Agenda — Brawley City Council, October 21, 2025 (part 2 of 2)

Caterpillar File No.: COM-17-01147
Document No.: 7738660
Caterpillar: Confidential Yellow

SUBCONTRACT AGREEMENT FOR

GOVERNMENT AND OTHER COOPERATIVE PURCHASING CONTRACT(S) BETWEEN [DEALER] AND CATERPILLAR INC.

This agreement ( “Agreement”) is entered into as of _________, 2020, between ______________ [DEALER]________________, a ___________ corporation with its principal place of business located at ______________________ (“Dealer”) and Caterpillar Inc., a Delaware corporation with its principal place of business located at 520 Lake Cook Road, Suite 100, Deerfield, Illinois 60015 (“Caterpillar”). Caterpillar and Dealer are sometimes referred to individually as “Party” and collectively as “Parties.”
WHEREAS, Caterpillar (or its affiliates as applicable), and Dealer are, among other agreements, Parties to a certain Sales and Service Agreement and Distribution Agreement for Engines, Parts and Service (“Dealer Agreements”), which are the primary agreements governing their relationship, , and this Agreement is not intended to replace or modify such agreements; and WHEREAS, Caterpillar may from time to time enter into government and other cooperative purchasing contracts (individually referred to as a “Purchasing Contract” and collectively as the “Purchasing Contracts”) with certain governmental or purchasing cooperative entities (the “Governmental or Cooperative Agency”) , pursuant to which Caterpillar agrees to certain terms and conditions for the provision of Cat Products and Services (as defined below) to the members of or participants in the Governmental or Cooperative Agency (the “Customers”) ; such Purchasing Contracts are concluded for the benefit of Cat dealers in that Cat dealers are invited to participate in them; WHEREAS, Cat dealers are invited to independently decide to provide Cat Products and Services to the Customers of the Governmental or Cooperative Agency pursuant to the terms and conditions of the Purchasing Contract as a subcontractor or as otherwise designated in such Purchasing Contract, by entering into a Schedule (as defined below) to this Agreement ; and WHEREAS, the Parties desire to establish the terms and conditions pursuant to which Dealer may become a subcontractor of Caterpillar or otherwise provide Cat Products and Services under a Purchasing Contract as described herein.

NOW, THEREFORE, in consideration of the foregoing and the mutual agreements and covenants set forth below, the Parties hereby agree as follows:

1. PURCHASING CONTRACTS AND SCOPE OF THIS AGREEMENT
(a) The Parties acknowledge and agree that Dealer is an independent business from Caterpillar and as such has the right to choose whether or not to accept the terms and conditions contained in any Purchasing Contract. In the event that Caterpillar enters into a Purchasing Contract and the Parties agree that Dealer should be a subcontractor or otherwise provide Cat Products and Services pursuant to such Purchasing Contract, the Parties shall enter into a schedule to this Agreement substantially in the form attached hereto as Exhibit A (each a “Schedule”) and the Dealer shall become a subcontractor of Caterpillar or otherwise provide Cat

SAMPLE COPY

FOR REVIEW
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NOT FOR
SIGNATURE.
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Products and Services under such Purchasing Contract, subject to and in accordance with the terms and conditions of this Agreement.
(b) Caterpillar is or may be obligated to provide to Customers certain products and services as further defined in a Schedule (the “Cat Products and Services”) pursuant to Purchasing Contracts and have certain duties, rights, and obligations in connection with such Purchasing Contracts. (c) This Agreement governs the relationship between Caterpillar and Dealer in the performance of the Purchasing Contracts. To the extent this Agreement does not specifically provide otherwise, the relevant terms of the Dealer Agreements apply to the relationship between Caterpillar and Dealer. In the event of a conflict between this Agreement and the Dealer Agreement, this Agreement shall control only to the extent such terms are expressly required by the Purchasing Contract, or applicable Law (as defined below). (c) All the terms, conditions, covenants and representations contained herein and in the Purchasing Contracts, except as modified by this Agreement, are hereby incorporated by reference and deemed to be a part of this Agreement as if fully set forth at length herein. As between Caterpillar and the Dealer the terms and conditions of this Agreement shall supersede any conflicting terms and conditions set forth in the Purchasing Contract.

2. DEALER RESPONSIBILITIES
Upon execution of a Schedule for a Purchasing Contract:
(a) Dealer voluntarily agrees to be bound by the applicable terms of the Purchasing Contract between Caterpillar and the Governmental or Cooperative Agency as if Dealer were a party to such Cooperative Agreement in place of Caterpillar, except as otherwise provided herein or in any applicable Schedule.
(b) Dealer acknowledges they have read the Purchasing Contract and agrees to voluntarily create contractual relationships between Customers under such Purchasing Contract and Dealer. (c) The Purchasing Contract is for use by Customers as allowed by the Governmental or Cooperative Agency. Dealer shall sell to such Customers entitled to purchase Caterpillar Products and Services under the Purchasing Contract pursuant to the terms and conditions provided therein.
(d) Dealer shall execute the obligations that are typically within the Dealer’s business pursuant to its Dealer Agreements with Caterpillar, including, without limitation, the sale and service of Cat Products and Services, or as otherwise directed by Caterpillar. (e) As and to the extent permitted by and subject to the Purchasing Contract, Dealer shall have the right to establish its own prices for Cat Products and Services and other terms and conditions of sale. Any additional terms agreed to by Dealer and any Customer shall be solely between such parties.
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(f) Upon request of Caterpillar, Dealer shall provide in a timely manner, any and all information reasonably requested by Caterpillar related to Dealer’s provision of Cat Products and Services pursuant to the Purchasing Contract.

3. CATERPILLAR RESPONSIBILITIES
Upon execution of a Schedule for a Purchasing Contract:
(a) Caterpillar shall, at all times, retain sole responsibility for administration of any and all renewals, modifications, price list changes and changes to the terms and conditions of the Purchasing Contract.
(b) Caterpillar shall make available to the Dealer adequate information, data, assistance, instructions, and internal resources (collectively, the “Information”) reasonably necessary or desirable for the Dealer to provide Cat Products and Services pursuant to the Purchasing Contract and this Agreement.
(c) Caterpillar shall assist, if necessary, to facilitate the Customers of the Purchasing Contract to timely make available to the Dealer adequate information, data, assistance, instructions, and internal resources reasonably necessary or desirable for the Dealer to provide Cat Products and Services pursuant to the Purchasing Contract and this Agreement.

4. MINIMUM CONTRACT VALUE
Unless otherwise expressly stated in a Schedule, no commitment of any kind is made by Caterpillar to Dealer concerning the quantity or value of Cat Products and Services to be sold by Dealer pursuant to the Purchasing Contract nor does Caterpillar make any representation or warranty or commitment with respect to usage of the Purchasing Contract by Customers.

5. PRICING
Any prompt payment terms (cash discounts) or quantity (volume) discounts which are included in the Purchasing Contracts will also be required to be offered by the Dealer to Customers under the Purchasing Contract.

6. INDEMNIFICATION
(a) Dealer hereby unconditionally and irrevocably agrees and undertakes, without objection, to hold Caterpillar, and its affiliates, and their directors, officers, employees and agents, representatives, successors and assigns (the “Indemnified Parties”), harmless and indemnified at all times against (a) all demands, claims, actions, proceedings (including, but not limited to, arbitration) arising from or related to the Purchasing Contract which may be threatened or made or brought against the Indemnified Parties and (b) all losses, damages, costs, charges and expenses, which the Indemnified Parties may suffer or incur or be put to by reason of or in consequence of or in connection with this Agreement or the Purchasing Contract, including, but not limited to, legal costs, expenses and lawyers’ fees incurred by the Indemnified Parties in connection with any demand, claim, action or proceeding involving one or more of the 4d.2

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Indemnified Parties; provided that such demands, claims, damages, and losses are attributable to the performance or non-performance of Dealer’s obligations under or related to this Agreement or the Purchasing Contract or otherwise related to Cat Products and Services sold by Dealer. (b) Dealer further undertakes to do, perform and execute or cause to be done, performed and executed, any act, deed matter or thing which Caterpillar may require the Dealer to do for the purpose of holding harmless or indemnifying the Indemnified Parties. (c) Dealer’s indemnity of the Indemnified Parties shall not be considered discharged or extinguished by an intermediate payment or satisfaction of any part of a claim, loss or damage owed by Dealer to the Indemnified Parties by virtue of the indemnity obligation, but shall continue and shall extend to cover any and all claims, losses and damages until all the obligations of Dealer have been discharged.

7. LIMITATIONS ON LIABILITY
EXCEPT AS RESULTING FROM DEALER’S BREACH OF CONTRACTUAL, STATUTORY, REGULATORY,

OR PERFORMANCE OBLIGATIONS OWED TO ANY GOVERNMENTAL OR COOPERATIVE AGENCY,

CUSTOMERS OR OTHER THIRD PARTIES, IN NO EVENT SHALL A PARTY BE LIABLE FOR

CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, RELIANCE, OR SIMILAR DAMAGES,

LOSSES OR EXPENSES (INCLUDING LOST PROFITS, LOSS OF ACTUAL OR ANTICPATED BUSINESS,

SAVINGS, COMPETITIVE ADVANTAGE, OR GOODWILL, OR THE INTERRUPTION OF THE OTHER PARTY’S BUSINESS) UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE.

8. TERM
(a) The term of this Agreement (“Term”) shall begin as of the date of execution of this Agreement and shall continue until two (2) years following the date after which Caterpillar has not had any Purchasing Contract in effect unless terminated sooner in accordance with the provision of this Agreement. Notwithstanding the foregoing, Dealer represents that prior to the Term it has complied with any obligations resulting from Dealer’s performance under any Purchasing Contract, whether resulting from obligations under the Dealer Agreements, statute, regulation, performance, or otherwise and agrees to indemnify Caterpillar for such obligations in accordance with Article 7.
(b) Caterpillar may terminate this Agreement if (i) Caterpillar shall find any representation or warranty of Dealer to be incorrect or misleading or (ii) Dealer shall materially breach any material warranty, covenant or obligation contained in this Agreement, and Dealer shall fail to cure such breach, if capable of cure, within thirty (30) days from the date written notice specifying the nature of the breach is received by Dealer from Caterpillar. (c) Dealer may terminate this Agreement if (i) Dealer shall find any representation or warranty of Caterpillar to be incorrect or misleading or (ii) Caterpillar may materially breach any material warranty, covenant or obligation contained in this Agreement, and Caterpillar, as the case may 4d.2

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be, shall fail to cure such breach, if capable of cure, within thirty (30) days from the date written notice specifying the nature of such breach in received by Caterpillar from Dealer, provided, however, that Caterpillar has completed or terminated Caterpillar’s obligations with respect to Dealer under the Purchasing Contracts.

9. INDEPENDENT CONTRACTORS.

It is the intention of the Parties that the relationship existing between them shall be that of independent contractor and that nothing contained in this Agreement, the Purchasing Contracts or done pursuant to this Agreement or the Purchasing Contract shall constitute Dealer as the agent of Caterpillar for any purpose whatsoever.

10. FORCE MAJEURE
Either Party shall be excused for any failure or delay in the performance of any of its obligations under this Agreement if such failure or delay is due to a strike, lockout, work stoppage, labor dispute, material shortage, utility outage, fire, flood, earthquake, hurricane, severe weather, act of God, accident, trade sanction, embargo, act of war, acts of terrorism, conditions caused by national emergency, an pandemic or any other act of cause beyond the reasonable control or without the fault of such party, whether similar to or different from the causes above enumerated (a “Force Majeure Event”) for as long as such circumstances prevail. The Parties shall remain liable for those obligations under this Agreement that are not affected by the Force Majeure Event.

11. ENTIRE AGREEMENT; NO WAIVER
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior representations, agreements and other understandings, oral or written, between Dealer and Caterpillar with respect to the subject matter hereof. There are no representations, agreements or understandings, express or implied, relating to the subject matter hereof which are not fully expressed in this Agreement. Each Party agrees to use good faith efforts to agree on those matters set forth in this Agreement that are to be mutually agreed by the Parties; provided, however, that no failure to agree on any such matter shall invalidate this Agreement or entitle either Party to terminate it. No departure from the terms of this Agreement shall obligate either Party to permit any subsequent departure. No waiver or failure to exercise any option, right or privilege under this Agreement by either Party on any occasion shall be construed to be a waiver of the same on any other occasion or of any other option, right or privilege.

12. COMPLIANCE WITH LAWS
Dealer represents and warrants that it has read, understands, and has been in compliance, and agrees that it shall comply with all applicable laws, rules, regulations, directives, ordinances, orders, or statutes (collectively, the “Laws”), including, but not limited to government procurement statutes and regulations. Further, Dealer represents and warrants and agrees that it has not acted, shall not act, and shall not cause, directly or indirectly, any other party to act, in any manner that would cause Caterpillar to violate the Laws. By entering into any transaction 4d.2

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with a Customer pursuant to a Purchasing Contract, , Dealer is representing to Caterpillar that, at the time of entering into such transaction, it is compliant with this Article 12.

13. SURVIVAL
The provisions set forth in this Agreement, and any other provision that by its terms survive termination, shall survive the termination of this Agreement to the extent required for their full observance and performance.

14. CHANGE ORDERS AND AMENDMENTS
All mutually agreed changes to this Agreement shall be implemented through a written amendment to this Agreement which, when signed by both Parties, shall be deemed a part of this Agreement. No amendment to this Agreement shall be valid unless in writing and signed by both Parties.

15. NOTICES
When written notice is required by this Agreement, it shall be sent by certified mail, by courier, or by such method as will permit the sender to verify delivery, to the addresses set forth below:

For Caterpillar: For Dealer:

Caterpillar Inc. ______________________
520 Lake Cook Road, Suite 100
Deerfield, Illinois 60015
_______________________
Attn: Deputy General Counsel –
Commercial
Attn: __________________
Notice shall be deemed received when actually delivered to the recipient as demonstrated by postal records, courier records or other method verifying the date of delivery. The addresses set forth above can be changed only by written notice.

16. INTERPRETATION
In the interpretation of this Agreement, insofar as possible, the intention of the Parties as expressed in this Agreement shall prevail over any presumption or construction implied or imposed by Law. The word “including” means including without limitation. The headings contained in this Agreement are for convenience only and are not to be considered in interpreting this Agreement. The Parties agree that the terms of this Agreement shall not be construed in favor of or against a Party by reason of the extent to which such Party participated in its preparation.

17. GOVERNING LAW; SEVERABILITY
This Agreement shall be governed by the laws of the State of Illinois, United States of America (regardless of the laws that might be applicable under its principles of conflict of laws). If any provision of this Agreement, or the application thereof, is determined by a court of competent

SAMPLE COPY

FOR REVIEW
ONLY.

NOT FOR
SIGNATURE.
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Caterpillar File No.: COM-17-01147
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jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement, all of which shall remain in full force and effect, and such other provisions shall be interpreted so as best to reasonably effect the intent of the Parties. The Parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision.

18. COUNTERPARTS
This Agreement may be signed in one or more counterparts, each to be effective as an original.

Once signed by the Parties, any reproduction of this Agreement made by reliable means (for example, photocopy or facsimile) is considered an original.

IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the Effective Date. [DEALER NAME] CATERPILLAR INC.

By: ___________________________ By: _________________________ Name: ________________________ Name: Chris Gustafson_________ Title: _________________________ Title: Glb. Accounts & Allied Prod. Mgr.

Date: _________________________ Date: _______________________

SAMPLE COPY

FOR REVIEW
ONLY.

NOT FOR
SIGNATURE.
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Caterpillar File No.: COM-17-01147
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Exhibit A
to
Subcontract Agreement for Government and Other Cooperative Purchasing Contract(s)

SAMPLE ONLY, DO NOT COMPLETE BLANKS
SCHEDULE NO. _____
to

SUBCONTRACT AGREEMENT FOR

GOVERNMENT AND OTHER COOPERATIVE PURCHASING CONTRACT(S) BETWEEN [DEALER] AND CATERPILLAR INC.

This Schedule No. __ is effective as of __________, _____ (“Schedule”), to the Subcontract Agreement for Government and Other Cooperative Purchasing Contract(s), including any amendments and/or addendums thereto, by and between _______________ (“Dealer”) and Caterpillar Inc. (“Caterpillar”) which was entered into as of __________, _____ (“Subcontract Agreement”).

1. Purchasing Contract:

Caterpillar as entered into the Purchasing Contract attached hereto as Annex A, as summarized below.

Name of Purchasing Contract: ____________________
Purchasing Contract Identifier: __________________________________ Governmental or Cooperative Agency: ___________________________________ Cat Products and Services: ________________________________________________

2. Agreement:

Dealer shall be bound by the terms of the Purchasing Contract and obligated to perform as provided in the Subcontract Agreement as if Dealer were directly party to the Purchasing Contract in place of Caterpillar, as necessary for full performance under the Purchase Agreement, except as otherwise set forth in the Subcontract and this Schedule.

3. Reporting and Fees:

Dealer acknowledges that it is solely responsible for and obligated to pay any applicable fee for all Cat Products and Services or other products and services it provides as set forth in the Purchasing 4d.2

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Contract. All reporting and fee payment obligations imposed on Dealer under the Purchasing Contract shall be made to Caterpillar directly in such manner and at such time as requested by Caterpillar, but in no event later than fifteen (15) business days before such report or payment is due to the Governmental or Cooperative Agency.

4. Other Required Terms:
[…..]

5. Subcontract Agreement for Government and Other Cooperative Purchasing Contract(s):

This Schedule is issued pursuant to the Subcontract Agreement. All of the terms and conditions of said Subcontract Agreement, including any amendments thereto, are incorporated herein and made a part hereof as if such terms and conditions were set forth in this Schedule. [Signature to follow on the next page]
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AGREED AND ACCEPTED:
[DEALER] CATERPILLAR INC.

By: SAMPLE – DO NOT SIGN By: SAMPLE – DO NOT SIGN
Name: Name:

Title: Title:

Date: Date:
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Annex A
to
Schedule No.
to
Subcontract Agreement for Government and Other Cooperative Purchasing Contract(s)

PURCHASING CONTRACT
[See attached]
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DocuSign Envelope ID: A0CE4C4B-3355-403A-AFA3-96DOE4260O23 RFP 212816
Heavy Equipment, Parts, Accessories, Supplies and Related Services ATTACHMENT B - City of Tucson
Certification of Living Wage Payments Form
(This form must be completed by the Contractor and each applicable subcontractor.) Contract Number: _R_F_P_2_1;,;;;2_8_16 _________________________ _ contractor or sub Name: The contractor, caterpmar Inc does not pay 1oca1 dealer personnel who work on this contract. If awarded, it will be Empire Machinery's responsibility to provide I this intormatjon,
(Please Check Only One of the Following Two Options)
NIA I do hereby agree to pay all eligible employees working on the above-referenced contract a minimum of $10.86 per hour and provide health benefits. I also agree to pay at least 50% of the eligible employees' health benefits premium. Our firm's health insurance provider(s) are listed below:

Name of Health Insurance Company: ______________________ _ Address: ________________________________ _
Telephone:-------------------------------
Fax Number: -------------------------------
Plan or Program Number: __________________________ _
Monthly premium paid by employer: ___ Monthly premium paid by employee __ _ Name of Health Insurance Company: ______________________ _ Address: ________________________________ _
Telephone:--------------------------------
Fax Number: -------------------------------
Plan or Program Number: __________________________ _
Monthly premium paid by employer: ___ Monthly premium paid by employee __ _ N/A I do hereby agree to pay all eligible employees working on the above-referenced contract a minimum of $12.15 per hour. I do not offer health benefits to eligible employees working on this contract and/or I do not pay at least 50% of the eligible employees' health benefits premium.

Caterpillar Inc
(Contractor /Sub-Contractor Name)
September 10, 2021
(Date)
Caterpillar: Confidential Green
by(1�0�••�s
csAa1926121 f�nature)
Patrick Kearns, NA Industry Manager
(Title)
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BUSINESS SERVICES DEPARTMENT

SHARED SERVICES - PROCUREMENT
CITY HALL • 255 W. ALAMEDA • P.O. BOX 27210 • TUCSON, AZ 85726-7210 (520) 791-4217 • FAX (520) 791-4735 • TTY (520) 791-2639 www.tucsonprocurement.com

CITY OF TUCSON

DEPARTMENT OF PROCUREMENT
REQUEST FOR PROPOSAL NO. 212816

HEAVY EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES AND RELATED

SERVICES
AMENDMENT NO. ONE (1)
DATE ISSUED: August 27, 2021
The referenced document has been modified as per the attached Amendment No. 1.

Please sign this Amendment where designated and return the executed copy with your PROPOSAL. This amendment is hereby made part of the referenced solicitation as though fully set forth therein. Any questions regarding this amendment should be addressed to Cynthia Thompson NIGP-CPP, CPPB, Principal Contract Officer at (520) 837-4134 or [email protected]
DocuSign Envelope ID: A0CE4C4B-3355-403A-AFA3-96D0E4260D23 4d.2

HEAVY EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES AND RELATED

SERVICES
A SIGNED COPY OF THIS AMENDMENT MUST BE SUBMITTED WITH YOUR PROPOSAL.

THIS RFP IS AMENDED AS FOLLOWS:

ITEM NO. ONE (1): DUE DATE
The Due Date shall remain the same and is due on, TUESDAY, SEPTEMBER 14, 2021, at 2:00 P.M., LOCAL AZ TIME.

ITEM NO. TWO (2): DEADLINE FOR SUBMITTING QUESTIONS
Pursuant to Instructions to Offerors, paragraph 3. Inquiries, the deadline to submit written questions shall be no later than SEPTEMBER 3RD, 2021, 4:00 p.m. Local Arizona Time. Questions received after this date may not be answered prior to RFP due date. Questions shall be submitted via email to [email protected]
ITEM NO. THREE (3): PRE-PROPOSAL QUESTIONS AND ANSWERS
QUESTION: What pieces of equipment are being used at the City of Tucson Landfill? ANSWER: The following is a list of current equipment used at the City of Tucson Landfill Operations, located at 5300 E. Los Reales Road, Tucson, AZ.

Quantity - 2, Caterpillar 836H Compactors
Quantity - 1, Caterpillar 836K Compactor
Quantity - 1, 980K Caterpillar loader
Quantity - 1, 980M Caterpillar loader
Quantity - 1, 914G Caterpillar loader
Quantity - 1, D6R Caterpillar dozer
Quantity - 1, D8T Caterpillar dozer
Quantity - 2, D9T Caterpillar dozers
Quantity - 1, 730EJ Caterpillar haul truck
Quantity - 1, 745C Caterpillar haul truck
Quantity - 1, 735WT Caterpillar water truck
Quantity - 1, 140M Caterpillar grader
Quantity - 1, 627G Caterpillar scraper
Quantity - 1, 613CW Caterpillar water wagon
Quantity - 1, 621GW Caterpillar water wagon
Quantity - 1, 375H Sullair air compressor
Quantity - 3, Magnum light towers
DocuSign Envelope ID: A0CE4C4B-3355-403A-AFA3-96D0E4260D23 4d.2

REQUEST FOR PROPOSAL AMENDMENT
CITY OF TUCSON BUSINESS SERVICES DEPARTMENT RFP NO.: 212816 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 RFP AMENDMENT NO.: 1 P.O. BOX 27210, TUCSON, AZ 85726 PAGE 2 OF 3
Phone: (520) 837-4134 DUE DATE: SEPTEMBER 14, 2021
ISSUE DATE: AUGUST 27, 2021 CONTRACT OFFICER: CYNTHIA THOMPSON, NIGP-CPP, CPPB QUESTION: “Could equipment such as Refuse Handling units: ASL, Front and Rear Loaders be considered Heavy Equipment?”
ANSWER: Refuse handling equipment as mentioned in the question would not be considered 'Heavy Equipment" for the purposes of this RFP. It could be included in the "Allied" products, but it would not qualify as an evaluated product.

QUESTION: Please provide clarification on the ability of the Offeror to be State specific in OMINIA participation. As an example, could an Interested Offeror select only the States they currently consider their regional areas?
ANSWER: Pursuant to Attachment A – Exhibit B- OMINIA Partners Exhibit A-Response for National Cooperative Contract, 3.2 Distribution, Logistics, Offerors are encouraged to respond with their total service areas.

QUESTION: How does the City intend to make contract award? ANSWER: To provide adequate contract coverage, and at the City’s sole discretion, multiple awards may be made. If multiple awards are made, it will be up to each individual using department to determine which awarded Contractor they will use to meet their operational needs.

QUESTION: Please clarify, what is the City’s estimated spend over the full potential Master Agreement term (5 years) for Heavy Equipment, Parts, Accessories, Supplies and Related Services? ANSWER: The City anticipates spending approximately $11.8 million over the full potential Master Agreement term (5 years) for Heavy Equipment, Parts, Accessories, Supplies and Related Services. *END OF AMENDMENT*
ALL OTHER PROVISIONS OF THE REQUEST FOR PROPOSAL SHALL REMAIN IN THEIR ENTIRETY.

VENDOR HEREBY ACKNOWLEDGES RECEIPT AND UNDERSTANDING OF THE ABOVE AMENDMENT. ________________________________________ ______________________________________ Signature Date Company Name
________________________________________ ______________________________________ Print Name and Title Address
______________________________________
City State Zip
Caterpillar Inc.
100 NE Adams St.

Peoria IL 61629
Patrick Kearns, North America Industry Manager
09/10/21
DocuSign Envelope ID: A0CE4C4B-3355-403A-AFA3-96D0E4260D23 4d.2

BUSINESS SERVICES DEPARTMENT

SHARED SERVICES - PROCUREMENT
CITY HALL • 255 W. ALAMEDA • P.O. BOX 27210 • TUCSON, AZ 85726-7210 (520) 791-4217 • FAX (520) 791-4735 • TTY (520) 791-2639 www.tucsonprocurement.com

CITY OF TUCSON

DEPARTMENT OF PROCUREMENT
REQUEST FOR PROPOSAL NO. 212816

HEAVY EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES AND RELATED

SERVICES
AMENDMENT NO. TWO (2)
DATE ISSUED: September 10, 2021
The referenced document has been modified as per the attached Amendment No. 2.

REQUEST FOR PROPOSAL AMENDMENT
CITY OF TUCSON BUSINESS SERVICES DEPARTMENT RFP NO.: 212816 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 RFP AMENDMENT NO.: 2 P.O. BOX 27210, TUCSON, AZ 85726 PAGE 1 OF 2
Phone: (520) 837-4134 DUE DATE: SEPTEMBER 21, 2021
ISSUE DATE: SEPTEMBER 10, 2021 CONTRACT OFFICER: CYNTHIA THOMPSON, NIGP-CPP, CPPB

HEAVY EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES AND RELATED

SERVICES
A SIGNED COPY OF THIS AMENDMENT MUST BE SUBMITTED WITH YOUR PROPOSAL.

THIS RFP IS AMENDED AS FOLLOWS:

ITEM NO. ONE (1): DUE DATE
The Due Date is hereby changed and is due on, TUESDAY, SEPTEMBER 21, 2021, at 2:00 P.M., LOCAL AZ TIME.
*END OF AMENDMENT*
ALL OTHER PROVISIONS OF THE REQUEST FOR PROPOSAL SHALL REMAIN IN THEIR ENTIRETY.

Peoria IL 61629
Patrick Kearns, North America Industry Manager
09/10/21
DocuSign Envelope ID: A0CE4C4B-3355-403A-AFA3-96D0E4260D23 4d.2

BUSINESS SERVICES DEPARTMENT

SHARED SERVICES - PROCUREMENT
CITY HALL • 255 W. ALAMEDA • P.O. BOX 27210 • TUCSON, AZ 85726-7210 (520) 791-4217 • FAX (520) 791-4735 • TTY (520) 791-2639 www.tucsonprocurement.com

CITY OF TUCSON

DEPARTMENT OF PROCUREMENT
REQUEST FOR PROPOSAL NO. 212816

HEAVY EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES AND RELATED

SERVICES
AMENDMENT NO. THREE (3)
DATE ISSUED: September 15, 2021
The referenced document has been modified as per the attached Amendment No. 3.

REQUEST FOR PROPOSAL AMENDMENT
CITY OF TUCSON BUSINESS SERVICES DEPARTMENT RFP NO.: 212816 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 RFP AMENDMENT NO.: 3 P.O. BOX 27210, TUCSON, AZ 85726 PAGE 1 OF 2
Phone: (520) 837-4134 DUE DATE: SEPTEMBER 24, 2021
ISSUE DATE: SEPTEMBER 15, 2021 CONTRACT OFFICER: CYNTHIA THOMPSON, NIGP-CPP, CPPB

HEAVY EQUIPMENT, PARTS, ACCESSORIES, SUPPLIES AND RELATED

SERVICES
A SIGNED COPY OF THIS AMENDMENT MUST BE SUBMITTED WITH YOUR PROPOSAL.

THIS RFP IS AMENDED AS FOLLOWS:

ITEM NO. ONE (1): DUE DATE
The Due Date is hereby changed and is due on, FRIDAY, SEPTEMBER 24, 2021, at 2:00 P.M., LOCAL AZ TIME.
*END OF AMENDMENT*
ALL OTHER PROVISIONS OF THE REQUEST FOR PROPOSAL SHALL REMAIN IN THEIR ENTIRETY.

VENDOR HEREBY ACKNOWLEDGES RECEIPT AND UNDERSTANDING OF THE ABOVE AMENDMENT. _ ______________________________________ ______________________________________ Signature Date Company Name
________________________________________ ______________________________________ Print Name and Title Address
______________________________________
City State Zip
09/16/2021
Patrick Kearns, North America Industry Manager
Caterpillar Inc.
100 NE Adams St.

Peoria IL 61629
DocuSign Envelope ID: A0CE4C4B-3355-403A-AFA3-96D0E4260D23 4d.2
Contract 212816-01
Heavy Equipment, Parts, Accessories, Supplies
and Related Services
Caterpillar, Inc.

Caterpillar, Inc. Insurance Documents
4d.2
Holder Identifier : 77 77777 7 7 7 77763616 6 55333 7736164573154566 7 431266634 731 7264 4771 7231 2 736 41113 63 112 7162455772674552 756627353647633 716627753463211 7344 1575 276112 77727252 2577311 7777777 7 7 7 7 66 66666 6 6 6 626 64662 4462 6222 6 4 4 2 2 6 222 6 62 622 6222 26 6 24 22 6 4242262 2 6 2 4 6226 2 62 424226 2 62 6 4226 2 622 26 4 226 2 66646 6 24 66444 6666666 6 6 6 6 Certificate No : 570095599830

CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
09/27/2022
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

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

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

PRODUCER
Aon Risk Services Central, Inc.

Chicago IL Office
200 East Randolph
Chicago IL 60601 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED INSURER A: Old Republic Insurance Company 24147 INSURER B:

INSURER C:

INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105

CONTACT
NAME:

Caterpillar Inc.
100 NE Adams Street
Peoria IL 61629 USA
COVERAGES CERTIFICATE NUMBER: 570095599830 REVISION NUMBER:

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

CERTIFICATE MAY BE ISSUED OR MAY PERTA N, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLIC ES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA D CLAIMS. Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR

ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X
GEN'L AGGREGATE LIMIT APPLIES PER:
$1,000,000
$1,000,000
$2,000,000
$2,000,000
A MWZY31381322 07/01/2022 07/01/2023
PROJECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$1,000,000 A 07/01/2022 07/01/2023 COMBINED SINGLE LIMIT (Ea accident)
MWTB 313812 22

EXCESS LIAB
OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED

UMBRELLA LIAB

RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT
OTHER

PER STATUTE
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N / A

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contractual Liability is included in the General Liability policy. RE: Contract is for RFP 212816 Heavy Equipment, Parts, Accessories, Supplies and Related Services. City of Tucson is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are Primary and Non-Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of City of Tucson in accordance with the policy provisions of the General Liability and Automobile Liability policies.

CERTIFICATE HOLDER CANCELLATION
City of Tucson AUTHORIZED REPRESENTATIVE
Attn: OMNIA Partners
City of Tucson RFP 212816
City Hall, 255 W. Alameda
8th Floor East
Tucson AZ 85701 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
4d.2
4d.2
4d.2
4d.2
4d.2
4d.2
4d.2

COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
4d.2
4d.2
4d.2
4d.2

COMMERCIAL AUTO
CA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

A. The following is added to the Other Insurance
Condition in the Business Auto Coverage Form
and the Other Insurance – Primary And Excess
Insurance Provisions in the Motor Carrier
Coverage Form and supersedes any provision to
the contrary:

This Coverage Form's Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available to
an "insured" under your policy provided that:

1. Such "insured" is a Named Insured under such
other insurance; and

2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".

B. The following is added to the Other Insurance
Condition in the Auto Dealers Coverage Form and
supersedes any provision to the contrary:

This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from any
other insurance available to an "insured" under
your policy provided that:

1. Such "insured" is a Named Insured under such
other insurance; and

2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".
4d.2
4d.2
AC 02 12 10 17 © 2017 Liberty Mutual Insurance Page 1 of 1 Policy Number: AI2661066618062
Issued by
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT – NOTICE OF CANCELLATION, NON-RENEWAL OR MATERIAL CHANGE This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

We will not cancel or non-renew this policy or make a material change to the insurance afforded by this policy until written notice of cancellation, non-renewal or material change has been mailed or delivered to those listed in the schedule below at least;
A. ____days before the effective date of cancellation, if we cancel for non-payment of premium; or B. ____days before the effective date of the cancellation, non-renewal or material change if we cancel, non-renew or make a material change to the insurance afforded by this policy for any other reason.

Regardless of what is indicated above, the advance notice of cancellation will not be less than that provided in state law.

Schedule
Name: Address:
30 10
4d.2
4d.2
City of Brawley
City Council
October 21, 2025
Agenda Item No 4e

STAFF REPORT
To: City Council
From: William Smerdon, City Attorney
Prepared by: William Smerdon, City Attorney
Subject: Recommendation to Reject Claim Presented to the City RECOMMENDATION:

Reject claim pending against the City.

BACKGROUND INFORMATION:

There is a claim pending against the City that need Council’s attention, as follows:

The claim was submitted by Bertha Valdez. Claimant contends that her vehicle was damaged by a condition in the Barbara Worth alley. The claim has been submitted to the JPIA, and they recommend rejecting the same.

FISCAL IMPACT:

Negligible to reject claims.

ALTERNATIVES:

No alternatives are recommended, the City is required to cooperate with the JPIA with respect to claims.

ATTACHMENTS:

1. REPORT COORDINATED WITH (other than person preparing the staff report):

Staff, Title or Consultant, Agency
Sylvia Vizcarra, Human Resources Administrator, ,
REPORT APPROVAL(S):

Staff, Title or Consultant, Agency Status – Date of Status Rebecca Terrazas-Baxter, City Manager Approved - 10/17/2025 Silvia Luna, Finance Director Approved - 10/17/2025
4e
City of Brawley
City Council
October 21, 2025
Agenda Item No 4f

STAFF REPORT
To: City Council
From: William Smerdon, City Attorney
Prepared by: William Smerdon, City Attorney
Subject: Claim for Opioid Settlements
RECOMMENDATION:

Ratify City Manager action to submit claims to participate in the national class actions against opioid manufacturers.

BACKGROUND INFORMATION:

The State Attorney General’s Office contacted the city requesting that we submit claims to participate in negotiated settlements with opioid manufacturers. There are two settlements, one in a case against the main opioid manufactures and another against minor manufactures. The settlement agreements have already been negotiated, and the defendants have agreed to fund settlements in excess of a billion dollars. These are nationwide settlements. The funds will be divided among the states pursuant to a prorate formula that will be calculated in part by taking into consideration the number of cities and counties that submit claims. The Attorney General has therefore solicited claims from all cities and counties in California. The more cities and counties that submit claims, the more the state will receive.

After the funds are received by the state, the state will distribute portions of the settlement funds to cities and counties that submitted claims. If a city or county did not submit a claim, they will not receive a portion of the settlement funds.

It is important to keep in mind that in spite of the fact that these are multi-billion-dollar settlements, there is every reason to assume that every eligible entity will submit a claim, therefore the actual amount received by each claimant will likely be relatively modest.

The claims were drafted by the attorney general for city manager’s signatures. There was a very short deadline for the city to submit a claim. At one point, it looked like we were going to hold a special meeting prior to the expiration of the deadline, but the reason for that meeting fell through. Rather than hold a special meeting just for this issue, staff sent Council an informational email informing Council that the City Manager would execute and submit the claims.

This matter is on the consent agenda in order to ratify that action and create an official record of the action.

FISCAL IMPACT:
4f
None to submit the claim. There is no risk that by submitting the claims the city will be called on to provide funding of any kind. The attorneys that handled the litigation will receive a large portion of the settlements as compensation. The amount that they receive will be subject to court approval. At some point in the future there will be a positive financial impact, but it is impossible to know how much the city will receive, or when it will receive the funds.

ALTERNATIVES:

The Council could direct staff to recall the claims, but there is no reason to do so.

ATTACHMENTS:

1. REPORT COORDINATED WITH (other than person preparing the staff report):

Staff, Title or Consultant, Agency
Rebecca Terrazas-Baxter, City Manager, ,
REPORT APPROVAL(S):

Staff, Title or Consultant, Agency Status – Date of Status Silvia Luna, City Manager Approved - 10/17/2025
Emmet Fried, Finance Director Approved - 10/17/2025
4f
City of Brawley
City Council
October 21, 2025
Agenda Item No 5a

STAFF REPORT
To: City Council
From: John Tang, Interim Parks and Rec Manager
Prepared by: John Tang, Interim Parks and Rec Manager
Subject: Approval of the Elks' request for road closure, the sale of alcohol, and waiver of fees to host their Cattle Call BBQ
RECOMMENDATION:

It is recommended that the City Council approve the Elks' request to host a Cattle Call BBQ on Saturday, November 8, 2025, including approval for street closure, alcohol sales, and waiver of city fees.

BACKGROUND INFORMATION:

The Elks have a longstanding tradition of community involvement and have historically played an active role in supporting and engaging with the residents of Brawley. Over the years, they have hosted numerous successful events that have brought the community together, fostering a sense of unity and camaraderie.

One such event is the Cattle Call BBQ. This annual celebration not only honors the local cattle industry but also serves as a vibrant gathering where community members, families, and visitors can enjoy delicious food, entertainment, and fellowship. This event has grown in popularity year after year, becoming a cherished tradition in the region.

The Elks submitted a formal request to host the Cattle Call BBQ on Saturday, November 8, 2025. The event will be held at 161 S. Plaza St. from 6:00 a.m. to 4:00 p.m. The Elks are requesting approval for a street closure on Plaza and G St. to 3rd St., approval to sell alcohol, and waiver of city fees.

FISCAL IMPACT:

Costs associated with the location set up or any public safety personnel will be tracked as part of the annual Cattle Call festivities.

ALTERNATIVES:

The council may elect not to approve.

ATTACHMENTS:

1. Facility Use Agreement

2. Map

3. Insurance Declaration
5a
REPORT COORDINATED WITH (other than person preparing the staff report):

Staff, Title or Consultant, Agency
, , ,
REPORT APPROVAL(S):

Staff, Title or Consultant, Agency Status – Date of Status Rebecca Terrazas-Baxter, City Manager Approved - 10/17/2025 Silvia Luna, Finance Director Approved - 10/17/2025
5a
q\ ~(כ.

CITY OF BRAWLEY זו-.. \} \) ~ן-\\f\i\lONS MEMORIAL CENTER \ ץ\נl)(.ו J 225 A STREET

BRAWLEY, CALIFORNIA
92227
CITY OF BRAWLEY PHONE: 344-5675

PARKS, RECREATION AND COMMUNITY SERVICES

APPLICATION AND AGREEMENT

FOR THE USE OF CITY-OWNED PARKS AND RECREATIONAL FACILITIES vוזvזוcA oAזE (sו JjQו1 g 111, VD'lr{ vוזvזוcA C-cdf/.e., Ca 11 86Q NAMEOFAPPLICANT cw.J'ד _etk.5 Ji1i+ב..ס ADDRESS llal 5 ~ u..~ t>[Qz.R.נt; 73,aJ~~ ~OME PHONE 1 //0 - 5t-(-']:-J 3/ WORK PHONE Vals ph '(jY/e.. 7 &o- '-/zן- 2כm ORGANIZATION -~ ~ l l u..# t q--w NON-PROFIT # ___________ _ Will this activity be a fund-raiser Yes 54 No 0
Admission fee, entry fee rס donation? Yes O No 'p!f
lf yes, where will the proceeds go?
1 L...: F. ;,;;.; ~=-Cl=l.lTY ~=REi=Q=UE. =S;...:..;TE=D'------ ----'· 0 Lions Center Gymnasium
0 Lions Center Conf. Room
0 Lions Center Kitchen
0 Lions Center Entire Facility
0 Lions Center Pool
0 Senior Center Main Hall
0 Senior Center Meeting Room
0 Senior Center Kitchen
0 Senior Center Entire Faci!ity
! י--c..::TIMES='-'-AN=D-'-A'-'-m==N=DA=N=C=-E---=----- -~• Approx. attendaחce __ l_'5_CO ______ Adults
___ S_ W ______ _ Minors
Set-up & Starting ____ L/l_~------~M
Guests Arrive at f { ~ ;(8M/PM
Ending & Clean-up __ q-__ ~~------ A~
Total Hours -~/ '0 __ ~~~---------
0 Cattle Call Large Arena / WOULD LIKE TO USE THE FOLLOW/NG 0 Horseshסw Aing EQUIPMENT:
_____ Other
____ Trash Cans
Cattle Call Entire Faץility 1 _ ~ 0 ~ :'5:tCed C,.,L '0~ LP~ - 1,.) ___ # Tables 0 Teen Center Recreation Room G sf(::J i /Ctz.~ ____ # Chairs 0 Teen Center Kitchen
0 Del Rio Community Center Room
1, the unders gned, shall indemnify, defend, dוךa hold harmless the City of Bra~vley, its offfcers, employees, and agents from any and all oוsses. costs, expenses, claims, fi abiוiries, actlons, or damages, lncluding llability for lnjuries to any person or persons or damage 10 property arisiרוg at any tlme during and/or arfsing out of in any way connected with Perrnוttee's use or oocupancy of the Faclllty and adjoining property, unless solely cau.sed by the gross negllgence or willlul misconduct of the City of Brawley, lts officers, employees or agen!S.

TITLE __ ~"-'--'--'---'---""".נ,::;,..--'"""--'---=---=---'----'-"'-C..----- DATE __ q_ v_q-+-2,- ____ _ STAFF NOTES:
/ CHAROES ANO DEPOS/TS • PRIORITY ___ _
APPLICATION: 0 APPROVED
EMPLOYEE REQUIRED 0

FACILITY HRS
0 Lions Center @ $
0 Senior Center @ $
0 Cattle Cal/ @ $
0 Parks @ $
0 Lions Pool @ $
0 Teen Center @ $
0 Del Rio Community Center @ $
0 DENIED BY:

CHARGE TOTAL
$
$
$
$
$
$
$
DATE: _______ __ _
NEEDED:
0 Security
0 lnsurance
0 Council Approval
COMPLETED:
0 0
0 Paid On. _____ 11 ______ _
Refundable Deposit .......................................................... $. ___ _ Paid On, _____ # ___ ___ _ Total Fees .......................................................................... $ ___ _ 0 No
0 Refund Approval 0 Yes
CC Parks Amount of Refund:
0 Recreation
0 Senior Citizens Entered סח Calendar 0
0 Buildings Copies issued by:
0 Employee: IM~IAL~ • 8RA°W\EY' 0וoכ ·
5a.1
5a.2
5a.2
ln'c. ,in ~vill\
Se-wiees
P''O'Bb~ 744963
Ang,ctes, cA 9(),Qi4-4963 Lie6is~ 0C 368'61
NAMBQ IN&UF,ED (~\'ENif Brawle--y Elk-S· '
1f)1 Pla~
Brawl~y, f;A 82221
PtJBLJ([.' ENTITY (ADD1'fl.t).NAL INSURED)
Clt~ of
EVBNT fNFORMATION:

TYPE: Partles/Celebrations {With Uquor)
DATE(S): ...:. 1..:..:. 1/.::..: 08=/2=0=25'---- ---
LOCATION: South Plaza/G Street
*Liquor Liability Yes@ No C
Liability after 12 am ends before 2 am 0
This is.~ 'oo[tiw,.th'at,the polley tli~ted below has been issued to the above insured named ( event holder) for the policy p.eried The iniutc\.ne~: herein is subj,1;:ct to aU the exclusions and conditions of sucb policy( ies) unless iD~eej~l INS~(i;Jj: ,(;~R:
1MKLWP1i!C
_
00'1969
J~n,,~~fX:0~'1, 2025 EXPIRATION: January 01, 2026
COMMER€1M. .IJl'ABILIW G~eftil
Each
Dimllg!: To llrcmit~ntcd ~ou fAny:@n1:-l'remisi!S)'
M~ita\i Pelin)I)•
tiquorLiabifi~ ,(rr
trpt_ionil l:.im1fs ~urcb\i'ed

00. Dun,ge (ttp'ur.cha-~e.d:

NQ r,~~.,qQmage
}!0001000
1 .• coo,bo1>·
J,o·oo,Q~O
l00:0.00
S,Q!!IJ
lt00:0,000
oco~~E1'l~E FQRM
IN'S'tJR!E1>S
NONE
$P•~CL..-U. CONDmONS:

The following mdonemeuts attached to
the Master Policy do not apply to this
Of
r.i:E~!~
5a.3
City of Brawley
City Council
October 21, 2025
Agenda Item No 5b

STAFF REPORT
To: City Council
From: John Tang, Interim Parks and Rec Manager
Prepared by: John Tang, Interim Parks and Rec Manager
Subject: Approval of St. Margaret Mary Catholic Church's request for a road closure and waiver of fees to facilitate their annual Feast Day celebration.

RECOMMENDATION:

It is recommended that the City Council approve the annual Feast Day of St. Margaret Mary Catholic Church, scheduled for Sunday, October 26, 2025, including the authorization of street closures and the waiver of applicable city fees.

BACKGROUND INFORMATION:

St. Margaret Mary Catholic Church is hosting its annual Feast Day, a celebration that holds significant cultural and religious importance for the community. This event has become a cherished tradition, drawing participants throughout the county. This year, the event is scheduled for October 26, 2025, and will run from 8:00 AM to 6:00 PM.

To ensure the smooth conduct of the event, the Catholic communities of Brawley and Westmoreland are requesting the following:

1. Closure of Leonard Street from Cesar Chavez to Adams from 8:00 AM to 6:00 PM on October 26, 2025.

2. Fee waivers
FISCAL IMPACT:

Undetermined at this time. However, the City will need to provide staff support for barricade setup and road closures, as well as public safety personnel, since the event is expected to draw approximately 200 attendees.

ALTERNATIVES:

The Council may elect not to approve
ATTACHMENTS:

1. Facility Use Agreement

2. Support Document

3. Insurance Declaration
5b

4. Map
REPORT COORDINATED WITH (other than person preparing the staff report):

Staff, Title or Consultant, Agency
, , ,
REPORT APPROVAL(S):

Staff, Title or Consultant, Agency Status – Date of Status Rebecca Terrazas-Baxter, City Manager Approved - 10/17/2025 Silvia Luna, Finance Director Approved - 10/17/2025
5b
5b.1
5b.2
5b.3
5b.3
5b.4
City of Brawley
City Council
October 21, 2025
Agenda Item No 5c

STAFF REPORT
To: City Council
From: Denise Garcia, Special Projects Manager
Prepared by: Denise Garcia, Special Projects Manager
Subject: Introduction and First Reading of Ordinance# 2025 - ______ Amending Brawley Municipal Code Chapter 16a, For the Purpose of Adopting a System for Registering Vacant Properties and Amending Maintenance Standards for the Same.

RECOMMENDATION:

Introduction and first reading, by title only, of Ordinance# 2025-______ amending Brawley Municipal Code Chapter 16a for the purpose of adopting a system for registering vacant properties and amending maintenance standards for the same and schedule the second reading and adoption at the next regularly scheduled City Council meeting.

BACKGROUND INFORMATION:

At the last City Council meeting, staff invited discussion to help shape an updated Maintenance of Abandoned Buildings or Vacant Property Ordinance. The goal was to align the ordinance with Council priorities and establish a clear strategy for addressing vacancies citywide. Council reached consensus on including incentives and financial penalties to encourage property owners to maintain and improve vacant commercial and residential properties. In response, staff drafted and revised a comprehensive ordinance that balances property rights with the City’s interest in vibrant, attractive neighborhoods. The Ordinance is now requiring the registration and maintenance of certain real property by mortgagees and vacant property owners, providing for penalties and enforcement, as well as the regulation, limitation, and reduction of abandoned real property. The proposed ordinance aims to reduce the negative impacts of long-term vacancies and promote productive property use. Staff now presents it for Council discussion and direction.

FISCAL IMPACT:

The ordinance will generate additional General Fund revenue through registration and renewal fees for vacant properties, intended to recover program administration costs. Implementation will require added staff time for processing, inspections, and compliance tracking.

ALTERNATIVES:
1). Direct staff not to proceed with the ordinance at this time.

ATTACHMENTS:

1. 1. Maintenance of Abandoned Buildings or Vacant Property Ordinance #96-01

2. 2. Amended Registering Vacant Properties and Amending Maintenance Standards Ordinance 5c
REPORT COORDINATED WITH (other than person preparing the staff report):

Staff, Title or Consultant, Agency
Rodolfo Moreno, Code Enforcement Officer, ,
Cristhian Barajas, Development Services Director, ,
REPORT APPROVAL(S):

Staff, Title or Consultant, Agency Status – Date of Status Silvia Luna, Finance Director Approved - 10/17/2025
Rebecca Terrazas-Baxter, City Manager Approved - 10/17/2025 5c
ORDINANCE NO. 96 -01

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRAWLEY

CALIFORNIA, ADDING A CHAPTER REGARDING THE MAINTENANCE

OF ABANDONED BUILDING OR VACANT PROPERTY TO THE MUNICIPAL CODE OF THE CITY OF BRAWLEY.

WHEREAS, the City Council of the City of Brawley does ordain as follows:

Section 1. The City Council of the City of Brawley,
California finds that buildings and lots that are neither utilized nor properly maintained can have a negative visual impact.

Section 2: The City Council of the City of Brawley finds that buildings and lots that are neither utilized nor properly maintained are potentially hazardous to life and limb,
Section 3: The City Council of the City of Brawley hereby adds to the Municipal Code of the City of Brawley, Chapter Maintenance of Abandoned Buildings or Vacant Property as shown in Exhibit "A" attached hereto and made a part hereof.

Section 4: This ordinance shall be effective thirty 30) days after its adoption and the City Clerk shall cause a certified copy of this ordinance to be published one time within fifteen (15) days after its adoption in the Imperial Valley Press, a newspaper of general circulation printed in Imperial County and circulated in the City of Brawley.

APPROVED, PASSED AND ADOPTED at a regular meeting held on the 5th day of February, 1996.

CIT c'. 1 LIFORNIA
Daniel Paramo, Mayor
ATTEST:

Je Smith, City Clerk
APPROVED AS TO FORM:

Dennis H. Morita, City Attorney
5c.1
STATE OF CALIFORNIA]
COUNTY OF IMPERIAL]
CITY OF BRAWLEY]
1st Reading
I, JANET P. SMITH, CITY CLERK of the City of Brawley,
California, DO HEREBY CERTIFY that the foregoing Ordinance No. 96 -01 was introduced and approved for 1st reading by the City Council of the City of Brawley, California, at a regular meeting held on the 16th day of January, 1996, and that it was so adopted by the following roll call vote: m /s /c
Shields /Vasquez
AYES: Benavides, Benedict, Paramo, Shields, Vasquez
NAYES: None
ABSENT: None
DATED: January 16, 1996 11. 1Wi
J et P. Smith, City Clerk
2nd Reading
I, JANET P. SMITH, CITY CLERK of the City of Brawley,
California, DO HEREBY CERTIFY that the foregoing Ordinance No. 96 -01 was introduced and approved for 2nd reading by the City Council of the City of Brawley, California, at a regular meeting held on the 5th day of February, 1996, and that it was so adopted by the following roll call vote: m /s /c
Shields /Vasquez
AYES: Benedict, Paramo, Shields, Vasquez
NAYES: None
ABSENT: Benavides
7i
DATED: February 5, 1996
Janet P. Smith, City Clerk
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EXHIBIT °A"

PROPOSED ABANDONED BUILDING ORDINANCE
Sec. 1 Definitions
Abandoned Buildings shall mean building(s)or
structure(s) that have not been occupied or utilized for sixty days, so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

Vacant lots shall mean lot(s) or parcel(s) that do not
have structure(s) upon them and are not being utilized
for legitimate purpose authorized by the current owner of record, so as to constitute such property or portion
thereof or attractive nuisance or hazard to the public.

Sec. 2 Duties of Property Owner
It shall be the duty of each property owner or agent
thereof to maintain his or her property and all
structures and improvements thereon. Maintenance
standards shall include but not be limited to not leaving buildings in a state of either partial construction or
destruction, keeping exterior surfaces free of graffiti; not allowing painted surfaces to be peeling nor allowing stuccoed surfaces to be crumbling; animal droppings
including, but not limited to bird and rodent) shall not be allowed to accumulate; all doors and windows shall be closed and securely locked so as to prevent illegal
access to the structure; all broken windows shall be
replaced immediately with glass or boards, foil or
newspaper shall not be used in this capacity; all signage except for those advertising the sale or rental of the
property) shall be removed within sixty days of the
cessation of the use associated with the sign; fences
shall not be left in state of partial construction or
destruction and they shall be free of graffiti; the
premises shall be kept free of rubbish, debris, and
weeds; and all landscaping shall be properly trimmed.

Sec. 3 Declaration of a Nuisance
If a parcel and /or its structure(s) are found to be in conflict with the maintenance standards of this chapter, the City Building Official shall declare said property to be a nuisance.

Sec. 4 Abatement of said Nuisance
A) Any nuisance that poses a serious risk to life or
limb, shall be abated immediately as directed by
the Fire Chief or Building Official.

B) Upon declaration of a property being a nuisance the
Building Official shall send notice in writing to
the owner of record of the subject property. Said
notice shall grant the property owner fifteen days
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from the date of the letter to abate the nuisance.

A copy of the letter shall also be posted on the
property.

C) If the nuisance is not abated to the satisfaction
of the Building Official, a second notice
requesting abatement of the nuisance within fifteen
days of the date of the letter shall be sent to the
property owner and posted on the property.

D) If the nuisance still has not been abated to the
satisfaction of the Building Official, he or she
shall request that the City Manager direct the
Building Official to abate the nuisance using City,
contract, and /or volunteer resources.

Sec. 5 Lien for Abatement Costs
If the City abates a nuisance, the Building Official
shall keep a full accounting of all costs associated with said abatement. An invoice detailing said costs shall be sent to the property owner by the Finance Department
requesting payment within thirty days of the date of the invoice.

If payment is not received by the deadline, a lien for
the invoice amount shall be levied against the property in accordance with Government Code Section 38773.1.

Sec. 6 Prevention of Recurring Nuisance
Once a property has been declared a nuisance and had said nuisance abated, either by the City or by the owner, the Building Official shall place said property on a periodic inspection schedule, the interval of which to be
determined by the Building Official.

Sec. 7 Additional Occurrences of a Nuisance
A) If the subject property had its previous nuisance
abated by the owner, the Building Official shall
follow the abatement procedures as prescribed in
Section *.4 et seq. of this Chapter.

B) If the subject property had its previous nuisance
abated by the City, or its designees, the Building
Official shall send a notice to the property owner
requesting abatement of said nuisance within ten
days of the date of the notice. A copy of said
notice shall be posted on the property. If the
nuisance is not abated to the satisfaction of the
Building Official, he or she shall follow the
procedures as described in Section *.4D et seq of
this Chapter.
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Date Shitted 12/5 /95 O1 -24-9u Council Action t
Public Nearing Required
Date Action
7 Requested 12/18/ 95 Submit for 2,nd Re &di ]c; as amended Conaittee Review I l
Submitted by BRAD EVANSON
Add: "or designee" to all references Resolution 3
to ?to uilding Official. tat Reading 4. 7
Ordinance 2nd Reading gal Clerk's Initial

BRAWLEY CITY COUNCIL

AGENDA ITEM
SUBJECT: Public hearing regarding the Proposed Abandoned Building Ordinance 95 An ordinance of the City Council of the City of Brawley, California adding Chapter Maintenance of Abandoned or vacant property, to the Municipal Code of the City of Brawley.

DEPARTMENT
PRESENTED BY: ECDD Planning
BACKGROUND / SUMMARY:

Per the direction of the City Council, staff has been developing an ordinance which addresses maintenance of abandoned buildings and vacant lots. The goals have been: to reduce crime and injuries as a result of people gaining access to abandoned buildings without permission from the owner; to reduce maintenance and repair costs to these properties through preventive measures; and to keep Brawley looking like the enjoyable place to live that it is.

In particular, comments have been solicited from Dennis Morita, Francisco Soto, Tom Fox of the Chamber of Commerce, Julie Broughton and Ron Lewis of the Downtown Merchants Association.

On November 1, 1995, the Planning Commission recommended that the City Council adopt the proposed ordinance.

FISCAL IMPACT: Unknown
STAFF RECOMMENDATION: Staff recommends that you:
1) Conduct a public hearing and hear all comments.
2) Adopt the first reading of the proposed Ordinance 95 MANAGER'S RECOMMENDATIO CON Manager's Initial
ACTION: A proved Rejected
Disapproved Deferred
Referred to 0.+v
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ct&e2ire& m 15IC i .

CCAI \CCAI.FRM i/ I
5c.1
wie sias1 ciao Canc i l Action l
Date Action Requested X5/96 Submit for 2r:d Readip as amended Public Wearing Required or .designee" to all references
Committee Review l
Submitted by BRAD VANSON
add. Resolution i
z'cu11'ilXJ Official. Ordinsrrce 1st Reading A.

Ordinance 2nd Reading
Clerk's
BRAWLEY CITY COUNCIL Initial

AGENDA ITEM
SUBJECT: Ordinance Adding Chapter Maintenance of Abandoned Building or Vacant Property to the Municipal Code of the City of Brawley, 2nd Reading Adoption

DEPARTMENT
PRESENTED BY: ECDD Planning
BACKGROUND /SUMMARY:

In particular, comments have been solicited from Dennis Morita, Francisco Soto, Tom Fox of the Chamber of Commerce, Julie Broughton and Ron Lewis of the Downtown Merchants Association.

On November 1, 1995, the Planning Commission recommended that the City Council adopt the proposed ordinance.

Public Hearing conducted: December 18, 1995; 1st Reading: 1/ 9616/ FISCAL IMPACT: Unknown
STAFF RECOMMENDATION: Staff recommends that you:

Approve second reading and adoption of the Maintenance of Abandoned Building /Vacant Property Ordinance

MANAGER'S
RECOMMENDATIO CONCURRENCj Manager's initial
ACTION: roved Rejected
Disapproved Deferred
I
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Referred to
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ORDINANCE NO.__

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRAWLEY,
CALIFORNIA, AMENDING CHAPTER 16a OF THE BRAWLEY MUNICIPAL CODE

FOR THE PURPOSE OF ADOPTING A SYSTEM FOR REGISTERING VACANT

PROPERTIES AND AMENDING MAINTENANCE STANDARDS FOR THE SAME

THE CITY COUNCIL OF THE CITY OF BRAWLEY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

1. Purpose:

The purpose of this Ordinance is to ensure that all vacant properties within the city limits of the City of Brawley comply with minimum property maintenance requirements, to encourage proactive and preventative maintenance of properties, to ensure maintenance issues are quickly and effectively remedied, and to promote the health, safety, and welfare of the residents of the City of Brawley.

2. Findings:

The City Council finds that unless vacant properties are well maintained, they can easily become a public nuisance that negatively affect the health, safety, and welfare of the residents of the City of Brawley.

The City Council further finds that a system of registering vacant properties within the city limits will assist in preventing vacant properties from becoming a public nuisance.

The City Council further finds that the imposition of a modest registration fee will help defer the costs of maintaining the registry and periodic inspections of vacant properties to ensure that they are being properly maintained.

3. Severability.

If any provision of this Ordinance is found to be
unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity will not affect the remaining provisions of this Ordinance, which can be implemented without the invalid provisions, and to this end, the provisions of this Ordinance are declared to be severable.

4. Amendment of Municipal Code.

Chapter 16a of the Brawley Municipal Code is hereby amended to read as follows:
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CHAPTER 16a.

MAINTENANCE AND REGISTRATION OF VACANT PROPERTIES.

Sec. 16a.1. Definitions.

For the purposes of this Chapter, the following terms shall have the following definitions:
“Active construction” means construction activities are occurring pursuant to a valid building permit and without any pause, interruption, or suspension greater in duration than 45 days.
“Beneficiary” means a lender under a note secured by a deed of trust or any other party with a recorded interest in the property.
“Deed of trust” means an instrument by which title to real estate is transferred to a third-party trustee as security for a real estate loan.
“Enforcement Official” means the city manager, building official, chief of police, fire chief, or any of their
respective designees.
“Evidence of vacancy” means any condition that, on its own, or combined with other conditions present, would lead a reasonable person to believe that a property is vacant. Such conditions include, but are not limited to overgrown or dead vegetation, accumulation of newspapers, circulars, flyers, or mail, past due utility notices or disconnected utilities, accumulation of trash, junk, or debris, the absence of window coverings such as curtains, blinds, or shutters, the absence of furnishings or personal items consistent with habitation, and statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.
“Local” means the area within 40 miles of the subject
property.
“Notice of default” means a recorded notice that a default has occurred under a deed of trust and the beneficiary
intends to proceed with a trustee’s sale.
“Owner” means any person having legal or equitable title or any interest in real property, including any beneficiaries or trustees, any lessee, occupant, or person having charge or 5c.2
control of the building(s), structure(s), or property within the City.
“Trustee” means a person or entity holding a deed of trust on a property.
“Vacant property” means any building, lot, or parcel that has not been occupied or utilized for a period of more than thirty days. A building, lot, or parcel is not vacant if active construction is occurring on the property.

Sec. 16a.2. Public nuisance.
(a) It shall be the duty of each owner or agent thereof to maintain their property.
(b) The following acts and conditions, when performed or existing upon any lot or parcel within the City, are declared to be unlawful and are defined as and declared to be public nuisances per se that are injurious to the public health, safety, and welfare:
i. Buildings, structures, or fences in a state of either partial construction or destruction, except during active construction;
ii. Graffiti;

iii. Painted surfaces that are peeling, or stuccoed surfaces that are crumbling;
iv. Animal droppings;
v. Doors and windows that are not closed and securely locked so as to prevent unpermitted access to the structure;
vi. Broken windows that are not replaced immediately with glass or boards;
vii. Signage, except for those advertising the sale or rental of the property, not removed within sixty days of the
cessation of the use associated with the sign, or otherwise properly permitted pursuant to the Brawley Municipal Code; viii. Trash, debris, litter, and junk;
ix. Overgrown landscaping or weeds;
x. Structures or buildings that are structurally unsound or dangerous;
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xi. Violation of any applicable city, county, or state code or regulation.

Sec. 16a.3. Declaration of a nuisance.

If a building, lot, or parcel is found to be in conflict with the maintenance standards of this Chapter, an Enforcement Official shall declare said property to be a nuisance.

Sec. 16a.4. Emergency abatement.

Any nuisance that poses an immediate threat to the public health, safety, or general welfare shall be abated immediately as directed by an Enforcement Official. Any such abatement activity under this section may be conducted without observance of any notice requirements described in this Chapter.

Sec. 16a.5. Non-emergency abatement.
(a) Upon declaration of a property being a nuisance, the Enforcement Official shall send a notice to abate in writing to the owner of record of the subject property. A copy of the notice shall also be posted on the property.
(b) Said notice shall provide a brief description of the violations and a deadline for the property owner to abate the nuisance. This deadline shall be at least thirty days from the date of the notice, unless the property or the property owner has had a previous nuisance abated under section 16a.4 or section 16a.5(c), in which case, the deadline shall be at least ten days from the date of the notice.
(c) The notice shall contain a statement that the determination of nuisance may be appealed as set forth in section 16a.7 of this Chapter.
(d)The owner may appeal the notice pursuant to provisions of Section 16a.7 of this Chapter If no appeal is received by the City Clerk within fifteen calendar days after service of the notice, the determination shall be deemed final.

(e) If, after the expiration of the deadline, the nuisance still has not been abated to the satisfaction of the Enforcement Official, they shall request that the City Manager direct the Building Official to abate the nuisance according to law. 5c.2

Sec. 16a.6. Lien for abatement costs.
(a) If a nuisance is abated under this Chapter, the Enforcement Official shall keep a full and accurate accounting of all costs associated with said abatement.
(b) An invoice detailing said costs shall be sent to the owner(s) of the property by the Finance Department requesting payment within thirty days of the date of the invoice. The invoice shall be accompanied by a notice that the cost of abatement may be appealed as set forth in section 16a.7 of this
Chapter. If no appeal is received by the City Clerk within fifteen calendar days after service of the invoice, the invoice shall be deemed final.
(c) If payment is not received by the applicable deadline, a lien or special assessment for the invoice amount shall be levied against the property in accordance with Government Code Sections 38773.1 et seq.

Sec. 16a.7. Appeals.
(a) The responsible party may appeal the determination of nuisance or costs of abatement by filing a written request for a hearing with the City Clerk within fifteen days of the date of the notice to abate or invoice of abatement costs.

Such appeal shall be in writing and shall identify the
property subject to the notice to abate. The City Manager shall then cause the matter to be set for hearing before a hearing officer contracted by the city to hear such matters pursuant to Chapter 19F of the Brawley Municipal Code.
(b) Notice of the date of hearing shall be given in writing. The date of the hearing shall conform to the procedure set forth in Section 19F.10.
(c) At the time fixed in the notice, the contracted hearing officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance or the determination of costs of abatement.
(d) If the hearing officer so concludes, they may declare the conditions existing to be a nuisance and direct the owner of the property on which the nuisance exists to abate it within ten days after the date of posting on the premises a notice of the hearing officer’s order. The hearing officer may grant additional time to abate the nuisance if, in their opinion, 5c.2

good cause for additional time exists. Additionally, the hearing officer may uphold, deny, or modify the City’s
determination of costs of abatement.
(e) The decision of the hearing officer on the determination of the nuisance or determination of costs of abatement is final.

Any appeal of the hearing officer’s decision shall be
governed by California Code of Civil Procedure Section 1094.6 or such section as may be amended from time to time.

Sec. 16a.8. Prevention of recurring nuisance.

Once a property has been declared a nuisance and said
nuisance has been abated, either by the City or by the owner, the Building Official shall place said property on a periodic inspection schedule, the interval of which to be determined by the building official.

Sec. 16a.9. Vacant property registration.
(a) An owner of a vacant property must register their property with the city within ten days of the building, lot, or parcel becoming vacant. Properties shall remain subject to these registration and fee requirements as long as they remain vacant.
(b) The registration shall contain the names, mailing addresses, and phone numbers for any beneficiary or trustee, and all other known owners. Owners utilizing a local property
management company must also include the name, mailing
address, and phone number of the local property management company or companies who are responsible for the security and maintenance of the property.
(c) A registration fee of $100 shall accompany the registration form. The registration shall be valid for the remainder of the calendar year in which the registration was submitted.

Registration fees are nonrefundable and may not be prorated.

The registration fee provided for herein may be increased by resolution in the event that the City Council determines that it is insufficient to defray the costs of maintaining the vacant property list and performing periodic inspections. (d) Registration must be renewed annually. Renewal registrations and renewal fees are due January 1st of each year and must be received no later than January 31st of the year due.
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(e) Any beneficiary or trustee who holds a deed of trust on a property located with the city shall perform an inspection of the subject property prior to recording a notice of default with the Imperial County recorder’s officer. If the subject property is found to be vacant or shows evidence of vacancy, the beneficiary or trustee shall, within 10 days of the inspection, register the property in accordance with the provisions of this Chapter.
(f) Any owner who has registered a property under this Chapter must report any change of the information contained in the registration within 10 days of the change.
(g)In the event a registered vacant property becomes occupied, the owner shall report the occupation with in 10 days of the same so that the property may be removed from the vacant property list maintained by the City.

Sec. 16a.10. Security of vacant properties.
(a) All vacant properties shall be maintained in a manner which secures the property from any unauthorized entry. This shall include, but is not limited to, repairing walls and fences, chaining or padlocking gates, and repairing and/or boarding doors, windows, or other openings.
(b) An owner, or their agent, must inspect the vacant property on a monthly basis. If unable to do so, owners of vacant
properties must retain a local property management company licensed to do business in the City. The local property management company must be contracted to perform monthly inspections of the vacant property to ensure compliance with the Brawley Municipal Code. If the local property management company determines that the vacant property is not in
compliance with any provision of the Brawley Municipal Code, the property management company shall notify the owner(s) and the property shall be immediately brought back into
compliance.
(c) All vacant properties registered under this Chapter shall be posted with the name and 24-hour contact phone number of the owner and/or local property management company. The posting shall be no less than eighteen inches by twenty-four inches, shall contain the phrases “THIS PROPERTY MANAGED BY” and “TO REPORT PROBLEMS OR CONCERNS CALL”, and shall be of a font that is legible from the street. The posting shall be placed on the interior of a window facing the street so that the posting is visible from the street. If no such window exists, 5c.2
the posting must be constructed of weather-resistant
materials and posted in a location that is visible from the street.

Sec. 16a.11. Enforcement.
(a) It is unlawful and declared a public nuisance per se to violate any provision of this Chapter.
(b) A violation of any provision of this Chapter constitutes a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in the County jail not exceeding six months, or by both such fine and imprisonment. Each and every day that a violation is maintained, caused, suffered, or permitted to exist is a separate offense.
(c) A violation of any provision of this Chapter is subject to civil citations, penalties, fees, and costs as further
described in Chapter 19F of this Code.

(d) The provisions of this Chapter are nonexclusive, and are supplementary to existing rights and remedies. The provisions of this Chapter may be enforced by any remedies provided for in this Code or otherwise available by law.
(e) The duties and liabilities specified in this Chapter are joint and several among and between all owners.

5. Effective Date:

This ordinance shall be effective thirty (30) days after its adoption and the City Clerk shall cause a certified copy, or summary of this ordinance to be published one time within fifteen (15) days after its adoption in a newspaper of general circulation printed in Imperial County and circulated in the City of Brawley.

APPROVED, PASSED AND ADOPTED at a regular meeting of the City Council held on the ____ day of _______, 2025.

CITY OF BRAWLEY, CALIFORNIA
___________________________
Gil Rebollar, Mayor
ATTEST:
5c.2
___________________________
Ana Gutierrez, City Clerk

STATE OF CALIFORNIA)

COUNTY OF IMPERIAL )

CITY OF BRAWLEY )
1st Reading
I, Ana Gutierrez, City Clerk of the City of Brawley,
California, DO HEREBY CERTIFY that the foregoing Ordinance No. 2025-__ was passed and adopted by the City Council of the City of Brawley, California, at a regular meeting held on the ____ day of ________, 2025 and that it was so adopted by the following roll call vote:

AYES:

NAYES:

ABSTAIN:

ABSENT:

DATED: ___________________________
Ana Gutierrez, City Clerk

STATE OF CALIFORNIA )

COUNTY OF IMPERIAL )

CITY OF BRAWLEY )
2nd Reading & Adoption
I, Ana Gutierrez, City Clerk of the City of Brawley,
California, DO HEREBY CERTIFY that the foregoing Ordinance No. 2025-__ was passed and adopted by the City Council of the City of Brawley, California, at a regular meeting held on the ___ day of ______, 2025 and that it was so adopted by the following roll call vote:

AYES:

NAYES:

ABSTAIN:

ABSENT:
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DATED:
___________________________
Ana Gutierrez,
5c.2
City Clerk

Brawley City CouncilOctober 21, 2025

Brawley City Council
October 21, 2025