIONEER@ Viewer
Seat
lncluded lncluded Unlimited Unlim ited 0'/" So.oo
P.2 PIONEER@
lnspector / Editor
Seat
S6,ooo.oo S5,7oo.oo 1 Each 5?o ss,700.00
S17,1oo.oo
Software Subscription
Quantity
S1 r,4oo.oo
P5
Item Description List Price Net Price Unit Disc. Total
AS.P1 Autocode"
PACP / LACP
Annual Volume
Commitment
So.2s s0.23 63360 Linear
Feet
1lyo S14,s72.80
S14,s72.80
Annual Subscription Service
Pay-As-You-Go Services
Pay-As-You-Go ADD ON
Annual Subscription Service TOTAL:
Pay-As-You-Go Services TOTAL:
Pay-As-You-Go ADD ON TOTAL:
SewerAl Corp I Walnut Creek, CA
855-952-2200 | www.sewerai.com I [email protected]
Item Description List Price Net Price Quantity Disc. Tota I APS.1 Sewer3D* PayAs-You-Go
Manhole 3D
Model Rendering
& Al Assisted
Measurements
Ss.oo TBD Each lo/ So.oo
APPl AutoCode" PayAs-You-Go for
Mainline PACP or
Lateral LACP
So.oo TBD Linear
Feet
Eo/ So.oo
s0.00
Item Description List Price Net Price Unit Disc. Total
AutoCode" PayAs-You-Go ADDON for Mainline
PACP or Lateral
LACP (Beyond
Contracted
Quantity)
$o.zs So 2s Linear
Feet
ov. s0.00
$o.oo
Quantity
Unit
S4.7s
So.2s
Quantity
AS.PADD.1 TBD
Item Description List Price Net Price Quantity Unit Disc. Total Professional
Services -
Geodatabase
ss,000.00 s3,s00.00 1 307. s3,500.00
S3,5oo.oo
Pricing Totals:
Software Total: $1 7,1 00.00
Services Total: $14,572.80
Professional services TOTAL:
Discount Value/Credits:
1st Year Total: $35,172.80
AnnualTotal: $31,672.80
Contract Term: 12 Months
Grand Total: $35.172.80
EFFECTIVE DATE
This agreement is effective on the date it is signed
PAYMENT TERMS
Net 30. Please remit payments to:
SewerAl Corp
1 646 N California Blvd, Suite 5'l 0
Walnut Creek, CA 94596
PIONEER@ software subscription is invoiced Annualy
AutoCode" pay-as-you-go service is invoiced monthly, as used.
AutoCode'" annual subscription service is invoiced Quarterly, as contracted or used - whichever is higher.
!MPLEMENTATION
SewerAl and City of lmperial, CA will agree to meet as frequently as necessary to ensure project success for the duration of the first l2 months of the agreement.
Discounts:
Credits:
$-3,667.20
0 SewerAl Corp I Walnut Creek, CA
855-952-2200 I www.sewerai.com I [email protected]
PRO.1
Professional Services
Turnaround time for NASSCO PACP/LACP deliverables will not exceed 10 business days from the time of upload of datasets from newly captured inspections. ln the event City of lmperial, CA elects to commit to an annual volume of 600,000 linear feet or more of AutocodeTM, then the turnaround time will not exceed 5 business days.
Turnaround time for NASSCO MACP deliverables will not exceed 10 business days from the time of upload of datasets from newly captured inspections.
Turnaround time for QAITM and Sewer3DTM will not exceed 2 business days from the time of upload of datasets from newly captured inspections.
Marketing: Both sides will make reasonable efforts on co-marketing initiatives (i.e., press releases, project spotlights, use cases, white papers, videos, referrals). SewerAl will not do any PR without written approval from City of lmperial, CA.
Pro-rata lmplementation: lt is expressly understood that implementation of additional lnspector (Editor) Seat licenses as well as On-Truck (Field) Uploader Seat licenses are subiect to an implementation schedule wherein pro-rata billings for items may occur. When ltems listed in the pricing schedule above are implemented they become billable on a pro-rata basis, such that the contract term of this agreement remains unchanged.
Terms of Service: This order for City of lmperial, CA will be governed by the SewerAl Terms of Service, located at the URL hereto: www.sewerai.com/terms
AUTOMATIC RENEWAL W]TH NOTIFICATION OF PRICE CHANGE
This agreement will automatically renew to ensure uninterrupted provision of our services and to facilitate effective planning for both parties. Unless City of lmperial, CA provides written notice of their intent to terminate the agreement at least 30 days prior to the end date of the current agreement term, the contract will be renewed for an additional year. Should there be any changes to the pricing terms upon renewal, SewerAl will issue a written notice to City of lmperial, CA informing them of the updated pricing at least 60 days prior to the end date of the current agreementProprietary means and methods employed, developed, improved and/or invented by SewerAl (including artificial intelligence, machine learning, algorithms, source code, scripts, schema or any other web-based tools) used in provision of certain "work products" or deliverables such as described above in Background and Scope of Order are not defined as "work products". Any means and methods employed, developed, improved, and/or invented by SewerAl through execution of the 855-e52-22oor---i#:ji:"T',t"#:,1!:!3:?:[31
Service Levels (if applicable):
SEWERA! EXCLUSIONS
Scope of Order are separate from Scope of Order, and will remain the sole property of SewerAl during the term, and after the term, of this Order.
Not included in the prices stated in this Order are the items listed below. lf needed or found to be applicable, these items would be provided by SewerAl at an additional cost; or would be furnished by others, at your direction, at no cost to SewerAl.
''l
. Retention / Retainage of funds by Owner and client to Customer
2. Pay-when-paid terms
3. Liquidated Damages
4. Payment and Performance bonds
5. lnsurance Requlrements Beyond SewerAl's Standard Coverage
APPROVAL & AUTHORITY TO PROCEED
SewerAl Corp I Walnut Creek, CA
855-952-2200 | www.sewerai.com I [email protected]
N ame
Title:
Signature:
Email:
Date
AP Contact Name
AP Contact email
Schedule of ltems Selected
(if applicable)
This agreement and the pricing, terms, and scope described expire after 11/5/2025.
I have read and understood this agreement, and I accept and agree to all of its terms and conditions.
I enter into this agreement voluntarily, with full knowledge of its effect:
DocuSEn Envelope lD 885DF56&3C43-4D6tgcC5-140CF2FFgFFE
H.GAC
Houston-Galveston Area Council
P.O. Box 22777 ' 3555 Timmons . Houston. Texas 77227-2?77 Cooperative .\greement - Contract - Sewerai Corporation - Public Sen'ices - ID: tl;tt7 - SC06-2{
MASTER GENERAL PROVISIONS
This Master Agreement is made and entered inlo, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane. Suite 120.
Houston, Texas 77027 and Serverai Corporation, hereinafter referred to as the Contractor, having its principal place ofbusiness at 2815 Mitchell Drive. Suite 215. Walnut Creek, CA 94598.
WITNESSETH:
WHEREAS, H-CAC hereby engages the Contractor to perform certain services in accordance with the specifications ofthe Master Agreement; and
NOW. THEREFORE. H-GAC and the Contractor do hereby agree as follows ARTICLE I: LEGAL AUTHORITY
The Contraclor warrants and assures H-GAC that it possesses adequate legal authoriry to enter into this Master Agreement. The Contractor's goveming body, where applicable, has authorized the signatory official(s) to enler into this Master Agreement and bind the Contractor to the terms ofthis Master Agreemenl and any subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Conlractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures. applicable rules. regulations, directives, standards, ordinances, and laws, in effect or promulgated during the tcrm ofthis Mastcr Agreement. including without limitation, workers' compensation Iaws, minimum and marimum salary and wage statutes and regulations. and licensing laws and regulations. When required, the Contractor shall fumish H-GAC with satisfactory proofofis compliance therewith.
ARTICLE 4: INDEPEN DENT CONTRACTOR
The execution of this Master Agreement and the rendering ofservices prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision ofthis Master Agreement or act ofHGAC in performance of the Master Agreement shall be construed as making the Conractor the agent. servant, or employee of H-GAC, the State ofTexas. or the United States Govemment. Employees ofthe Contractor are Pago I of l3
WHEREAS. the Conlractor has agreed to perform such services in accordance with the specifications ofthe Master Agreement;
ARTICLE 3: PTJBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part ofa submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-CAC according to open records laws, requirements ofthe US Department ofLabor and the State ofTexas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions ofthe response are nol subject to the Texas Public Information Act, it shall so; however, the determination ofthe Texas Attorney General as to whether such information musl be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only ifContractor bears all costs for preparation ofthe submission- H-GAC is nol responsible for the retum ofcreative examples ofwork submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent oflhe contractor by parties other than H-GAC. at any time during the evalualion process.
DocuSrgn Envelope lD 885DF563-3C43-4D65-9CCt140CF2FFgFFE ARTICLE 5: ANTI-COMPETITryE BEHAVIOR
Contractor will not collude. in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.
ARTICLE 6: SUSPENSI ON AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and I 2689) - A contract award (2 CFR 180.220) must not be made 1o parties listed on the government-wide exclusions in the System for Award Managemenl (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p.235). "Debarment and Suspension." SAM Exclusions contains the names of parties debaned, suspended, or otherwise excluded by agencies. as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Pursuant to the Federal Rule above. Respondent certifies that neither it nor its principals are presently debarred. suspended. proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal depaftment or agency or by the State ofTexas and at all times during the term ofthe Contract neither it nor its principals will be debarred. suspended, proposed for debarment, declared ineligible. or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-CAC ifat any time the Respondent leams that this certification was erroneous when submined or has become erroneous by reason of changed circumstances. H-GAC may rely upon a cenification of the Respondenr that rhe Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the cenification is erroneous.
ARTICLE 7: (iO L FoR CONTR{C'TING WITH SMALL AND MINORITY BUSINE SEs. woMEN'S SE AND LABOR S AREA FIRNIS if subcontracts
H-GAC's goal is to assure that small and minority businesses, women's business enterprises. and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of2 CFR $200.321, ifsubcontracts are to be let, the prime conractor must take the afflrmative steps listed below:
l. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potenlial sources;
3. Dividing total requirements. when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women's business enterprises:
4. Establishing delivery schedules. where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;
5. Using the services and assistance as appropriate. ofsuch organizations as the Small Business Administration and the Minority Business Development Agency ofthe Depanment ofCommerce.
6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting t1 trn ide/ nm subcontracting
//rvrvrv. s ba.
NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvanraged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.
Contractor agrees to work lvith and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, process€s, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that arl active participatory role for a DBE enti$ r'as subject to the exclusive control and supervision ofthe Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.
Doc!Srgn Envelope lD A850F563-3C4&4D65-9CCtl40CF2FFgFFE considered in a procurement transaction, etc.
ARTICLE fl: SCOPE OF SERVICES
The services 1o be performed by the Contractor are outlined in an Attachment to this Master Agreement ARTICLE 9i PERTORMANCE PERIOD
This Masler Agreement shall be performed during the period which begins Jun 0l 2024 and ends May I I 2028. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21. which shall be fully executed by both parties to this Master Agreement.
.{RTICLE l0: P.{YMENT OR FUNDING
Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date ofa contract. or any expenses incurred after the termination date ofthe contract.
ARTICLE tl: PAYMENT FORWORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance ol the goods or completion ofthe services ard submission ofthe subsequenr invoice.
TICLE I{; INS E
Contractor shall maintain insurance coverage for work perlbrmed or services rendered under this Masler Agreement as outlined and defined in the attached Special Provisions.
ARTICI,E I5: SUBCONTRACTS ANI) ASSIGNMENTS
Except as may be set fonh in the Special Provisions, the Contractor agrees not to assign, transfer, convey. sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-CAC. The Contractor acknowledges thal H-GAC is not liable to any subcontractor or assignee ofthe Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions ofthis Master Agreement as if the performance rendered was rendered by the Conractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance ofthe work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that ofContractor's subcontractors, with any laws or regulalions.
ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any lransaction under this Master Agreement, such audit may be performed by the H-GAC local government audit stafi a cenified public accountanl firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and Pase 3 of 13
ARTICLE T2: PAYMENT TERMS/PRE-PAYMENT/OUANTITY DISCOUNTS lfdiscounts for accelerated payment, pre-payment, progress payment, or quantity discouns are offered, they must be clearly indicated in the Contractor's submission prior to contract award. The applicability or acceptance of these terms is at the discretion ofthe Customer.
ARTICLE T]: REPORTING REOUIREMENTS
If the Conlraclor fails to submit to H-GAC in a timely and satisfaclory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder. H-GAC may terminate this Master Agreement with notice as identified in Article 29 ofthese General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination ofthis Master Agreement for failure lo perform may affect Contractor's ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement.
DocuSEn Envelope lD 885DF563-3C43-4D65-9CC5-140CF2FFgFFE agrees that the Conractor shall be liable to the H-GAC for any findings that result in monetary obligations to HGAC.
ARTICLE I7: TAX EXEMPT STATUS
H-GAC and Customer members are either units ofgovernment or qualified non-profit agencies, and are generally exempt from Federal and State sales. excise or use taxes. Respondent must not include taxes in its Response. It is the responsibilify ofContraclor to determine the applicability ofany taxes to an order and act accordingly.
Exemption certificates will be provided upon request.
ARTICLE I8: EXAMINATION OF RECORDS
The Contractor shall maintain during the course ofthe work complete and accurate records ofall ofthe Contractor's costs and documentation of items rvhich are chargeable to H-GAC under this Master Agreement. HGAC. through its staff or designated public accounting firm. the State ofTexas. and United States Govemment. shall have the right at any reasonable time to inspect, copy and audit those records on or olTthe premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period. but shall last as long as the records are retained. Failure to provide access to records may be cause for termination ofthe Master Agreement. The records to be thus maintained and retained by the Conlractor shall include (without limitation): ( I ) personnel and payroll records, including social security numbers and labor classifications. accounting for total time distribution ofthe Contractor's employees rvorking full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence ofdisbursement ofpayroll payments; (2) invoices for purchases, receiving and issuing documents. and all other unit inventory records for the Contractor's stocks or capital items; and 13) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.
Contractor agrees that H-CAC will have the right. with reasonable notice, to inspect its records penaining to purchase orders processed and the accuracy ofthe fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this anicle shall be included in all subcontractor or third-party Master Agreements.
ARTICLE I9: RETENTION OF RECORDS
The Contractor and its subconlractors shall maintain all records pertinent to this Masler Agreement. and all olher financial, statistical. property, participant records, and supponing documentation for a period ofno less than seven (7) years from the later ofthe date ofacceptance ofthe final payment or until all audit findings have been resolved Ifany litigation. claim, negotiation. audit or other action involving the records has been started before the expiration ofthe retention period, the records shall be retained until completion ofthe action and resolution ofall issues which arise from it. or until the end ofthe seven (7) years, whichever is later. and untilany outstanding litigation. audit. or claim has been fully resolved.
ARTICLE 2I: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms ofthis Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.
B. To ensure the legal and effective performance ofthis Master Agreement. both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and Page ,l of l:,
ARTICLE 20: DISTRIBUTORS. VENDORS. RESELLERS
Contractor agfees and acknowledges that any such designations of distributors, vendors. resellers or the like are for the convenience ofthe Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance ofany designated distributor. vendor. reseller. etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor. vendor, reseller, etc. to complete the sale or service.
H-GAC reserves the right to reject any entity acting on the Contractor's behalfor refuse to add entities after a contract is awarded.
Doc!Sign Envelope lDr 885DF563.3C43-4D65-9CCtl40CF2FFgFFE that all such amendments must be in writing. After a period ofno less than 30 days subsequent to written notice, unless sooner implementation is required b1'law. such amendments shall have the effect of qualifying the terms ofthis Master Agreement and shall be binding upon the panies as if written herein.
Customers have the right to issue a change order to any purchase orders issued to the Conractor for the purposes ofclarification or inclusion ofadditional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy ofthe Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.
ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item. that item will automatically be considered deleted from the contract with no penalty to Conlractor. However. H-GAC may at its sole discretion elect to make a conlract award to the nexl lowest Respondent for the item. or take any other action deemed by H-GAC, at its sole discretion. to be in the best interests of its Customers. lf a manufacturer makes any kind ofchange in a contracted item which affects the contract price.
Contractor musl advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion.
Ifthe change is rejected- H-CAC will remove the item from its program and there will be no penalty to Contractor. However, H- GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item. or take any other action deemed by H-GAC. at its sole discretion, to be in the best interests of its Customers.
C. Ifa manufacturer makes any change in a contracted item which does not affed ihe contract price, Contractor shall advise H-GAC ofthe details. If the'new' item is equal to or better than the originally contracled item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for lhe item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.
D. In the case ofspecifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Conlractor must still provide written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.
ARTICLE 2J: COfiTRA PRICE ADJUSTMENTS
Price Decreases
IfContractor's Direct Cost decreases at any time during the full term ofthis award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount ofthe decrease in Direct Cost. (Direct Cost means Contractor's cost from the manuFacturer ofany item or ifContractor is the manufacturer. lhe cost ofraw materials required to manufacture the item, plus costs oftransponation from manufacturer to Contractor and Contractor to H-GAC. Contractor musl notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC's receipt ofContractor's notice. [fContractor routinely offers discounted contracl pricing. H-GAC may request Contractor accept amended contract pricing equivalent to the roulinely discounted pricing.
Price Increese
Contractors may request a price increase for items priced as Base Bid items and Published Options. The amount of any increase rlill not exceed actual documented increase in Contractor's Direcl Cost and will not exceed l07o of the previous bid price. Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges or other governmental actions, or other economic factors. Manufacturer price/contract changes involving the sale of motor vehicles will be considered and may be allowed during the entire contract C
I]
DocuS€n Envelope lD B85DF56}.3C43-4D6t9CC5-1,tocF2FF9FFE period subject to submission and verification oithe proper documentation required for a contract change as referenced in this section.
Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g., 'surcharge', 'adjustment', 'equalization charge', 'compliance charge', 'recovery charge', etc.), arc also considered to be price changes.
For published catalogs and price sheets as part of an H-GAC coniract, requesls to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacrurer publishes a new document.
The request must include the new catalog or price sheet. All Products shall. at time of sale, be equipped as required under any then cunent applicable local. state, and federal govemment requirements. Il, during any contract, changes are made to any government requirements which cause a manufacturer's costs ofproduction to increase.
Contractor may increase pricing to the extent ofContractor's actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date ofany sale are the responsibility ofthe Customer.
Requesting Price Increase/Required Documentation
Contractor must submit a written overview ofchanges requested and reasons for the request, stating the amount of the increase. along with an itemized list ofany increased prices, showing the Contractor's current price, revised price. the actual dollar difference and the percentage ofthe price increase by line item. Price change requests must be supported with substantive documentation (e.g., notices from suppliers and manufacturers of pricing changes in products, components, transporlation, raw materials or commodities, and/or product availability, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid.
The Producer Price Index (PPI) may be used as partialjustification, subject to approval by H-GAC, but no price increase based solely on ar increase in the PPI will be allowed. This documentation should be submined in Excel format Io facilitate analysis and updating of the website. The letter and documenlation must be sent Io Lead Program Coordi nator,.i4tr9s,[email protected].
Review/Approval of Requests
If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-CAC does not approve Contractor's price increase. Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor's only remedy if tl-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.
ARTICI,E 2,I: DEI,IVE,RTES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Dclivery made without such Purchase Order will be at Contractor's risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item rvithin five (5) rvorking days. or as agreed to on any corresponding customer Purchase Order.
Shipping must be Freight On Board Deslination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor. The Cuslomer will notiry the Contractor and H-CAC promptly ofany damaged goods and will assist the Contractor in arranging for inspection. The Contactor must file all claims for visible or concealed damage. Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise.
ARTICLE 25: RESTOCKTNG (EXCHANGES AND RETL.IRNS)
There rvill be no restocking charge to the Customer for retum or exchange ofany item purchased under the terms ofany award. lfthe Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items. with no additional charge incurred. Items must be retumed to Contractor within thirty (30) days from date of delivery. Ifthere is a difference in price in the items exchanged. the Contractor must noti8 H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for
DocuSqn Envelope lD B85DF563.3C43-4D65-9CCt'l40CF2FF9FFE any decrease in price per Customer's preference. On items retumed. a credit or cash refund will be issued by the Contractor to Customer. This retum and exchange option will extend for thiny (30) days following the expiration ofthe term ofthe Contract. AII items retumed by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be retumed only upon approval ofthe Contractor.
ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (l) copy ofa safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.
ARTICLE 27: OUT OF STOCK. PRODUCT RECAL LS. AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings. such as Out of Stock or Discontinued Notices, Safety A lerts, Safety Recall Notices. and customer surveys, are sent directly 1o the Customer with a copy sent to H-GAC.
Customcr will have the option ofacccpting any equivalent product or canceling the item from Customer's Purchase Order. Contractor is not authorized to make substitutions without prior approval.
ARTICLE 2t: WA RRANTIES, SALES. AND SERVICE
Warranties must be the manufacturer's standard and inclusive ofany other warranfy requirements stated in the Master Agreement: any warranties offered by a dealer will be in addition to the manufacturer's standard warranty and will not be a substitute for such. Pricing for any product must be inclusive ofthe standard warranty.
Contractor is responsible for the execution and effectiveness ofall product waranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.
ARTICLE 29: TERI}IINATION PROCEDURES
The Contractor acknowledges that this Master Agreement may be terminaled for Convenience or Default.
H-GAC will not pay for any expenses incurred after the termination date ofthe contract.
A. Convenience
H-GAC may terminate this Master Agreement aI any time. in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC. by providing written notice by cenified mail to the Contractor. Upon receipt ofnotic€ of terminalion, all services hereunder ofthe Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Master Agreement upon submission of thiny (30) days rvritten notice, presented to H-GAC via cenified mail. The Contractor may not give notice ofcancellation after it has received notice of default frorn H-GAC.
Pase 7 of 13
B. Default
H-GAC may, by written notice ofdefault to the Contractor, terminate the whole or any pan ofthe Master Agreement. in any one ofthe following circumstances:
(l) [fthe Contractor fails to perform the services herein specified within the time specified herein orany extension thereof; or
(2) tfthe Contractor fails to perform any of,the olher provisions ofthis Master Agreemenl for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion ofservices herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten ( l0) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving wrifien notice by cenified mail of default from H-GAC.
(3) In the event ofsuch termination. Contractor will notiry H{AC ofany outstanding Purchase Orders and H-GAC will consuh with the End User and notify the Contractor to what extent the End User wishes the DocuSrgn Envelope lD 885DF563-3C434D65.gCCtl40CF2FFgFFE ARTICLE 30: SEVERABILITY
H-GAC and Contractor agree thal should any provision ofthis Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term ofthis Master Agreement, which shall continue in full force and effect.
ARTICLE 32: CONFLICT OF INTEREST
No oflicer, member or employee ofthe Contractor or Contractors subcontractor, no member ofthe goveming body of the Contractor, and no other public officials of the Contractor who exercise any llnctions or responsibilities in the review or Contractor approval of this Master Ageement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest. direct or indirect, in this Master Agreement.
A. Conflict of Interest Ques]jonlailci Chapter 176 ofthe Texas Local Govemment Code requires contraclors contracting or seeking to contract with H-CAC to file a conflict-of-interest questionnaire (CIQ) ifthey have an employment or other business relationship with an H-GAC officer or an officer's close family member.
The required questionnaire and inslructions are located on the H-GAC website or at the Texas Ethics Commission website httos://www.ethics.state tx. us/form s/CIO.odf. H-GAC officers include its Board of Directors and Executive Director. who are listed on this website. Respondenl must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer's close family member as defined in the law exists.
B. Certilicate of Interested Partics Form - Form 1295: As required by Section 2252.908 of the Texas Covemment Code. H-GAC will not ent€r a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the conract H-GAC. or (ii) the Contractor is exempt from such requirement. The required form and instructions are localed at the Texas Ethics Commission website httDS://www ethics-state-tx.us/whatsnew/elf info form | 295.htm Respondents who are awarded a Contracl musl submit their Form 1295 with the signed Contract to H-GACARTICLE 33: FEDER,{L COMPI,IANCE Contractor agrees to comply with all federal statutes relating to nondiscrimination. labor standards. and environmental compliance. With regards to "Rights to Inventions Made Under a Contract or Master Agreement," If the Federal award meets the definition of "funding Master Agreement" under 37 CFR $ 401 .2 (a) and the recipient or subrecipient wishes to enter into a conftact with a small business firm or nonprofit organization regarding the substirution ofparties, assignment or performance ofexperimental, developmental, or research work under thal "funding Master Agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401. "Rights to Inventions Made by Nonprotit C)rganizations and Small Business Firms Under Coyernment Grants, Conlracts and Cooperative Master Ag,reements," and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II.
Addilionally, for work to be performed under the Master Agreement or subcontracl thereof, including procuremenl of materials or leases ofequipment. Contractor shall notify each potential subcontractor or supplier ofthe Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI ofthe Civil Righls Act of 1964 (P.L. 88-352) which prohibis discrimination on the basis ofrace. color or national oriSin; (b) Title IX ofthe Educarion Amendments of 1972. as amended (20 U.S.C. $$ l68l - 1683. and 1685-1686). which prohibits discrimination on the basis ofsex: (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.). (d) Pase 8 of l3
Conlractor to complete the Purchase Order. IfContractor is unable to do so, Confactor may be subject to a claim for damages from H-GAC and/or the End User.
ARTICLE 3I: FORCE MAJEURE
To the extent that either pany to this Master Agreement shall be wholly or partially prevented tiom the performance ofany obligation or duty placed on such party by reason ofor through strikes, sloppage oflabor. riot. fire, flood. acls ofwar. insurrection, accident, order ofany coun. act ofGod. or specific cause reasonably beyond the pany's control and not attributable to its neglect or nonfeasance. in such event. the time for the performance of such obligation or duty shall be suspended until such disabiliry to perform is removed. Determination of force majeure shall rest solely with H-GAC.
DocuSgn Envelope lD: 885DF563-3C43-4D65-9CC5.l40CF2FFgFFE Section 504 ofthe Rehabilitation Act of 1973, as amended (29 U.S.C. $ 794), which prohibits discrimination on the basis ofhandicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974. as amended (42 U.S.C. $$ 6l0l-6107). which prohibits discrimination on the basis ofagei (0 the Drug Abuse Office and Treatment Act of 1972 (P.L.92- 255), as amended. relating to nondiscrimination on the basis ofdrug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation Act of 1970 (P.L. 9l-616), as amended, relating to the nondiscrimination on the basis ofalcohol abuse or alcoholism; (h) $$ 523 and 527 ofthe Public Health Service Act of l9l2 (42 U.S.C. 290 dd-3 and 290 ee-3). as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII ofthe Civil Righls Act of 1968 (42 U.S.C. g 3601 er seq.). as amended, relating to nondiscrimination in the sale. rental or financing of housing; O any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement: (k) the requirements ofany other nondiscrimination statute(s) which may apply to this Master Agreement: (l) applicable provisions ofthe Clean Air Act (42 U.S.C. 97401 et seq.), the Federal Water Pollution Control Acr. as amended (33 U.S.C. g l25l er seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order I I 738, and the Environmental Protection Agency regulations at 40 CPR Pan l5; (m) applicable provisions ofthe Davis- Bacon Act (40 U.S.C. 276a - 276a7). the Copeland Act (40 U.S.C. 276c). and the Contract Work Hours and Safety Standards Acr (40 U.S.C. 327- 332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to enerry efficiency which are contained in the state energr conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).
ARTICLE 3{: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VTDEO SURVEILLANCE EOUIPMENT .EFFECTIVE AUG. 13, 2O2O AND AS AMEND E I) ocToBER 26. 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipmenl or services as a substanlial or essential component ofany system, or as critical technolory as part ofany syslem. Covered telecommunications equipment or services means I ) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of governmenl facilities, physical security surveillance ofcritical infrastructure, and other national security purposes. video surveillance and telecommunications equipmenl produced by Hytera Communications Corporation. Hangzhou Hikvision Digital Technolory Company. or Dahua Technolory Company (or any subsidiary or affiliate ofsuch entilies)i 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or sewices produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National lntelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the govemment ofa covered foreign country. Respondent must comply with requirements for cerlifications. The provision at 48 C.F.R Section 52.204-26 reqires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisirion threshold and to acquisitions of commercial items, including commercially available offthe-shelf items.
ARTICLE, s5: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the exlent consistent with law, rvhen using federal grant award funds H-GAC should. to the greatest extent practicable. provide a preference for the purchase. acquisition. or use of goods. products. or materials produced in the United States (including but not Iimited to iron. aluminum. steel, cement, and other manufactured products). H-GAC must include this requiremenl in allsubawards including all contracts and purchase orders for work or products under the federal grant award. IfConlractor intends to qualify for Purchase Orders using federal granl money, then it shall work with H-GAC to provide all required cenifications and other documentation needed to show compliance.
ARTICLE 36: CRIMINAL P OVISIONS AND SANCTIONS
The Contraclor agrees to perform lhe Masler Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State ofTexas, and the acts and regulations ofany related state or federal agency.
The Conlractor agrees to promptly notiry H-GAC ofany actual or suspected fraud, abuse. or other criminal activity through the filing ofa written report within twenly-four (24) hours ofknowledge thereof. Conrractor shall notify H-GAC ofany accident or incident requiring medical attention arising from its activities under this Master Page I of lJ
DocuSrgn Envelope lD 885DF563-3C43-4D65-9CC5-l40CF2FFgFFE Agreement within rwenty-four (24) hours ofsuch occunence. Theft or willful damage to property on loan to the Contractor from H-GAC. ifany, shall be reponed to local law enforcement agencies and H-GAC within two (2) hours ofdiscovery ofany such act.
The Contractor further agrees Io cooperate fully with H-GAC, local law enforcemenl agencies, the State ofTexas. the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.
The Contractor shall notiry H-GAC ofthe threat of lawsuit or ofany actual suit filed against the Conlractor pertaining to this Master Agreement or which would adversely affect the Contractor's ability to perform services under this Master Agreement.
ARTIC LE 37: INDEMNIFICATION AND RECOVERY
H-GAC's liability under this Master Agrccment, whether for breach ofcontract. warrant-v, negligence, strict liability. in tort or otherwise, is limited to its order processing charge. [n no event will H-GAC be liable for any loss ofuse, loss of time. inconvenience. commercial loss, lost profits. or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Conractor agrees, to the extent permitted by law. to defend and hold harmless H-GAC. its board members, officers. agents, ofllcials. employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action. judgements. and liens arising as a result of Contractor's negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.
CLE 38: LIMIT N OF CONTR,{CTOR'S LI ItExcept as specified in any separate writing between the Conractor and an END USER. Contractor's totalliability under this Master Agreement. whether for breach ofcontract. warranty. negligence, strict liability. in ton or otherwise, but excluding its obligation to indemnify H-GAC. is limited to the price ofthe particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. ln no event will Contractor be liable for any loss ofuse. loss of time, inconvenience, commercial loss. loss of profits or savings or other incidental. special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent audilors, or any agency ofState or Federal government to have been paid in violation ofthe terms of this Master Agreement.
ARTICLE {0: JOIN WORK PRODUCT
This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and. in the event ofany ambiguities. no inferences shall be drawn against any party.
ARTICLE {I: PROCUREMNNT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 ofthe Solid Waste Disposal Act. as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: ( I ) procuring only items designated in guidelines ofthe Environmental Protection Agency (EPA) at 40 CFR parl247 thar contain the highest percentage ofrecovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price ofthe item exceeds $10,000 or the value ofthe quantitl acquired during the preceding fiscal year exceeded $ 10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. $ 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the Page l0 of l3
ARTICLE 39: TITLES NOT RESTRICTryE
The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive ofthe subject matter ofany Article. or part oflhis Master Agreement.
Docusgn Envelope lD B85DF56!3C43-4D65-9CC5-l40CF2FFSFFE performance ofthe Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.
ARTICLE ,I2: COPELAND *ANTI.KICKBACK" ACT
Contractor shall comply with I 8 U.S.C. S 874. 40 U.S.C. g 3 145. and the requirements of 29 C.F.R. pr. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency insrructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subconracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all ofthese contract clauses. A breach ofthe contract clauses above may be grounds for termination ofthe Contract. and for debarment as a contractor and subcontractor as provided in 29 C.F.R. $ 5.1 2.
ARTICLE 43: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination These include. but are not limited to:
a) Tille VI ofthe Civil Righ$ Act of 1964 (P.L. 88-352). which prohibits discrimination on the basis of race, color. or national origin;
b) Tide IX ofthe Education Amendmenrs of 1972. as amended (20 U.S.C. $$1681-1683, and 1685-t686), rvhich prohibits discrimination on the basis of sex;
c) Section 504 ofthe Rehabilitation Act of 1973, as amended (29 U.S.C. $794), which prohibits discrimination on the basis ofhandicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. $56l0l- 6107), which prohibirs discrimination on the basis ofage;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L.92-255), as amended, relating to nondiscrimination on the basis ofdrug abuse;
fl The Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation Act of | 970 (P.L. 9l-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism:
g) Sections 523 and 527 of the Public Health Service Acr of l9l2 (42 U.S.C. !$290 dd-3 and 290 ee-3), as amended. relating to confidentiality ofalcohol and drug abuse patient records; h) Title VIII ofthe Civil Rights Act of 1968 (42 U.S.C. gg360l et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and j) The requirements ofany other nondiscrimination statute(s) that may apply to the application.
ARTICLE 44: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.
For the purposes ofthis Section, "drug-frec" means a worksite at which employees are prohibited from engaging in the unlawful manufacture. distribution, dispensation, pnssession. or use ofa controlled substance. H-GAC may request a copy ofthis policy.
ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it arvards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.
ARTICLE 46: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions musl include proofof licensing if using third party code for programming.
ARTICLE {7: DATA HANDLING AND SECURITY
It will always be the responsibility ofthe selected Contracror to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data. products, and deliverables.
Pagellof13
DocuSrgn Envelope lD 885OF56&3C43-4D65-9CC5l40CF2FFgFFE ARTICLE {E: DISPT:TES
All disputes concerning questions offact or oflaw arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof. shall be decided by the Executive Director ofH-GAC or his designee, who shall reduce his decision to writing and provide notice thereofto the Contmclor. The decision ofthe Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date ofreceipt ofsuch notice. the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of is position. The decision ofthe Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so. appeal the final and conclusive decision ofthe Executive Director to a court of competent jurisdiction. Pending final decision ofa dispute hereunder, the Contractor shall proceed diligently with the performance ofthe Master Agreement and in accordance with H-CAC's final decision.
ARTICLE .19: CHOI E OF LAW: VENUE
This Master Agreement shall be govemed by the laws ofthe State ofTexas. Venue andjurisdiction ofany suit or cause ofaction arising under or in connection wilh the Master Agreement shall lie exclusively in Harris Counry, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules ofthe state ofpurchase. Contractor shall immediately notify H-GAC ofsuch disputes.
ARTICLE 50: ORDER OF PRIORITI'
ln the case of any conflict between or within this Master Agreement, the following order ofpriority shall be utilized: I ) General Provisions, 2) Special Provisions, 3) Scope of Work. and 4) Other Attachments.
ARTICLE 5l: \\'IIOLE ASTER AGRT]ENIENT
Please note, this is an H-GAC Master Agre€ment template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided, The Master General Provisions, Master Special Provisions. and Attachments. as provided herein. constitute the complete Master Agreement between the parties hereto. and supersede any and all oral and written Master Agreements between the parlies relating to maners herein. Except as othenvise provided herein. this Masler A8,reement cannot be modified wilhout written consent ofthe panies.
ARTICLE 5J: PROCUREMENT OF RECOVERED MATE,RIALS
In accordance with 2 CFR 200.313, the Houston-Galveston Area Council and the Contractor or Subrecipient must Page l2 of I il
ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTf,M FOR AWARD MANAGEMENT (SAM) ln accordance with 2 CFR Title 2. Subtitle A, Chapter [, Part ?5 as it applies to a Federal awarding agency's Srants. cooperative agreements, loans. and other types of Federal financial assistance as defined in 2 CFR 25.406.
Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entify has complied rvith the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration (w\rw.SAM.qov) with cunent information (other than any requirement lhat is not applicable because the entity is exempted under $ 25.1 l0). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting en application or plan; and maintain an active SAM registration rvith current information, including information on a recipient's immediate and highest level owner and subsidiaries. as rvell as on all predecessors that have been awarded a Federal contract or $ant within the last three years. ifapplicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency: and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and updale its information in the SAM database on an annual basis from the date of inilial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, ifthe intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information. the Federal awarding agency: ( I ) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant.
DocuSrgn Envelope lD 885DF563-3C43-4D6tgcC5-140CF2FFgFFE comply wilh section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: ( I ) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable. consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value ofthe quantity acquired during the preceding fiscal year exceeded $10.000; (2) procuring solid wasle management services in a manner that maximizes energr and resource recovery; and (3) establishing an affirmative procurement program for procurement ofrecovered materials identified in the EPA guidelines. Pursuanl to the Federal Rule above. as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. $ 6962(c)(3XA)(i)), the Conractor or Subrecipient certifies that the percentage ofrecovered materials content for EPA-designated items to be delivered or used in the performance ofthe Agreement will be at least the amount required by the applicable contract specifications or olher contractual requirements.
SIGNATT]RES:
H-GAC and the Contractor have read. agreed. and executed the whole Master Agreemenl as ofthe date first written above. as accepted by:
Sewerai Corporation
W:''a''lvl
William J Gilmanin, IV
CRO
sl20l2o24
Signature ,*u,u.f,
Name
Title
Dale
S
Name
Tirle
Date
42ec270D51x1173
Chuck Wemple
Executive Director
s/2012024
H-GAC
Pase 13 ol lll
DocuSgn Envelope lD 885DF553-3C43-4D65-9CC5-140CF2FFgFFE H-GAC
Houston-Galveston Ares Couocil
P.O.Bot22717 '3555 Timmons Houston, Texas 77227-2777
Coopelative -\greemeirt - Contract - Scwelai Corporation - Public Services - lI): 12,587
MASTER SPECIAL PROVISIONS
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing, Any redlines to this Master Agreement may not be reviewed.
Incorporated by attachment. as part ofthe whole Master Agreemenl. H-GAC and the Contractor do. hereby agree to the Master Special Provisions as follows:
ARTICLE 2: E D TISE,R MASTER AGRI],E,]IIENTS (*EUA")
H-GAC acknowledges rhat the END USER, which is the HGACBuy customer utilizing the contract (CUSTOMER and END USER may be used interchangeably) may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement. A CUSTOMER/END LISER is a state agency. county. municipality. special district. or other political subdivision ofa state. or a qualifuing non-profit corporation (providing one or more governmental function or service that possess Iegal authority to enter into the Contract. The term of the EUA may exceed the term of the current H-GAC Master Agreement.
H-GAC's acknowledgement is not an endorsement or approval of the End User Master Agreement's terms and conditions. Contractor agrees not to offer, agree to or acc€pt from the CUSTOMER/END USER, any terrns or conditions thal conflict with those in Contractor's Master Agreement with H-GAC. Contractor affirms that termination of its Master Agreement with H-GAC for any reason shallnot result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA's stated terms and duration.
Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contracror from entering into any new EUA with CUSTOMER//END USER. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs. surviving termination of this Master Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FA\,oRF-D ('I'STOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure ofentering into Master Agreements with other governmental customers within the State ofTexas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices. warranties, benefits. and or terms more favorable than those provided to H-GAC, Contractor shall notifi H-GAC \t'ithin ten ( l0) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended. to the efl'ective date ofContractor's most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties. benefits, or terms to H-GAC and its CUSTOMER/END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. IfContractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall. within ten ( l0) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid Page I of E
ARTICLf, I: BIDS/PROPOSALS INCORPORATED
In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor's Response to the Bid/Proposal.
DocuSEn Envelope lD 885DF563-3C43-4D65-9CCtl40CF2FFgFFE offbr is not in fact most favored treatment. H-GAC, after due consideration ofContractor's written explanation. may decline to accept such explanation and thereupon this Master Agreement bet\,!'een H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date ofthe most favored Master Agreement, to provide the same prices, warranties, benefits. or terms to H-GAC and the CUSTOMER/END USER.
EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor. r,l'hich are not within bidder's/proposcr's control Icxample: a manuthcturer's bid concession]. or to any prices offered to the Federal Govemment and its agencies.
ARTICLE {: I,A TY LIABILITY
Contractor's total liability under this Master Agreement. whether for breach ofcontract, warranty, negligence. strict liability, in tort or otherwise, is limited to the price ofthe particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to CUSTOMER/END USER, any amounts determined by H-GAC. its independent auditors, or any state or federal agency. ro have been paid in violation of the terms of this Master Agreement.
ARTICLE 5: GOVERNIN(; LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effon to resolve disputes with the CUSTOMER/END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notifo H-GAC of such disputes.
ARTICLE E: INSURANCE
Unless otherwise stipulated in Section B ofthe Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to CUSTOMEwEND USER based on the pricing and terms of this Master Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of a CUSTOMER/END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery ofany product or service and subsequent CUSTOMER-/END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC. within thirry (30) calendar days or ten ( l0) business days after receipt of a CUSTOMER/END USER's payment, whichever comes first, notwithstanding Contractor's receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without lnterlocal Master Agreements. Contractor shall pay the applicable order processing charges to H-GAC. Further. Contractor agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge ro H-GAC.
In no event shall H-GAC have any liability to Contractor for any goods or services a CUSTOMER/END USER procures from Contractor. At all times. Contractor shall remain liable to pay to H-GAC any order processing charges on any portion ofthe Master Agreement actually performed, and for which compensation was received by Contractor.
ARTICLE 7: LIOUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the CUSTOMER/END USER at the time a CUSTOMER/END USER purchase order is placed, to determine terms for any liquidated damages. a. General liability insurance with a Single Occurrence limit ofat least $1,000.000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit ofat least $1,000.000.00. and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B ofthe Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage ofEnd User owned equipment while in Contractor's possession. custody. or control. The minimum Single Occurrence limit is $500.000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy. as art of Automobile coverage. or under a Garage Keepers policy. In any event. this coverage must be specifically and clearly listed on insurance cenificare(s) submiued to H-GAC.
d. lnsurance coverage shall be in effect for the length ofany contract made pursuant to the Bid/Proposal. and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract Period.
e. Original Insurance Certificates must be fumished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. Ifany Product(s) or Service(s) will be provided by pa(ies other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein. and ifrequested by H-GAC, a separate insurance certificate must be submitted for each such party. g. H-CAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.
ARTICLE 9: I,ERFORMANCE AND PAYMENT BON DS FOR INDIVIDUAL ORDERS H-GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore.
Contractor shalloffer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the CUSTOMER/END USER. Contractor shall quote a price to CUSTOMER/END USER for provision of any requested PPB. and agrees to furnish the PPB within ten business (10) days of receipt of CUSTOMER/END USER's purchase order.
ARTICLE 1O : ORDER PROCESSIN G CHAR(iE,
H-GAC will apply an Order Processing Charge for each sale done through the H-CAC contract, with the exception oforders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the CUSTOMEfuEND USER. Contractor will need to refer to the solicitation for the Order Processing Charge.
ARTICLE II: CHANGE OF STATUS
Contractor shall immediately notiry H-GAC. in writing. of ANY change in ownership. control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Master Agreement shall be alfected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement.
ARTICLE 12: REOt]IREMENTS TO APPLICABLE P YSICAL (;oODS In the case ofphysical goods (e.g. equipment. material, supplies, as opposed to services), all Products offered must comply with an1'applicable provisions of the Texas Business and Commerce Code. Title I, Chapter 2 and with at least the following:
DocuSrgn Envelope lD: 885DF563-3C43-4D65-9CC5-140CF2FF9FFE Docusqn Envelope lD: 885DF5613C4!4D6tgCC5.140CF2FFgFFE
ARTICLE I3: TEXAS MOTOR VEHICLE BOARD LICENSING
All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement terrn, any required Contractor license is denied, revoked. or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies ofalt current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.
ARTICI,E I5: ADDITIONAL REPORTING REOUIREMENTS
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
a. CUSTOMER/END USER Name
b. Product/Service purchased. including Product Code ifapplicable c. Customer Purchase Order Number
d. Purchase Order Date
e. Product/Service dollar amount
f. HGACBuy Order Processing Charge amount
ARTICI,E I6: BACKGROUND CHECKS
Cooperative customers may request background checks on any awarded contractor's employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the CUSTOMER/END USER.
N ON CONTRA IES BOYCOTTING ISRAE
CERTIFICATION
As required by Chapter 227 I of the Texas Local Govemment Code the Contractor must verify that it I ) does not boycott Israel: and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271 .00 I .
Texas Govemment Code:
Page { of8
a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design. operation. and performance. This requirement is NOT meant to preclude the Contractor from ofiering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Master Agreement. but which are normally fumished or necessary to make the Producl ready for its intended use upon delivery.
Such accessories shall be assembled, installed, and adjusted to allow continuous operation of Product at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any END USEpJCUSTOMER. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials.
f. Be available for inspection at any time prior to or after procurement.
ARTICLE I4: INSPECTION/TESTING
All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering CUSTOMER/END USER. either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements ofthis Master Agreement. and unless otherwise agreed in advance, the cost ofany inspection and/or testing, will be the responsibility ofthe Contractor.
DocuSqn Envelope lDr 885DF563.3C43-4D65-9CC5-140CF2FFgFFE l. "Boycott Israel" means ret'using to deal with. terminating business activities with. or otherwise taking any action that is intended to penalize. inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes: and
2. "Company" means a fbr-profit sole proprietorship. organization. association. corporation. partnership, joint venture, limited partnership, limited liability pannership, or any limited liability company. including a wholly owned subsidiary. majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.
ARTICLE I8: NO EXCL UDED NATION OR TERRORIST ORGANIZA TION CERTIFICATION As required by Chapter 2252 ofthe Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran. or a foreign terrorist organization - specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code gg306.051,807.051, ot 2252.153. (A company that the U.S. Government alfirmatively declares to be excluded from its lederal sanctions regime relating to Sudan, [ran. or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) ARTICLE I9: PROHIBITION ON CONTRAC TING WITH E,NTITIES USING CERTAIN TELECOMMU CATIONS AND \'IDEO SURVE ILLANCE E,OUIPMENT (Effective Aus. 13.2020 and as amended October 26.2020)
Pursuant to 2 CFR 200.216. Contractor shall not offer equipment. services. or system that use covered telecommunications equipment or services as a substantial or essential component ofany system, or as critical technology as pan ofany system. "Covered telecommunications equipment or services means l) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate ofsuch entities); 2) for the purpose of public safety, security ofgovernment facilities. physical security surveillance ofcritical infrastructure. and other national security purposes. video surveillance and telecommunications equipment produced by Hy'tera Communications Corporation, Hangzhou Hikvision Digital Technology Company. or Dahua Technology Company (or any subsidiary or affiliate ofsuch entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary ofDefense, in consultation with the Director ofNational Intelligence or the Director ofthe Federal Bureau of Investigation. reasonably believes to be an entity owned or controlled by, or otherwise connected to, the govemment of a covered foreign country.
Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.
ARTICLE 20: BUY A ERICA ACT (National School Lunch Program and Breakfast Prosram) With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with resp€ct to such programs. including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d). to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.
In the event Contractor or Contractor's supplier(s) are unable or unwilling to certif) compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC CUSTOMER'END USER may decide not to purchase from Contractor. Additionally, H-CAC
DocuSign Envelope lD: 885DF563-3C43-4D6tSCCt140CF2FFSFFE ARTICLE 2l: BtlY AMERICA REOUIREMENT (Anolies onlv to Federallv Funded Hishwav and Transit Proiects)
With respect to products purchased by CUSTOMER/END USER lbr use in iederally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects. including the Buy American provisions set forth in 23 U.S.C. Section 3 13, 23 C.F.R. Section 635.410, as amended. and the Steel and Iron Preference provisions ofTexas Transportation Code Section 223.045,to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. With respect to products purchased by CUSTOMER/END USER for use in federally funded transit projects. Contractor shall comply with all federal procurement laws and regulations with respect to such projects. including the Buy American provisions set forth in 49 U.S.C. Section 5323()( I ), 49 C.F.R.
Sections 66 I .6 or 661 . I 2, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/'END USER regarding such programs.
ART ICLE, 22: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a CUSTOMER/END USER using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use ofgoods, products, or materials produced in the United States (including but not limited to iron, aluminum. steel. cement. and other manufactured products). The CUSTOMER/END USER must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. IfContractor intends to qualify for Purchase Orders using federal grant money, they shall work with the CUSTOMER/END USER to provide all required certifications and other documentation needed to show compliance.
ARTICLE 23: TITLE vI Rf,OUIREMENTS
H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252. 42 U.S.C. $$ 2000d to 2000d-4) and the Regulations. hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response ro this Masrer Agreement and will not be discriminated against on the grounds ofrace, color, or national origin in consideration for an award.
TICLE 2.1: E, AL MPL YME PP
Except as otherwise provided under 4l CFR Part 60, all Contracts and CUSTOMER/END USER Purchase f)rders that meet the definition of"federally assisted construction contract" in 4l CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 4l CFR 60-1.4(b), in accordance with Executive Order I I 246, "Equal Employmenr Opportunitv" (30 FR 123 I 9, t 2935, 3 CFR Pan , 1964-1965 Comp., pg.339), as amended by Executive Order I I 375, "Amending Executive Order I 1246 Relating to Equal Employment Opportunity." and implementing regulations at 4l CFR Part 60. "Office ol Federal Contract Compliance Programs. Equal l*)mployment Opportunity, Department of Labor." The equal opportunity clause provided under 4l CFR 60- I .4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the detinition of"federally assisted construction contract" in 4l CFR Part 60- l .3 and agrees that it will comply with such provision.
ARTICLE 25: CLEAN AIR AND WATER POLLUTION CONTROL ACT
CUSTOMER/END USER Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean