HomeMy WebLinkAboutORANGE COUNTY FIRE AUTHORITY - 2012 EMERGENCY SRVC
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A-2012-038
SANTA ANA
FIRE SERVICES AND EMERGENCY MEDICAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this s'~ay of ;Y/tirI/.-. 2012, by and between
the ORANGE COUNTY FIRE AUTHORITY, a Joint Powers Authority ("OCFA"), and the CITY OF SANTA
ANA, a municipal corporation and charter city in the County of Orange ("CITY".)
RECITALS
A. CITY is located wholly within the County of Orange.
B. CITY is legally obligated to provide fire protection services within its boundaries.
C. OCFA is the successor entity to the County of Orange Fire Department and CITY has chosen to
be a member of and contract with the OCFA for the provision of fire protection services within CITY's
boundaries.
NOW, THEREFORE. In consideration of the mutual promises contained herein, the Parties agree as
follows:
l. DEFINITIONS: As used in this Agreement:
1. "CITY" means the City of SANTA ANA.
2. "AUTHORITY" or "OCFA" means the Orange County Fire Authority.
3. "Division Chief' means the Division Chief supervising Division 6, or any successor Division.
4. "CITY Council" means the City Council of the CITY of SANTA ANA.
5. "CITY Manager" means the City Manager of the CITY of SANTA ANA.
6. "JPA Board" means the Board of Directors of the Orange County Fire Authority.
7. "JPA Agreement" means the Amended Orange County Fire Authority Joint Powers
Agreement dated September 23, 1999 as amended by the First Amendment to the Amended Joint
Powers Agreement dated July 1, 2010, and any subsequent amendments hereafter approved as
authorized therein.
8. "Fire Chief' means the chief executive officer of the Orange County Fire Authority.
9. "Fiscal Year" means the annual period commencing on July 1st and ending June 30th.
10. "MOU" means the Memoranda of Understanding between the OCFA and (a) International
Association of Firefighters Local 3631 (the Orange County Professional Firefighters Association); (b) the
OCFA Chief Officers Association; and (c) the Orange County Employees Association, as they exist on the
effective date of this Agreement and as they may, from time to time, be amended or suspended.
11. "Division" means an area that identifies a specific geographical boundary that can include
multiple fire suppression battalions and/or cities.
12. "Fire Battalion Chief' means an individual who supervises a battalion or an Orange County
Fire Authority section, (e.g., Training Section).
13. "Battalion" means an area that identifies a specific geographical boundary that includes
multiple stations and/or cities.
Page I
828042.3
II. MEMBERSHIP: CITY shall be a member of OCFA and shall be subject to all the provisions,
conditions, benefits, obligations and liabilities set forth in the JPA Agreement, as that Agreement may be
further amended from time to time, unless otherwise provided herein. CITY shall have one representative
on the JPA Board.
III. GENERAL SCOPE:
1. OCFA shall provide to CITY fire suppression, fire prevention, fire investigation, emergency
medical, rescue and related services, hazardous materials response, hazardous materials disclosure, and
community safety and education Services (collectively "fire services"). Services provided exclude weed
abatement services.
2. The effective date in which OCFA will begin providing services to CITY is planned for April 20,
2012; however, in the event additional time is needed to obtain final approval of the transition, the
effective date may be modified by mutual agreement of CITY and OCFA. The intent is that the effective
date be scheduled approximately 60 days after final approval of the transition.
3. The level of service provided shall be the same as the general level of similar services
provided by OCFA elsewhere within its boundaries. Specific service criteria are set forth in Attachment
"A" to this Agreement, and incorporated herein as if fully set forth within the body of this Agreement. Any
changes to such levels and method of service shall be determined by the Board of Directors and
administered by the Fire Chief, who shall have direct control and supervision over the services provided
pursuant to this Agreement, and who is hereby designated as the CITY Fire Chief and Fire Marshal.
4. Fire suppression and emergency medical response stations located within or assigned to the
CITY are set forth below and shall be the same as existed on the effective date of this Agreement. Prior
to making any changes to assigned fire suppression and emergency medical response stations, the Fire
Chief shall meet and confer with the CITY Manager. Any changes in fire suppression and emergency
medical response service station assignments shall be set forth in a written Memorandum of
Understanding ("MOU") between the Fire Chief and the CITY Manager. In the event of failure to reach
agreement with the Fire Chief, the CITY shall have the right to appeal to OCFA's Board of Directors.
5. Subsection (3) above shall not restrict the OCFA Board of Directors from approving OCFA
related service enhancements from the Structural Fire Fund Entitlement Fund.
6. Upon request, CITY shall adopt an ambulance ordinance, and take those steps and amend
those agreements necessary to convert the status of SANTA ANA from a "Provider Agency" of the
Orange County-City Hazardous Materials Emergency Response Authority (OCCHMERA) to an "Orange
County Fire Authority Member Agency" of the OCCHMERA.
7. The Division Chief assigned to the CITY, or his or her designee, shall attend CITY Council
meetings, commission meetings and CITY staff meetings when requested by the CITY Manager and shall
provide the CITY with any and all reports or documents pertaining to the CITY upon reasonable request
by the CITY Manager.
8. Fire suppression and emergency medical response services shall be provided from the CITY
locations stated below, which shall be redesignated as indicated:
Location
1029 W. 17th St.
1688 E. 4th St.
419 S. Franklin St.
1427 S. Broadway St.
120 W. Walnut St.
950 W. MacArthur Ave.
2317 S. Greenville St.
Old Desiqnation
Station #1
Station #2
Station #3
Station #4
Station #5
Station #6
Station #7
New Desiqnation
Station #71
Station #72
Station #73
Station #74
Station #75
Station #76
Station #77
Page 2
828042.3
501 N. Newhope St.
1320 E. Warner Ave.
2310 N. Old Grand St.
Station #8
Station #9
Station #10
Station #78
Station #79
Station #70
IV. ADMINISTRATION:
1. In providing fire services, OCFA hereby is authorized to and may enforce applicable CITY
codes and ordinances, collect and retain any and all Fire Prevention or Miscellaneous User fees
(excluding paramedic user fees) as determined by OCFA, and file any claims or actions on behalf of CITY
to recover and retain amounts for emergency and hazardous materials responses.
2. The OCFA Fire Chief hereby is designated as Fire Chief of CITY.
3. Personnel and equipment routinely assigned to provide services under this Agreement shall
be assigned to Battalion 9. The Battalion Chief of Battalion 9 will exercise day-to-day operational
responsibility within the CITY.
4. On activation of the CITY's Emergency Operations Center (EOC), the individuals designated
by the CITY Manager and the Division Chief shall be detailed to assist in EOC operations and release of
local resources may occur only after their evaluation of local conditions.
V. LEASE OF APPARATUS: AUTHORITY hereby agrees to lease from CITY, and CITY hereby
agrees to lease to OCFA, the following apparatus (the "specified apparatus"):
2005 CHEVROLET SUBURBAN 3GNGC26G65G201367
2005 CHEVROLET SUBURBAN 3GNGC26G95G201366
2005 ALF PUMPER 4Z3AAACG16RW36760
2005 EMERGENCY HAl MAT 4P1CCL01H85A005559
2007 FT/L1NER PUMPER 1AFAAACG47RY24686
2010 SPARTAN GLADIATOR 4S7AT2P90AC072519
2010 SPARTAN GLADIATOR 4S7AT2P97AC072520
1988 LTI LADDER TRUCK 1D91D51J3J1008938
1994 SPARTAN TRUCK 4S7ET9M08SC015521
1997 BME CUMS FIRE PUMP 4S7CT249XVC024890
1997 BME CUMS FIRE PUMP 4S7CT249XVC024891
200.1 ALF/RESCUE SQURT 4Z3FAACG22RJ46943
2002 FT/L1NER ALF/PUMP 4Z3AAACG92RK16576
2004 ALF 100' AERIAL 4Z3AAACK34RN46401
2004 ALF PUMPER 4Z3AAACGX5RU97758
2004 ALF AIR/LIGHT 1 FVACYDC65HU29297
2007 CHEVROLET EX-PICK-UP 1GCCS19E878189701
2007 CHEVROLET EX-PICK-UP 1GCCS19EX78189831
2008 CHEVROLET COLORADO 1GCCS19E988170544
2008 CHEVROLET COLORADO 1GCCS19E488170919
2008 CHEVROLET COLORADO 1GCCS19EX881169936
2008 CHEVROLET TRAILBLAZER 1GNDS13S382215152
2005 FORD F650 MASS DECON UNIT 3FRNW65Z77V448965
(#29500)
(#29501 )
(#29502)
(#29518)
(#29523)
(#29539)
(#29540)
(#57567)
(#58415)
(#58695)
(#58696)
(#59318)
(#59365)
(#59520)
(#59533)
(#59534 )
(#59712)
(#59713)
(#59799)
(#59800)
(#59802)
(#59820)
(#29524)
1. The specified apparatus shall be delivered to the OCFA equipped as currently equipped by the
CITY. OCFA will ensure that frontline emergency apparatus assigned within the CITY (including trucks,
engines, and paramedic vans) will reflect the City of Santa Ana's seal, in addition to the OCFA's logo,
along with wording to indicate that the apparatus is serving the City of Santa Ana.
2. For the specified apparatus, OCFA will lease from the CITY at no cost, the term of such lease
shall commence concurrently with this Agreement, and the term of such lease shall terminate upon
retirement of the apparatus from OCFA.
828042.3
Page 3
3. The specified apparatus shall be incorporated into the OCFA's established vehicle rotation
and replacement programs (excluding the Mass Decon Unit), preventive maintenance programs, and will
be enrolled in OCFA's vehicle insurance program.
4. Each fiscal year, commencing with fiscal year 2011/12, CITY shall pay to OCFA the CITY's
share of the OCFA's vehicle replacement program. For fiscal year 2011/12, the annualized amount is
$475,056. The prorated monthly amount of $39,588 is included in the costs of service set out in section
VII below and is subject to annual increases.
5. For purposes of the vehicle replacement program, the following useful life assumptions apply:
Useful Life:
Suburban - 5 years or 120,000 miles
Engine - 15 years or 120,000 miles
Truck -17 years or 120,000 miles
Paramedic Van - 4 years or 120,000 miles
6. Upon the effective date of any termination, the value of the funds paid by the CITY as its share
of the vehicle replacement program shall be returned to the CITY in an amount no greater than the funds
paid by the CITY, less actual costs incurred by the OCFA for the repair, maintenance, or replacement of
the specified apparatus. The value, if positive, will be returned to the City in the form of returned
apparatus, a refund of payments, or a combination of both.
VI. LEASE OF FIRE STATIONS:
1. CITY shall lease to OCFA and OCFA shall lease from CITY the fire stations listed in Section III
pursuant to the leases set out on Attachment C. This lease will have the same term as this Agreement
and the rent will be one dollar ($1) per year per station. Upon the effective date of any termination,
OCFA's lease-interest in the CITY's fire stations will terminate and the fire station facilities will be returned
to CITY.
2. CITY will also provide OCFA with a $15,000 revolving maintenance expense account per fire
station for appliance repair/replacement and other minor station repairs and improvements pursuant to
the JPA Agreement. This amount is included in the costs of service set out in section VII below.
VII. COST FOR SERVICE: Except as otherwise provided in this Agreement, all provisions in the JPA
Agreement regarding the calculation and payment of Service Charges shall apply. To the extent of any
conflict between the JPA Agreement and this Agreement, the terms set forth in this Agreement shall
control with regard to the CITY.
1. CITY shall pay to OCFA the sum of $6,693,634 for Fire and Emergency Medical Services
under this Agreement from April 20, 2012 until June 30, 2012. Payment shall be made as follows:
a.
b.
c.
by April 20, 2012-
by May 1, 2012 -
by June 1,2012-
$1,100,422
$2,796,606
$2,796,606
2. In a letter dated November 7, 2011 from the CITY Manager to the OCFA Fire Chief, the CITY
requested a proposal from OCFA for the possible provision of Fire Protection and Emergency Medical
Services. The amount paid by the CITY for the proposal ($75,000) has been applied to reduce the April
20,2012 payment above from $1,175,422 to $1,100,422.
3. Except as otherwise expressly provided in this Agreement, all sums due to AUTHORITY from
CITY shall be paid at the beginning of each calendar month, in advance.
4. On or before September 30, 2012, CITY shall either (a) obtain a bond, in form and substance
acceptable to OCF A in its sole and absolute discretion, from a bonding company or insurer acceptable to
OCFA in its sole and absolute discretion, in the amount of one full monthly payment for services rendered
Page 4
828042.3
by OCFA under this Agreement (the "Bond"), or (b) establish an escrow account, naming OCFA as
beneficiary and on terms and conditions acceptable to OCFA in its sole and absolute discretion, with an
escrow agent acceptable to OCFA in its sole and absolute discretion and funded with cash in the amount
of one full monthly payment for services rendered by OCFA under this Agreement (the "Escrow" and,
collectively with the Bond, the "Security"). On or before July 1, 2013, and thereafter on or before July 1
of each succeeding year, CITY shall make payments sufficient to adjust the amount of the Security to
equal the amount of one monthly payment for the final charges as established pursuant to Paragraph 5 of
this Section VII, below.
The Security shall serve as security for CITY's obligations under this Agreement. In the event
that CITY defaults in any of such obligations, without in any way limiting any of OCFA's other rights and
remedies, OCFA shall be entitled to collect upon the Bond or draw upon the Escrow, as applicable, in
partial compensation for such default and in accordance with the terms of the documentation governing
such Security. In the event that OCFA collects upon the Bond or draws upon the Escrow, CITY shall
have a period of thirty (30) days to establish new Security in the amount and as set forth in the preceding
Paragraph. If CITY fails to do so, OCFA shall have the right to terminate this Agreement upon written
notice to CITY.
On or after July 1, 2014, CITY may present information to the OCFA Board of Directors that the
City's financial condition has improved such that the need for the Security has changed and that the
requirement for the Security should be reduced, eliminated or modified as a result. The OCFA Board of
Directors may, in its sole discretion, reduce, eliminate or otherwise modify the requirement of this Section
VII. 4."
5. For each subsequent fiscal year covered by this Agreement, commencing with FY 2012/13,
the Fire Chief shall notify the CITY Manager, in writing, of the estimated charges for providing the agreed
services to CITY during the following fiscal year on or before March 1 of each year. Final charges for
providing services to CITY during the following fiscal year will be provided, in writing, on or before May 1
of each year. CITY will pay such final charges, in monthly installments, at the beginning of each month,
in advance.
6. The estimated costs and charges shall be determined pursuant to the JPA Agreement,
including but not limited to Article IV, 9 3B and Article VI of the JPA Agreement.
VIII. START-UP COSTS:
1. The parties agree that a sum, estimated not-to-exceed $1,580,439 is owing to OCFA by CITY
for start-up costs, as specified in this Agreement. Those start-up costs are as follows:
Communications/IT
Facilities
Personnel
Service Center
Fleet Services
TOTAL
$843,727
27,000
220,764
395,963
92,985
$1,580,439
2. OCFA agrees to amortize these one-time start-up costs over the first five years of this
Agreement. OCFA will invoice CITY for the annual prorated amount of $316,088 with the first monthly
invoice for each fiscal year for five years, commencing with FY 2012/13. The OCFA will track all costs
relating to the start-up as the work is performed and those funds in excess to the amount listed above will
be adjusted and, if already collected from CITY, reimbursed to the CITY upon conclusion of the transition.
In the event of termination of this Agreement for any reason, and upon the effective date of the
termination, the CITY shall immediately pay the full balance then remaining for the start-up costs adjusted
as set forth herein.
Page 5
828042.3
IX. PERSONNEL:
1. OCFA will offer employment effective 8:00 a.m., April 20, 2012 to the personnel employed by
the CITY's fire department on the effective date of this Agreement, under the terms and conditions
specified in Attachment "B" to this Agreement. Such offers are contingent upon those personnel who
meet the minimum physical and medical standards for their designated positions in the OCFA, as
determined by a physical examination conducted prior to the effective date of the Agreement. After 8:00
a.m., April 20, 2012, CITY shall not be liable for the payment of any wages or other compensation to any
officer, employee, or agent of OCFA performing any services under this Agreement. CITY shall not be
liable to any officer, employee, or agent of OCFA for any sickness or injury incurred by such person in the
course of performing services under this Agreement. OCFA shall be solely responsible for all personnel
actions relating to OCFA employees utilized in the performance of this Agreement. Those personnel who
fail to meet the standards in the period prescribed solely because of injury or illness will be offered
employment on the first occasion on which they meet the standards, but in no event shall they be offered
employment after April 20, 2013.
2. Transitioning employees participate in a defined contribution plan or "Retiree Health Savings
Plan" and are eligible for reimbursement benefits upon retirement as defined by the plan.
X. WORKER'S COMPENSATION:
To avoid the hazards, delays and risks of litigation, and to provide prompt and appropriate
benefits to injured workers', the parties desire to establish a mechanism to determine their proportionate
share of liability for all types of workers' compensation benefits which may become due to former
employees of the Santa Ana fire department.
1. For any continuous trauma claim brought under the California Workers' Compensation law
against OCFA by former employees of the CITY Fire Department, the Parties shall share liability in
proportion to the period of time the former employee was employed by each agency. CITY agrees to
indemnify and hold harmless OCFA for all workers' compensation and/or administrative costs incurred as
a result of any such claim, of any nature or type whatsoever, to the extent of the proportion the period of
time the former employee was employed by CITY bears to the total period of time the former employee
was employed by both CITY and OCFA.
2. For any claim originally brought under the workers' compensation laws of California against
CITY for which residual or ongoing benefits may be due, CITY shall indemnify and hold harmless OCFA
for the cost of all such benefits, including any/all administrative costs, without reference to apportionment,
and shall reimburse OCFA for the same to the extent paid by OCFA. Such indemnity, hold harmless, and
reimbursement obligation shall specifically include, but is not limited to, costs of medical treatment, new
and further disability, labor Code section 4850 benefits, and any other benefits under the laws governing
the California Workers' Compensation System.
3. For any specific injury claimed by former CITY Fire Department employees under the
California Workers' Compensation laws, alleged to have occurred after the date of transfer of employment
to OCFA, the OCFA shall bear the full cost of any workers' compensation benefit due, which is attributed
solely and exclusively to such specific injury.
4. For any claim brought by former CITY fire Department employees arising under any
presumption of injury arising out of the California Labor Code, regardless of the date such claim is filed,
CITY shall indemnify and hold harmless OCFA for all workers' compensation benefits and/or
administrative costs incurred, which may become due, based upon the proportionate respective
percentage of employment as described in Section X.1. above.
5. The Parties expressly agree that the above indemnification and hold harmless obligations are
contractual in nature and not based on any determination by the WCAB.
6. ARBITRATION: IN THE EVENT OF DISPUTES ARISING UNDER THIS SECTION X OF THE
AGREEMENT, THE OCFA AND CITY AGREE SUCH DISPUTES SHAll BE DETERMINED EITHER BY
Page 6
828042.3
AGREEMENT OF THE PARTY, OR IF EITHER PARTY DETERMINES THE DISPUTE CANNOT BE
RESOLVED BY AGREEMENT, THEN BY BINDING ARBITRATION BEFORE AN INDIVIDUAL
ARBITRATOR WITH EXPERTISE IN WORKER'S COMPENSATION ISSUES. SUCH ARBITRATOR
SHALL BE SELECTED EITHER BY MUTUAL AGREEMENT OF THE PARTIES, OR FAILING THAT, BY
THE JUDICIAL ARBITRATION AND MEDIATION SERVICE (JAMS). THE COST OF THE
ARBITRATION SHALL BE SHARED EQUALLY BY THE PARTIES.
XI. INDEMNIFICATION:
1. OCFA shall defend, indemnify and hold harmless the CITY and its officers, employees, agents
and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all
expenses and costs relating thereto (including attorneys fees) arising out of or in any way related to acts
or omissions of OCFA, its officers, employees or agents in the performance of services pursuant to this
Agreement.
2. CITY shall defend, indemnify and hold harmless OCFA and its officers, employees, agents
and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all
expenses and costs relating thereto (including attorneys fees) arising out of or in any way related to acts
or omissions of CITY, its officers, employees or agents. This Section 11.2 shall apply whether or not the
incident or occurrence occurred prior to or after the effective date.
3. The provisions of this Section XI shall survive termination or expiration of this Agreement.
4. For purposes of this Section XI, the Fire Chief shall be deemed to be an officer, employee,
agent and representative of OCFA, and not of CITY.
XII. TERM AND TERMINATION:
1. This Agreement shall commence on the date first written above, provided the Agreement has
been approved as required under the JPA Agreement and by the CITY Council. Delivery of services shall
commence on April 20, 2012, or when this Agreement is approved, whichever is later. CITY may
terminate this Agreement by giving written notice of withdrawal to the Clerk of the Authority prior to July 1
of the second to last year of every ten-year interval of the twenty-year term of the JPA Agreement (e.g. for
the first ten-year interval, notice must be given by July 1, 2018 to withdrawal by June 30, 2020). OCFA
may terminate this Agreement upon written notice to CITY in the event of non-payment or other default of
the terms required herein or in the JPA Agreement.
2. Upon termination or expiration of this Agreement or other cessation of CITY's membership in
OCFA, CITY agrees to pay OCFA the amount of the unfunded pension liability that had accrued during
the term of this Agreement for the number of OCFA employees serving the CITY. In the event of any
dispute regarding the amount of the unfunded pension liability at that time, the parties agree that the
amount shall be determined by an independent actuary selected either by mutual agreement of the
parties, or failing that, by the actuary used by the Orange County Employees Retirement System
(OCERS). The parties shall share any costs charged by the actuary for calculating such amount. The
Parties shall agree to a payment schedule for such amount. If the parties are unable to agree upon a
payment schedule, the amount shall be amortized so the CITY will pay down the full amount of the
unfunded liability over a fifteen (15) year period assuming a rate of return assumed by OCERS as its
return on its investments as of the date of termination. Payments pursuant to this Section shall be made
by the CITY to OCFA. The provisions of this Section XII shall survive termination or expiration of this
Agreement.
XIII. ANNEXATIONS: In the event of any CITY annexation of territory within the Structural Fire Fund,
the level of Structural Fire Fund and redevelopment revenues existing at the time of the annexation shall
continue to pass through to OCFA as compensation for the services provided pursuant to the JPA
Agreement, unless otherwise agreed to by the parties hereto. As used herein, "level of Structural Fire
Fund and redevelopment" shall mean the amount of such revenues existing at the time of annexation,
adjusted by any diminution or growth in value occurring thereafter. It is the intent of the parties that CITY
annexations not have an adverse financial effect on OCFA. Annexations that do not result in additional
Page 7
828042.3
OCFA service demand and, therefore require no additional OCFA resources, will not result in additional
charges to CITY as a result of said annexation.
XIV. EFFECTIVE DATE AND TERM: The effective date of the Agreement shall be 8:00 a.m., April 20,
2012 and unless terminated in accordance with the provisions herein and in the JPA Agreement, this
Agreement shall remain in force for the same duration as the JPA Agreement, and as the JPA Agreement
may be amended from time to time.
XV. INDEPENDENT CONTRACTOR: CITY shall not be liable for the direct payment of any wages or
other compensation of any officer, employee, or agent of OCFA performing any services under this
Agreement. CITY shall not be liable to any officer, employee, or agent of OCFA for any sickness or injury
incurred by such person in the course of performing services under this Agreement, except to the extent
set forth in Section XI. OCFA shall be solely responsible for all personnel actions relating to OCFA
employees utilized in the performance of this Agreement. The employees of OCFA shall not be deemed
employees of CITY as a result of this Agreement, except as necessary pursuant to Penal Code Section
1463 et sea. for cities to obtain their statutory share of fire revenues.
XVI. MISCELLANEOUS PROVISIONS:
1. This agreement supersedes any prior agreements between OCFA and CITY. The CITY
Manager and Fire Chief may enter into an MOU for operational issues.
2. This Agreement may be amended only in writing, in whole or in part, and signed by both
parties. No waiver of any term or condition herein shall be a continuing waiver thereof.
3. This Agreement shall be interpreted in a manner complementary to the JPA Agreement,
including the provisions which govern city member participation. In the event of an irreconcilable conflict
between this Agreement and the JPA Agreement, this Agreement shall prevail.
ORANGE COUNTY FIRE AUTHORITY
By:
~' ~.j/J'j~
City Clerk
By:
By:
By:
Attest:
By:
Approved as to Form:
By:
By:
ity A orney
(.~~~. ~
Pau M. Walters,
Interim City Manager
828042.3
Page 8
ATTACHMENT A
SERVICE CRITERIA
SERVICE LEVEL
ManaQement Committee
The OCFA Fire Chief, executive management team, and management staff are committed to providing
CITY with an effective and efficient level of service. The Division 6 Chief will be assigned to attend CITY
Council and CITY management meetings requested by CITY Manager.
A battalion chief will have the day-to-day operational responsibility within the CITY of Santa Ana. CITY
will become part of the Battalion 9.
Additionally, the OCFA management is committed to being responsive to CITY requests for participation
in community activities and other such meetings and/or functions upon the request of the CITY manager
or designated CITY staff.
The OCFA will provide personnel to the CITY's EOC in the event of activation and work with the CITY to
provide training as mutually agreeable between the OCFA Fire Chief or his representative and the CITY
Manager.
EmerQencv Response
1. Response Performance
OCFA will utilize the Board of Directors' adopted standards of cover for response performance. OCFA
monitors all of the standards and reports on performance to the City Manager on a quarterly basis.
2. Station Resources
Station #71 Station #72 Station #73 Station #74
(Current Station #1) (Current Station #2) (Current Station #3) (Current Station #4)
Medic Engine Medic Engine Medic Engine Medic Engine
Medic Truck Division Chief
Battalion Chief
Station #75 Station #76 Station #77 Station #78
(Current Station #5) (Current Station #6) (Current Station #7) (Current Station #8)
Medic Engine Quint Truck PAU Engine PAU Engine PAU
Medic Truck Medic Van Medic Van
Station #79 Station #70
(Current Station #9) (Current Station #10)
Engine PAU Engine PAU
OCFA will provide minimum staffing for front line emergency units as outlined in the firefighter MOU.
Page 1
The standard response for various types of calls will be as follows:
Type of Call
Standard Response
Small vehicle, fence, power
pole, or trash fire
One engine company
Large vehicle, (trucks) or grass fire
Two engine companies and one battalion chief
All structural fires
Three engine companies, one truck company,
one paramedic unit, and one battalion chief
Medical aid or rescue call
The closest engine or truck company and one
paramedic unit (back-up paramedic service will
handle as many as five separate simultaneous
emergencies)
Traffic accident w/persons trapped
One engine company, one truck company, one
paramedic unit, and one battalion chief
Hazardous materials incident
One engine, the hazardous materials unit, one
truck company, one battalion chief, and
additional units as required (i.e., additional
engines, paramedics etc.)
Public service calls
Closest engine or truck company
Second and each additional alarm
Three engines, one truck company, one air utility
unit, one additional battalion chief, and a division
chief, and a Safety Officer
High rise response
Six engines, two trucks, two battalion chiefs,
one division chief, one medic unit, one air utility
unit, one safety officer, and one duty officer
Cover assignments
Any emergency of extended duration will result
in an automatic move-up of equipment in
accordance with the OCFA's move-up and
cover plans
3. Move-up and Cover
The move-up and cover program is designed to meet the response needs of the community by the
movement of apparatus into critical areas based on the probability of emergency responses. Move-up
and cover assignments shall occur in accordance with the OCFA's standard operating procedure.
4. Emergency Dispatch
Authority will provide dispatchers who are trained in Emergency Medical Dispatch (EMD).
Authority will maintain Mobile Data Terminals within fire department emergency apparatus capable of
utilizing the Authority's Computer Aided Dispatch (CAD).
Authority will maintain emergency service radio system that will have coverage of 99% of the CITY and
have multiple channel capability for major incidents.
Page 2
FIRE PREVENTION
OCFA will provide education and prevention services as follows:
1. Analyze fire data to identify fire risks and target populations. Develop and implement
programs to address them utilizing "best practices": education, engineering and/or
enforcement.
2. Provide annual fire prevention inspections for identified occupancies.
Provide fire protection and engineering consultation services to the CITY planning staff and commissions
for tentative tract, parcel maps, and other land use proposals which may require fire department input,
including fire department plan check and engineering review of specific risks (industrial, commercial,
institutional, and applicable single and multi-family dwellings) for conformance with fire code requirements
and state fire and life safety regulations, upon specific request.
INCIDENT INVESTIGATION
OCFA shall provide origin and cause investigative services on identified incident types reported to the fire
department within the CITY. OCFA Fire Investigation Section shall be assigned to determine the cause of
every major fire, fire fatality, or significant dollar loss.
PUBLIC INFORMA TION/EDUCA TION
OCFA will provide fire prevention and safety education programs to targeted schools, businesses,
community associations, child-care providers, and other members of the community and will respond to
information requests from the community. Community safety and education programs shall be provided,
after consultation with the CITY manager, to educate targeted residents and businesses in order to help
preserve life and property.
HAZARDOUS MATERIALS RESPONSE
The OCFA will provide hazardous materials response service to the CITY. The OCFA does not provide
hazardous materials cleanup, removal, or disposal. The OCFA maintains a hazardous materials
response capability, meeting the state standards for a Type I hazardous materials response team.
EMERGENCY MEDICAL RESPONSE
OCFA will provide emergency medical response services within the CITY. Ambulance service will be
supervised by the OCFA. CITY will retain all revenues collected from existing paramedic subscription and
ambulance transport program for medical responses within the CITY. The CITY will be responsible for the
cost of the Ambulance Program.
AUTOMATIC AID I MUTUAL AID
OCFA will, immediately upon execution of this Agreement, commence negotiations for automatic aid
agreements with those fire agencies that currently have automatic aid agreements with the CITY.
GRANT ADMINISTRATION
The OCFA will provide Grant Administration services for the City for grants relating to the provision of Fire
and Emergency Medical Services. OCFA's Grant Administration services include the grant application
process, approval process, and expenditure-management process, as well as ensuring compliance with
reporting requirements.
Page 3
RESOURCE PLACEMENT ANALYSIS
Based on service level need, the CITY and OCFA will evaluate and determine the service need for the
following:
1. One CITY-funded Divisional Administrative Captain Option: This position is not currently
included in the cost of service to the CITY; however, OCFA can add the position to the CITY's
monthly invoice at the CITY's direction and agreement to fund the cost of the position.
2. CITY-funded Over-the-Counter Plan Check Services Option: This Over-the-Counter Plan
Check option is not currently included in the cost of service to the CITY; however, OCFA can
provide this optional service to CITY upon request. Upon City's direction and agreement, the
optional service cost will be added to CITY's monthly invoice, based on the hours of dedicated
over-the-counter services requested by CITY to maintain current service levels, billed at the
hourly rate to backfill for OCFA's personnel.
The position would provide the current level of service for over-the-counter plan review and
project coordination located at the City's Planning and Building Agency. The position would
accommodate over-the-counter plan review, complete limited plan submittals, attend
development review meetings as prescribed by agenda, and other business related to fire
prevention for the City of Santa Ana or OCFA. Upon future resource review, the position may
transition to physically work at OCFA headquarters.
3. Response Performance for Configuration of Response Units: Following a two-year period,
OCFA and the CITY will evaluate the response performance for the current configuration of
response units in the CITY (excluding ambulance service, which may be reviewed sooner) and
discuss the results of the analysis, including any recommendations from either party for
modifications that are warranted. Resource modifications may be available with additional new
partnering cities.
Page 4
ATTACHMENT B
TRANSITION OF PERSONNEL
SWORN PERSONNEL
The following CITY Fire Department safety employees shall be offered employment by the OCFA at the rank
and salary stated below:
Name
Rank or Position
Salary Step
See Exhibit 1 for the detailed list of names, rank or position, and salary step for Sworn Personnel.
(Persons who accept employment with the OCFA pursuant to this offer are hereafter referred to as
"transitioning employees".)
CITY will furnish to OCFA, prior to the effective date of this Agreement, the date of hire and the length of
continuous service for each employee listed above. The CITY warrants the accuracy of such data and will
defend and hold harmless OCFA in any proceeding based on the alleged inaccuracy of such data.
In accordance with the applicable MOU, transitioning personnel assigned by the OCFA to hazardous
materials, ARFF, USAR Logistics, Staff Assignment, EMT, or paramedic assignments will be paid specialty
pay. Spanish Language Pay for personnel qualified to receive such pay, and assigned to a position within
the CITY, will be provided in the amount of $135 per month (in lieu of the compensation provided under the
Bilingual Pay section in the MOU). Those speaking other languages and otherwise qualifying for bilingual
pay will receive the compensation provided under the Bilingual Pay section of the MOU. All sworn
transitioning personnel who currently receive bilingual pay (as certified by the CITY) will be granted
grandfathered status, with no new testing requirement, for purposes of receiving either OCFA's Spanish
Language Payor OCFA's Bilingual Pay as defined by OCFA's MOU.
Bilingual pay for non CITY assigned personnel will be based on the applicable MOU. Education incentive
pay is also available by application. Transitioning personnel assigned to positions requiring special training
will receive such training.
Transitioning employees will be considered to have passed their probation period with the OCFA, except for
the following:
1. Any employee who has not completed probation with the CITY.
2. Any employee who has been suspended within the last one (1) year.
If an employee meets any of the above exceptions, the employee may, at the discretion of the OCFA
Human Resources Director, be required to serve a new probation period of fifty-two continuous weeks
from the date they are first employed by OCFA, ending with the first day of the pay period following
completion of said period as defined by the applicable MOU. At the sole discretion of the OCFA Human
Resources Director, the new probation period required hereunder may be reduced, but under no
circumstances shall the probation period be reduced to less than six (6) months.
The CITY certifies that from April 20, 2011 through April 20, 2012 no CITY employee who is to transition to
employment with the OCFA pursuant to Agreement between the CITY and OCFA has been issued a Notice
of Intent to Suspend.
Notwithstanding anything to the contrary, it is agreed the OCFA will not accept for employment those CITY
employees who have been dismissed from service, regardless of the outcome of pending litigation. Said
employees, if applicable, will remain employees of CITY.
Page 1
828198.1
Except as modified herein, continuous employment with CITY shall be considered the same as continuous
employment with the OCFA for all transitioning employees only for the purposes of meeting minimum
requirements for promotional opportunities and the accrual of vacation and sick leave. Transitioning
employees shall accrue vacation and sick leave at the rates designated in the applicable MOU.
Additionally, for the 144 most senior safety (suppression) transitioning employees, created by this
agreement, continuous employment with CITY shall be considered continuous employment with OCFA for
the purposes of layoff seniority and bid assignment seniority preference. When one of these 144 employees
leaves employment with the OCFA, the additional seniority credit specified in this paragraph for CITY
employment shall be applied to the transitioned safety (suppression) employee who had the longest
continuous service with CITY but who had not previously received such credit under the terms of this
paragraph.
For purposes not specified herein, the seniority of transitioning employees shall be based on the date of
transition.
Except as specifically provided in this agreement, all employees shall be considered new hires for all
purposes under the MOU.
All transitioning employees will participate in a defined contribution plan or "Retiree Health Savings Plan" and
are eligible for reimbursement benefits upon retirement as defined by the plan.
OCFA will supply new uniforms and necessary additional safety clothing to transitioning personnel. The cost
of such uniforms and clothing has been included as part of the start-up costs to be paid by CITY.
CITY safety clothing in the possession of transitioning employees on the effective date of this Agreement
shall become the property of the OCFA at no cost.
Transitioning employees will be accorded reciprocity in the Orange County Employees Retirement System to
the extent they are entitled to such reciprocity by the County Employees Retirement Act of 1937.
The CITY certifies that the listing of service hours provided by the CITY for employees transitioning to
employment with the OCFA is a true and accurate computation of service hours for each transition employee
during his or her employment with the CITY. These service hours reflect 2080 service hours for each year of
service with the CITY, plus a prorated number of hours for any partial year of service with the CITY through
March 31,2012, less a prorated number of hours for any time off without pay for either an unpaid leave of
absence or an unpaid suspension. In the event of any conflict regarding the computation of service hours
after the date of transitioned, provided the transition employee(s) release a review of their Santa Ana record,
the CITY will make available any records necessary to resolve the complaint. If the transition employee(s)
does not release their CITY record for review the CITY will research their records and assist the OCFA in
resolution of the conflict.
NON SWORN PERSONNEL
The following CITY Fire Department non-safety employees shall be offered employment by the OCFA at the
position and salary step stated below:
Name
Position
Salary Step
See Exhibit 2 for the detailed list of names, positions, and salary step for Non Sworn Personnel.
Employees who accept a non-safety position with the OCFA will be considered "new hires" and will serve a
probationary period. All non-safety employees will follow the OCEA General/Supervisory Unit MOU.
Bilingual pay and education incentive pay is available based on application.
Page 2
828198.1
ATTACHMENT B - EXHIBIT 1
The following CITY Fire Department safety employees shall be offered employment by the OCFA at the
rank and salary stated below:
SWORN PERSONNEL (TOTAL COUNT = 187)
Sworn Positions - Created bv Contract (Count = 151 J
Name Rank or Position Salary Step
1. Dave Thomas Division Chief TBD
1. Jim Henery Battalion Chief TBD
2. Tony Espinoza Battalion Chief TBD
3. Randy Black Battalion Chief TBD
1. Cupples, Milton Fire Captain TBD
2. Soria, Roberto Fire Captain TBD
3. Overn, Tom Fire Captain TBD
4. Chedister, John Fire Captain TBD
5. Rivas, Thomas Fire Captain TBD
6. Ogren, Andrew Fire Captain TBD
7. Lee, Russell Fire Captain TBD
8. Eide, Mark Fire Captain TBD
9. Snyder, Steve Fire Captain TBD
10. Underwood, Lawrence Fire Captain TBD
11. Petz, Mark Fire Captain TBD
12. Wilmovsky, Craig Fire Captain TBD
13. Lopez-Hidalgo, Arthur Fire Captain TBD
14. Moreno, Stephen Fire Captain TBD
15. Horner, Stephen Fire Captain TBD
16. Johnson, Dean Fire Captain TBD
17. Trenholm, Christopher Fire Captain TBD
18. Caswell, Christian Fire Captain TBD
19. Moorhouse, Danny Fire Captain TBD
20. Gonzales, Benito Fire Captain TBD
21. Tarbutton, Kenneth Fire Captain TBD
22. McDermott, Mark Fire Captain TBD
23. Grant, Kirk Fire Captain TBD
24. Atencio, Dennis Fire Captain TBD
25. Lackey, William Fire Captain TBD
26. Mathews, Brian Fire Captain TBD
27. Flores, Mark Fire Captain TBD
28. Phoenix, Brad-Allen Fire Captain TBD
29. Marquez, Grady Fire Captain TBD
30. McClelland, Tracy Fire Captain TBD
31. Parks, Daryl Fire Captain TBD
32. Salerno, Anthony Fire Captain TBD
33. Chumacero, Juan Fire Captain TBD
34. Rosselle, Pedro Fire Captain TBD
35. Mathers, John Fire Captain TBD
36. Viar, David Fire Captain TBD
37. Muir, Jon Fire Captain TBD
38. Anderson, Bret Fire Captain TBD
39. Rene Paquin Fire Captain TBD (optional enhancement)
1. Amende, Gerald
2. Timoti, John
3. McHugh, Patrick
4. Franco, Jose
5. Adame, Victor
6. Estrada, Augustine
7. Lopez, David
8. Suarez, Antonio
9. Belles, John
10. Lacy, Robert
11. Hay, Brian
12. Manning, John
13. Avina, Sergio
14. Barnard, Robert
15. Townley, Thomas
16. Edelman, Lenny
17. Rubio, Christopher
18. Castillo, Aaron
19. Fernandez, Luis
20. Tivenan, Michael
21. Medrano, Eddie
22. Poissant, Timothy
23. Hall, Albert
24. Grindle, Guy
25. Luis, Alfonso
26. Gammon, John
27. Aguilar, Richard
28. Gonzalez, Joseph
29. Pearson, Dennis
30. Biering, Derek
31. Johannessen, Oddsverr
32. Berger, Matthew
33. Granieri, Christopher
34. Parmenter, Wayne
35. Heredia, Joseph
36. Gross, Michael
1. Mahaffey, Herbert
2. Castro, Ronald
3. Morgan, Jeffrey
4. Leftige, Ronald
5. Garcia, Russell
6. Castro, Fernando
7. Mosqueda, Edward
8. Forrester, David
9. Fernberg, Mark
10. Melton, James
11. Ybarra, James
12. Dasher, Albert
13. Sahm, John
14. Casson, Nicholas
15. Alba, Michael
16. Garcia, Jose
17. Marinello, Dennis
18. Spitler, Richard
19. Kron, Kevin
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
Fire Apparatus Engineer
TBD
TBD
TBD
TBD
TBD
TBD
TBD
T8D
TBD
TBD
T8D
TBD
TBD
T80
TBD
TBD
T80
TBD
TBD
T80
TBD
TBD
T80
TBD
TBO
TBO
TBO
TBD
TBD
TBD
TBD
TBO
TBD
TBD
T8D
TBD
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
TBD
TBD
TBO
TBD
TBD
TBD
TBO
TBO
TBD
TBD
TBD
TBD
TBO
TBD
TBD
TBD
TBD
TBD
TBD
20. Bento, Jay
21. Robertson, James
22. Dolin, Glenn
23. Ciraulo, Christopher
24. Richardson, Robert
25. Solomon, Steven
26. Hopp, Brian
27. Van, Alexander
28. Larsen, James
29. Trattner, Harry
30. Roelle, Christopher
31. Castro, John
32. Lanzner, Lewis
33. Leos, Joseph
34. Bodo, John
35. Carrera, Robert
36. Sterling, William
37. Huerta, Carlos
38. Hencke, William
39. Ochoa, Francisco
40. Novak, Michael
41. Urzua, Christian
42. Cloughen, John
43. Lara, Ronald
44. Critchfield, Michael
45. Little, Brian
46. Summers, Michael
47. Monreal, Manuel
48. Castro, James
49. Vargas, Jorge
50. Defries, Trent
51. Arnone, Anthony
52. Rossman, Cameron
53. Muro, Netzher
54. Sandford, Richart
55. Gonzales, Angel
56. Medina, Octavio
57. Humphrey, Ryan
58. Acosta, Candice
59. Clevenger, Donald
60. Teed, Chris
61. Baptista, Joshua
62. Saldana, Dion
63. Taylor, Ryan
64. Robles, Jorge
65. Sandlin, Brian
66. Hernandez, Pariet
67. Medina, Levi
68. Soria, Gaspar
69. Manville, Sean
70. Chamberlain, Brian
71. Evans, Taylor
72. Gomez, Gabriel
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
Name
Sworn Positions - Excess Transitioninq Personnel (Count = 36)
1. Ortiz, Pedro
2. Smith, Robert
3. Fairchild, Jason
4. Woods, Brian
5. White, Eric
6. Mayo, Brad
7. Maresh, Matthew
8. Bear, Bryan
9. De Leon, Michael
10. Nguyen, Thone
11. Lopez, John
12. Vazquez, Andres
13. Carletta, Lewis
14. Espinoza, Victor
15. Miranda, Erik
16. Titel, Daniel
17. Poli, Ethan
18. Roel, Erick
19. Raygoza, Salvador
20. Hansink, Joshua
21. Maldonado, Miguel
22. Keating, Kenneth
23. Aguirre, Jose
24. Park, Jae
25. Moyer, Tyler
26. Ruelas, Enrique
27. Vu, Khoa (Tony)
28. Ruiz, George
29. Jimenez, Rodrigo
30. Laura, Rommel
31. Lopez, Jorge
32. Martinez, abet
33. Carrasco, Matthew
34. Sarabia, Rodolfo
35. Osorio, Juan Carlos
36. Pahissa Jonathan
37. vacant
38. V3cant
39. vacant
'l0. vacant
'11. vacant
Rank or Position
Salary Step
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
Firefighter
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
n/3
n!3
n/3
n!a
n!a
* n/a Firefighter n/a *
*(position to be populated if the optional Admin Division Captain is not utilized by the City)
ATTACHMENT B - EXHIBIT 2
The following CITY Fire Department non-safety employees shall be offered employment by the OCFA at
the position and salary step stated below:
NON SWORN PERSONNEL (TOTAL COUNT = 15)
Name
Position
Salary Step
1. Smith, Lori
2. Note *
3. Note *
4. livingston, James
5. Feierabend, Karl
6. Thompson, Kristen
7. Talon, Jennifer
Assistant Fire Marshal
Fire Prevention Analyst
Senior Fire Prevention Specialist
Senior Fire Prevention Specialist
Senior Fire Prevention Specialist
Senior Fire Prevention Specialist
Office Services Specialist
TBD
TBD
TBD
TBD
TBD
TBD
TBD
8. Mendoza-Gonzalez, Rosalinda
9. Cooper, Dawna
Administrative Assistant
Nurse Educator
TBD
TBD
10. Laser, Amanda
11. Barrett, Georgina
12. Doval, Emilio
13. Hall, Laura
14. Evangelista, Sarah
15. Romero, Grace
Fire Communications Dispatcher
Fire Communications Dispatcher
Fire Communications Dispatcher
Fire Communications Dispatcher
Fire Communications Dispatcher
Fire Communications Dispatcher
TBD
TBD
TBD
TBD
TBD
TBD
Note*;
These positions will be filled by Karl Ellman and Eric Evans; however, it is not yet known which employee
will be offered the Fire Prevention Analyst position and which will be offered the Senior Fire Prevention
Specialist position. This determination will be made following interviews by OCFA with both employees.
SANTA ANA
FIRE SERVICES AND EMERGENCY MEDICAL SERVICES AGREEMENT
Addendum to Attachment B
Leave Agreement
Transitioninq Personnel from Santa Ana Fire Manaqement Association
Upon transition, the City of Santa Ana (CITY) will establish a leave bank for each transitioning employee
who transitioned from a Fire Management Association position at the CITY. These leave bank hours are
based on shift schedules, and therefore will be converted to staff hours, as appropriate, depending on the
transitioning employee's assigned position.
OCFA recognizes that each employee's leave bank was derived from a combination of accrued holiday
leave, vacation leave, compensatory time off, and sick leave while employed by CITY; however, upon
transition, the leave balances will be treated by OCFA as General Leave, and no longer tracked based on
the individual categories listed above.
General Leave banks transferred from CITY will be tracked separately from new OCF A leave time
accrued by the transitioning employees under the applicable MOU, and will be used as a supplement to
OCFA accrued vacation and sick leave. Transitioning employees will be required to exhaust the balance
of their respective OCFA accrued leave banks before using the General Leave transferred from CITY.
Use of all leave time, whether General Leave or OCFA accrued leave, must comply with OCFA's
applicable MOU; however, General Leave banks are not eligible to be cashed-out by OCFA in lieu of
using said time.
The General Leave balance in each employee's leave bank will be available for use by transitioning
employees, as described above, up until and including April 13, 2017. OCFA will pay amounts due to
transitioning employees who use time from the CITY's General Leave bank, and CITY will repay such
amounts to OCFA, as invoiced on a quarterly basis.
Any amounts remaining in the transitioning employees' General Leave banks effective April 14, 2017 (or
such earlier date if the transitioning employee separates from OCFA) will no longer be available for use
by transitioning employees. OCFA will provide a report to CITY within 30 days after April 14, 2017 (or
within 30 days following separation) detailing the hours remaining in each employee's bank.
Transitioninq Personnel from Santa Ana Fire Benevolent Association with More than Ten (10)
Years of City Service
Upon transition, the City of Santa Ana (CITY) will establish a leave bank for each transitioning employee
who transitioned from a Fire Benevolent Association position at the CITY with more than ten (10) years of
CITY service. Leave bank hours for sworn personnel are based on shift schedules, and therefore will be
converted to staff hours, as appropriate, depending on the transitioning employee's assigned position.
OCFA recognizes that each employee's leave bank was derived from a combination of accrued holiday
leave, vacation leave, compensatory time off, and sick leave while employed by CITY; however, upon
transition, the leave balances will be treated by OCFA as General Leave, and no longer tracked based on
the individual categories listed above.
General Leave banks transferred from CITY will be tracked separately from new OCFA leave time
accrued by the transitioning employees under the applicable MOU, and will be used as a supplement to
OCFA accrued vacation and sick leave. Transitioning employees will be required to exhaust the balance
of their respective OCFA accrued leave bank before using the General Leave transferred from CITY. Use
of all leave time, whether General Leave or OCFA accrued leave, must comply with OCFA's applicable
MOU; however, General Leave banks are not eligible to be cashed-out by OCFA in lieu of using said
time.
The General Leave balance in each employee's leave bank will be available for use by transitioning
employees, as described above, up until and including April 13,2017. OCFA will pay amounts due to
transitioning employees who use time from the CITY's General Leave bank, and CITY will repay such
amounts to OCFA, as invoiced on a quarterly basis.
Any amounts remaining in the transitioning employees' General Leave banks effective April 14, 2017 (or
such earlier date if the transitioning employee separates from OCFA) will no longer be available for use
by transitioning employees. OCFA will provide a report to CITY within 30 days after April 14, 2017 (or
within 30 days following separation) detailing the hours remaining in each employee's bank.
Transitionina Personnel from Santa Ana Fire Benevolent Association with Less than Ten (10)
Years of City Service
Upon transition, the City of Santa Ana (CITY) will establish a Sick Leave bank of 48 hours for each
transitioning employee who transitioned from a Fire Benevolent Association position at the CITY with less
than ten (10) years of CITY service.
Sick Leave banks transferred from CITY will be tracked separately from new OCFA sick leave accrued by
the transitioning employees under the applicable MOU, and will be used as a supplement to OCFA
accrued sick leave. Transitioning employees will be required first to use their OCFA accrued sick leave,
before using the sick leave transferred from CITY. Transferred sick leave may only be used for non-
occupational illness or injury for which the employee has no OCFA accrued sick leave balance available,
and may not be cashed out by OCF A.
The Sick Leave balance in each employee's bank will be available for use by transitioning employees, as
described above, up until and including April 16, 2015. OCFA will pay amounts due to transitioning
employees who use time from the CITY's Sick Leave bank, and CITY will repay such amounts to OCFA,
as invoiced on a quarterly basis.
Any amounts remaining in the transitioning employees' Sick Leave banks effective April 17, 2015 (or such
earlier date if the transitioning employee separates from OCFA) will be forfeited and no longer available
for use by transitioning employees.
CITY OF SANTA ANA
Qlli-C L~
Interim City Manager, Paul M. Walters
fuL~
ORANGE COUNTY FIRE AUTHORITY
By-1/'~
Fire Chief, Keith Richter
By:
Date:
1-S--IL.-
-
Date: 03pS 1'2