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Home My WebLink AboutORANGE COUNTY FIRE AUTHORITY - 2012 EMERGENCY SRVS - ADDENDUM SANTA ANA ADDENDUM #1 - FIRE & EMERGENCY MEDICAL SERVICES AGREEMENT REIMBURSEMENT AGREEMENT FOR WITNESS LEAVE IN CRIMINAL CASES Established as of August 21, 2012 - Effective as of April 20, 2012 A-2012-038-01 On February 21, 2012, the City of Santa Ana (CITY) and the Orange County Fire Authority (OCFA) entered into a Fire & Emergency Medical Services Agreement (FSA) which established the terms by which the OCFA would provide fire protection services within the CITY's boundaries, with a transition date of April 20, 2012. The FSA did not contemplate special provisions relating to the processing of subpoenas on behalf of CITY in relation to legal cases arising from incidents which occurred prior to transition of the Santa Ana Fire Department (SAFD) to the OCFA. The OCFA's Memorandums of Understanding with each of its labor groups states the following: A regular, limited-term, or probationary employee who is called to answer a subpoena as a witness for court appearances during the employee's work hours, except where the employee is a litigant or where the subpoena is related to the employee's employment with another employer, shall be compensated at his/her regular rate of pay for all hours of absence from work due to answering the subpoena provided the employee shows proof of such subpoena and deposits witness fees received for such hours, exclusive of mileage, with the Financial Services Manager. Fees for answering a subpoena as a witness during hours other than regularly scheduled working hours may be retained by the employee. Since the CITY's FSA did not contemplate special handling of SAFD-related subpoenas, and since OCFA's MOU's preclude compensating the employee where the subpoena is related to the employee's employment with another employer, OCFA is currently unable to compensate transitioned CITY employees for these costs. This Addendum to the FSA between the CITY and OCFA, combined with approval of Side-Letter Agreements between OCFA and each of its labor groups, will enable compensation in these instances. Agreement to Reimburse OCFA - Witness Leave (Criminal Cases) Related to Pre-Transition Incidents 1. CITY agrees to reimburse OCFA for compensation paid to transitioned employees, or backfill costs to fill behind an absent transitioned employee, when the transitioned employee is called to answer a subpoena as a witness for court appearances (criminal cases), and when the subpoena is related to the employee's employment with the CITY prior to April 20, 2012. a. Employees will be compensated at their regular rate of pay for hours absent from work during their scheduled work hours. In these situations, OCFA may be required to hire another employee on overtime (paid at 1 '/ times the basic hourly rate) to backfill behind the absent employee. When a backfill actually occurs, CITY agrees to reimburse OCFA for those backfill costs, but not for the regular pay to the employee who receives a subpoena. Employees who are on-call for court or who appear in court during a non-scheduled work day in response to a subpoena will be compensated as follows: i. Employee will be on-call only during normal business hours (8:00 AM to 5:00 PM), and compensated at Y4 of his/her hourly rate. OCFA will require reimbursement from CITY for those on-call costs. ii. If an employee is called to appear during the specified time period, on-call status will cease and call- back status will begin. Call-back status (overtime for court appearances) will be paid at 1 '/ times the basic hourly rate, and OCFA will require reimbursement from CITY for those costs. 874643.2 SANTA ANA ADDENDUM #1 - FIRE & EMERGENCY MEDICAL SERVICES AGREEMENT REIMBURSEMENT AGREEMENT FOR WITNESS LEAVE Page 2 of 2 2. OCFA agrees to provide CITY a quarterly report of compensation paid, pursuant to No. 1 above. The report will be produced following each quarter ending March 31, June 30, September 30, and December 31. This Agreement applies effective April 20, 2012. 3. OCFA will bill CITY in arrears for these reimbursements, by adding the quarterly reimbursement amount to CITY's monthly invoice following the close of each quarter. 4. Except as provided herein or as agreed in writing by CITY, OCFA and CITY jointly agree that future changes which may be negotiated between OCFA and its labor groups regarding compensation for court appearances can only impact CITY by reducing costs eligible for reimbursement by CITY. Should future changes not contemplated by this Agreement cause an increase in costs to OCFA for employee court appearances, those increased costs will not be eligible for CITY reimbursement. Nothing herein limits CITY's existing obligations under the FSA or the Joint Powers Agreement as amended. CITY OF SANTA ANA j 6 , By: C_ City Manager, Paul M. Walters ORANGE COUNTY FIRE AUTHORITY By: Signed in Counterpart Fire Chief, Keith Richter Date: ' ( 3 - (1. _ ATTEST: MARIA D. HUIZAR CLERK OF THE COUNCIL A ROVED AS TO FORM Joseph Straka Assistant City Attorney Date: 874643.2 SANTA ANA ADDENDUM #1 - FIRE 8, EMERGENCY MEDICAL SERVICES AGREEMENT REIMBURSEMENT AGREEMENT FOR WITNESS LEAVE Page 2 of 2 2. OCFA agrees to provide CITY a quarterly report of compensation paid, pursuant to No. 1 above. The report will be produced following each quarter ending March 31, June 30, September 30, and December 31. This Agreement applies effective April 20, 2012. 3. OCFA will bill CITY in arrears for these reimbursements, by adding the quarterly reimbursement amount to CITY's monthly invoice following the close of each quarter. 4. Except as provided herein or as agreed in writing by CITY, OCFA and CITY jointly agree that future changes which may be negotiated between OCFA and its labor groups regarding compensation for court appearances can only impact CITY by reducing costs eligible for reimbursement by CITY. Should future changes not contemplated by this Agreement cause an increase in costs to OCFA for employee court appearances, those increased costs will not be eligible for CITY reimbursement. Nothing herein limits CITY's existing obligations under the FSA or the Joint Powers Agreement as amended. CITY OF SANTA ANA By:? City Manager, Paul M. Walters Date ORANGE COUNTY FIRE AUTHORITY By. ire Chief, Keith Richter _I f" Date: z/-Zlr?)- r 874643.2