AGENDA
CITY OF EL CENTRO
CITY COUNCIL
TUESDAY, FEBRUARY 21, 2023
City Hall Regular Meeting 11:30 AM
CITY HALL
COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
The public may attend in person. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by February 21, 2023.
COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND VIA ZOOM.
To participate and make a public comment in person, via Zoom or telephone, please raise your hand, speak up and introduce yourself.
Join Zoom Meeting:
https://us06web.zoom.us/j/4180375132?pwd=Rmo5UjZ1cWdyV1VoWUhSZWp6R0tVZz09 Optional dial-in number: 1 (669) 444-9171
Meeting ID: 418 037 5132 Passcode: 5iHJYM
Public comments via zoom are subject to the same time limits as those in person.
Mayor & Council Members may be reached at (760) 336-8989 Mayor: Martha Cardenas-Singh Interim City Manager: Cedric Ceseña Mayor Pro-Tem: Sylvia Marroquin City Attorney: Elizabeth Martyn Evans Council Members: Edgard Garcia City Clerk: Norma Wyles
Tomás Oliva
Sonia Carter
11:30 A.M CLOSED SESSION - CONFERENCE ROOM "A"
ROLL CALL (Open Session)
Agenda City Council of the City of El Centro February 21, 2023 City of El Centro Page 2
CLOSED SESSION PUBLIC COMMENT:
Any member of the public wishing to address the City Council on any matter appearing on the closed session may do so at this time. Unless the Mayor extends the time limit, remarks shall be limited to three (3) minutes. Additional opportunities for Public Comments will be given during and at the end of the meeting.
CITY COUNCIL ADJOURNS INTO CLOSED SESSION
CITY COUNCIL CLOSED SESSION
ANTICIPATED LITIGATION
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility of initiation of litigation against the City under Govt. Code Section 54956.9(d)(2) - 1 case
POSSIBLE LITIGATION
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility that the City will initiate litigation under Govt Code Section 54956.9(d)(2).
NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda.
* Any information provided on the “Speaker Slip” is voluntary and will be public record.
RECONVENE FOR OPEN SESSION 6:00 P.M.
6:00 P.M. OPEN SESSION
ALL TIMES ARE APPROXIMATE AND MAY VARY
Agenda City Council of the City of El Centro February 21, 2023 City of El Centro Page 3
CALL TO ORDER:
ROLL CALL BY CITY CLERK
PLEDGE OF ALLEGIANCE
INVOCATION
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION
6:10-6:15 (TIME MAY VARY) PUBLIC COMMENTS
The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting. Although you are not required to identify yourself (Gov’t Code §54953.3); this information on the “Speaker Slip” assists the Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record. 6:15-6:35 SCHEDULED PRESENTATION
1. Presentation by Esperanza Colio, Calexico City Manager
2. Introduction of New Community Relations Unit Officer 6:35-6:40 CONSENT AGENDA
Consent agenda items are approved by one motion. Council members or members of the public may pull consent items to be considered separately at a time determined by the Mayor.
3. Approve Warrant Registers for the Month of January 2023
4. Approve Payroll Registers for the Month of January 2023
5. Approve Treasurer's Report for the Month of January 2023
6. Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF EL CENTRO CONFIRMING THE CONTINUATION OF THE
LOCAL STATE OF EMERGENCY AND THE STATE OF EMERGENCY
PROCLAIMED BY GOVERNOR NEWSOM ON MARCH 4, 2020 AND
AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY
COUNCIL FOR THE PERIOD FEBRUARY 16, 2023 THROUGH FEBRUARY 28, 2023
Agenda City Council of the City of El Centro February 21, 2023 City of El Centro Page 4
6:40-7:20 UNFINISHED BUSINESS
7. Discussion and necessary action related to proposals received for Community Development Block Grant (CDBG) Program Year 2023-2024
PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:
Discussion and necessary action related to proposals received for CDBG Program Year 2023-2024.
7:20-8:00- NEW BUSINESS
8. Discussion and Necessary Action Regarding the Award of Bid and Authorizing the Execution of a Contract for the Debbie Pittman Field Lighting Project PRESENTATION: Adriana Nava
RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE
EXECUTION OF A CONTRACT FOR THE DEBBIE PITTMAN FIELD LIGHTING
PROJECT
9. Approval of Agreement with Securitas for Security Services at Various City Facilities
PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO AWARDING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR SECURITAS SECURITY SERVICES USA, INC. FOR
SECURITY SERVICES FOR CITY FACILITIES
10. Renewal of Resolution Declaring a Local Emergency in the City of El Centro due to Imperial County Storm Event 10/15/22
PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:
Adopt Resolution No. 23- , RENEWAL OF THE PROCLAMATION AND
RATIFICATION OF A LOCAL STORM EMERGENCY IN THE CITY OF EL CENTRO
Agenda City Council of the City of El Centro February 21, 2023 City of El Centro Page 5
11. Discussion and necessary action regarding termination of COVID-19 Vaccination and Testing Policy
PRESENTATION: Dulce Bedolla, Human Resources Director
RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, TERMINATING POLICY NO. 218 SETTING A COVID-19
VACCINATION OR TESTING POLICY FOR CURRENT AND FUTURE CITY
EMPLOYEES
12. Ending the State of Emergency for COVID-19
PRESENTATION: Cedric Cesena, Interim City Manager
RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO DECLARING ENDING A LOCAL EMERGENCY FOR THE COVID-19
CORONA VIRUS
13. Employment Contract for Deputy Police Chief
PRESENTATION: Dulce Bedolla, Human Resource Director
RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO ESTABLISHING THE COMPENSATION AND
EMPLOYMENT TERMS FOR THE POSITION OF DEPUTY POLICE CHIEF
14. Mayors appointment to the IID 2 on 2 Meeting Board.
PRESENTATION: Mayor Martha Cardenas-Singh
RECOMMENDATION:
Mayors Recommendation: Appointment of two Council Members to the IID 2 on 2 Meeting Board.
LEGISLATIVE ACTION
INFORMATIONAL ITEMS
15. Imperial Avenue / Euclid Avenue sink hole emergency work update
16. Imperial Avenue / Scott Avenue sink hole emergency work update Agenda City Council of the City of El Centro February 21, 2023 City of El Centro Page 6
8:00-8:30 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER
REPORTS
8:30-8:40 CITY MANAGER REPORT
ADJOURNMENT
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.
City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Presentation
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
PRESENTATION (ID # 5861) DOC ID: 5861
Presentation by Esperanza Colio, Calexico City Manager
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City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: Police
El Centro, CA 92243 Category: Presentation
Prepared By: Amanda Curiel
SCHEDULED Department Head: Robert Sawyer
PRESENTATION (ID # 5851) DOC ID: 5851
Introduction of New Community Relations Unit Officer
Formal introduction of the El Centro Police Department's new Community Relations Unit Officer to the El Centro City Council.
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City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Warrants
Prepared By: Esmeralda Nunez
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 5842) DOC ID: 5842
Warrant Registers for January 2023
CITY MANAGER’S RECOMMENDATION:
Approve Warrant Registers for the Month of January 2023 FISCAL IMPACT:
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
DISCUSSION:
CONCLUSION:
ATTACHMENTS:
• January 2023 (PDF)
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Attachment: January 2023 (5842 : Warrant Registers - January 2023) City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Elsa Montoya
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 5854) DOC ID: 5854
Approval of Payroll Registers for the Month of January 2023 CITY MANAGER’S RECOMMENDATION:
Approve Payroll Registers for the Month of January 2023 ATTACHMENTS:
• PAYROLL REGISTERS JANUARY 2023 (PDF)
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Attachment: PAYROLL REGISTERS JANUARY 2023 (5854 : Payroll Registers for the Month of January City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Report
Prepared By: Anthony G. Plancarte
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 5855) DOC ID: 5855
Treasurer's Report - January 2023
CITY MANAGER’S RECOMMENDATION:
Approve Treasurer's Report for the Month of January 2023 FISCAL IMPACT:
STRATEGIC PLANNING PROGRAM 2013-2018 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
DISCUSSION:
CONCLUSION:
ATTACHMENTS:
• Treasurer's Report - January 2023 (PDF)
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Attachment: Treasurer's Report - January 2023 (5855 : Treasurer's Report - January 2023) City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Resolution
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 5858) DOC ID: 5858
Resolution Authorizing Remote Teleconference Meetings
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO CONFIRMING THE CONTINUATION OF THE LOCAL STATE OF
EMERGENCY AND THE STATE OF EMERGENCY PROCLAIMED BY GOVERNOR NEWSOM ON MARCH 4, 2020 AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL FOR THE PERIOD FEBRUARY 16, 2023 THROUGH FEBRUARY 28, 2023
FISCAL IMPACT:
None
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
N/A
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
None
DISCUSSION:
If the City wishes to continue with virtual meetings, then the Council should consider and adopt this Resolution. It will apply to all Brown Act covered bodies within the City.
The previous teleconferencing provisions continue to apply but only for Council members on a trip or vacation do not change.
The bases for determining to continue virtual meeting participation are either the inability effectively to socially distance at public meetings (a health and safety issue) or a determination that a public meeting would present imminent danger to the participants. The inability to socially distance is set out in this Resolution.
In addition, AB 361 states requirements for virtual meetings (many of which were part of various Governor’s orders): requirements for clear noticing, allowing time for public comment during meetings, and observance of all statutory and constitutional rights of participants. The public may not be required to provide written comments in advance of the meeting. The legislation also provides that if the internet connection is lost, the meeting must stop until it is reacquired. Action taken without an internet connection is subject to challenge.
The ability to hold a virtual meeting lasts only as long as the Governor’s declaration of a statewide emergency. The Council may terminate virtual meetings at any time before that.
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Action Item (ID # 5858) Meeting of February 21, 2023
CONCLUSION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO CONFIRMING THE CONTINUATION OF THE LOCAL STATE OF
EMERGENCY AND THE STATE OF EMERGENCY PROCLAIMED BY GOVERNOR NEWSOM ON MARCH 4, 2020 AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL FOR THE PERIOD FEBRUARY 16, 2023 THROUGH FEBRUARY 28, 2023.
ATTACHMENTS:
• Resolution for Teleconferencing - final (DOCX)
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02/2023/cdz/A22-0005/Reso/EmergDecTeleconferenceMeetings RESOLUTION NO. 23-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO CONFIRMING
THE CONTINUATION OF THE LOCAL STATE OF EMERGENCY AND THE STATE OF EMERGENCY PROCLAIMED BY GOVERNOR NEWSOM ON MARCH 4, 2020 AND
AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL FOR THE PERIOD FEBRUARY 21, 2023 THROUGH MARCH 18, 2023 OR UPON THE SOONER TERMINATION OF THE STATEWIDE EMERGENCY ON FEBRUARY 28, 2023
WHEREAS, the City is committed to preserving and encouraging public access and participation in City Council meetings; and
WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, Government Code section 54953(e), added to the Brown Act effective October 1, 2021, makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition is that a state of emergency has been declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or have determined that meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, as the state of emergency declared by the City on March 17, 2020 and by Governor Newsom on March 4, 2020 each continues until at least February 28, 2023, as determined by the Governor; and WHEREAS, until the termination of such emergency, social distancing orders are in place at the state and County level for indoor public meetings and, given the size of the Council Chambers imposing such social distancing measures could present an imminent risk to the health and safety of attendees and enforcement of such rules could deter participation in a Board meeting; and
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Attachment: Resolution for Teleconferencing - final (5858 : Resolution Authorizing Remote Teleconference Meetings) 02/2023/cdz/A22-0005/Reso/EmergDecTeleconferenceMeetings WHEREAS, the City Council does hereby find that the combination of the emergency order and the requirement for social distancing has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to rely upon those orders to allow remote attendance at meetings subject to the requirements of the Brown Act; and
WHEREAS, City Council does hereby find that, commencing with the October 5, 2021 meeting, it has been and continues to be justified in conducting its meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such the City has and shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and WHEREAS, pursuant to Resolution No. 23- _____ the Council has terminated the state of emergency based upon the Governor’s termination of the statewide emergency on February 28, 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Confirmation of Emergency. The City Council hereby proclaims that the state of emergency continues throughout the City, and meeting in person would be difficult due to the size of the Board room and therefore present imminent risk to those in attendance, until such time as the statewide emergency terminates.
Section 3. Remote Teleconference Meetings. The City Manager, City Clerk and staff are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and supersedes Resolution No. 23-01. This Resolution shall be effective until the earlier of (i) 30 calendar days from the date of its adoption on February 21, 2023; (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which all City bodies subject to the Brown Act may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953; or (iii) upon the termination of the state wide emergency on February 28, 2023.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro held on the day of , 2023.
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Attachment: Resolution for Teleconferencing - final (5858 : Resolution Authorizing Remote Teleconference Meetings) 02/2023/cdz/A22-0005/Reso/EmergDecTeleconferenceMeetings
CITY OF EL CENTRO
By ___________________________
Martha Cardenas-Singh, Mayor
ATTEST:
By _________________________
Norma Wyles, City Clerk
APPROVED TO FORM:
Office of the City Attorney
By__________________________
Elizabeth Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By ___________________________
Norma Wyles, City Clerk
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Attachment: Resolution for Teleconferencing - final (5858 : Resolution Authorizing Remote Teleconference Meetings) City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Authorization
Prepared By: Clara Obeso
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 5784) DOC ID: 5784
Discussion and necessary action related to proposals
received for Community Development Block Grant (CDBG)
Program Year 2023-2024
CITY MANAGER’S RECOMMENDATION:
Discussion and necessary action related to proposals received for CDBG Program Year 2023-2024.
FISCAL IMPACT:
The City's estimated allocation for the Community Development Block Grant Program year 2023-2024, funded by Housing and Urban Development Department (HUD) is $563,294. The City also anticipates receiving approximately $14,000 in Program Income funds generated by previous State awarded grants.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #4 Recreation & Lifelong Learning
Goal #5 City Beautification, Engagement & Civic Pride
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
BACKGROUND:
The CDBG Citizen Participation Plan requires staff to prepare and publish a Request for Proposals (RFP) wherein the community and City departments are invited to submit projects and programs for funding consideration. Staff conducted the RFP process from November 21, 2022 to January 17, 2023, in order to prepare the 2023-2024 Annual Action Plan. Two publicly noticed meetings were conducted; one at the El Centro Adult Center on November 21, 2022, one resident was in attendance, and a second meeting at the El Centro Council Chambers on December 12, 2022, no residents were in attendance.
Additionally, the Request or Proposal packet was mailed to an established list of NonProfit organizations located in El Centro and the information was posted on the City's website.
DISCUSSION:
As previously mentioned, organizations were invited to submit proposals that could potentially be funded through the CDBG program. A total of ten (10) proposals were submitted as follows:
• Five (5) for Public Services (including Fair Housing); • One (1) for Public Facilities/Infrastructure;
7 Packet Pg. 80
Action Item (ID # 5784) Meeting of February 21, 2023
• Three (2) for Housing Activities;
• One (1) for Program Administration; and
• One (1) for Code Enforcement.
Included with this agenda item is a summary of all proposals received.
Any proposal being considered for funding must meet one of the three National Objectives set by the Department of Housing and Urban Development (HUD) as follows:
(1) Benefit at least 51% low and moderate-income persons (2) Aid in the prevention or elimination of slum or blight (3) Meet other community development needs having a particular urgency As part of this agenda presentation, staff will be asking the Council to determine which projects and/or programs are to be funded and for how much. Staff will be providing information on the eligible proposals, proposal-funding requests, past performance of the applicant, and a staff evaluation of the proposal and applicant. As Council considers how to allocate funding, two (2) CDBG program limitations need to be considered. The first is the 20% cap in funding for Program Administration and the second is the 15% cap on funding for Public Services. These are both federally mandated funding caps.
The amounts allocated toward these activities will be based on an estimate of annual funding to be received for the 2023-2024 Fiscal Year. If the amount actually received is less than estimated, the funding allocations for Public Services and Program Administration will be reduced to ensure compliance with the respective funding caps for these activities.
CONCLUSION:
Staff recommends the approval of activities and funding levels as shown on the attached summary.
The draft Annual Action Plan will be available for public comment from April 5, 2023, at which time it will be brought back to City Council for approval. The public comment period for the Annual Action Plan is from April 5, 2023 to May 5, 2023. After the 30-day comment period ends, City Staff will submit the Final Annual Action Plan to HUD by no later than May 12, 2023.
HISTORY:
02/07/23 City Council CONTINUED
ATTACHMENTS:
• Public Service Accomplishments (PDF)
• 2023-24 Summary of Proposals and Recommendations (PDF) 7 Packet Pg. 81
PUBLIC SERVICES
ACCOMPLISHMENTS
2019-2022
7.a
Packet Pg. 82
Attachment: Public Service Accomplishments (5784 : 2023-2024 CDBG Proposals 2019-
2020
2020-
2021
2021-
2022
2022-
2023
Projected 0 0 25 0
Actual Served 0 0 9 0
0 5
10 15
20 25
30 Projected
Actual Served
SURE HELPLINE CENTER
FUNDS
REQUESTED/RECEIVED/EXPENDED
2019
Did not apply
2020
Did not apply
2021
$83,846 / $7,021 / $7,021
2022
Did not apply
2 7.a
Packet Pg. 83
Attachment: Public Service Accomplishments (5784 : 2023-2024 CDBG Proposals 3 2019-
2020
2020-
2021
2021-
2022
2022-
2023
Projected 60 60 60 66
Actual Served 62 76 62
0 100
200
300
Projected
Actual Served
SENIOR NUTRITION
FUNDS
REQUESTED/RECEIVED/EXPENDED
2019
$12,000 / $12,000 / $12,000
2020
$12,000 / $12,000 / $12,500
2021
$12,000 / $12,180 / $12,180
2022
$12,000 / $11,885 / $0.00
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Packet Pg. 84
Attachment: Public Service Accomplishments (5784 : 2023-2024 CDBG Proposals 4 2019-
2020
2020-
2021
2021-
2022
2022-
2023
Projected 0 0 165 250
Actual Served 0 0 0 0
0 100
200
300
Projected
Actual Served
HOMELESS DAY CENTER
FUNDS
REQUESTED/RECEIVED/EXPENDED
2019
Did not apply
2020
Did not apply
2021
$250,000 / $7,680 / $0.00
2022
$14,352 / $8,140 / $0.00
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Packet Pg. 85
Attachment: Public Service Accomplishments (5784 : 2023-2024 CDBG Proposals 5 2019-
2020
2020-
2021
2021-
2022
2022-
2023
Projected 500 100 0 700
Actual Served 157 141 0
0 100
200
300
Projected
Actual Served
El CENTRO PAL
FUNDS
REQUESTED/RECEIVED/EXPENDED
2019
$20,000 / $7,500 / $7,500
2020
$17,000 / $16,646 /$16,646
2021
Not Funded
2022
$10,000 / $8,043 / $25
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Attachment: Public Service Accomplishments (5784 : 2023-2024 CDBG Proposals Summary List of CDBG Project Proposals Received for Program Year 2023-24 Name of Organization Program Description Amount
Requested
Recommended
Allocation
Final allocation Budget Items Target
Category
Type of People
Served
Proposed
Number of
People to be
Served
PUBLIC SERVICES
Community Services Dept. - Fair
Housing Program
Promote Fair Housing Activities
*Required Activity $ 47,250 $ 47,250 $ 47,250 Fair Housing services in areas with high portion of low/moderate income Public Services Low/Mod persons 400
Sub-Total $ 47,250 $ 47,250 $ 47,250 Required allocation amount Catholic Charities -
Senior Nutrition Program Food delivery to homebound seniors $ 25,000 $ 12,000 Staffing, supplies & miscellaneous: Personnel expenses ($5,000), Supplies ($2,000), Miscellaneous ($18,000)
Recommendation: Minimum of 80% of allocation be utilized for purchase of food
Public Services Low/mod
Senior Citizens 250
Catholic Charities -
Homeless Day Center
Day center designed to cater to the homeless.
Center will provide shelter, bathrooms and
showers, laundry, and supportive services.
$ 25,000 $ 12,000
Staffing, consultant, utilities, equipment & supplies, travel, consulting services: Personnel expenses ($5,000), Utilities ($5,000), Equipment ($1,000), Supplies ($14,000)
Homeless Low/Mod
persons
250
Sure Helpline Center -
Safe Haven
Sheltering of Domestic Violence victims,
counseling, crisis intervention, legal services $ 51,600 $ 5,344 Crisis intervention, counseling, legal advocacy for domestic violence victims and their children. Miscellaneous ($51,600) Public Services Low/Mod persons 48 El Centro PAL
Recreational programs & activities including
soccer, boxing, martial arts, golf, fishing,
bowling, tutoring, and mentoring.
$ 10,000 $ 10,000 Utilities ($5,000), Insurance ($2,000), Equipment ($2,000), & Supplies (2,000) At-risk youth Low/Mod persons
600
Sub-Total $ 111,600 $ 39,344 $ -
CDBG Sidewalks $ 280,250 $ 280,242 Construction costs Infrastructure Low/Mod area Sub-Total $ 280,250 $ 280,242 $ -
HOUSING ACTIVITIES
Community Services Dept. Lead Based Paint $ 5,000 $ 5,000 Reduction or elimination of lead-based paint hazards on rehabilitated properties
Lead based paint
hazards
Low/Mod
Households 1
Community Services Dept. Asbestos Removal $ 10,000 $ 10,000 Asbestos testing and/or abatement for rehabilitated homes through the City's Housing Rehabilitation program Housing activities Low/Mod Households 1 Sub-Total $ 15,000 $ 15,000 $ -
Community Development Dept. Code Enforcement Program $ 80,000 $ 80,000 Temporary staffing, legal fees, training, dues and memberships, and office supplies Code Enforcement Low/Mod Area 100
Sub-Total $ 80,000 $ 80,000 $ -
PROGRAM ADMINISTRATION
Community Services Dept. Program Administration $ 115,458 $ 115,458 Personnel & associated costs for administration of CDBG Program Program Admin Sub-Total $ 115,458 $ 115,458 $ -
Total of Proposals Received $ 649,558 $ 577,294 $ 47,250 $ 563,294 Estimated CDBG Allocation
$ 14,000 Estimated Program Income
$ 577,294 Total Funding Available
Allocation not to exceed $116,124 ($113,324 Entitlement and $2,800 Program Income) Allocations not to exceed $39,344 ($37,244 Entitlement and $2,100 Program Income) *amended based on alloc.
CODE ENFORCEMENT
PUBLIC FACILITIES & INFRASTRUCTURE
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Attachment: 2023-24 Summary of Proposals and Recommendations (5784 : 2023-2024 CDBG Proposals City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Award of Bid
Prepared By: Javier Villaverde
SCHEDULED Department Head: Adriana Nava
RESOLUTION (ID # 5857) DOC ID: 5857 A
Discussion and Necessary Action Regarding the Award of
Bid and Authorizing the Execution of a Contract for the Debbie Pittman Field Lighting Project
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A
CONTRACT FOR THE DEBBIE PITTMAN FIELD LIGHTING PROJECT
FISCAL IMPACT:
The estimated fiscal impact for the Debbie Pittman Field Lighting Project is $1,390,000 and will be paid for with Measure P Funds.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #4: Recreation and Life Long Learning - Offer opportunities for recreation and life long learning through innovative, inclusive programming, parks and facilities that serve all residents and visitors.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
The due diligence process has been completed. Contractor's Licenses have been verified to be valid and in good standing. Contractor completed the field lighting for Carlos Aguilar Park and installed the lighting for the Aquatic Center Project. They also have completed several other field lighting projects in the Imperial Valley particularly Musco Lighting.
BACKGROUND:
The City of El Centro has various ball parks with lighting amenities. It is estimated that the light fixtures and wooden poles are from the 1960's and the life span of the poles is approximately 50 years. As such, the wooden poles, which range from 50 to 70 feet in height have reached their serviceable life span. During recent windstorm events, two poles have failed and collapsed at Debbie Pittman Park.
On October 18, 2022 Council approved $1,390,000 of Measure P Funds for the Debbie Pittman Field Lighting Project.
DISCUSSION:
A total of $1,390,000 of Measure P Funds has been allocated for this project. The scope of work includes the removal of all existing wooden light poles and main electrical overhead service, the installation of new metal poles with Musco LED field lighting throughout to service all four ball fields and a new 400A underground service. 8 Packet Pg. 88
Resolution (ID # 5857) Meeting of February 21, 2023
CONCLUSION:
Staff is recommending the award of the bid to Ace Electric Inc. in the amount of $888,888.00 and establishment of a contingency in the amount of $120,000.
ATTACHMENTS:
• 00067834 Resolution Final (PDF)
8 Packet Pg. 89
02/2023/cdz/A23-0023_/Reso/AwardBid/Debbie Pittman Field Lighting Project RESOLUTION NO. 23-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO AWARDING THE BID AND AUTHORIZING THE
EXECUTION OF A CONTRACT FOR THE DEBBIE PITTMAN
LIGHTING PROJECT
WHEREAS, the plans and specifications have been adopted by the City Council of the City of El Centro, California and the notice inviting bids has been advertised as required by section 2-185.15 of the City Municipal Code for the Debbie Pittman Field Lighting Project (“the Project”).
WHEREAS, four (4) bids were received and opened on February 9, 2023, in accordance with law, and the Director of Community Services has made a report thereon; and WHEREAS, the City Council has considered the report of the Director of Community Services and, as a result, has determined that four (4) firms submitted bids, with Ace Electric, Inc, an active California corporation, submitting the lowest responsive and responsible bid in the total amount of eight hundred eighty eight thousand eight hundred eighty eight dollars and zero cents ($888,888.00); and
WHEREAS, the City Council finds that the award and approval of a contract for the Project will be in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing is true, correct and adopted.
2. That the City Council hereby accepts the bid of Ace Electric Inc. for the Project.
3. That the City Manager is hereby authorized to sign a contract for the Project in the total amount of eight hundred eighty eight thousand eight hundred eighty eight dollars and zero cents ($888,888.00), a copy of which is on file in the Office of the City Clerk, on behalf of the City.
4. That the City Council hereby establishes a construction contingency fund of one hundred twenty thousand dollars and zero cents ($120,000.00) for the Project.
5. That the City Manager is further authorized to approve and execute any change orders for the Project up to a single change order amount of one hundred twenty thousand dollars and zero cents ($120,000.00), individually or collectively, as needed for unanticipated construction contingencies and is required to report all change orders to the City Council as soon as practical.
6. That the City Council shall approve any change order that either individually exceeds the single change order amount or in combination with other approved change orders
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Attachment: 00067834 Resolution Final (5857 : Award of Contract for Debbie Pittman Field Lighting Project) 02/2023/cdz/A23-0023_/Reso/AwardBid/Debbie Pittman Field Lighting Project exceed the amount established as the construction contingency fund for the Project as set forth herein.
7. That the contract for the Project shall be reviewed and approved as to form by the City Attorney prior to execution and placed on file in the Office of the City Clerk.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023.
CITY OF EL CENTRO
By _______________________
Martha Cardenas-Singh, Mayor
ATTEST:
By ____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By _______________________________
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted a regular meeting of the City Council of the City of El Centro, California, held on the day of ,2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By__________________________
Norma Wyles, City Clerk
8.a
Packet Pg. 91
Attachment: 00067834 Resolution Final (5857 : Award of Contract for Debbie Pittman Field Lighting Project) City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Agreement
Prepared By: Adriana Nava
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 5840) DOC ID: 5840 A
Approval of Agreement with Securitas for Security Services at Various City Facilities
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO AWARDING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR SECURITAS SECURITY SERVICES USA, INC. FOR SECURITY
SERVICES FOR CITY FACILITIES
FISCAL IMPACT:
Various funding sources would be used to pay for the contractual services for the following facilities:
Facility Cost Per Year Funding Source
Bucklin Park (Armed
Guard)
$172,577 Measure P
Sidewinder Skate
Park/Aquatic Center
Rotation (Unarmed Guard)
$39,296 Measure P
City Hall (Unarmed Guard) $7,626 Enterprise Fund
El Centro Transfer Terminal $55,865 FY23 Fund 204- Bus
Shelters FY24 proposed
Measure P
Total Cost for One (1) Year $275,364
Measure P funds have been allocated for one year in the amount of $213,117 for security services at parks and recreation facilities. The amount allocated by Measure P on June 21, 2022 is sufficient to cover the cost of one year of security services at parks and recreation facilities. The cost to provide security services at parks and recreational facilities is $211,873. It should be noted that Fund 204 - Bus Shelters will not be available to fund security services starting FY24. Staff will request alternate funding source during budget cycle.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #3- Community Health, Safety & Welfare
Action 3.12: Continue collaborating with community members to expand crime prevention activities and programs to reduce the fear and incidence of crime.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Not applicable at this time. References will be reviewed after the submission of proposals.
9 Packet Pg. 92
Action Item (ID # 5840) Meeting of February 21, 2023
BACKGROUND:
As part of the Strategic Plan community participation process, City Staff conducted outreach through public community input sessions and online survey opportunities. It was brought to Staff’s attention that security was a great concern for the community.
Many communicated the need for cameras and surveillance at parks or additional security at these facilities. While they enjoyed the recreational facilities and parks, the community felt that the increase in homelessness created anxiety for users of the facilities.
As a response to the community feedback received, Staff obtained a preliminary cost estimate of security services and the cost was approved through the Measure P Process. A Request for Proposal for security services is required given that the estimate exceeds the $50,000 that could be approved by the City Manager and Purchase Officer.
DISCUSSION:
During the Request for Proposal process, the City Manager requested to have one Security Services Agreement for the entire City to achieve economies of scale and to facilitate the contract management process. As such, security services at the Transfer Terminal and City Hall were included as part of the Request for Proposal process. The Request for Proposal attached hereto includes unarmed services for the following facilities:
• El Centro Transfer Terminal, corner of State Street and Seventh Street 139 S. 7th Street, CA. 92243
• City Hall - Finance Department, 1275 W. Main Street, El Centro CA. 92243 • Aquatic Center, 540 Park Avenue, El Centro CA. 92243 & Sidewinder Skate Park, 600-698 Park Avenue, El Centro CA. 92243
The Request for Proposal includes armed services for the following facility:
• Bucklin Park, 8th & Aurora, El Centro, CA. 92243
Each of the security guard services is site specific given that the needs are different at each facility. For example, security services at City Hall are only necessary during shutoff weeks when there is a greater influx of customers at City Hall. However, at facilities such as Bucklin Park, one (1) armed security guard is warranted from 6 AM to 10 PM from Monday through Sunday given the high use of the facility and number of people who use the facility daily to walk/jog/bike.
After one year of security services, Staff will bring the item before Council for consideration as to whether security services are needed at parks and recreation facilities given that these are funded through Measure P funds. The Police Department will be instrumental in making the determination given that the Police Department responds to the service calls at these facilities.
CONCLUSION:
City Staff recommends approval of Request for Proposals for Security Services at 9 Packet Pg. 93
Action Item (ID # 5840) Meeting of February 21, 2023
Various City Facilities.
ATTACHMENTS:
• Security Services Resolution - Final (PDF)
• Security Services Agreement (PDF)
• Exhibits (PDF)
9 Packet Pg. 94
Security Services
02/2023/A23-0014/Resolution/AwardBid_SecuritasSecuritySrvs RESOLUTION NO. 23-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO AWARDING A BID AND AUTHORIZING THE
EXECUTION OF A CONTRACT FOR SECURITAS SECURITY
SERVICES USA, INC. FOR SECURITY SERVICES FOR CITY
FACILITIES.
WHEREAS, request for proposal documents for Security Services for certain City Facilities (the “Project”) were adopted by the City Council of the City of El Centro California and the notice inviting bids has been advertised as required by Section 2-185.15 of the City of El Centro Municipal Code for the Project; and
WHEREAS, on November 16, 2022 the City received three (2) proposals which were ranked, interviewed and evaluated to determine the most qualified business; and WHEREAS, such service consist of unarmed security services for the Transfer Center, City Hall, Brett Driscoll Sidewinder Skate Park, Aquatic Center, and armed services for Bucklin Park (the “City Facilities”); and
WHEREAS, SECURITAS SECURITY SERVICES USA, INC. (“Securitas”) was determined to be the best qualified company to provide such services with a proposal in the amount of Two Hundred Seventy-Five Thousand Three Hundred Sixty-Four ($275,364.00) dollars annually for the term of the contract; and
WHEREAS, it is necessary for the City Council to approve a security contract with “Securitas” for the Project in the form set out on Exhibit “A”, attached and incorporated (the “Agreement”); and
WHEREAS, the City Council finds that its approval of the contract is in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing is true, correct and adopted.
2. That the City Council hereby approves the Agreement with Securitas Security Services USA, Inc.
3. That the Interim City Manager hereby is authorized to sign the Agreement in the amount of Two Hundred Seventy-Five Thousand Three Hundred Sixty-Four dollars annually for the term of the Agreement, on behalf of the City.
4. That the Agreement for security services has been reviewed and approved as to form by the City Attorney prior to execution and is on file in the Office of the City Clerk.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the 7th day of February, 2023.
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Attachment: Security Services Resolution - Final (5840 : Securitas Services Agreement) Security Services
02/2023/A23-0014/Resolution/AwardBid_SecuritasSecuritySrvs
CITY OF EL CENTRO
By___________________________
Martha Cardenas-Singh, Mayor
ATTEST:
By____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By_______________________________
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted at the regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By___________________________
Norma Wyles, City Clerk
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Attachment: Security Services Resolution - Final (5840 : Securitas Services Agreement) 1 | P a g e
AGREEMENT
FOR
SECURITY SERVICES
THE CITY OF EL CENTRO
AND
SECURITAS SECURITY SERVICES USA, INC.
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Attachment: Security Services Agreement (5840 : Securitas Services Agreement) 2 | P a g e
AGREEMENT BETWEEN THE CITY OF EL CENTRO AND
FOR SECURITY SERVICES
THIS Agreement is made and entered into by the City of El Centro (“City”) and Securitas Security Services USA Inc., (“Contractor”) to provide security services at City Hall Bucklin Park, Brett Driscoll Sidewinder Skate Park, Aquatic Center, and El Centro Transfer Terminal. The City and Contractor jointly may be referred to as the Parties.
RECITALS
The City wishes to retain the services of a professional firm to provide armed and unarmed security services as defined in this Agreement; and
In consideration of the above recitals and the mutual covenants and conditions set forth, herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby set forth their mutual covenants and understandings as follows:
ARTICLE I
SECURITY SERVICES
The above-listed recitals are true and correct and are hereby incorporated by reference.
1.1 Scope of Services.
The overall scope of services will include the presence of an unarmed security guard to provide security services at City Hall, Brett Driscoll Sidewinder Skate Park, Aquatic Center, and El Centro Transfer Terminal, and an armed security guard to provide security services at Bucklin Park.
Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks set forth in Exhibit A.
1.2 Task Administrator.
The Community Services Director is the task administrator for this Agreement. The Contractor shall provide the security services under the direction of a designated representative of the office of the Community Services Director. The City’s designated representative will communicate with the Contractor on all matters related to the administration of this Agreement and the Contractor’s performance of the security services rendered hereunder. When this Agreement refers to communications to or with the City, those communications will be with the designated representative, unless the designated representative or the Agreement specifies otherwise.
1.3 City Modification of Scope of Services.
The City may, without invalidating this Agreement, order changes in any task by altering, adding to or deducting from the security services to be performed. All such changes shall be in writing and shall be performed in accordance with the provisions of this Agreement. If any such changes cause an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any of the security
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Attachment: Security Services Agreement (5840 : Securitas Services Agreement) 3 | P a g e
services, the Contractor shall so notify the City. If appropriate, an equitable adjustment to the Contractor’s compensation and time for performance may be made, provided that any adjustment must be approved by both Parties in writing.
1.4 Written Authorization.
Prior to performing any security services in connection with the task, the Contractor shall obtain from the City a written authorization to proceed. The Contractor shall advise the City in writing immediately of any anticipated change in any task, Fee Schedule, or Time Schedule, and shall obtain the City’s written consent to the change prior to making any changes. In no event shall the City’s consent be construed to relieve the Contractor from its duty to render all security services in accordance with applicable laws and accepted industry standards.
1.5 Confidentiality of Services.
All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor with the City’s prior written authorization. The Contractor, its officers, employees or agents shall not without prior written authorization from the City Manager or his designee, or as requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena.
Contractor promptly shall notify City should Contractor, its officers, employees, or agents be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any person or party regarding this Agreement and the work performed hereunder, unless the City is a party to any lawsuit, arbitration or administrative proceeding connected to such discovery, or unless Contractor is prohibited by law from information the City of such discovery. City retains the right, but has not obligation to represent Contractor and/or to be present at any deposition, hearing or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration or administrative proceeding and is adverse to Contractor in such proceeding, Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discover requests provided by Contractor. However, City’s right to review any such response does not imply to mean the City’s right to control, direct or rewrite such response.
All security services performed by the Contractor, including but not limited to daily activity logs and incident reports, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to the Contractor, at the time that it was disclosed to the Contractor by the City, (b) subsequently becomes publicly known through no act or omission by the Contractor, or (c) otherwise becomes known to the Contractor other than through disclosure by the City.
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Attachment: Security Services Agreement (5840 : Securitas Services Agreement) 4 | P a g e
ARTICLE II
DURATION OF AGREEMENT
2.1 Term of Agreement.
This Agreement shall be effective on the date it is executed by the last Party to sign the Agreement, and shall terminate three (3) years after the effective date or upon termination pursuant to Section 2.6-2.9 of this Agreement. The parties may by mutual written consent extend the term of this Agreement upon the same terms and conditions as set out herein.
2.2 Schedule.
The Contractor shall perform its services daily, but may be adjusted depending on various circumstances. Contractor shall provide services in accordance with the schedule approved by the City based on operating conditions, hours of service, and special circumstances. The City reserves the right to change assignment duties, schedules, locations or number of Security Guards assigned to the site. The approved shift schedule shall take into consideration hours of service, varying ridership patterns (i.e., peak vs. off- peak, special events, and emergencies), regular occurrences as pertains to local vehicular traffic activity, and incidents that affect operations. Such changes will be communicated to Contractor in a manner that provides Contractor with a reasonable amount of time to implement the requested changes.
2.3 Notification of Delay.
The Contractor shall immediately notify the City in writing of any delay in completion of the security services. The written notice shall include an explanation of the cause for, and a reasonable estimate of the length of the delay. If the delay affects a material part of the task, the City may exercise its rights under Sections 2.5-2.9 of this Agreement.
2.4 Delay.
If delays in the performance of the security services are caused by unforeseen events beyond the reasonable control of Contractor, such delay shall entitle Contractor to an equitable adjustment of its time for performance, fee, or both. The following conditions may constitute such a delay: war; changes in law or government regulation; labor disputes; strikes; fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the Contractor’s work; inability to obtain materials, equipment or labor; required additional security services; or other specific reasons agreed to between the City and the Contractor; provided, however, that (a) this provision shall not apply and the Contractor shall not be entitled to an extension of time for a delay caused by the acts or omissions of the Contractor; and, (b) that a delay caused by the inability to obtain personnel shall not entitle the Contractor to an extension of time unless the Contractor furnishes the City, in a timely manner, documentary proof, to the City’s satisfaction, of the inability to obtain personnel.
2.5 City’s Right to Suspend for Convenience.
The City may, at its sole option and for its convenience, suspend all or any portion of the Contractor’s performance of the security services, for a reasonable period of time not to exceed six (6) months. In accordance with the provisions of this Agreement, the City will give written notice to
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the Contractor of such suspension. In the event of such a suspension, in accordance with the provisions of Article III of this Agreement, the City shall pay to the Contractor a sum equivalent to the reasonable value of the security services the Contractor has performed up to the date of suspension as determined pursuant to Exhibit A. Thereafter, the City may rescind such suspension by giving written notice of rescission to the Contractor. The City may then require the Contractor to resume performance of the security services in compliance with the terms and conditions of this Agreement; provided, however, that the Contractor shall be entitled to an extension of time equal to the length of the suspension, unless otherwise agreed to in writing by the Parties.
2.6 City’s Right to Terminate for Convenience.
The City may, at its sole option and for its convenience, terminate all or any portion of the security services agreed to pursuant to this Agreement by giving written notice of such termination to the Contractor. Such notice shall be delivered by certified mail with return receipt for delivery to the City. The termination of the security services shall be effective upon receipt of the notice by the Contractor. For services rendered in completing the work, the Contractor shall be entitled to payment for the security services performed by the Contractor before the effective date of termination as determined pursuant to Exhibit A.
2.7 Contractor’s Right to Terminate for Convenience.
The Contractor may, at its sole option and for its convenience, terminate all or any portion of the security services agreed to pursuant to this Agreement by giving written notice of such termination to the City. Such notice shall be delivered by certified mail with return receipt for delivery to the Contractor. The termination of the security services shall be effective upon receipt of the notice by the City. After termination of this Agreement, the Contractor shall complete any and all additional work necessary for the orderly filing of documents and closing of the Contractor’s security services under this Agreement. For services rendered in completing the work, the Contractor shall be entitled to payment for the security services performed by the Contractor before the effective date of termination as determined pursuant to Exhibit A. By accepting payment for completion, the Contractor discharges the City of all of the City’s payment obligations and liabilities under this Agreement.
2.8 City’s Right to Terminate for Default.
If the Contractor substantially fails to perform or adequately perform any material obligation required by this Agreement, the Contractor’s failure constitutes a default. If the Contractor fails to satisfactorily cure a default within ten (10) calendar days of receiving written notice from the City specifying the nature of the default, the City may immediately cancel and/or terminate this Agreement, and terminate each and every right of the Contractor, and any person claiming any rights by or through the Contractor under this Agreement. The rights and remedies of the City enumerated in Section 2.8 are cumulative and shall not limit, waive, or deny any of the City’s rights under any other provision of this Agreement. Nor doesthis Section otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Contractor.
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2.9 City’s Right to Terminate for Bankruptcy or Assignment for the Benefit of Creditors.
If the Contractor files a voluntary petition in bankruptcy, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors, the City may at its option and without further notice to or demand upon the Contractor, immediately cancel and/or terminate this Agreement, and terminate each and every right of the Contractor, and any person claiming any rights by or through the Contractor. The rights and remedies of the City enumerated in Section 2.9 are cumulative and shall not limit, waive, or deny any of the City’s rights under any other provision of this Agreement.
Nor does this Section otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Contractor.
2.10 Unsatisfactory Work
If, at any time during the contract term, the service performed or work done by Contractor is considered by the City to create a condition that threatensthe health, safety, or welfare of the members of the community, Contractor shall, on being notified by the City, immediately correct such deficient service or work. In the event Contractor fails, after notice, to correct the deficient service or work immediately, the City shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of Contractor.
ARTICLE III
COMPENSATION
3.1 General.
The City shall pay the Contractor for all the security services and all expenses related to performance under this Agreement, in an amount as set forth in the Fee Schedule attached and incorporated as Exhibit B. The Contractor shall be entitled to compensation for the security services under this Agreement, whether within the scope of work or as Additional Services, based on the Fee Schedule. Costs and fees shall be valid for at least the first year services are provided to the City and may be adjusted no more than annually thereafter as with the consent of the City.
3.2 Availability of Funds.
It is expressly understood and agreed that the obligation of the City to proceed under this agreement is conditioned upon the appropriation of funds. If the funds anticipated for the continuing fulfillment of the agreement are, at any time, not forthcoming or insufficient, the City shall have the right upon ten (10) working days written notice to Contractor, to terminate this agreement without damage, penalty, cost or expenses to the City of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.
3.3 Manner of Payment.
The Contractor shall bill all fees and expenses incurred in accordance with this Agreement directly to the City on a monthly basis. Contractor agrees to submit invoices to the City that contain a detailed account of each billing. Contractor is classified as an independent contractor and not a
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contractual employee of the City. As such, any compensation due and payable to Contractor will be paid as gross amounts.
3.3.1 Payments.
The Contractorshall submit one invoice per calendar month for work performed in accordance with the Fee Schedule. Undisputed portions of invoices to the City must be in accordance with the Fee Schedule and generally will be payable if approved, within thirty calendar days of receipt.
3.4 Additional Services.
If the City requires additional security services beyond the task, the Contractor will be paid an additional fee. Additional Services shall be in accordance with the rates provided in the Fee Schedule. The City and the Contractor must agree in writing upon such fee prior to the Contractor beginning the Additional Services.
3.5 Eighty Percent Notification.
The Contractor shall promptly notify the City in writing of any potential cost overruns. Cost overruns include, but are not limited to the following: (1) where anticipated costs to be incurred in the next sixty calendar days, when added to all costs previously incurred, will exceed 80 percent of the maximum compensation for this Agreement; or (2) where the total cost for performance of the Scope of Services appears that it may be greater or less than the maximum compensation for this Agreement.
ARTICLE IV
CONTRACTOR’S OBLIGATIONS
4.1 Industry Standards.
In addition to the Contractor’s covenants described in Article VI hereof, the Contractor agrees that the security services rendered under this Agreement shall be performed in accordance with the standards customarily adhered to by an experienced and competent professional security firm using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field of service in the State of California. Where approval by the City, the City Manager, or other representatives of the City is required, it is understood to be general approval only and does not relieve the Contractor of responsibility for complying with all applicable laws, codes, and good security practices.
4.1.1 Licenses.
At all times during the term of this Agreement and any extension thereof, Contractor shall have in full force and effect all licenses required of it by law for the performance of the services described in this Agreement.
4.2 Right to Audit.
4.2.1 Access. The City retains the right to review and audit, and the reasonable right of
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access to Contractor’s premises to review and audit the Contractor’s compliance with the provisions of this Agreement. The City’s audit rights include but are not limited to the right to inspect and copy, and to retain copies, outside of the Contractor’s premises, of any and all records with appropriate safeguards, if such retention is deemed necessary by City in its sole discretion. This information shall be kept by the City in strictest confidence allowed by law.
4.2.2 Audit. The City’s audit rights include the right to examine any and all books, records, documents and any other evidence of procedures and practices that the City determines are necessary to discover and verify that the Contractor is in compliance with all requirements under this Agreement.
4.2.2.1 Cost Audit. If there is a claim for additional compensation or for Additional Services, the City’s may examine books, records, documents, and any and all other evidence and accounting procedures and practices that the City determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred.
4.2.2.1.1 Accounting Records. The Contractor shall maintain complete and accurate records in accordance with generally accepted accounting practices in the industry. The Contractor shall make available to the City for review and audit financial records and other records as may be prescribed by the City or by applicable federal and state laws, rules, and regulations. These records shall be made available during the term of the contract. Upon the City’s request, the Contractorshall submit exact duplicates of originals of all requested records to the City at Contractor’s cost.
4.3 Insurance.
Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this agreement.
4.4 Non-Discrimination Requirements.
The Contractor shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or treatment of personnel, vendors or suppliers. The Contractor understands and agrees that violation of this clause shall be considered a material breach of the contract and may result in contract termination, debarment, or other sanctions. This language shall be in contracts between the Contractor and any employees, vendors and suppliers.
4.5 Drug-Free Workplace.
The Contractor agrees to ensure a drug free work place. The Contractor shall certify to the City that it will provide a drug-free workplace by submitting a Contractor Certification for a Drug-Free Workplace form.
4.5.1 Contractor’s Notice to Employees. The Contractor shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of
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a controlled substance is prohibited in the work place, and specifying the actions that will be taken against employees for violations of the prohibition.
4.5.2 Drug-Free Awareness Program. The Contractor shall establish a drug-free awareness program to inform employees about all of the following:
4.5.2.1 The dangers of drug abuse in the work place.
4.5.2.2 The policy of maintaining a drug-free work place.
4.5.2.3 Available drug counseling, rehabilitation, and employee assistance programs.
4.5.2.4 The penalties that may be imposed upon employees for drug abuse violations.
4.5.3 Posting the Statement. In addition to Section 4.7.1 above, the Contractor shall post the drug-free policy in a prominent place.
4.6 Product Endorsement.
The Contractor acknowledges and agrees that any advertisement identifying or referring to the City as the user of a product or service requires the prior written approval of the City.
4.7 Conflict of Interest.
The Contractor is subject to all applicable federal, state and local conflict of interest laws, regulations and policies applicable to its contract with the City and procurement practices related to such contract, including but not limited to California Government Code sections 1090, etc. seq. and 81000, et. seq. Contractor may be required to complete one or more statements of economic interest disclosing relevant financial interests as determined by Exhibit D, Contractor’s Statement of Financial Interest, attached and incorporated as if fully set forth herein. City may amend Exhibit D from time to time. Upon the City’s request, the Contractor shall submit the necessary supplementary documentation to the City.
4.7.1 The Contractor shall establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships.
4.7.3 The Contractor’s personnel shall not accept gratuities or any other favors from any members of the community that utilize the transit services.
4.7.4 If the Contractor violates any conflict of interest laws or any of these provisions in Section 4.10, the violation shall be grounds for immediate termination of this Agreement. Further, the violation subjects the Contractor to liability to the City for attorney fees and all damages sustained as a result of the violation.
4.7.5 Contractor covenants that neither he/she nor any officer or principal of his/her firm
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have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed as an officer, employee, or agent.
4.7.6 Undue Influence. Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Contractor, or from any officer employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this subsection shall be a material breach of the Agreement entitling the City to any and all remedies at law or in equity.
4.8 Mandatory Assistance.
If a third party dispute or litigation, or both, arises out of, or relates in any way to the security services provided under this Agreement, upon the City’s request, the Contractor, its agents, officers, and employees agree to assist in resolving the dispute or litigation. The Contractor’s assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation.
4.9 Compensation for Mandatory Assistance.
The City may compensate the Contractor for fees incurred for providing Mandatory Assistance as Additional Services under Section 3.3.
4.10 Attorney Fees related to Mandatory Assistance.
In providing the City with dispute or litigation assistance, the Contractor or its agents, officers, and employees may incur expenses and/or costs. The Contractor agrees that any attorney fees it may incur as a result of assistance provided under Section 4.11 are not reimbursable.
ARTICLE V
CITY’S OBLIGATIONS
5.1 Ownership of Documents.
Contractor shall maintain complete and accurate records relating to the performance of services under this Agreement. Contractor shall maintain records of services in sufficient detail to permit an evaluation of such services. This Section shall apply whether the Contractor’s security services are terminated: (a) by the completion of the assignment, or (b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the Contractor shall have the right to make copies of all such records at Contractor’s sole expenses.
All records and supporting documents shall be maintained by Contractor for a minimum of three (3) years after the date of final payment, and longer if requested by the provisions of applicable laws or
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regulations or as requested by the City.
Upon completion, termination or suspension of the Agreement, all original records and other documents prepared in the course of providing the security services pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without of the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.
5.2 Employment of City Staff.
This Agreement may be unilaterally and immediately terminated by the City, at its sole discretion, if the Contractor employs an individual who, within the last twelve (12) months immediately preceding such employment did, in the individual’s capacity as an officer or employee of the City, participate in, negotiate with, or otherwise have an influence on the recommendation made to the City Council or City Manager in connection with the selection of the Contractor.
ARTICLE VI
INDEMNIFICATION
6.1 Indemnification
To the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, including legal counsel fees and costs for counsel acceptable to City, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to the performance of or failure to perform under this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, or employees. Consultant’s duty to indemnify and hold harmless agency shall not extend to the City’s sole or active negligence
6.2 General Indemnification Provisions.
Contractor shall obtain executed indemnity agreements with provisions identical to those set forth here in this Article from any person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section.
6.3 Duty to Defend
In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit or other adversarial proceeding arising from the performance of or failure to perform the Consulting Services encompassed by this Agreement, and upon demand by City, the Contractor shall have an immediate duty to defend the City at Contractor’s cost or at City’s option, to reimburse
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the City for its costs of defense, including for attorney’s fees and costs incurred in the defense of such matters. Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence of the City or its officers, employees or agents, Contractor will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as solely negligent.
Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
ARTICLE VII
MISCELLANEOUS
7.1 Notices.
In all cases where written notice is required under this Agreement, service shall be deemed sufficient if the notice is deposited in the United States mail, first class, postage paid. Proper notice shall be effective on the date it is mailed, unless provided otherwise in this Agreement. For the purpose of this Agreement, unless otherwise agreed in writing, notice to the City shall be addressed to: Main Street El Centro, CA 92243 and notice to the Contractorshall be addressed to .
7.2 Headings.
All article headings are for convenience only and shall not affect the interpretation of this Agreement.
7.3 Non-Assignment.
The Contractor shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the City’s prior written approval. Any assignment in violation of this paragraph shall constitute a default and is grounds for immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative assignment create a contractual relationship between the City and any putative assignee.
7.4 Independent Contractors.
The Contractor shall be and at all times remain independent contractors and not agents of the City. The personnel performing the services under this Agreement on behalf of the Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement. Any provisions of this Agreement that may appear to give the City any right to direct the Contractor concerning the details of performing the security services, or to exercise any control over such performance, shall mean only that the Contractor shall follow the direction of the City concerning the end results of the performance.
Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City or bind City in any manner.
No employee benefits shall be available to Contractor in connect with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay
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salaries, wages or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
7.5 Contractor for Security Services.
It is understood that this Agreement is for unique security services. Retention of the Contractor’s security services is based on the particular professional expertise of the individuals rendering the services set forth.
7.6 Covenants and Conditions.
All provisions of this Agreement expressed as either covenants or conditions on the part of the City or the Contractor shall be deemed to be both covenants and conditions.
7.7 Compliance with Controlling Law.
The Contractor shall keep itself informed of State and Federal laws and regulations that in any manner affect those employed by it or the performance of this Agreement. The Contractor shall at all times observe and comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement. In addition, the Contractor shall comply immediately with all directives issued by the City or its authorized representatives under authority of any laws, statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.
7.8 Jurisdiction, Venue, and Attorney Fees.
The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of Imperial, State of California.
7.9 Successors in Interest.
This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any Party’s successor in interest.
7.10 Integration.
This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, or written pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force and effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by either Parties or an amendment to this Agreement
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agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement.
7.11 Counterparts.
This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties had executed the same page.
7.12 No Waiver.
No failure of either the City or the Contractor to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach.
7.13 Severability.
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal.
7.14 Municipal Powers.
Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a charter city of the State of California.
7.15 Drafting Ambiguities.
The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
7.16 Signing Authority.
The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
7.17 Conflicts Between Terms.
If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this
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Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
IN WITNESS WHEREOF, this Agreement is executed by the City Council of the City of El Centro, acting by and through City Manager, pursuant to Resolution No. 23- , authorizing such execution, and by the Contractor.
THE CITY OF EL CENTRO
By:_
Cedric Ceceña, Interim City Manager
Date:
I HEREBY CERTIFY I can legally bind that I have read all of this Agreement, this day of , 2023.
By: _
Authorized Representative
Print Name
Title:
Date:
I HEREBY APPROVE the form and legality of the foregoing Agreement this day of , 2023.
APPROVED AS TO FORM:
Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney
Date
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EXHIBIT A
SCOPE OF SERVICES
The selected CONTRACTOR shall be required to provide a detailed scope of services. Successful proposals shall address all pertinent requirements addressed in the proposal. The following elements are anticipated to be critical components of the required scope of work and should provide prospective candidates with a starting point for developing a detailed scope of work:
Security Guard Services:
• It shall be the responsibility of CONTRACTOR to protect and safeguard CITY facility and grounds area, and equipment from any harm, theft and/or vandalism. CONTRACTOR’S response to the RFP shall contain an outline of how CONTRACTOR proposes to provide such services.
• CONTRACTOR shall provide properly trained, licensed and qualified on-site security officers at the location deemed by this AGREEMENT.
• CONTRACTOR shall maintain and provide to the CITY upon request, within twenty-four (24) hours of said request, daily activity logs and incident reports. Refer to Exhibit E – Sample Activity/Incident Log.
Security Guard Requirements:
• CONTRACTOR shall provide properly trained, qualified and licensed security guards. • CONTRACTOR's security guard staff shall be fully uniformed so as to be identified by the public as an employee of CONTRACTOR, physically fit and armed with an appropriate firearm that he/she provides and is licensed to utilize. Security guards should only be armed at facilities where armed services are requested.
Removal of Security Guard:
• CONTRACTOR shall be an independent contractor as to City. Notwithstanding, CONTRACTOR shall remove any security officer from servicing the CITY location when so requested by the CITY for any reason whatsoever and replace with a properly trained and qualified security officer.
• Key Assignment: CITY shall issue two (2) master building key sets and two (2) restroom key sets to CONTRACTOR. One (1) set shall be for the CONTRACTOR as back up and one (1) set shall be for the security personnel performing services pursuant to the AGREEMENT. Under no circumstances whatsoever, shall CONTRACTOR fabricate or cause to be fabricated a duplicate master building key. Keys assigned to on-site security guards shall be rotated with shift change. CONTRACTOR shall ensure assigned keys do not leave the building site. Keys will only be issued for the following facilities:
• Bus Terminal
• Sidewinder Skate Park
• Bucklin Park (Restroom key only)
• Upon termination of this AGREEMENT, CONTRACTOR must immediately return all keys
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assigned to CONTRACTOR. If keys are lost or not immediately returned by CONTRACTOR, CITY may at its sole discretion re-key an entire building at CONTRACTOR’s sole expense. All re-key work shall be performed by CITY and billed at a time and material rate.
Security Guard Services Site Specific:
• El Centro Transfer Terminal
Security guard is to be stationed inside the facility. Duties include performing routine checks, reporting any unusual activity such as smoking, vandalism, graffiti, etc., and opening public restrooms for bus riders when requested.
Tentative service and schedule:
One (1) security guard
Security Service: Unarmed
Days of Service: Monday – Friday
Hours: 10:00 a.m. to 6:00 p.m.
Holiday schedule to match Imperial Valley Transit calendar • Aquatic Center and Sidewinder Skate Park
Security guard is to rotate every 60 minutes between the facilities. For the Aquatic Center, security guard is to patrol outside the facility and for the Sidewinder Skate Park security guard is to be stationed inside the facility. Duties include performing routine checks, reporting any unusual activity such as smoking, vandalism, graffiti, etc. for both facilities and opening restrooms at the Sidewinder Skate Park when requested. Building and restrooms keys will be provided for the Sidewinder Skate Park only.
Tentative service and schedule:
One (1) security guard
Security Service: Unarmed
Days of Service: Monday – Sunday
Hours: 7:00 p.m. to 11:00 p.m.
Service to be provided during holidays
• City Hall – Finance Department
Security guard is to be stationed inside the facility creating a presence in the City Hall lobby during “shut off” week. Duties include performing routine checks and reporting any unusual activity.
Tentative service and schedule:
One (1) security guard
Security Service: Unarmed
Days of Service: Three (3) days per month. Security schedule to be provided.
Hours: 8:00 a.m. – 5:00 p.m.
Holiday schedule to match City calendar
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Packet Pg. 114 Attachment: Exhibits (5840 : Securitas Services Agreement) Request for Proposals – City of El Centro Security Services 31 | P a g e A22-0192
• Bucklin Park
Security guard is to be stationed inside the facility, perform routine checks and report any unusual activity such as smoking, vandalism, graffiti, etc.
Tentative service and schedule:
One (1) security guard
Security Service: Armed
Days of Service: Monday – Sunday
Hours: 6:00am to 10:00pm
Service to be provided during holidays
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Packet Pg. 115 Attachment: Exhibits (5840 : Securitas Services Agreement)
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Packet Pg. 116 Attachment: Exhibits (5840 : Securitas Services Agreement) Investment Proposal
Securitas USA can help create efficiencies in the security program at City of El Centro, by developing dynamic alternatives that can help contain your costs without compromising your security requirements. It is our recommendation to allow an on-site Operational Analysis to determine site-specific alternatives utilizing Securitas’ full spectrum of Protective Services. Please reference details of all items included in proposed pricing below.
Bucklin Park – On Site Security
Position HPW
Wage
Rate
Bill
Rate
OT/
Holiday
Bill
Rate
Estimated
Monthly
Cost
TOTAL
Estimated
Yearly Cost
Armed Security Officer 112 $19.00 $29.36 $43.97 $14,381 $172,577 Onsite Guarding Service includes armed Security Officer(s) to provide property protection, patrol the park, serve as deterrent, report unusual activities, and other services to be detailed in site-specific Post Orders. Officers will utilize SecuritasVision solution. Based on baseline schedule: One (1) Security Officers per 8-hour shift, two shifts per day, 7 days per week.
El Centro Transfer Terminal – On Site Security
Position HPW
Wage
Rate
Bill
Rate
OT/
Holiday
Bill
Rate
Estimated
Monthly
Cost
TOTAL
Estimated
Yearly Cost
Unarmed Security Officer 40 $17.00 $26.48 $39.72 $4,655 $55,865 Onsite Guarding Service includes unarmed Security Officer(s) to provide property protection, routine checks, serve as deterrent, report unusual activities, and other services to be detailed in site-specific Post Orders. Officers will utilize SecuritasVision solution. Based on baseline schedule: One (1) Security Officers per 8-hour shift, one shift per day, 5 days per week.
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Packet Pg. 117 Attachment: Exhibits (5840 : Securitas Services Agreement) Tools
Proposed rates include SecuritasVision technology. As detailed within the Tools section of the proposal, system offers:
Paperless Reporting, Mobile Event Alerts, Tour Confirmation, and GPS location verification with real time notifications via SecuritasConnect online client portal, SMS, or email.
Dedicated Security Vehicle
On-site dedicated patrol vehicle, 2022 Toyota Tacoma, included in the aforementioned rates, to be direct billed at $938.00 per month. Cost includes insurance, vehicle striping, lightbar, GPS, and GPS Software. Maintenance and fuel will be direct billed as incurred.
Overtime / Holidays / PTO
Overtime, Holidays, Vacation, and State Mandated Sick Time will be billed as incurred. Paid time off is available and will be a billable item. Overtime and Holidays to be billed at 1.5 times the straight time bill rate. Overtime rates will apply to the following: extended shifts or hours performed beyond baseline schedule at the request of City of El Centro; Sidewinder Skate Park and Aquatic Center – On Site Security Position HPW
Wage
Rate
Bill
Rate
OT/
Holiday
Bill
Rate
Estimated
Monthly
Cost
TOTAL
Estimated
Yearly Cost
Unarmed Security Officer 28 $17.00 $26.48 $39.72 $3,275 $39,296 Onsite Guarding Service includes unarmed Security Officer(s) to provide property protection and rotate between venues every 60 minutes either outside the facility or station inside based on post orders, serve as deterrent, report unusual activities, and other services to be detailed in site-specific Post Orders. Officers will utilize SecuritasVision solution. Based on baseline schedule: One (1) Security Officers per 4-hour shift, one shift per day, 7 days per week.
City Hall Finance Department – On Site Security
Position
Hours
per
MONTH
Wage
Rate
Bill
Rate
OT/
Holiday
Bill
Rate
Estimated
Monthly
Cost
TOTAL
Estimated
Yearly Cost
Unarmed Security Officer 24 $17.00 $26.48 $39.72 $636 $7,626 Onsite Guarding Service includes unarmed Security Officer(s) to provide property protection, complete routine checks, serve as deterrent, report unusual activities, and other services to be detailed in site-specific Post Orders.
Officers will utilize SecuritasVision solution. Based on baseline schedule: One (1) Security Officers per 8-hour shift, 3 days per month.
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Packet Pg. 118 Attachment: Exhibits (5840 : Securitas Services Agreement) additional personnel or hours requested by City of El Centro with less than 72 hours’ notice, but only for the first 72 hours. Holiday premiums apply on the following recognized holidays:
New Year’s Day
Labor Day
Memorial Day
Thanksgiving Day
Independence Day
Christmas Day
Emergency/Disaster Coverage
In the event of flood, earthquake, or other region-wide emergency, Securitas shall supply additional resources, if required, to satisfy City of El Centro, security requirements. Rates for such additional services, which shall be determined in advance upon mutual written consent of the parties, may include premium wage rates, travel, lodging, and meal allowances.
Proposed investment includes:
• Onsite Guarding Services with SecuritasVision handheld technology with SecuritasConnect client portal. • Three Smartphone will be provided with the aforementioned guard management SecuritasVision software. • District Manager and Field Supervision to oversee day-to-day operations of service for City of El Centro • In accordance with the Affordable Care Act, the opportunity for all eligible Security Officers to enroll in a subsidized ACA compliant Bronze medical plan
• Recruitment, background screening and hiring costs
• Employee wages, payroll taxes and insurance
• Paid Vacation, or paid time off, available for Officers based on length of service. • Free life insurance
• Enhanced benefits called SecuritasCommitment includes programs that cover healthy lifestyle, diabetes management, personal well-being, financial wellness, and professional growth. • Securitas College Programs partnered with Purdue Global University to offer employees access to Certificate, Associates, or Bachelor’s degree programs that are up to 90% paid by Securitas Security Services.
• Complete uniforms including replacements as needed
• Personal Protective Equipment (PPE) for each security officer (ex. facemasks, gloves) with replacements as needed per Securitas COVID-19 guidelines and protocol
• Introductory, pre-assignment and paid on-site training • Advanced Certification Training I, II, III with e-learning technology • Learning Management System to track completed courses and test scores • Monthly service review and planning meetings with local District Manager • Computer-based post orders, including client emergency response procedures • Site-specific written test based on post orders and client policies
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Packet Pg. 119 Attachment: Exhibits (5840 : Securitas Services Agreement) • 24hour National Communications Center
• Department of Homeland Security SAFETY Act Designation
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Packet Pg. 120 Attachment: Exhibits (5840 : Securitas Services Agreement) Request for Proposals – City of El Centro Security Services 33 | P a g e A22-0192
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $2.500,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $5,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONTRACTOR agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this AGREEMENT.
Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Other provisions or requirements
Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors.
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Packet Pg. 121 Attachment: Exhibits (5840 : Securitas Services Agreement) Request for Proposals – City of El Centro Security Services 34 | P a g e A22-0192
Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agreesthat any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds
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Packet Pg. 122 Attachment: Exhibits (5840 : Securitas Services Agreement) Request for Proposals – City of El Centro Security Services 35 | P a g e A22-0192
under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. CONTRACTOR agrees to ensure that its subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR.
CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
CONTRACTOR agrees that upon request, all agreements with CONTRACTORs, subcontractors, and others engaged in the project will be submitted to CITY for review.
CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice ofsuch change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY.
CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
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Packet Pg. 123 Attachment: Exhibits (5840 : Securitas Services Agreement) Request for Proposals – City of El Centro Security Services 36 | P a g e A22-0192
EXHIBIT D
CONSULTANT’S FINANCIAL DISCLOSURE STATEMENT 1
Consultant will comply with all conflict of interest laws and regulations including, without limitations, City’s Conflict of Interest Code (on file in the City Clerk’s Office) as required by Section 4.10 of this Agreement. It is incumbent upon the Consultant to notify the City pursuant to Sections 7.1 and 7.5 of any staff changes relating to this Agreement. The City Manager has made the following determination and Consultant, by his/her signature, acknowledges said determination.
A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Consultant will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required of any officers, employees, and/or agents of Consultant. Consultant duties are as follows:
City Manager Consultant Signature & Title
B. In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant may make or participate in making a governmental decision, which may have a foreseeable material effect on a financial interest. As a result, the Consultant shall be subject to the Disclosure Category “Consultant” of the City’s Conflict of Interest Code.
City Manager Consultant Signature & Title
1 Title 2, Division 6. California Code of Regulations Section 18701(a)(2). Pursuant to a contract with a local government agency, a consultant shall be required to file a Statement of Economic Interest if that consultant will: “(A) Make a government decision whether to: (1) Approve a rate, rule or regulation; (2) Adopt or enforce a law; (3) Issue, deny, suspend or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; (4) Authorize the agency to enter into, modify or renew a contract provided it is the type of contract which requires agency approval; (5) Grant agency approval to a contract which requires agency approval and which the agency is the party or to the specifications for such contract; (6) Grant agency approval to a plan, design, report, study or similar item; or (7) Adopt, or grant approval of policies, standards or guidelines for the agency or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in regulation 18702.2 or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s Conflict of Interest Code, under Governmental Code Section87302.” 2 Disclosure by Consultants: Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the City’s adopted Conflict of Interest Code, subject to the following limitations: The City Manager may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and closely supervised, and, thus, is not required to comply with the disclosure requirements in the City’s adopted Conflict of Interest Code. Such written determination shall include a description of the consultant’s duties. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as the City’s adopted Conflict of InterestCode.
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Packet Pg. 124 Attachment: Exhibits (5840 : Securitas Services Agreement) Request for Proposals – City of El Centro Security Services 37 | P a g e A22-0192
EXHIBIT E
SAMPLE ACTIVITY/INCIDENT LOG
CITY OF EL CENTRO
ACTIVITY/INCIDENT LOG
Officer Name: Location: Transfer Terminal - El Centro, CA. From: (Date) Time:
To: (Date) Time:
Time Activity Location Details and Action Taken IN OUT
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Packet Pg. 125 Attachment: Exhibits (5840 : Securitas Services Agreement) City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Resolution
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
RESOLUTION (ID # 5825) DOC ID: 5825
Renewal of Resolution Declaring a Local Emergency in the City of El Centro due to Imperial County Storm Event
10/15/22
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RENEWAL OF THE PROCLAMATION AND
RATIFICATION OF A LOCAL STORM EMERGENCY IN THE CITY OF EL CENTRO BACKGROUND:
On October 15, 2022, Imperial County 10/15/2022 Storm resulted in rains and damage to critical infrastructure in the City of El Centro.
In a time of disaster, the City's Municipal Code Section 8-29 empowers the City Manager as Director of Emergency Services, the ability to issue a proclamation of emergency for local emergencies as defined in City Municipal Code Section 8-3.
A Proclamation of Emergency was issued on October 18, 2022 through Resolution 22- 110 by Council.
On December 20, 2022, the Proclamation of Emergency was renewed and ratified through Resolution 22-135.
DISCUSSION:
State law requires that a city adopt and thereafter review a declaration of emergency every 60 days. This review and confirmation of the local declaration of emergency indicates the City’s on-going emergency authority and meets the requirements for funding, should any be available.
CONCLUSION:
Adopt Resolution No. 23- , RENEWAL OF THE PROCLAMATION AND
RATIFICATION OF A LOCAL STORM EMERGENCY IN THE CITY OF EL CENTRO ATTACHMENTS:
• Renewal Resolution No. 23 - (PDF)
10 Packet Pg. 126
02/2023/lz/A22-0219/Resolution/LocalEmergencyImperialCountyStormEvent RESOLUTION NO. 23-
RENEWAL OF THE PROCLAMATION AND RATIFICATION OF A LOCAL
STORM EMERGENCY IN THE CITY OF EL CENTRO
WHEREAS, the California Emergency Services Act, including, but not limited to, Government Code Sections 8630 et seq, and Chapter 8, Article 1 of the City Municipal Code, empower the City Manager to proclaim the existence of a local emergency in the City when the City Council is not in session; and
WHEREAS, a local emergency as defined in City Municipal Code Section 8.2 now exists in the City due to the Imperial County Storm Event 10/15/22 (“Storm Event”) which resulted in water intrusion and damage to critical infrastructure, including, but not limited to the City’s sewer and water and drainage systems, roads and rights of way, power and light poles, as well as public safety facilities and also to the City property and related facilities and equipment at El Centro Regional Medical Center, a separate agency and enterprise operation of the City; and WHEREAS, on or about October 18, 2022, the City Council ratified the local emergency proclaimed by the City Manager on October 15, 2022, under the authority set out in the City Code based upon the storm events which support the proclamation of the existence of a Local Emergency as defined in City Code Section 8.2 and the advice of the State Office of Emergency Services; and
WHEREAS, on or about December 20, 2022, the City Council renewed that emergency declaration; and
WHEREAS, these emergency conditions are or are likely to be beyond the control of the services, personnel, and equipment of the City; and
WHEREAS, state law requires that the City Council review and, if appropriate, continue the state of emergency every 60 days; and
WHEREAS, the City Council has reviewed and considered the continuing impacts of the Storm Event and finds that the state of emergency should continue within the City of El Centro.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO HEREBY PROCLAIMS AND ORDERS:
1. That the recitals are true and correct and are incorporated herein as though set forth in full.
2. The City Council has determined that the Local Emergency continues to exist in the City of El Centro.
3. During the existence of the Local Emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by the laws of the State of California, including but not limited to Government Code Section 8634, by Chapter 8 Article 1 of the City Code and by the City Emergency Plan.
4. During the existence of this Local Emergency, the City shall follow and impose all directives, mandates, Executive Orders, and any other emergency-related restrictions issued by the State of California.
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Packet Pg. 127 Attachment: Renewal Resolution No. 23 - (5825 : Renewal Imperial County Storm Event 10/15/22) 02/2023/lz/A22-0219/Resolution/LocalEmergencyImperialCountyStormEvent
5. That during the existence of this Local Emergency, the powers, functions and duties of the emergency organization of the City shall be prescribed by state law, ordinances and resolutions of the City.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held this 21st day of February 2023.
By _______________________
Martha Cardenas-Singh, Mayor
ATTEST:
By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By________________________________
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA)
COUNTY OF IMPERIAL) ss
CITY OF EL CENTRO)
I, Norma Wyles, City Clerk of the City of El Centro, California do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on ,2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By _________________________
Norma Wyles, City Clerk
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Packet Pg. 128 Attachment: Renewal Resolution No. 23 - (5825 : Renewal Imperial County Storm Event 10/15/22) City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: Human Resources
El Centro, CA 92243 Category: Policy
Prepared By: Dulce Bedolla
SCHEDULED Department Head: Dulce Bedolla
ACTION ITEM (ID # 5863) DOC ID: 5863
Discussion and necessary action regarding termination of COVID-19 Vaccination and Testing Policy
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, TERMINATING POLICY NO. 218 SETTING A COVID-19 VACCINATION OR
TESTING POLICY FOR CURRENT AND FUTURE CITY EMPLOYEES
FISCAL IMPACT
Salary savings from reduced processes.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal No. 1 - Financial & Governance Stability and Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Not applicable.
BACKGROUND:
On or about February 15, 2022, as a result of the on-going COVID-19 pandemic, and its impact on City staff and the public, City staff prepared and the City Council adopted prior Resolution No. 22-13 with the attached Vaccination and Testing Policy. At the time of adoption of the Vaccination and Testing Policy, the Council indicated that the Policy would be revised or terminated when it no longer was needed because of the termination of the state and/or local emergency.
DISCUSSION:
As of February 28, 2023, the state wide declaration of emergency will be repealed.
Resolution No. 23- _____ repeals the corresponding City declaration of a local emergency. Therefore, staff recommends adopt of this resolution terminating the Policy.
The Interim City Manager recommends termination of the Policy by adoption of this Resolution.
CONCLUSION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, TERMINATING POLICY NO. 218 SETTING A COVID-19 VACCINATION OR
TESTING POLICY FOR CURRENT AND FUTURE CITY EMPLOYEES
ATTACHMENTS:
• Resolution - Ending COVID-19 Vaccine or Testing Policy (RTF) 11 Packet Pg. 129
02/2023/cdz/A22-0019/Resolution/TerminationofPolicyNo218 RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EL CENTRO, CALIFORNIA
TERMINATING POLICY NO. 218 SETTING
A COVID-19 VACCINATION OR TESTING POLICY FOR
CURRENT AND FUTURE CITY EMPLOYEES
WHEREAS, for the past three years, the City has experienced the COVID19 pandemic and has had in place a local state of emergency based upon a state emergency; and
WHEREAS, the state declaration of emergency will terminate on February 28, 2023; and
WHEREAS, pursuant to Resolution No. 23-____, the City declaration of a local emergency also will terminate; and
WHEREAS, for these reasons, Policy No. 218 no longer needs to remain in effect and hereby is terminated effective as of March 1, 2023; and WHEREAS, notwithstanding, the City encourages its employees to take the steps they determine to be necessary to protect against COVID-19 and other viruses that may affect their health, that of their families, their co-workers and the public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO DOES RESOLVE AND ORDER AS FOLLOWS:
1. The Recitals set out above are true and correct.
2. The Policy No. 218 hereby is terminated and Resolution No. 22-13 repealed in its entirety.
3. This Resolution shall take effect on March 1, 2023.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the 21st day of February, 2023.
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Packet Pg. 130 Attachment: Resolution - Ending COVID-19 Vaccine or Testing Policy (5863 : Discussion and necessary action regarding termination of COVID- 02/2023/cdz/A22-0019/Resolution/TerminationofPolicyNo218
CITY OF EL CENTRO
ATTEST:
By
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
By
Martha Cardenas Singh,
Mayor
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the forgoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the 21st day of February, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By
Norma Wyles, City Clerk
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Packet Pg. 131 Attachment: Resolution - Ending COVID-19 Vaccine or Testing Policy (5863 : Discussion and necessary action regarding termination of COVID- City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: City Manager's Office
El Centro, CA 92243 Category: Resolution
Prepared By: Elizabeth Zarate
SCHEDULED Department Head: Cedric Cesena
ACTION ITEM (ID # 5738) DOC ID: 5738
Ending the State of Emergency for COVID-19
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO DECLARING ENDING A LOCAL EMERGENCY FOR THE COVID-19 CORONA VIRUS
BACKGROUND:
On March 4, 2020, the Governor of the State of California declared an emergency based upon the threat of the COVID-19 coronavirus within the state. On March 5, 2020, the City declared a Local Emergency for the COVID-19 CORONAVIRUS. This action was to ensure it provided the City additional powers to coordinate local efforts and identify resources that were necessary to manage the response as the situation continued to evolve effectively. This action was also necessary for the County and State emergency declarations because it gave the City of El Centro enforcement and other powers, as well as powers to override policies and procedures if needed, as provided in Chapter 8 of the City Code.
DISCUSSION:
On October 17, 2022, the Governor of the State of California announced that the COVID-19 State of Emergency will end on February 28, 2023, charting the path to phasing out one of the most effective and necessary tools that California has used to combat COVID-19.
Due to the state’s vaccination and public health efforts, California and Imperial County have the tools to continue fighting COVID-19 when the State of Emergency terminates at the end of February, including vaccines and boosters, testing, treatments and other measures like masking.
CONCLUSION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO DECLARING ENDING A LOCAL EMERGENCY FOR THE COVID-19 CORONA VIRUS
ATTACHMENTS:
• Resolution (DOCX)
12 Packet Pg. 132
1 02/2023/cdz/A20-0052/Resolution
Ending Emergency Dec COVID19
RESOLUTION NO. 23-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO DECLARING ENDING A LOCAL EMERGENCY FOR THE COVID-19
CORONAVIRUS
WHEREAS, section Health & Safety Code section 101080 and Chapter 8 of the City Code authorize the City to declare a local health emergency whenever the City of El Centro determines that there is an epidemic; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared an emergency based upon the threat of the COVID-19 coronavirus (COVID-19) within the state; and WHEREAS, on March 5, 2020, the Imperial County (“County”) declared a local health emergency throughout the County based on the imminent and proximate threat to public health from the introduction of the COVID-19 coronavirus (“COVID-19”) in Imperial County; and WHEREAS, the City Council hereby found that there was an imminent and proximate threat to public health from the introduction of COVID-19 in Imperial County, for the reasons set forth and that the use of emergency power is warranted to deal with this emergency.
WHEREAS, the Governor of the State of California announced on October 17, 2022 that the COVID-19 State of Emergency will end on February 28, 2023, phasing out one of the most effective and necessary tools that California has used to combat COVID-19.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing is true, correct and adopted hereby.
2. That assuming no change in the termination of the state emergency, this Resolution is adopted and is effective on February 28, 2023, and until such time as revoked by the City Council or Interim City Manager.
3. The Interim City Manager as the Director of Emergency Services, and the Emergency Operations Center Coordinator shall have the authority set out in Chapter 8 of the City Code and as otherwise provided by state law and City policies and procedures.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of 2023.
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Packet Pg. 133 Attachment: Resolution (5738 : Ending the State of Emergency for COVID-19) 2 02/2023/cdz/A20-0052/Resolution
Ending Emergency Dec COVID19
CITY OF EL CENTRO
By __________________________
Martha Cardenas-Singh, Mayor
ATTEST:
By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By _______________________________
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) SS
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the forgoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By _________________________
Norma Wyles, City Clerk
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Packet Pg. 134 Attachment: Resolution (5738 : Ending the State of Emergency for COVID-19) City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: Human Resources
El Centro, CA 92243 Category: Personnel
Prepared By: Dulce Bedolla
SCHEDULED Department Head: Dulce Bedolla
ACTION ITEM (ID # 5862) DOC ID: 5862
Employment Contract for Deputy Police Chief
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO ESTABLISHING THE COMPENSATION AND EMPLOYMENT TERMS
FOR THE POSITION OF DEPUTY POLICE CHIEF
FISCAL IMPACT:
Compensation for this contract will be paid by the General Fund.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #1 - Financial & Governance Stability & Sustainability Action 1.7 - Align the provision of critical city services and Strategic Plan Implementation with current staffing levels.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
Pay increases for the Deputy Police Chief as discussed by City Council.
DISCUSSION:
The terms and conditions as per the attached resolution are being presented to the City Council for final approval:
Monthly salary increases to be effective as follows:
February 27, 2023- $11,050
July 1, 2023- $11,381.50
July 1, 2024- 2% salary increase if received satisfactory annual evaluation The employee will receive medical insurance benefits on the same basis as other City employees.
CONCLUSION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO ESTABLISHING THE COMPENSATION AND EMPLOYMENT TERMS
FOR THE POSITION OF DEPUTY POLICE CHIEF
.
ATTACHMENTS:
• Deputy Police Chief Reso 2023 (DOCX)
13 Packet Pg. 135
02/2023/cdz/A23-0022/DeputyChiefofPoliceEmpContract
00092167.1
1 RESOLUTION 23-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO ESTABLISHING THE COMPENSATION AND
EMPLOYMENT TERMS FOR THE POSITION OF DEPUTY
POLICE CHIEF
WHEREAS, Kelly L. Brown (the “Employee”) has been duly appointed to the position of Deputy Police Chief; and
WHEREAS, this Resolution constitutes a contract of employment between Employee and the City of El Centro (the “City” or the “Employer”) and is approved and adopted at an open session regular meeting of the City Council; and
WHEREAS, in light of the foregoing facts, the City Council of the City of El Centro, California (“the City Council”) finds that the approval of this resolution will be in the best interest of the City of El Centro, California, to determine the compensation provisions for Employee; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. The foregoing is true and correct and adopted hereby.
2. Salary. Effective February 27, 2023, Employee shall receive a base salary of [eleven thousand fifty dollars $11,050.00] per month.
Effective July 1, 2023, the Employee shall receive a base salary of $11,381.50.
3. Performance Increase. Employee’s anniversary date shall be February 27, 2024. The Employee shall be evaluated on each subsequent anniversary date. As of July 1, 2024, if the Employee has had a satisfactory annual evaluation, he shall be entitled to a 2% increase in base salary.
4. Medical/Life Insurance.
The Employee is eligible for insurance coverage provided by the City in the same amounts as for other employees.
a. Life Insurance. Employer shall provide term life insurance in the amount of one hundred fifty thousand dollars ($150,000).
b. Disability Insurance. Employer shall continue to provide Disability Insurance to Employee.
5. At-Will Employment Status. It is understood and agreed to by and between the City and the Employee that the Employee’s employment is at-will and that the Employee serves at the pleasure of the City Manager. The Employee acknowledges and agrees that as a condition of employment as the Deputy Police Chief, in exchange for the salary and benefits described herein, and as applicable to him, he waives any property interest in any
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Packet Pg. 136 Attachment: Deputy Police Chief Reso 2023 (5862 : Employment Contract for Deputy Police Chief) 02/2023/cdz/A23-0022/DeputyChiefofPoliceEmpContract
00092167.1
2 positions that he previously held with the City and has no right of reinstatement to any former position upon termination of his employment as Deputy Police Chief. It is further understood by the parties that the Employee cannot contest discipline or a separation from employment under the City’s Personnel Rules and Regulations. Employee understands that he has no property right in his employment or civil service protection except as provided in Section 16, below.
6. Retirement: Employee shall be eligible to participate in the City’s Retirement Plan with the California Public Employee Retirement System (CalPERS). The City will contribute one hundred percent (100%) of the employer contribution amount as determined by CalPERS under the Classic Plan. Employee shall pay the employee portion of nine percent (9%). Employee contributions will be paid pre-tax under IRS section 414 (h) (2). a. Effective the first full pay period following July 1, 2023, the Employee shall pay 9% of the member contribution plus an additional "cost share" pension contrition of 3%, total pension contribution shall be 12%. This pension contribution shall extend beyond the expiration of this MOU.
Upon retirement from the City, Employee shall have the opportunity to participate in the same comprehensive major medical, dental, life, and vision care insurance program.
If the sum of Employee’s age (expressed in years and complete months) plus the “years of service credit with the City” (as reflected in the records of the California PERS) totals seventy-five (75) or greater, Employer shall pay six hundred nineteen dollars and one cent ($619.01) towards the cost of the Employee portion of said insurance until Employee reaches age sixty-five (65). During this time, insurance coverage will be available to Employee’s dependents at Employee’s expense. At age sixty-five (65), the retired Employee may elect to continue said insurance coverage as a Medicare Supplement Plan, including dependent coverage, at Employee’s expense.
7. Vacation Leave. Employee shall accrue vacation leave. Vacation leave is provided for Employee for the purpose of rest and relaxation from duties and for attending personal business.
a. Accrual. Employee’s vacation leave shall accrue at a rate of six and fifteen one hundredth (6.15) hours bi-weekly. This rate of accrual is the maximum permitted under the City’s vacation leave accrual program and will not increase in subsequent years. b. Accumulation. Vacation leave may be accumulated up to a maximum of one and onehalf (1½) times the annual accrual rate with a maximum of two hundred forty (240) hours.
c. Scheduling. Employee’s requests to take Vacation leave must have the prior approval of the Chief of Police. Such approval shall not be unreasonably withheld. d. Payment of Vacation Leave at Termination. Upon termination of employment, Employee shall be paid for any accrued Vacation leave at Employee’s current rate of pay.
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Packet Pg. 137 Attachment: Deputy Police Chief Reso 2023 (5862 : Employment Contract for Deputy Police Chief) 02/2023/cdz/A23-0022/DeputyChiefofPoliceEmpContract
00092167.1
3 8. Cash out of Vacation or Annual Leave Hours: Employee shall be allowed to cash out only the amount of the denied vacation leave hours, up to the maximum of eighty (80) hours when:
a. He has taken a minimum of one (1) week of vacation leave during the current fiscal year;
b. He thereafter is denied a request to take additional vacation leave in that fiscal year because of department or City workload or reasons beyond the control of either party to this MOU; and
c. For such reason, he is unable to take said vacation leave by the end of that fiscal year without triggering overtime which would be paid by the City. (1) One-Time Payment. Such a cash out shall be a one-time payment that is not compensable under PERS and is not part of the regular rate of pay. (2) Hardship. Effective July 1, 2022, or upon approval of the City Council, whichever occurs later, employees may cash out vacation leave only in the event of a financial emergency where: (i) the employee can demonstrate that the employee has a real financial emergency caused by an event beyond their control, (ii) it would result in serious financial hardship if the cash payment were not made, and (iii) the amount of the cash payment is limited to the amount necessary to meet the emergency. The City Manager or designee will determine, at their sole discretion, whether an emergency exists and the extent of the financial need.
9. Sick Leave. Employee shall accrue sick leave.
a. Accrual. Sick leave shall accrue at a rate of three and sixty-nine one hundredth (3.69) hours bi-weekly.
b. Accumulation. Sick leave hours may be accumulated without restriction.
10. Administrative Leave. Employer shall provide Employee with sixty-four (64) hours of paid administrative leave per year effective July 1, of each year. Administrative leave shall not accumulate from year-to-year. Any administrative leave time remaining in Employee’s account as of June 1 of any year may be converted to cash, provided, however, that the total leave converted shall not exceed five (5) days. If administrative leave is not converted, any administrative leave time remaining as of June 30th shall be forfeited.
11. Car Allowance. Employee will be provided with a City vehicle for Employee’s use understanding the nature of routine off-hour responses to police and other City business as Section 13.7, Vehicle Usage Police, of the City’s Rules and Regulation. If Employee utilizes his personal vehicle for travel outside of the county, he will be reimbursed at the current Federal privately-owned vehicle mileage reimbursement rate in accordance with the City’s Personnel Rules and Regulations, Section 17.10.
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Packet Pg. 138 Attachment: Deputy Police Chief Reso 2023 (5862 : Employment Contract for Deputy Police Chief) 02/2023/cdz/A23-0022/DeputyChiefofPoliceEmpContract
00092167.1
4 12. Uniforms and Equipment. For purposes of defraying the cost of purchasing and maintaining uniforms and clothing prescribed by the Employer, Employee will receive a uniform allowance of one thousand five hundred ($1,500) annually; seven hundred fifty ($750) dollars payable in the month of January and seven hundred fifty ($750) dollars in the month of July. Employee shall furnish, upon the request of the Employer, copies of the receipts for the purchase or maintenance of uniforms or clothing prescribed by the Employer. Employer shall provide police equipment, police car, bullet resistant vest, and replacement for wear and tear of such items.
13. Holidays. Employee shall have the same paid holidays as other City employees.
14. Bereavement Leave.
a. In the event of a death in Employee’s immediate family, Employee shall be eligible for a leave of absence for up to three (3) regularly scheduled days. If required travel exceeds five hundred (500) miles each way, Employee may be granted an additional day (eight hours) of bereavement leave. During such leave, Employee shall be paid her regular salary; provided, however, that prior approval for the use of such leave is obtained from Employee’s supervisor.
b. Employee’s immediate family shall be defined as: spouse, child, mother, father, motherin-law, father-in-law, brother, sister, brother-in-law, sister-in-law, son-in-law, daughterin-law, grandmother, grandfather or a grandchild. c. Documentation of the date and location of the funeral and the date of burial shall be furnished by Employee upon request of the City.
15. Full-Time Commitment. During the term of this Agreement, Employee shall dedicate his full-time to fulfilling his responsibilities hereunder. Employee shall not be involved in any outside activity that conflicts with the performance of his duties as Deputy Chief of Police.
16. Employment Termination/Severance Pay. The employment of the Employee shall terminate upon written notice by either party. However, should such termination be instigated by the City without cause, then Employee shall receive severance pay in an amount equal to employee’s base monthly salary at the last date employee is at work (and not on leave status) with the City times four (4) months. Entitlement to all other benefits cease with Employee’s termination from City employment. Should such termination be instigated by the City with cause, Employee shall be entitled to notice and hearing as provided by the Personnel Rules and Regulations and the Police Officers’ Bill of Rights.
If cause is sustained, the Employee shall not be entitled to severance except as required by law.
17. Severability. If any of the provisions of this Agreement are held to be illegal, invalid or unenforceable in any respect, the remainder of the agreement and all other provisions hereunder shall not be affected thereby, and such provision shall be deemed to be modified to the extent necessary to permit its enforcement to the maximum extent permitted by applicable law.
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Packet Pg. 139 Attachment: Deputy Police Chief Reso 2023 (5862 : Employment Contract for Deputy Police Chief) 02/2023/cdz/A23-0022/DeputyChiefofPoliceEmpContract
00092167.1
5 18. Assignment. This agreement shall be binding upon and inure to the benefits of Employer, its successors it assigns and to the benefit of Employee, his/her heirs, and legal representatives, except that Employee’s duties to perform future services and the right to receive payment therefore are hereby and expressly agreed to be non-assignable and nontransferable.
19. Governing Law. This agreement shall be governed by the laws of the State of California, and any litigation concerning this Agreement shall be filed and maintained in the State of California.
20. Attorney’s Fees/Costs. Each party shall bear its own attorney’s fees or costs associated with litigation concerning this Agreement.
21. Complete Agreement. This document between the parties constitutes the complete agreement and supersedes all previous agreements and understandings.
22. Reimbursement of Cash Settlement Upon Conviction of a Crime Involving Office or Position. Regardless of the term of this agreement, if this agreement is terminated, any cash settlement related to the termination that the Employee may receive from the City shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, on the 21st day of February, 2023.
CITY OF EL CENTRO
By
Martha Cardenas-Singh, Mayor
ATTEST:
By
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney
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Packet Pg. 140 Attachment: Deputy Police Chief Reso 2023 (5862 : Employment Contract for Deputy Police Chief) 02/2023/cdz/A23-0022/DeputyChiefofPoliceEmpContract
00092167.1
6 STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk, of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the Council of the City of El Centro, California, held on the 21st day of February, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By
Norma Wyles, City Clerk
I agree to the foregoing:
Kelly L. Brown Date
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Packet Pg. 141 Attachment: Deputy Police Chief Reso 2023 (5862 : Employment Contract for Deputy Police Chief) City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Appointment
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 5849) DOC ID: 5849
Mayors appointment to the IID 2 on 2 Meeting Board.
CITY MANAGER’S RECOMMENDATION:
Mayors Recommendation: Appointment of two Council Members to the IID 2 on 2 Meeting Board.
These 2 on 2 meeting are to discuss issues that surround both IID and the City of El Centro. The meetings will be either monthly or quarterly. 14 Packet Pg. 142
City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Informational
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
INFORMATION ITEM (ID # 5859) DOC ID: 5859
Imperial Avenue / Euclid Avenue sink hole emergency work update
Background
On September 27, 2022 Council approved an emergency declaration regarding Hurricane Kay through Resolution 22-103.
On October 4, 2022 City Council approved emergency repair work at the Imperial Avenue @ Euclid Avenue sink hole and authorized up to $750,000 Waste Water Enterprise Fund budget towards repairs through a change order to the existing city contract with A&R Construction for the Alder Sewer Repairs. The approval was through Resolution 22-106.
On November 15, 2022 Council reviewed and confirmed the proclamation of local emergency in the City of El Centro through Resolution 22-125.
On January 17, 2023 Council reviewed and confirmed the proclamation of local emergency in the City of El Centro through Resolution 23-02.
Work Update
The 10/15/22 Imperial Storm following Hurricane Kay delayed repairs at this site as the work site was completely flooded. Work resumed and the root cause of the sink hole has been repaired. Traffic is fully open at the intersection. A final course of asphalt is pending to be performed.
Staff has received the invoice from A&R for the work and is in the process of routing for approval. The work is within Council budget approval. Staff is working with CalOES for potential State participation.
Staff will return to Council with information items on the emergency work every Council meeting to keep Council updated until the emergency project is completed. 15 Packet Pg. 143
City Council of the City of El Centro Meeting: 02/21/23 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Informational
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
INFORMATION ITEM (ID # 5860) DOC ID: 5860
Imperial Avenue / Scott Avenue sink hole emergency work update
Background
On October 18, 2022 Council approved an emergency declaration regarding the Imperial October 15, 2022 storm event through Resolution 22-110.
The 10/15/22 Imperial County Storm Event created a new sink hole along Imperial Avenue at the Scott Avenue intersection on October 24, 2022.
On November 1, 2022 City Council was advised by staff that the same work contractor (A&R Construction) assisting with the nearby Euclid Avenue sinkhole repairs had been engaged to assist. City Council authorized up to $750,000 in Waste Water Enterprise Fund budget towards repairs.
On December 20, 2022 Council renewed and ratified the proclamation of a local storm emergency in the City of El Centro through Resolution 22-135.
Work Update
Work activities are almost complete. The sewer main has been repaired and traffic opened in all lanes. As of 12/13/2022, paving has been completed. The final lift of asphalt is still pending, however traffic is now fully open.
A concrete ADA ramp was removed as part of the work. The replacement of the ADA ramp falls beyond the scope of the emergency for Caltrans repair purposes. As such, the replacement of the ADA ramp will be done as a separate process through standard Caltrans encroachment permit application.
Staff will return to Council with information items on the emergency work every Council meeting to keep Council updated until the emergency project is completed. 16 Packet Pg. 144