AGENDA
ITEM
11 CALEX AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
CITY COUNCIL
AGENDA STAFF REPORT
DATE: July 15th, 2026
TO: Mayor and City Council
Benjamin A. Martinez, City Manager An
APPROVED BY:
PREPARED BY: Benjamin A. Martinez, City Manager
SUBJECT: Adoption of the Memorandum of Understanding (MOU) between the City of Calexico and Imperial Valley Food Bank.
Recommendation:
It is recommended that the City Council of the City of Calexico adopts the Memorandum of Understanding (MOU) between the City of Calexico and Imperial Valley Food Bank.
Background:
The Imperial Valley Food Bank (IVFB) has requested permission to use the City-owned theater parking lot located at 2441 Scaroni Road to conduct monthly food distribution events for the community. The proposed Memorandum of Understanding (MOU) establishes the terms and conditions for IVFB's use of the property.
Discussion and Analysis:
Under the proposed MOU, IVFB will be authorized to use the theater parking lot on the first Friday of each month from 7:00 a.m. to 10:00 a.m. for food distribution activities. IVFB will be responsible for maintaining the site in a clean and safe condition, removing all trash and equipment after each event, complying with all applicable laws, and repairing any damage caused during its use of the property.
The MOU also requires IVFB to maintain the required insurance coverage, name the City of Calexico as an additional insured, and indemnify and hold the City harmless from any claims or liabilities arising from the food distribution events. Either party may terminate the agreement with thirty (30) days' written notice.
Approval of the MOU will allow the Imperial Valley Food Bank to continue providing food assistance to residents while ensuring the City's property is protected through insurance, indemnification, and clearly defined operational responsibilities.
Fiscal Impact:
There is no Fiscal Impact.
Coordinated With:
City Manager, Benjamin Martinez
Attachment(s):
1. Memorandum of Understanding between the Imperial Valley Food Bank and the City of Calexico.
2 ATTACHMENT NO. 1
MEMORANDUM OF UNDERSTANDING
Between the Imperial Valley Food Bank and the City of Calexico This Memorandum of Understanding ("MOU") is entered into by and between the Imperial Valley Food Bank ("IVFB) and the City of Calexico ("City"), a municipal corporation. IVFB and the City may be referred collectively referred to as the "Parties."
RECITALS
a. WHEREAS, IVFB, provides food assistance services within Imperial County; and b. WHEREAS, IVFB has requested the City permission to use the theatre parking lot located at 2441 Scaroni Road, Calexico, California, 92231 ("Premises") for the sole purpose of conducting monthly food distribution events; and c. WHEREAS, the City permits such use under the terms and conditions set forth herein.
Now, therefore, the parties agree as follows:
1. Purpose
The purpose of this MOU is to establish the terms and conditions under which the City agrees to allow IVFB to use the premises for the distribution of food to members of the community.
2. Term and Schedule
This MOU shall become effective upon execution by both Parties and shall remain in effect until terminated in accordance with Section 6 of this MOU.
IVFB shall be permitted to use the premises as follows:
On the first Friday of each month; and
• Between the hours of 7:00 a.m. to 10:00 a.m.
Any modification to the approved schedule shall require prior written approval by the City.
3. Use of Premises
IVFB agrees to the following conditions regarding use of the Premises:
1 a. The Premises shall be used solely for food distribution activities. b. IVFB shall maintain the Premises in a clean, safe, and orderly condition at all times during use.
c. IVFB shall remove all trash, debris, equipment, signage, and other materials immediately following each event
d. IVFB shall conduct its activities in a manner that does not unreasonably interfere with surrounding properties, traffic circulation, or City operations. e. IVFB accepts the Premises in "as-is" condition and shall return the Premises in the same condition as received.
f. IVFB shall be responsible for any damage to the premises or related facilities caused by IVFB, its employees, volunteers, agents, contractors, or invitees during its use of the Premises and shall repair such damage at its sole expense. g. IVFB shall not make any alterations, improvements, or additions to the Premises without prior written approval from the City.
h. IVFB shall comply with all applicable federal, state, and local laws, regulations, ordinances, and public health requirements related to its use of the Premises.
4. Insurance
Prior to commencement of any use under this MOU, IVFB shall provide and maintain, at its own expense, commercial general liability coverage, automobile liability insurance, and workers' compensation in an amount acceptable to the City.
Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate.
Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.
Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
2 The policy shall:
Name the City of Calexico as an additional insured.
Remain in effect throughout the duration of this MOU.
• Be evidenced by a certificate of insurance provided to the City prior to IVFB's initial use of the Premises.
5. Indemnification
IVFB agrees to indemnify, defend, and hold harmless the City, its officers, officials, employees, volunteers, and agents from and against any and all demands, actions, liabilities, causes of action, charges, claims, damages, losses, and expenses including attorneys' fees, arising out of or related with the use of the premises, which IVFB or its employees, volunteers, or invitees may suffer in connection with the use of the premises.
6. Termination
Either Party may terminate this MOU, with or without cause, upon thirty (30) days' written notice to the other Party.
The City may immediately suspend or terminate IVFB's use of the Premises if the City determines that IVFB's activities pose a threat to public health, safety, or welfare, or if IVFB materially breaches any provision of this MOU.
7. Independent Entities
The Parties are independent entities, and nothing in this MOU shall be construed to create a partnership, joint venture, or agency relationship.
8. No Assignment
IVFB shall not assign or transfer its rights or obligations under this MOU without the prior written consent of the City.
3 9. Governing Law
This MOU shall be interpreted in accordance with laws of the state of California. Venue for any legal action shall be in Imperial County.
10. Notice
All notices permitted or required under this MOU, shall be in writing and deemed given when personally delivered or deposited in the United States mail, postage prepaid, addressed as follows:
City: IVFB:
City of Calexico Imperial Valley Food Bank
608 Heber Avenue 486 WAten Road
Calexico, California, 92231 Imperial, California, 92251 Attn: City Manager Attn:
11. Entire Agreement
This MOU constitutes the entire agreement between the Parties and supersedes all prior negotiations or agreements, whether written or oral, relating to the subject matter herein.
12. Amendments
This MOU may be amended only by a written document signed by authorized representatives of both Parties.
4 13. Signatures
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the dates written below.
IMPERIAL VALLEY FOOD BANK
By:
Name:
Title: _
Date:
CITY OF CALEXICO
By:
Name:
Title:
Date: