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28 NOW, THEREFORE, the Parties agree as follows:
1. DEFINITIONS.
1.1. “Base year revenues” means property tax revenues accruing to each agency in the current fiscal year, being defined as the fiscal year in which the annexation is accepted by the State Board of Equalization.
1.2. “Tax increment” means that the amount of property tax revenues in excess of base year revenues accruing to each agency (by Tax Rate Area) and resulting from the increase in assessed valuation from one year to the next.
2. TAX APPORTIONMENT.
2.1. Special Districts. When a special district, including County Fire and Library Districts, gives up its service responsibility in a territory, upon annexation of such territory to a City, the affected special districts shall transfer to the City all of its base year revenues and tax increment attributable to the annexed territory, effective in the fiscal year following the calendar year in which annexation is completed. Cemetery Districts are expressly excluded from this paragraph, such that any changes in assessments and tax revenues would need to be negotiated directly with the Cemetery Districts.
2.2. Substantially Developed Areas. For jurisdictional changes where the proposed area is agreed to by County and City to be already substantially developed at the time of annexation, revenue shall be distributed as follows:
2.2.1. Base year revenues. No transfer of the base year revenues is required.
2.2.2. Tax increment. The aggregate amount of the tax increment that would accrue to County, as a result of the aforestated base year revenue apportionment, shall be distributed in the amount of fifty percent (50%) of the increment to the City and fifty percent (50%) of the increment to the County.
2.3. Not Substantially Developed Areas. For jurisdictional changes where the proposed area is agreed to by County and City to be not substantially developed at the time of annexation, revenue shall be distributed as follows:
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28 2.3.1. Base year revenues. The County shall transfer to the City forty percent (40%) of the base year revenues.
2.3.2. Tax increment. The aggregate amount of the tax increment that would accrue to County and City, as a result of the aforementioned base year revenue apportionment, shall be distributed in the amounts as follows:
(a) Annexations of territory where the proposed area is agreed by the Parties to be for residential development, the tax increment shall be distributed in the amount of sixty percent (60%) to the City and forty percent (40%) to the County.
(b) Annexations of territory where the proposed area is agreed by the Parties to be for non-residential development, the tax increment shall be distributed in the amount of sixty percent (60%) to the City and forty percent (40%) to the County.
(c) Annexations of territory where the proposed area is agreed by the Parties to be a combination of residential and non-residential development (mixed development), the tax increment shall be distributed in the amount of sixty percent (60%) to the City and forty percent (40%) to the County.
2.3.3. Property owned by a tax-exempt entity. For annexations of territory of property owned by a tax-exempt entity, the base year revenue shall be zero dollars ($0.00).
Additionally, a tax increment shall only be generated if the property, or a portion thereof, is developed by an entity subject to property taxation. In that specific instance, tax increment shall be distributed in accordance to Section 2.3.1 or Section 2.3.2 of this Agreement as applicable.
2.3.4. The table below summarizes the preceding items under Section 2 of this Agreement for reference:
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28 Category County of
Imperial
City of El
Centro
Special Districts 0% 100%
Base Year Allocation
Substantially Developed Areas 100% 0%
Not Substantially Developed
Areas
60% 40%
Increment Allocation
Substantially Developed Areas 50% 50%
Not Substantially Developed
Areas: Residential, NonResidential and Mixed
Development
40% 60%
3. APPLICATION
The provisions of this Agreement shall apply to the apportionment of all secured and unsecured property tax revenues, due to annexation to the City which have not heretofore been negotiated and agreed to by the parties to the effective date of this Agreement.
4. COUNTY DEVELOPMENT IMPACT FEES
4.1. To offset the negative impacts to County of any annexation approved during the term of this Agreement, City shall require developer, as compensation for the discounted negative impacts for the first twenty (20) years of project development, to pay the County certain Impact fees pursuant to the Schedule of Fiscal Impact Fees Per Unit (residential) and per Square Foot (nonresidential) – Countywide attached hereto as Exhibit “A” (“Fee Schedule”). Said Fee Schedule is pursuant to the Impact Fee Study prepared for the County of Imperial, California by Tischler Bise dated August 17, 2006. A copy of said Impact Fee Study is available upon request.
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28 4.2. In the event that the developer fails to pay the County the applicable County Impact Fees required to be paid in respect of any building permits related to any annexation approved during the term of this agreement for which the developer is making application to the City, City shall deny the application for the said building permits until such time as the developer pays the required County Impact Fees applicable to such building permits as provided for pursuant to the Fee Schedule.
4.3. Said payment of County Impact Fees shall be made by the developer to the County in the appropriate and applicable amount depending upon the number of building permits for which the developer is making application to the City at any given time. Upon payment by the developer of the County Impact Fees applicable to any building permits for which the developer is making application to the City as provided for above, the County shall issue a receipt and/or other form of documentation evidencing that the developer has made the required payment and the City shall be entitled to rely upon such receipt and/or other documentation issued by the County that the required County Impact Fees in respect of such building permits have been paid for the purposes of this Agreement.
4.4. In the event that 1) the developer fails to pay the County the applicable County Impact Fees required to be paid in respect of any building permits related to any annexation approved during the term of this agreement for which the developer is making application to the City and 2) the City approves the application for the said building permits despite the failure of developer to pay the applicable County Impact Fees, then City shall pay County the applicable County Impact Fees. Such payment shall be due within thirty (30) days of the approval of the application for building permits.
5. TERM OF AGREEMENT
5.1. This Agreement shall become effective upon execution by both Parties and remain in effect for a term of one (1) year from the date of signing. The terms and conditions shall remain in full force and effect until each term or condition is completely and fully satisfied or a subsequent agreement is negotiated and approved by both Parties.
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28 5.2. Not less than ninety (90) days prior to the expiration of this Agreement, the County and City shall commence negotiation for continuance of this Agreement or formation of new Agreement including fee review and related studies to support any new or revised agreement.
6. REDEVELOPMENT
Prior to the City including any portion of any annexations covered by this Agreement into any program which adversely fiscally impacts County, such as former “Redevelopment Agencies / Zones” (“RDA’s”) where any successor Agencies are formed that are similar to RDA’s and property tax revenues could be affected, City and County shall renegotiate and enter into a new and separate agreement which addresses said negative fiscal impacts.
7. INTENT OF AGREEMENT
By entering into this Agreement, the parties mutually assume the continuation of a statutory scheme for the distribution of tax revenues that is compatible with the provisions contained herein, and such assumption is a basic intent of this Agreement.
8. MEMORANDUM OF ANNEXATION
Following approval of each individual annexation project by LAFCO falling under the terms of this Master Tax Sharing Agreement, a Memorandum of Annexation memorializing the subject annexation shall be entered into by the parties,signed by the City and agendized before the Board of Supervisors for approval, so that a public record is created for the Imperial County Auditor-Controller’s Office to utilize as a tool for processing annual property tax distributions going forward. The form of Memorandum is attached hereto as Exhibit “B”.
9. SEVERABILITY
If any term or provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or otherwise unenforceable, the remaining terms and provisions shall continue in full force and effect.
10. GOVERNING LAW
This Agreement is made and entered into in Imperial County, California. This agreement shall be construed and enforced in accordance with the laws of the State of California, except that the Parties agree
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28 that any action brought by either Party regarding this Agreement shall be brought in a court of competent jurisdiction in Imperial County, or if appropriate, in the Federal District Court serving Imperial County.
11. GOOD FAITH
The Parties hereto agree to act in good faith and deal fairly with the other Party in the performance of this Agreement.
12. NOTICES.
Notices required hereunder shall be in writing and may be given either personally or by registered or certified mail, postage prepaid, return receipt requested. If given by registered or certified mail, such notice shall be addressed as indicated below, and shall be deemed given and received upon the earlier of actual receipt by the Party to whom the notice was sent, or return of the requested receipt to the Party giving notice. Notice personally given shall be deemed given when delivered to the Party to whom the notice is addressed. Any party may upon ten (10) days written notice to the other Party, change the address where notices are to be sent.
Notice to County
County of Imperial
County Executive Office
Attention: County Executive Officer
940 Main Street, Suite #208
El Centro, CA 92243
With Copies To
Imperial County LAFCO
Attention: Executive Officer
1122 State St., Suite D
El Centro, CA 92243
Notice to City
City of El Centro
Attention: City Manager
1275 W. Main Street
El Centro, CA 92243
13. COUNTERPARTS.
The Parties herein agree that this Agreement may be executed in counterparts.
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28 14. AUTHORITY.
The Parties herein each warrant and represent that they are authorized to execute this Agreement and bind City or County to the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year written below.
COUNTY OF IMPERIAL: CITY OF EL CENTRO
By: _____________________________ By: ______________________________ Luis A. Plancarte, Chairman Sylvia Marroquin, Mayor
Imperial County Board of Supervisors El Centro City Council Date: _____________________________ Date: _____________________________ ATTEST: ATTEST:
By: _____________________________ By: _____________________________ Blanca Acosta, Clerk Norma Wyles, Clerk
of the Board of Supervisors of the City of El Centro
Approved as to Form: Approved as to Form
By: ___________________________ By: ___________________________ Eric R. Havens Elizabeth L. Martyn
County Counsel City Attorney
MEMORANDUM OF ANNEXATION
This Memorandum of Annexation is made and entered into by and between the CITY OF EL CENTRO, a municipal corporation of the state of California (“City”), and the COUNTY OF IMPERIAL, a political subdivision of State of California (“County”), with respect to that certain Master Tax Sharing Agreement dated _____________, 2024 (“Agreement”), for the annexation located at ___________________________, also identified as a portion of APN ___________ (“Annexation Property”):
1. Parties: County of Imperial & City of El Centro
2. Reference to the 2024 Master Tax Sharing Agreement approval date (not known yet)
3. Name of Annexation (ex: “EC __-__”)
4. Annexation date of approval by LAFCO
5. Assessor’s Parcel Numbers for the affected properties IT IS SO AGREED.
COUNTY: CITY:
County of Imperial
By: _______________________________
, Chairperson
Imperial County Board of Supervisors
Date: ______________________________
City of El Centro
By: _______________________________
, Mayor
Date: ______________________________
EXHIBIT "B"
11/2024/cdz/A24-0066/Reso/MasterTaxFiscalImpactAgrmt 1
RESOLUTION NO. 24-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO APPROVING A MASTER
TAX AND FISCAL IMPACT AGREEMENT WITH
THE COUNTY OF IMPERIAL FOR THE
EXCHANGE OF PROPERTY TAX REVENUES
UPON ANNEXATION OF TERRITORY TO THE
CITY
WHEREAS, it is necessary for the City Council of the City of El Centro, California (hereinafter referred to as “City Council”) to approve a Master Tax and Fiscal Impact Agreement (hereinafter referred to as “the Agreement”) for exchange of property tax revenues upon annexation of territory to the City; and
WHEREAS, this Agreement shall become effective upon execution by both the City and the County of Imperial and remain in effect for a term of one year; and WHEREAS, the City Council finds that its approval of the Agreement will be in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO DOES HEREBY RESOLVE THAT:
1. That the foregoing is true, correct and adopted hereby.
2. That the City Council does hereby approve the Agreement with the County of Imperial for the exchange of property tax revenue due to annexation to the City.
3. That the Mayor of the City of El Centro, California, is hereby authorized to sign said Agreement, a copy of which is on file in the Office of the City Clerk, on behalf of the City of El Centro, California.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of 2024.
CITY OF EL CENTRO
By: ____________________________
Sylvia Marroquin, Mayor
ATTEST:
By: ___________________________
Norma Wyles, City Clerk
11/2024/cdz/A24-0066/Reso/MasterTaxFiscalImpactAgrmt 2
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. 24- 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 , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ______________________________
Norma Wyles, City Clerk
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2024-244)
Item: 16.
Meeting: 12/3/2024 4:00 PM
Department:
Category: Resolution
Prepared by: Veronica Leal, Staff
Assisstant
Department Head: Joseph Bernal
DOC ID: 2024-244
Agreement between the City of El Centro and the American Red Cross for Use of City Facilities.
CITY MANAGER'S RECOMMENDATION:
Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING AN UPDATED AGREEMENT WITH THE AMERICAN RED
CROSS FOR TEMPORARY USE OF CITY FACILITIES TO PROVIDE SERVICES DURING A DISASTER.
FISCAL IMPACT:
Limited to facility costs during operations; electricity, water, etc.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Community Health, Safety & Welfare
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKES, INSURANCE, ETC.:
As per agreement, the American Red Cross will provide proof of Commercial General Liability and Automotive Liability.
BACKGROUND:
The American National Red Cross, a non-profit corporation chartered by the United States Congress, provides services to individuals, families and communities when disasters strike. The disaster relief activities of the Red Cross are made possible by the American public, who support the Red Cross with generous donations. The Red Cross’s disaster services are also supported by facility owners who permit the Red Cross to use their buildings as shelters and other service delivery sites for disaster victims.
DISCUSSION:
This resolution proposes an agreement between the City of El Centro and the American Red Cross to enhance disaster preparedness and response capabilities for city residents.
Under this agreement, the American Red Cross will have access to designated city facilities, including the MLK Pavilion, Conrad Harrison Youth Center, and the Community Center for disaster-related activities and services, subject to availability.
The agreement aims to support the provision of critical assistance to residents during emergencies, ensuring timely access to shelter, aid, and other resources. This partnership aligns with the city's commitment to community resilience and disaster readiness.
CONCLUSION:
Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING AN UPDATED AGREEMENT WITH THE AMERICAN RED
CROSS FOR TEMPORARY USE OF CITY FACILITIES TO PROVIDE SERVICES DURING A DISASTER.
ATTACHMENTS:
1. Facility Use Agreement (2024)
2. Pet Addendum to Faciltiy Use Agrmt (2024)
3. Resolution- American Red Cross (rvsd 112224)
LOG Facility Use Agreement Form V.6.0 2024-04-11 1
Facility Use Agreement
The American National Red Cross (“Red Cross”), a non-profit corporation chartered by the United States Congress, provides services to individuals, families, and communities when disasters strike. The disaster relief activities of the Red Cross are made possible by the American public, who support the Red Cross with generous donations. The Red Cross’s disaster services are also supported by facility owners who permit the Red Cross to use their buildings as shelters and other service delivery sites for disaster victims. This agreement is between the Red Cross and a facility owner (“Owner”) so the Red Cross can use the facility to provide services during a disaster. This agreement only applies when Red Cross requests use of the facility and is managing the activity at the facility.
Parties and Facility
Owner:
Full Name of Owner City of El Centro
Address 1275 W. Main St. El Centro, CA 92243
Attn. City Manager
24-Hour Point of Contact
Name and
Title Work
Phone Cell
City Manager Cedric Cesena
Office: (760) 337-4540
Cell: (760) 336-1085
Fire Chief Joseph Bernal
Office: (760) 337-4530
Cell: (760) 554-5269
Address for Official
Notices (only if
different from above
Red Cross:
Chapter Name
Chapter Address
24-Hour Point of Contact
Name and
Title Work
Phone Cell
Address for Official
Notices
American Red Cross, Disaster Cycle Services Logistics, 8550 Arlington Blvd., Fairfax, VA 22031
Facility:
Insert name and complete street address of building or, if multiple buildings, write “See attached facility list,” and attach facility list, including complete street address of each building that is part of this agreement. If the Red Cross will use only a portion of a building, then describe the portion of the building that the Red Cross will use. Martin Luther King Sports Pavilion and Conrad Harrison Youth Center – 770 Park Ave., El Centro, CA 92243 Community Center – 375 So. First St., El Centro, CA 92243
LOG Facility Use Agreement Form V.6.0 2024-04-11 2
Terms and Conditions
1. Use of Facility: Upon request and if feasible, Owner will permit the Red Cross to use and occupy the Facility on a temporary basis to conduct emergency, disaster-related activities.
The Facility may be used for the following purposes (both parties must initial all that apply):
2. RED CROSS shall not store any equipment or materials at the FACILITY or adjoining property without the
prior written approval of the CITY Manager or designee.
3. RED CROSS shall not remove, relocate, or take CITY property outside of the FACILITY for any reason
without the prior written approval of the CITY Manager or designee.
4. RED CROSS shall not use CITY equipment, tools, or furnishings located in or about the FACILITY without
5. the prior written approval of the CITY Manager or designee.
6. RED CROSS shall comply with all local, state, and federal laws and regulations related to the use of the
7. FACILITY. The RED CROSS agrees to abide by all applicable federal and state accessibility standards and
regulations.
8. RED CROSS shall not admit a larger number of individuals than can lawfully, safely, and freely move about
9. the FACILITY.
10. Gambling of any kind is not permitted at the FACILITY.
11. Smoking is not permitted at the FACILITY.
12. Alcohol and Drugs are not permitted at the FACILITY
13. Household pets are permitted at the FACILITY in a designated area.
Facility Purpose Owner Initials Red Cross
Initials
Service Center (Operations, Client Services, or Volunteer Intake)
Storage of supplies
Parking of vehicles
Disaster Shelter
14. Facility Management: The Red Cross will designate a Red Cross official to manage the activities at the Facility (“Red Cross Manager”). The Owner will designate a Facility Coordinator to coordinate with the Red Cross Manager regarding the use of the Facility by the Red Cross.
15. Condition of Facility: The Facility Coordinator and Red Cross Manager (or designee) will jointly conduct a survey of the Facility before it is turned over to the Red Cross. They will use the first page of the Red Cross’s Facility/Shelter Opening/Closing Form to record any existing damage or conditions. The Facility Coordinator will identify and secure all equipment in the
LOG Facility Use Agreement Form V.6.0 2024-04-11 3
Facility that the Red Cross should not use. The Red Cross will exercise reasonable care while using the Facility and will not modify the Facility without the Owner’s express written approval.
16. Food Services (This paragraph applies only when the Facility is used as a shelter or service center.): Upon request by the Red Cross, and if such resources are available, the Owner will make the food service resources of the Facility, including food, supplies, equipment and food service workers, available to feed the shelter occupants. The Facility Coordinator will designate a Food Service Manager to coordinate meals at the direction of and in cooperation with the Red Cross Manager. The Food Service Manager will establish a feeding schedule and supervise meal planning and preparation. The Food Service Manager and Red Cross Manager will jointly conduct a pre-occupancy inventory of the food and food service supplies before the Facility is turned over to the Red Cross. When the Red Cross vacates the Facility, the Red Cross Manager and Facility Coordinator or Food Service Manager will conduct a post-occupancy inventory of the food and supplies used during the Red Cross’s activities at the Facility.
17. Custodial Services (This paragraph applies only when the Facility is used as a shelter or service center.): Upon request of the Red Cross and if such resources are available, the Owner will make its custodial resources, including supplies and workers, available to provide cleaning and sanitation services at the Facility. The Facility Coordinator will designate a Facility Custodian to coordinate these services at the direction of and in cooperation with the Red Cross Manager.
18. Security/Safety: In coordination with the Facility Coordinator, the Red Cross Manager, as he or she deems necessary and appropriate, will coordinate with law enforcement regarding any security and safety issues at the Facility.
19. Signage and Publicity: The Red Cross may post signs identifying the Facility as a site of Red Cross operations in locations approved by the Facility Coordinator. The Red Cross will remove such signs when the Red Cross concludes its activities at the Facility. The Owner will not issue press releases or other publicity concerning the Red Cross’s activities at the Facility without the
LOG Facility Use Agreement Form V.6.0 2024-04-11 4
written consent of the Red Cross Manager. The Owner will refer all media questions about the Red Cross activities to the Red Cross Manager.
20. Closing the Facility: The Red Cross will notify the Owner or Facility Coordinator of the date when the Red Cross will vacate the Facility. Before the Red Cross vacates the Facility, the Red Cross Manager and Facility Coordinator will jointly conduct a post-occupancy inspection, using the second page of the Shelter/Facility Opening/Closing Form, to record any damage or conditions.
21. Fee (This paragraph does not apply when the Facility is used as a shelter. The Red Cross does not pay fees to use facilities as shelters.): Both parties must initial one of the two statements below:
a. Owner will not charge a fee for the use of the Facility.
Owner Initials Red Cross Initials
b. The Red Cross will pay $ per: for the right to use and occupy the Facility Owner Initials Red Cross Initials
22. Reimbursement: Subject to the conditions in paragraph 10(e) below, the Red Cross will reimburse the Owner for the following:
a. Damage to the Facility or other property of Owner, reasonable wear and tear excepted, resulting from the operations of the Red Cross. Reimbursement for facility damage will be based on replacement at actual cash value. The Red Cross, in consultation with the Owner, will select from bids from at least three reputable contractors. The Red Cross is not responsible for storm damage or other damage caused by the disaster. b. Reasonable costs associated with custodial and food service personnel and supplies which would not have been incurred but for the Red Cross’s use of the Facility. The Red Cross will reimburse at per-hour, straight-time rate for wages actually incurred but will not reimburse for (i) overtime or (ii) costs of salaried staff. c. Reasonable, actual, out-of-pocket costs for the utilities indicated below, to the extent that such costs would not have been incurred but for the Red Cross’s use of the Facility. (Both parties must initial all utilities that may be reimbursed by the Red Cross):
Owner Initials Red Cross Initials
Water
Gas
Electricity
Waste Disposal
d. The Owner will submit any request for reimbursement to the Red Cross within 60 days after the occupancy of the Red Cross ends. Any request for reimbursement must be accompanied by supporting invoices. Any request for reimbursement for personnel costs must be accompanied by a list of the personnel with the dates and hours worked.
e. If the disaster is a Federally declared disaster and Owner is a municipal, county, parish, or state government entity, then the Owner will work with appropriate emergency management agencies to seek cost reimbursement through the Federal Emergency Management Agency’s program for administering Public Assistance Category B under the Robert T. Stafford Act. The Red Cross is not obligated to
LOG Facility Use Agreement Form V.6.0 2024-04-11 5
reimburse the Owner for costs covered by Public Assistance Category B.
23. Insurance: General liability insurance. Red Cross shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1, 000,000 per occurrence, $ 2, 000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO " insured contract" language will not be accepted. Such insurance shall name the City, its officers, employees, agents, and volunteers as additional insureds. Red Cross shall file certificates of such insurance with the City which shall be endorsed to provide thirty (30) days’ prior notice to the City of cancellation or any change of coverage or limits. Copies of such insurance certificates shall be provided at the time of execution of this Agreement. Requirements for coverage features or limits contained in this Section are not intended as a limitation on coverage, limits on 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 Red Cross maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Red Cross.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
24. Indemnification:
The Red Cross shall defend, hold harmless, and indemnify Owner from and against any and all causes of action, claims, liabilities obligations, judgments, losses, costs, expenses or damages, including liability for injuries or illnesses to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Red Cross’s use or occupancy of the Facility and adjoining property, unless solely caused by the gross negligence or willful misconduct of the City, its officers, employees or agents. In the event Agency indemnities are made a party to any action, lawsuit or other adversarial proceeding arising from Renter’s use or occupancy of the Facility and adjoining property, Red Cross shall provide a defense to the City indemnitees, or, at the City’s option, reimburse the City indemnitees their costs of defense including reasonable legal fees, incurred in defense of such claims. The Red Cross shall indemnify, defend and hold harmless the City, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or person or damage to property to the extent caused by Red Cross’ activities and/or use or occupancy of the Facility and adjoining property, unless solely caused by the negligence or willful misconduct of the City, its officers, agents or employees.
1. Term: The term of this agreement begins on the date of the last signature below and ends 30 calendar days after written notice by either party.
Digital Signature: Each party agrees that either part's execution of this agreement by DIGITAL signature (whether ELECTRONIC or encrypted) is expressly intended to authenticate this AGREEMENT and to have the same force and effect as manual signatures. The term DIGITAL signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures. The use of digital signatures is intended to facilitate more efficient execution and delivery of signed documents.
City of El Centro
The American National Red Cross
Owner (Legal Name) (Legal Name)
By (Signature) By (Signature)
LOG Facility Use Agreement Form V.6.0 2024-04-11 6
Cedric Cesena
Name (Printed) Name (Printed)
City Manager
Title Title
Date Date
PET ADDENDUM TO FACILITY USE AGREEMENT
This Pet Addendum to Facility Use Agreement (“Addendum”) is hereby annexed to and made a part of the Facility Use Agreement (“Agreement”) having an effective date of , 20 , and entered into between (“Owner”) and The American National Red Cross, a nonprofit corporation, a Federally chartered instrumentality of the United States, and a body corporate under the laws of the United State (36 U.S.C. §§ 300101-300111 (2007) (“Red Cross”). Owner and Red Cross are each sometimes referred to herein as a “Party” and collectively, as “Parties”, as the context requires. Capitalized terms used, but not defined herein have the meanings set forth in the “Agreement”.
Owner hereby grants permission to the Red Cross to permit its clients while occupying a portion of the Premises (“Client”) to keep only those pet(s) described below upon the terms and conditions in this Addendum. All pets are subject to the following general policies:
1. Clients’ household pets, including assistance/therapy animals (each as defined by applicable law) are permitted to be kept on and in the area of the Facility designated on Exhibit A of this Addendum (“Pet Area”), or other areas (designated in writing by Owner) in or adjacent to the building.
2. Clients’ service and/or guide animals (as defined by applicable law) are permitted to be kept in the same area of the Facility as the Client.
3. At all times when a client’s pet is outside the Pet Area, the pet must be secured by either a leash, or in a carrier or other container and restrained in such a way so as not to cause any damage to people or the Facility. Except for service and/or guide animals, no pet is permitted in any part of the Facility, other than the Pet Area, or other areas designated and approved by Owner.
4. Owner’s personnel shall avoid physical contact with any pet and shall enter the Pet Area only accompanied by the Red Cross Representative (identified in the Agreement) or Animal Welfare Organization (AWO) providing care and/or support of the pet.
5. Red Cross agrees that it, acting through the AWO, shall be responsible for sheltering, feeding, maintaining, and overseeing the welfare of the pets in compliance with all applicable laws and regulations, including but not limited to all state law and local ordinances regarding pet ownership and liability.
6. The Parties may execute and deliver this Addendum in counterparts.
7. Except as otherwise set forth in this Addendum, the terms of the Agreement remain in effect.
8. The term of this Addendum shall be coterminous with the term of the Agreement.
The Parties have executed and delivered this Addendum as of the Effective Date. [Signatures follow on next page]
IN WITNESS WHEREOF, the Parties, acting through their duly authorized officers, have executed this Contract, which shall come into force as of the latest date of the signatures below.
OWNER RED CROSS
Name: City of El Centro
By:
Signature
Print Name: Cedric Ceseña
Title: City Manager
The American National Red Cross
By:
Signature
Print Name:
Title:
Exhibit A
Diagram of Pet Area (include location of pet waste disposal bins/areas)
RESOLUTION NO. 24-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING AN UPDATED AGREEMENT WITH THE
AMERICAN RED CROSS FOR TEMPORARY USE OF CITY
FACILITIES TO PROVIDE SERVICES DURING A DISASTER
WHEREAS, the American Red Cross requires space in which to provide services to individuals, families and communities when disaster strikes; and WHEREAS, it now is necessary for the City Council of the City of El Centro, California (the “CityCouncil”) to approve an updated agreement with American Red Crossfor temporary use of City facilities, and specifically the Dr. Martin Luther King Jr. Sports Pavilion, Conrad Harrison Youth Center, and the Community Center to provide emergency and disaster-related activities and services, if and when needed, to the residents of the City; and WHEREAS, the Agreement has been coordinated with the City's Fire Department; and WHEREAS City Council finds that the approval of said Agreement will be in the best interest of the City of El Centro, California.
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 the City Council does hereby approve the agreement with American Red Cross.
3. That the City Manager of the City of El Centro, California, is hereby authorized to sign said Agreement, a copy of which is on file in the Office of the City Clerk, on behalf of the City of El Centro, California and along with the Fire Chief to take the necessary steps to implement it.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the 3
rd day of December, 2024.
City of El Centro
By: ______________________
Sylvia Marroquin, Mayor
ATTEST:
By:_____________________
Norma Wyles, City Clerk
10/2024/A24-0176/Reso/AgreementRedCrossforTemp
UseofFacilitiesduringDisaster
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. 24- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California held on the 3 rd day of December 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By: __________________________
Norma Wyles, City Clerk
10/2024/A24-0176/Reso/AgreementRedCrossforTemp
UseofFacilitiesduringDisaster
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2024-245)
Item: 17.
Meeting: 12/3/2024 4:00 PM
Department:
Category: Resolution
Prepared by: Veronica Leal, Staff
Assisstant
Department Head: Joseph Bernal
DOC ID: 2024-245
Approving the purchase of a Rosenbauer Viper Fire Truck.
CITY MANAGER'S RECOMMENDATION:
Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO AUTHORIZING THE EL CENTRO FIRE DEPARTMENT TO PURCHASE ONE STOCK ROSENBAUER 109’ VIPER AERIAL APPARATUS.
FISCAL IMPACT:
$1,500,000 (ARPA Funded)
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Community Health, Safety & Welfare
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKES, INSURANCE, ETC.:
Verified business license not required as vendor operates outside of the City of El Centro.
No contract work will be performed in El Centro. Velocity Fire Equipment Sales is a licensed and insured fire and equipment sales provider in Arizona. The vendor has provided references, and the City has previously purchased Rosenbauer emergency vehicles.
BACKGROUND:
The El Centro Fire Department is requesting the purchase of a 2024 stock 109' Rosenbauer Viper aerial apparatus to address critical operational needs. This new apparatus will replace an engine lost in a vehicle accident on May 16, 2023, as well as the department’s aging 2006 American LaFrance 75' aerial apparatus, which has experienced increasing maintenance challenges due to its deteriorating condition.
The decision to purchase a stock unit reflects the department’s urgent need to maintain readiness and ensure continued service delivery. Current market conditions have significantly impacted the fire apparatus industry, with build times for custom apparatus now ranging between 2 to 4 years or more. Given the loss of an engine and the state of the existing aerial apparatus, waiting for a custom-built is not a viable option.
The Rosenbauer Viper apparatus, available as a stock unit, provides an immediate and cost-effective solution. Its advanced features, including a 109-foot aerial ladder, will enhance the department’s ability to respond to high-angle rescues, multi-story structure fires, and other critical incidents, ensuring the community’s safety is not compromised.
DISCUSSION:
The Fire Department recommends purchasing a 2024 Rosenbauer stock 109' Viper Fire Truck offered by Velocity Fire Equipment Sales. This acquisition will enhance the El Centro Fire Department's operational capabilities by providing a modern, state-of-the-art apparatus to support emergency response and fire suppression efforts.
The new fire truck will replace aging equipment and ensure the department continues to meet the community's safety needs effectively and efficiently.
CONCLUSION:
Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO AUTHORIZING THE EL CENTRO FIRE DEPARTMENT TO PURCHASE ONE STOCK ROSENBAUER 109’ VIPER AERIAL APPARATUS.
ATTACHMENTS:
1. Rosenbauer Purchase Agreement 2024
2. Resolution-Purchase of Rosenbauer Fire Engine 2024
El Centro, CA (Stock 109' Viper 7683)
(enter)
(enter), (enter) (enter) Date: (enter)
rosenbauer
We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution by the El Centro, CA (Stock 109' Viper 7683), hereinafter called the Buyer and an officer of Rosenbauer South Dakota, LLC, hereinafter called the Company, the following apparatus and equipment.
One (1) (select), complete with (select) chassis per attached specifications.
The contract purchase order price includes sales tax in the amount of $114,329.66.
Gross due upon completion and delivery total
$1,502,211.66 each
I TOTAL $1,502,211.66
All of which are to be built in accordance with the specifications, clarifications and exceptions attached, and which are made a part of this agreement and contract.
DELIVERY:
The estimated delivery time for the completed apparatus, is to be made 545 days after receipt of and approval of this contract duly executed, and dependent on Chassis / Major Components arriving In acceptable condition subject to all causes beyond the Company's control. The quoted delivery time is based upon our receipt of the specified materials required to produce the apparatus in a timely manner. "Delivery" means the date company is prepared to make physical possession of vehicle.
CONTRACT CHANGES:
Changes orders shall be covered by the provisions of Appendix C, attached and incorporated. After execution and acceptance of this Contract, the Buyer may request that the Company incorporate a change to the Products or the Specifications for the Products by delivering a Change Order to the Company; provided, however, that any such Change Order must be in writing and include a description of the proposed change sufficient to permit the Company to evaluate the feasibility of such Change Order. Within seven (7) working days of receipt of a Change Order, the Company will inform the Buyer in writing of the feasibility of the Change Order, the earliest possible implementation date for the Change Order, of any increase or decrease in the Purchase Price resulting from such Change Order, and of any effect on production scheduling or delivery resulting from such Change Order. The Company shall not be liable to the Buyer for any delay in performance or delivery arising from any such Change Order. Purchase Price may be modified only by mutual written agreement of the Parties because of changes to the Apparatus required or requested by the Buyer during the construction process pursuant to Appendix C, Change Order Policy.
Any changes in the Purchase Price resulting from changes to the Apparatus required or requested by the Buyer during the construction process shall be stated in the Change Order signed by both parties. Additional Changes: If various state or federal regulatory agencies (e.g.
NFPA, DOT, EPA) require changes to the specification' and/or the product that result In a cost increase to comply therewith this cost will be added to the Purchase Price to be paid by the customer.
This Agreement may be terminated by Buyer upon 90 days prior written notice before the Chassis/Mayor Components have been ordered.
Notice: All notices, requests, demands, or other communications under this Agreement will be in writing.
Notice will be sufficiently given for all purposes as follows:
A. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
B. Certified mail. When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.
C. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.
D. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.
E. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
F. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this Agreement, and delivery to the last known address or fax number shall be deemed sufficient for notice under this Agreement.
INDEMNIFICATION
Company shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“Agency Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorney’s fees and costs of litigation (“claims”), arising out of the City’s performance of its obligations under this agreement or out of the operations conducted by Company, including the Agency’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the Company. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Company’s performance of this Agreement, the Company shall provide a defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees their costs of defense, including reasonable attorney’s fees, incurred in defense of such claims.
PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This agreement and all exhibits are binding on the heirs, successors, and assigns of the parties. The Agreement may not be assigned or subcontracted by either party without the prior written consent of the other.
INTEGRATION; AMENDMENT
This Agreement represents the entire understanding of the parties as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Agreement.
The Agreement may not be modified or altered except in writing signed by both parties. No waiver of any term or condition shall be a continuing waiver.
INTERPRETATION
The terms of this Agreement should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply.
SEVERABILITY
If any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect.
TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.
GOVERNING LAW; JURISDICTION
This Agreement will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Agreement will be in a court of competent jurisdiction within the county in which Agency is located.
COMPLIANCE WITH STATUTES AND REGULATIONS
Company will be knowledgeable of and will comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders.
WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement.
ATTORNEY’S FEES
Except as provided for herein above, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post-judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
EXHIBITS
All exhibits identified in this Agreement are incorporated into the Agreement by this reference.
FORCE MAJEURE:
The Company shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond the Company's control which make the Company's performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work.
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PAYMENT TERMS:
rosE!nbauer
Final payment for the apparatus shall be made at time of delivery or pick up of the completed vehicle. It is the responsibility of the Buyer to have full payment ready when the apparatus is complete and ready to deliver. If payment is delayed or delivery is delayed pending payment, a daily finance and storage fee may apply. Upon delivery of the apparatus or upon pickup of the apparatus by the Buyer, the Buyer agrees to provide all liability and physical damage insurance. It is further agreed that if on delivery and testing, any defects should develop, the Company shall be given reasonable time to correct changes. Guarantee of the chassis is subject to the guarantee of the chassis manufacturer. *NOTE:
upon final inspection at the factory for pick-up or delivery, the Buyer will need to supply a Certificate of Insurance and full payment prior to release of the vehicle, unless prior arrangements for vehicle's release have been made. D TITLE:
The Apparatus shall always be the property of the Company until it is delivered to the Buyer pursuant to the terms of this agreement. The Company shall bear the sole responsibility and risk for destruction, loss or damage to the apparatus, or any portion of the Apparatus, through the date and time it is delivered to the Buyer. The Company shall deliver good and merchantable title to the Apparatus at the time it is delivered to the Buyer. The Buyer shall bear the sole responsibility and risk for destruction, loss or damage to the Apparatus upon the date and time it takes delivery of the Apparatus.
PIGGY BACK ORDERS:
• The Company, at its sole discretion, will allow the terms of the contract to be extended to both the Buyer, as well as to other Municipal, State, or Federal agencies for similar unit(s). The Company will allow tag on/ additional orders for up to three (3) years from the date of contract execution. To facilitate pricing, the Company will quote the original price plus manufacturer's price increases or Producer's Price Index (PPI) whichever is greater as it applies to either Fire Apparatus and/ or commercial heavy truck industries.
The amount in this proposal shall remain firm for a period of 30 days from the date of same.
Respectfully submitted,
Dealer: Velocity Fire Equipment Sales
Sales Rep:__________________________
(enter)
Buyer:
We accept the above proposal and
enter into contract with signature below.
__________________________ Title: ____________________
____________________________________ Title: ____________________ Date
After company receipt of this document signed by the Buyer, the document will be reviewed and upon approval, countersigned by the Company thereby putting the document in force.
Rosenbauer South Dakota, LLC
Title:
Date
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APPENDIXC
CHANGE ORDER POLICY
This change order policy is intended to reflect the increased cost of changes which result in delayed deliveries, confused paperwork, poor production flow and increased potential of trucks being built to incorrect specifications. With your cooperation, changes can be kept to a minimum which means we will be able to reduce lead times, increase production and maintain costs which will benefit all of us.
Our objective is accurate, high quality and on-time deliveries exceeding our customer expectations.
Changes any time after the order is received may delay the quoted delivery date. Significate design or component changes will have the largest impact on the schedule and quoted delivery date. Changes that occur later in the process will also have the largest impact on the schedule and quoted delivery date.
All time fences are reference to contract execution date if not otherwise stated.
Change Window #1
All changes will be priced at standard pricing and specials will be priced through our normal process. Significant changes made to the vehicle during this time period may result in a delivery extension.
RBM Chassis
RBA Aerial
Rosenbauer Body
Change Window #2
0-60 days
0-60 days
0-60 days
All changes are subject to a 25% mark-up, as well as a $250.00 change order processing fee. All changes are subject to factory review and may be denied due to engineering or lead time issues.
RBM Chassis
RBA Aerial
Rosenbauer Body
Change Window #3
61-75 days
61-75 days
61-120 days
All changes are subject to a 50% mark-up, and 50% restocking fee on deleted items, as well as a $250.00 change order processing fee. All changes are subject to factory review and may be denied due to engineering or lead time issues. No major components can be changed at this time; major components are considered engine, transmission, axles, suspension, cab, frame (wheelbase), seats, water pump and water tank.
RBM Chassis
RBA Aerial
Rosenbauer Body
Change Window #4
76-120 days
76-120 days
121-180 days
Changes are not recommended at this time. Any changes requested will be priced on a time and material basis, as well as a $500.00 change order processing fee. Any changes requested, and that are quoted to the customer, must be approved by the customer within three days or they will not be valid.
RBM Chassis After 120 days
RBA Aerial After 120 days
Rosenbauer Body After 180 days
*Note: Any late change orders that are factory driven will be done at cost and no additional mark up or penalties will apply.
BUYER INITIALS:
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11/2024/cdz/A24-0182/Reso/PurchaseofStock109Viper
AerialApparatus
RESOLUTION NO. 24-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO AUTHORIZING THE EL CENTRO FIRE DEPARTMENT
TO PURCHASE ONE STOCK ROSENBAUER 109’ VIPER AERIAL
APPARATUS
WHEREAS, the El Centro Fire Department (ECFD) maintains a fleet of fire service vehicles to serve the citizens of El Centro; and
WHEREAS, ECFD has identified a need to replace an existing vehicle in various states of disrepair; and
WHEREAS, the City has approved the replacement of one ECFD fire engine during Fiscal Year 2024-2025; and
WHEREAS, ECFD has identified the Freightliner of Arizona dba Velocity Truck Centers, LLC as the source for pricing because of compatibility and availability; and WHEREAS, this purchase qualifies as a sole source purchase under City Code 2- 177(a)(1), and 2-176; and
WHEREAS, during the City Council meeting on October 15, 2024 the City Council approved the use of American Rescue Plan Act funding for the purchase of the requested vehicle.
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 purchase of one 2024 Rosenbauer Viper Aerial Apparatus from Velocity Truck Centers, LLC and authorizes the City Manager or designee to execute any and all applicable documentation and take any and all necessary actions to implement this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro held on the day of , 2024
CITY OF EL CENTRO
By ___________________________
Sylvia Marroquin, Mayor
11/2024/cdz/A24-0182/Reso/PurchaseofStock109Viper
AerialApparatus
ATTEST:
By _______________________________
Norma Wyles, City Clerk
APPROVED AS 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. 24- 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 , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ___________________________
Norma Wyles, City Clerk
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2024-248)
Item: 18.
Meeting: 12/3/2024 4:00 PM
Department:
Category: Presentation
Prepared by: Veronica Leal, Staff
Assisstant
Department Head: Joseph Bernal
DOC ID: 2024-248
Presentation of Automatic Aid Pilot Program Agreement.
CITY MANAGER'S RECOMMENDATION:
Presentation to City Council regarding the Automatic Aid Pilot Program Agreement. Presentation only.
FISCAL IMPACT:
Fiscal impact would be generated in the event of an automatic aid incident. This cost is offset when automatic aid is received.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Community Health, Safety & Welfare
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKES, INSURANCE, ETC.:
BACKGROUND:
The El Centro Fire Department, in partnership with the City of Imperial Fire, County of Imperial Fire, and American Medical Response (AMR), proposes a one-year pilot program for an automatic aid agreement to improve regional emergency response capabilities. This agreement establishes a framework for the immediate, coordinated dispatch of resources to specific high-priority incidents, including structure fires, roadway incidents with three or more patients, and technical rescue operations. Emergency medical calls are not included in this agreement.
The pilot program introduces an automatic aid system, which differs significantly from the existing mutual aid program. While mutual aid requires an active request by the Incident Commander after determining additional resources are needed, automatic aid ensures that pre-designated units from neighboring agencies are dispatched simultaneously with the local agency’s response, based on the incident type and location. This approach minimizes delays and ensures that critical resources arrive on scene faster, enhancing life safety and property protection during complex emergencies.
DISCUSSION:
The Automatic Aid Pilot Program seeks to improve response times, optimize resource deployment, and strengthen partnerships between participating agencies. Following the one-year trial period, the program's effectiveness and impact will be evaluated to determine its potential for permanent adoption.
By enabling quicker deployment of additional units, the automatic aid system is expected to improve response efficiency and overall outcomes. The one-year pilot period will allow participating agencies to assess the program’s impact, collect operational data, and evaluate its feasibility for permanent implementation.
The Automatic Aid Agreements can positively influence ISO ratings by improving fire department capabilities in areas such as response times, available staffing, and apparatus deployment. For the City of El Centro, currently rated 3/3X, enhanced resource sharing through automatic aid could contribute to maintaining or potentially improving the city's Public Protection Classification (PPC) by demonstrating robust regional collaboration and effective use of resources during critical incidents.
CONCLUSION:
It is the fire department's recommendation to partner with the City of Imperial Fire, County of Imperial Fire, and American Medical Response (AMR), and enter into the one-year pilot program for an automatic aid agreement to improve regional emergency response capabilities.
ATTACHMENTS:
1. Automatic Aid Agreement IMR-IMP-ECN-AMR 24.11.20
1 Central Zone Automatic Aid Pilot Program
Participating agencies:
El Centro Fire Department
Imperial County Fire Department
City of Imperial
American Medical Response (AMR)
January 1, 2025
2 AUTOMATIC AID AGREEMENT FOR EXCHANGE OF FIRE PROTECTION AND
SPECIALIZED RESCUE BETWEEN THE CITY OF EL CENTRO AND THE IMPERIAL COUNTY FIRE DEPARTMENT.
The purpose of this Automatic Aid agreement is to outline the procedures for carrying out an Automatic Aid response between the City of El Centro Fire Department (ECFD), the Imperial County Fire Department (ICFD), the City of Imperial, and American Medical Response (AMR). Together, ECFD, ICFD, and AMR are the “parties” and each is a party.
W I T N E S E T H
WHEREAS, the parties to this Agreement provide fire protection and rescue services within their respective jurisdictional limits; and
WHEREAS fire and rescue resources for the County of Imperial and City of Imperial are dispatched through Imperial County Sherriff Office dispatch center.
WHEREAS, fire and rescue resources for the City of El Centro are dispatched through the El Centro Police Department dispatch center.
WHEREAS, it is in the best interests of the County of Imperial, City of Imperial, and City of El Centro to provide the most expeditious response to suppress fires and mitigate emergencies; and
WHEREAS, each party is desirous of providing to the other a reasonable and reciprocal exchange of fire protection services on a day-to-day basis.
NOW, THEREFORE, in consideration of these mutual covenants, the parties hereto agree as follows:
3 1. Revisions
This Agreement may be revised or amended at any time by mutual agreement of the Fire Chiefs. All amendments to this Agreement shall be in writing and signed by the persons authorized to bind the parties thereto. Substantial reductions or modifications of services by any of the agencies shall because for reconsideration of the Agreement.
2. Term
The initial term of this automatic aid agreement shall be one (1) year commencing as of the date of execution hereof by all parties. Thereafter, the term of this automatic aid agreement shall automatically renew for successive one (1) year terms on the same terms and conditions. Any of the parties may terminate the agreement at any time with written notice to the other parties at least thirty (30) days prior to the date of intended withdrawal. Parties shall meet biannually to discuss revisions to the existing agreement.
3. Biannual Meetings
At such meetings, the Parties shall determine specific content for and application of performance evaluation methodology. Such methodology should include but not be limited to resource response times, identification of critical infrastructure, communication, and standards compliance.
4. Mutual Benefits
ICFD, City of Imperial, and ECFD intend that this Agreement will provide mutual benefits to each party. The Fire Chiefs of ICFD and ECFD are hereby authorized to identify and revise as they deem necessary any designated areas or types of response periodically as may be dictated by changing conditions and the requirements of mutual benefits to each party.
5. Incident Command
In those instances where the assisting Department arrives before the jurisdictional Department, the assisting Department will take the necessary action dictated by the situation. However, it is assumed that the jurisdictional Department will continue with a Chief Officer response after the arrival of the assisting Department. Overall command of the incident will be assumed by the jurisdictional Department upon its arrival at the scene. The assisting Department’s personnel will remain under the command of the Incident Commander. The highest-ranking officer of the assisting Fire Department at the incident, will become the Agency Representative (AREP) or Safety Officer. The resources of the assisting Department will be released from the scene as soon as practical by the jurisdictional Fire Department.
4 When it is deemed appropriate, the AREP may enter into Unified Command with the jurisdictional Department’s Incident Commander. A common and agreed upon communications plan shall be established and utilized by all resources and Incident Commanders.
6. Commitment of Resources
It is mutually understood and agreed that this agreement does not relieve a party from the necessity and obligation of using its own resources for furnishing fire and rescue service within any part of its own jurisdiction, and that the assisting party’s response to a request for aid will be dependent upon the existing emergency conditions within its own jurisdiction and the status of its resources.
7. Methods of Requesting Aid
All requests for aid shall be via the respective dispatch center. Persons assigned to the dispatch center for all Departments are authorized to send and receive such requests as per their respective operational procedures. Communication amongst respective command staff will dictate availability of resource types to insure the most appropriate apparatus type is staffed and available for automatic-aid service.
8. Intent of Agreement
The intent of this Agreement is to provide the agency in need with a more efficient and/or effective initial response to an emergency incident. As defined within National Fire Protection Association Standard 1710 (Organization and Deployment of Fire Suppression Operation by Career Fire Departments, (NFPA 1710)) automatic aid refers to a developed plan between two or more fire departments for an immediate joint response on first alarms. The intent of this agreement shall be to provide the respective parties the capacity to realize the goal of meeting NFPA 1710 recommended response for a single-family dwelling initial full alarm assignment and to other emergencies as defined by the respective Fire Chiefs. The agreed upon resources should only be utilized until the agency having responsibility is able to relieve the assisting agency with their own resources and/or obtain the appropriate emergency resources. If the agreed upon resources are not available, the assisting agency need not respond.
9. Fire Incident Reporting
Each agency is responsible for their own National Fire Incident Report (NFIRS). In the event both agencies arrive on scene, the jurisdictional department shall complete the “Fire Section” of the NFIRS report. In the event an assisting agency handles an incident in the jurisdictional department’s area of responsibility, the assisting agency shall complete the “Fire Section” of the NFIRS report, and the jurisdictional department will complete the NFIRS as “Aid Received”, if needed. If the jurisdictional department is not dispatched, then a NFIRS report is not necessary by the jurisdictional department.
5 Each agency shall be responsible for obtaining needed information to complete fire reports for incidents within their respective jurisdiction. Assisting units shall contact jurisdictional units to provide appropriate information for completion of fire reports.
10. Training
Joint training exercises will be conducted upon agreement by the parties (minimum of one per quarter). These training exercises shall be coordinated with ECFD and ICFD Command Staff. Prior to initiating the automatic-aid agreement, ICFD and ECFD will participate in a minimum of three training exercises with the objective of terminology standardization as well as apparatus and equipment familiarization. Training exercises should include the involvement of dispatch centers to assure cohesive communication.
11. Services by Imperial County Fire Department and City of Imperial ICFD and City of Imperial agree to provide a designated fire and rescue response, as jointly agreed upon by the Fire Chiefs of ICFD and ECFD, upon notification by ECFD to designated areas located within the jurisdiction of the City of El Centro.
12. Dispatch and Notification by El Centro Fire Department Upon receipt by ECFD of an alarm within a designated area located within the jurisdiction of the City of El Centro. ECFD, (as the jurisdictional Department) will dispatch its nearest available and appropriately designated fire or rescue response to that alarm, also notify AMR dispatch, as well as an ICFD fire dispatcher who will, in turn, dispatch the agreed-upon automatic-aid ICFD response.
13. Services by El Centro Fire Department
ECFD agrees to provide a designated fire and rescue response, as jointly agreed upon by the Fire Chiefs of ECFD and ICFD, upon notification by ICFD to designated areas located within the jurisdiction of Imperial County.
14. Dispatch and Notification by Imperial County Fire Department Upon receipt by ICFD of an alarm within a designated area located within the agreed upon automatic-aid geographic boundaries of Imperial County and in the City of Imperial, ICFD, (as the jurisdictional Department) will dispatch its nearest available and appropriately designated fire or rescue response to that alarm and notify an ECFD fire dispatcher who will, in turn, dispatch the agreed-upon automatic-aid ECFD response as well as AMR dispatch.
15. Amount and Type of Assistance
A. ECFD to ICFD and City of Imperial
6 Fire Response
Areas outside of the City of El Centro
Upon notification by ICFD, ECFD agrees to automatically dispatch the following resources to fire incidents within the areas defined below. Additional resources may be authorized by the ECFD Fire Chief or ICFD on-duty battalion Chief upon request.
Structure Fire Response
Initial Dispatch:
• Minimum of one (1) apparatus (Minimum crew of 3)
Fire Response (Non-Structure Fire)
Initial Dispatch:
• One (1) Engine (Minimum crew of 3)
Roadway incidents involving three (3) or more patients, fire, or technical rescue Upon notification, ECFD agrees to automatically dispatch the following resources to reported fire and rescue incidents to supplement/assist ICFD engine companies responding to designated freeway locations.
Initial Dispatch:
• One (1) Engine (Minimum crew of 3)
B. ICFD and City of Imperial to ECFD
Fire Response
Upon notification by ECFD, ICFD and City of Imperial agree to automatically dispatch the following resources to structure fires within the area defined as the jurisdiction of the City of El Centro. Additional resources may be authorized by the ICFD Fire Chief or onduty Chief upon request. Resources dispatched by Imperial County FD will be dictated by geographic location of the most appropriate apparatus with direction from ICFD command staff and may include an apparatus with crew contracted for service within the City of Imperial. In this case, ICFD apparatus will move-up from another ICFD station to provide dedicated City of Imperial coverage.
Structure Fire Responses
Initial Dispatch:
7 • Minimum of one (1) apparatus (Minimum crew of 3)
Fire Response (Non-Structure Fire)
Initial Dispatch
• One (1) Engine (Minimum crew of 3)
Roadway incidents involving three (3) or more patients, fire, or technical rescue Upon notification, ICFD agrees to automatically dispatch the following resources to reported fire and rescue incidents to supplement/assist ECFD engine companies responding to freeway incidents within the jurisdiction of the City of El Centro.
Initial Dispatch:
• One (1) Engine (Minimum crew of 3)
C. AMR to ECFD, ICFD, and City of Imperial
EMS Response
Upon notification of an incident defined by the aforementioned criteria, AMR agrees to automatically dispatch resources to assist responding fire agencies. Upon assignment from the IC, AMR responsibilities may include assignments such as the establishment of a rehabilitation station designated for incident personnel as well as provide emergency medical services and patient transport as needed within the incident. The AMR supervisor may assume the role of agency representative (AREP) and receive the assignment as medical group supervisor upon arrival. Additional resources may be authorized by the AMR supervisor or Operations Director upon request.
Initial Dispatch:
• One (1) ALS ambulance (crew of two)
• One (1) AMR supervisor
16. Communications System
The Parties agree to share the use of communication systems, radios, and radio frequencies for the execution of this Agreement. Sharing of the frequencies must be approved only by authorized personnel for each party and documented in the Incident Action Plan (IAP). The communications plan will be reviewed annually and included in the recurrent joint training exercise.
17. No Third-Party Benefit
8 This Agreement shall not be construed as, or deemed to be, an agreement for the benefit of anyone not a party hereto, and anyone who is not a party hereto shall not have a right of action hereunder for any cause whatsoever.
18. Hold Harmless
It is mutually understood and agreed that the party requesting assistance is not required to indemnify the party furnishing assistance as to liability or damage imposed by law upon the assisting party for any act or omission of the assisting party or its employees occurring in the performance of the services.
19. No Effect on Master Mutual Aid Agreement
It is mutually understood that this Agreement will in no way affect or have a bearing on the existing Master Mutual Aid Agreement.
9 IN WITNESS WHEREOF, the Parties hereto have executed this Automatic Aid Agreement as of the day and year first above written.
El Centro Fire Department:
_______________________
Name: Joseph Bernal
Title: Fire Chief
Date:
Imperial County Fire Department:
_______________________
Name: David Lantzer
Title: Fire Chief
Date:
City of Imperial:
________________________
Name: Robert Amparano
Title: Mayor
Date:
American Medical Response:
__________________________
Name: Brandon Walls
Title: Director of Operations
Date:
This Agreement will facilitate coordinated emergency response efforts among the Parties, enhancing public safety and resource efficiency.
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2024-249)
Item: 19.
Meeting: 12/3/2024 4:00 PM
Department:
Category: Informational Items
Prepared by: Catherine Gutierrez,
P.W. Analyst
Department Head: Abraham Campos
DOC ID: 2024-249
Old City Library Electrical Emergency Repairs
CITY MANAGER'S RECOMMENDATION:
Information item only
FISCAL IMPACT:
No impact to the General Fund. The project will be paid with budgeted Measure P funds for the demolition of Valley Center Point buildings. A total of $300,000 has been allocated for said project this fiscal year and these electrical repairs are expected to be under that amount.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Environmental Sustainability & Infrastructure
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKES, INSURANCE, ETC.:
NA
BACKGROUND:
The existing electrical meter and transformers supporting the old library site is located within the old mall area of the Valley Center Point development. The electrical area has been vandalized beyond repair resulting in loss of electrical power to the old library site, including HVAC and alarm systems. For the Health and Safety of the Public, electrical power must be restored to current code standards.
Public Works has worked with a consultant to complete plans and specifications for the demolition of the Valley Center Point buildings, which includes the old Mervyn's, Miller's Outpost and center mall hallway area where the shops were located. Part of the work included relocating the power source to the old library that is to remain within the old Sears building, currently shared between the City and Imagine school. This emergency has resulted in the acceleration of the electrical relocation part of the work as power cannot be restored via the existing vandalized obsolete system.
On May 7, City Council approved an Emergency Resolution to complete the repairs to the electrical system.
DISCUSSION:
UPDATE:
Staff is currently working with IID, Tom Watson Electrical and Nicklaus Engineering to define the scope and obtain proposals for the needed repairs.
CONCLUSION:
Information Item Only
ATTACHMENTS:
None