Agenda packet — Brea City Council, June 18, 2024 (part 2 of 3)

STANDARD FORM I

PRICE FORM
(Proposer’s Company Name)
Separate and describe your tasks, and associated costs, for the Scope of Services requirements.

Attach additional pages if necessary.

Please note that pricing Must Be All-Inclusive. EACH PROPOSAL MUST BE INCLUSIVE OF ALL COSTS TO PERFORM THE REQUIRED SERVICES. Any and all costs of labor, transportation, materials, software, equipment, proprietary licenses, and any and all other fees, costs, taxes, insurance, and expenses necessary to comply with the requirements of this RFQ and to provide the Services, must be included in the Proposal price.

REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01

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STANDARD FORM A

NON-COLLUSION AFFIDAVIT FORM
Note: To be executed by Proposer and submitted with Proposal.

Proposal (name of proposing company)
that the Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other proposer to put in a false or sham Proposal; that the PROPOSER has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham Proposal, or to refrain from proposing; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the PROPOSER or any other proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other proposer; that all statements contained in the Proposal are true; and, the PROPOSER has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, depository, or to any member or agent thereof, to effectuate a collusive or sham Proposal, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a PROPOSER that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that they have full power to execute, and does execute, this declaration on behalf of the PROPOSER.

I declare under penalty of perjury under the Laws of the State of California that the foregoing is true and correct and that this declaration is executed as set forth.

Signature: ____________________________________________ Name/Title Date: ____________________________________________ Notary is not required for this Proposal.

State of
(the State of the place of business)
County of
(the County of the place of business)
, being first duly sworn, deposes and
(name of the person signing this form)
says that he/she is of
(title of the person signing this form)
, the party making the foregoing
California
Orange
Ruby Lorraine Gutierrez
Owner
Captured Moments
Ruby L. Gutierrez / Owner / May 21, 2024

REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01

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STANDARD FORM B

REFERENCES FORM
(Proposer’s Company Name)
Provide current business references for whom your company has provided similar services.

Provide very brief description of the Project services your company provided to the reference.

Any unsatisfactory references or past unsatisfactory work performance with City may eliminate Proposer from further consideration (Brea City Code Sec. 3.24.020.M) Magma Pizzeria
888 New Los Angeles Avenue, Moorpark
davide moschella, owner
(619) 313-3108
[email protected]

24.107 - Aluminum print
3/1/2024, $147.22
Beto Gonzalez
-
562-746-2895

24.109 - Printed Canvas
2/23/24, $97.15
City of Mission Viejo
200 Civic Center, Mission Viejo, Ca 92691
Vicky Anderson, Admin Asst.
949-470-3086
[email protected]

23.1344.R - Printed booklets
1/6/24, $1,231.59
Captured Moments
OCUS
6 Rue Nadia Guendouz, 93400 Saint-Ouen-sur-Seine, France Gustavo, Support Team
[email protected]
Photoshoot
ongoing

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STANDARD FORM C

SUBCONTRACTORS LIST-STANDARD FORM
(Proposer’s Company Name)
Provide the information requested below. Duplicate this form as necessary to complete list. ☐ Check this box, if no subcontractors are to be used for any of the proposed work.

Captured Moments

REQUEST FOR PROPOSALS
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2024.04.30.01

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STANDARD FORM D

STATEMENT OF COMPLIANCE OR EXCEPTIONS FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation.
(Proposer’s Company Name)
Select one:

No Exceptions
By checking the above box, Proposer declares their Proposal was prepared in strict compliance with the instructions, conditions, and terms of the Solicitation, Scope of Work, and Agreement.

With Exceptions
By checking the above box, Proposer declares their Proposal was prepared in consideration of but with exceptions to one or more of the instructions, conditions, and terms of the Solicitation, Scope of Work, and Agreement, in which case Proposer must provide a detailed list for all such exceptions in the following format.

Section
Page # Term, Condition, Specification Exception & Benefit to City City A
or D
Proposer acknowledges that City may accept or reject any or all of Proposer’s listed exceptions or reject the Proposer’s entire Proposal that contain any exceptions.

Signature: ____________________________________________ Name/Title Date: ____________________________________________ Captured Moments
Ruby L. Gutierrez / Owner / May 21, 2024

REQUEST FOR PROPOSALS
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STANDARD FORM E

By checking the above box, Proposer declares that the Proposer has not had any Contract Terminations, Settlements, or Legal Actions within the past five years of the date signed hereunder and currently does not have any pending Contract Terminations, Settlements, or Legal Actions.

One or More Contract Terminations, Settlements, or Legal Actions By checking the above box, Proposer declares that the Proposer has had either one or more Contract Terminations, Settlements, or Legal Actions within the past five years of the date signed hereunder in which case, Proposer must provide a list for all such contracts and include:

Contract Title, Contract Value, Termination Date, Company Name, Contact Name, Phone Number, and Reasons for and descriptions of the Terminations, Settlements, or Legal Actions.

The Proposer acknowledges that City may: reject any declarations that are not accompanied with the required documentation as described above; or reject any Proposals wherein Proposer has had any Terminations, Settlements, or Legal Actions that City in its sole discretion deems unacceptable.

Signature: ____________________________________________ Name/Title Date: ____________________________________________ (Proposer’s Company Name)
No Contract Terminations, Settlements, or Legal Actions Captured Moments
Ruby L. Gutierrez / Owner / May 21, 2024

REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01

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STANDARD FORM F

INSURANCE COMMITMENT FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation.
(Proposer’s Company Name)
Proposer acknowledges that:

City reserves the right to modify the insurance requirements as set for in the Insurance Requirements section of the Agreement including limits, based on nature of the risk, prior experience, insurer, coverage, or other special circumstances.

City’s acceptance and/or approval of the proposer’s insurance documents does not and shall not be construed to relieve proposer of any obligations, responsibilities or liabilities under any resultant Contract.

Proposer’s failure to comply with the required insurance as set forth in the Insurance Requirements of the Agreement is a breach of contract, which may result in one or more of the following: suspension of work, suspension or termination of contract, remuneration of procurement costs for obtaining a replacement contractor, and suspension from submitting future Proposal based on proposer’s default.

Proposer, at Proposer’s sole cost and expense, hereby promises and agrees to:

Acquire required insurance set forth in the Insurance Requirements of the Agreement.

Provide policies of insurance from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California prior to commencing any work and allowing any subcontractor to commence work on any subcontract until it has secured all required insurance unless otherwise permitted or waived in writing by City’s Risk Manager.

Maintain in force at all times during the term of any Contract, insurance policies as set forth in the Insurance Requirements of the Agreement; replace any policies whose carrier’s rating falls below A VII with policies that meet or better the required A VII rating no later than the renewal date of the policy; amend, supplement, or endorse existing insurance policies that do not meet the insurance requirements set forth in the Insurance Requirements.

Proposer certifies, represents, and commits to all the Insurance Requirements of the Agreement.

Signature: ____________________________________________ Name/Title Date: ____________________________________________ Captured Moments
Ruby L. Gutierrez / Owner / May 21, 2024

REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01

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STANDARD FORM G

PROPOSER QUALIFICATIONS RESPONSE FORM
(Proposer’s Company Name)
Proposers must have demonstrated trustworthiness, as well as the necessary quality, fitness, capacity, and experience to satisfactorily provide the requirements specified in this Solicitation based on prior experience with city, references, and other available information.

Provide the information requested below. Do not omit or renumber any sections. All items listed must be submitted and checked off to ensure qualification responsiveness.

1. Background.

Please provide the following information about your company:
☐ Your company’s full legal name, address, phone, fax, email, website. ☐ Prior company names (if any) and years in business; mergers, buyouts, etc. ☐ Organizational structure (i.e. corp., LLC, sole proprietorship, etc.). ☐ Names and titles of the principal owner(s).
☐ Person(s) authorized to make commitments for your company. ☐ Special recognition or awards.

2. Experience.

Provide the following information relative to required services:
☐ Summary of Experience with similar kinds of work.
☐ Familiarity with state and federal procedures.
☐ Experience working with public agencies.
☐ Narrative of the working relationship with current business references for information not already included in the References Form.

3. Qualifications.

Provide the following information relative to required services:
☐ Financial responsibility.
☐ Demonstrated Technical Ability.
☐ Capability of developing innovative or advanced techniques. ☐ Special qualifications, training, credentials.
☐ Staff names, titles, role, qualifications, and experience assigned to this Project. ☐ Designated project manager assigned to this Project.

Captured Moments

REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01

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4. Understanding.

Provide the following information relative to required services:
☐ Understanding of the work to be done based on this Solicitation. ☐ Include issues that you believe will require special consideration for this Project. ☐ Identify unique approaches or strengths your company has relative to required services.

5. Approach.

Provide the following information relative to required services:
☐ Understanding of the work to be done.
☐ Adequacy of labor and resources to satisfactorily perform the requested services and meet the City’s needs.
☐ Names and titles of key management personnel.
☐ Team to be assigned for these services.

Submitted by:

Signature: ____________________________________________ Name/Title Date: ____________________________________________ Ruby L. Gutierrez / Owner / May 21, 2024

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STANDARD FORM H

FIRM PROPOSAL FORM
(Proposer’s Company Name)
FIRM PROPOSAL made by Proposer to the City of Brea:

I, the undersigned, hereby represent and warrant that I am authorized to submit this Proposal on behalf of and to bind the principals who I represent, to all the requirements of the City of Brea’s Terms and Conditions, Specifications, Scope or Work, any attachments, exhibits, amendments; and I offer and agree to those requirements at the prices set forth in the Proposal Form.

Further, I understand that no contract exists unless City accepts this Proposal by executing the attached Agreement.

Business Name: ___________________________________________ Business Address: ___________________________________________ Federal ID#: ___________________________________________ If any Work is a Public Works Contractor Lic#: _________ DIR#: _________ Business Type: ______ 1. Individual/Sole Proprietor or Single-Member LLC; 2. C Corporation; (Proposer enter a number) 3. Corporation; 4. Partnership; 5. Trust/Estate; 6. Limited Liability Co.

By: _______________________________ By: _______________________________ Name: Name:

Title: Title:

Email: Email:

Date Signed: ________________________ Date Signed: ________________________ CORPs: Chairperson, President, Vice President CORPs: Secretary, Assist. Secretary, Chief Finance LLCs Manager Officer, Assist. Treasurer
LLCs: Manager
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] [Pursuant to California Corporations Code Section 17703.01(d), for limited liability companies, both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] Captured Moments
Captured Moments
200 w columbine ave. Apt B1, Santa Ana, Ca. 92707
46-1879350
1 Ruby Lorraine Gutierrez
Owner
[email protected]
05/21/2024

REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01

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STANDARD FORM I

PRICE FORM
(Proposer’s Company Name)
Separate and describe your tasks, and associated costs, for the Scope of Services requirements.

Attach additional pages if necessary.

Additional comments/remarks:
_____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Captured Moments
21,500 full-color booklets, each 8.5” x 11” - 28 pages
21,500 full-color booklets, each 8.5” x 11” - 32 pages
Shipping
Shipping
15,970.20
485.23
18,274.14
492.76
35,222.33
TIMELINE I Key Milestones
. ·. -.
•. Pre, (qpfergi;Jce(i.f applic:ilble)
Final Addendum Issued
Interviews (week of)*
Finance Committee Recommendation*
Cjty,co~hcilAw,ai-d*' •
Services Begins*
* Tentative; at the discretion of the City
RFQ No. 2024.04.30.01
Request for Proposals
Newsletter Printing Services
May 14, 2024
June 11, 2024
July 1, 2024
To obtains solicitation documents, submit questions, receive answers, and submit a Proposal, proposer's can visit the City's eProcurement Portal at the following hyper/ink https://www.publicpurchase.com/gems/brea,ca/buyer/public/home (registration required).

Please note that Proposals may only be submitted electronically.

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PART!

REQUEST FOR PROPOSALS
Request for Proposals
Newsletter Printing Services
RFP No. 2024.04.30.01
CityofBrea
Newsletter Printing Services
I. Overview
A. Purpose
The City of Brea ("City"} is requesting Proposals from qualified service providers to provide Printing Services for the City's Newsletter Publication (Brea Line} for a one-year term, as further set forth in Part Ill hereto, the Scope of Services and Specification Section ("Services"}. Those submitting Proposals are each referred to herein as "proposer". Any proposer selected to provide the forego'ng services are sometimes referred to herein as "contractor" or "consultant." B. Specific Processes Applicable to this Request for Proposals (RFP) To obtain solicitation documents, submit questions, receive answers, and submit a proposal, v'sit the City's eProcurement Portal at the following hyperlink (registration is required} City's eProcurement Portal
https://www.publicpurchase.com/gems/brea,ca/buyer/public/home

PROPOSALS MAY ONLY BE SUBMITTED ELECTRONICALLY
II. Questions and Answers.

A. Questions
Any person contemplating submitting a Proposal in response to this RFP who has questions, requires clarification, or finds any discrepancies with respect to any part of this RFP, the Scope of Services and Specifications, the City's standard agreement contained herein, or any of the terms and conditions included therein (collectively, "Solidtation" or "RFP"}, must submit their questions through the City's eProcurement Portal listed above by the Question Deadline set forth in the Timelines referenced on page one or as may be modified by any addendum. Questions not received by the Question Deadline will not be considered. As such questions, are non-responsive to the Solicitation requirements.

B. Answers
The City will issue addenda to answer question(s} received by the Question Deadline and provide clarifications and modifications to the Solicit,ition utilizing the City's eProcurement Portal as provided above, when deemed to be of sufficient importance or otherwise necessary to more fully implement the goals and intent of this RFP. Proposers must acknowledge receipt of all City-issued addenda. Only City's written addenda can modify the requirements of this RFP. Any modifications set forth in such addenda will supersede and take precedence over the original RFP and any preceding addendums. Any other form of communications shall have no force or effect with respect. to this Solicitation. The City will not be bound by any verbal representations of any City official or employee.

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CITYorBRIEA.
~ RFP No. 2024.04.30.01
City ofBrea
Newsletter Printing Services

PROPOSALS NOT RECEIVED ELECTRONICALLY BEFORE THE PROPOSAL DUE DATE, SHALL NOT BE OPENED AND SHALL BE DISREGARDED. PROPOSERS BEAR ANY AND ALL RISKS OF UNTIMELY, OR NON-RECEIPT OF ANY PROPOSAL, REGARDLESS OF THE CAUSE.

Ill. Costs Included in Proposal
A. Preparation Expense
Proposers prepare and make Proposal(s) at their sole expense.

B. All-Inclusive Costs
Pricing Must Be All-Inclusive. EACH PROPOSAL MUST BE INCLUSIVE OF ALL COSTS TO PERFORM THE REQUIRED SERVICES. Any and all costs of labor, transportation, materials, software, equipment, proprietary licenses, and any and all other fees, costs, taxes, insurance, and expenses necessary to comply with the requirements of this RFP and to provide the Services, must be included in the Proposal price.

IV. Proposal Submission Requirements
A. General
i. Checklist. Use this section as a checklist to help provide a complete response. Failure to include and provide all the information specified may result in rejection of the Proposal without further evaluation or award consideration.
ii. Signatures. Proposers must sign all forms where indicated. Digital Signatures are acceptable if they conform to all requirements of California Government Code Section 16.5. iii. Additional Material. Do not include any promotional material or any material that is not directly relevant to the objectives of this Solicitation. iv. Organization. Organize the Proposal in the order shown below, separate each section with a section page and title, and number each section beginning with one. v. Sections Division and Purpose. Note the Qualifications and Forms sections will be used to determine if the proposer is qualified and responsive, while the Technical and Costs sections will be used to determine how well the proposer meets the requirements of this Solicitation and if the proposed costs are fair and reasonable. The Technical and Costs sections of the successful Proposal may be attached to and incorporated as part of Exhibit A to the City's standard Agreement for execution.

B. Introduction Section
i. Title Page. Provide a title page showing the Solicitation subject; the proposer's name; address, and the date of the Proposal.
ii. Table of Contents. Provide a table of contents detailing the various sections and page numbers of the information contained in the Proposal.
iii. Letter of Transmittal. Provide a letter of transmittal signed by an individual authorized to bind the proposer, briefly stating the proposer's understanding of the work to be done, the commitment to perform the work within the required time period(s), a statement why the proposer believes itself to be best qualified to perform the Services and a statement that the

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Proposal is a firm and irrevocable Proposal.

C. Qualifications Section
RFP No. 2024.04.30.01
CityofBrea
Newsletter Printing Services
i. Background. Provide the proposer company's full legal name, address, phone, fax, email, website; Prior company names (if any) and years in business; mergers, buyouts; Organizational structure (i.e. corp., LLC, sole proprietorship, etc.) and chart; Names and titles of the principal owner(s); Person(s) authorized to contractually bind the company. List any pending litigation and describe any contracts terminated for cause and any governmental enforcement actions against proposer's company during the previous five (S) years. List any special recognition or awards.
ii. Experience. Provide a summary of experience with similar kinds of work; Familiarity with state and federal procedures; Experience working with public agencies. Provide current business references for whom your company has provided similar services, and a very brief description of the provided services.
iii. Qualifications. Provide a summary of financial responsibility; Demonstrated technical ability; Capability of developing innovative or advanced techniques; Special qualifications, training, credentials; Staff names, titles, role, qualifications, experience, and length of service and the designated project manager to be assigned to this agreement. iv. Understanding. Describe proposer's understanding of the work to be done as required by this RFP. Include any issues that will require special consideration in providing the Services and identify any unique approaches or strengths your company may have.

D. Technical Section
i. Approach. Provide a detailed discussion and proposed methodologies of the proposer's approach to the successful performance of the Services. Include thorough discussions of methodologies proposer believes are essential to accomplishing each task. Include a proposed work schedule to accomplish all of the required tasks and identify the te2m member responsible for each.
ii. Proposed Schedule. Provide a detailed recommended schedule of activities. If a Meet and Confer and Presentation Requirements and/or a Tentative Schedule are provided in the Scope of Services and Specifications Requirements Section any recommended modifications should be addressed.

E. Cost Section
i. Pricing. Pricing shall be as specifically described in Exhibit "A" to the City's standard form af agreement attached hereto and incorporated by reference herein.

F. Forms Section
i. Standard Forms
a. Non-Collusion Affidavit Form
b. References Form
c. Subcontractors List-Standard Form
d. Statement of Compliance or Exceptions Form

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CITY.rBRJEA
~
e. Status of Past and Present Contracts Form
f. Insurance Commitment Form
g. Proposer Qualification Response Form
h. Firm Proposal Form
i. Price Form
RFP No. 2024.04.30.01
City ofBrea
Newsletter Printing Services
G. Withdrawal and Validity. Proposal may be withdrawn before the Proposal Deadline. otherwise, Proposal are binding for 120 days from the Proposal Deadline.

V. Proposal Review
A. Opening Proposals. Proposals remained unopened until the Proposal Deadline and thereafter will be electronically unsealed to begin the review and evaluation process set forth in the Evaluation, Award, Contract, Notice to Proceed Section below.

B. Proposal Information Posted. Proposals received by the Proposal Deadline, will have results posted on the City's website at www.ci.brea.ca.us/1254/Reguests-for-Bids-Quotes-and-Quotes.

The Proposal results are subject to change based on responsiveness and determination of qualifications. Further information may be obtained by visiting the webpage, clicking on Requests for Bids, Quotes, and Quotes, and scrolling to the desired solicitation. City will not provide results by any other means.

C. Information Posted. For this RFP, only company names of proposers timely submitting Proposals, will be initially posted. No Proposal will be available for public review until the evaluation phase has been completed and an award recommendation, if any, has been made.

D. All Proposals Become City Property and Public Records. All submitted Proposals will become City property and public records subject to disclosure. However, no Proposal will be disclosed unless and until a proposer is selected and recommended for contract award to the City Council; all Proposals are rejected; or, this RFP process is terminated.

DO NOT SUBMIT CONFIDENTIAL INFORMATION. Any and all notices of "trade secrets", "confidential information", "do not disclose", and/or any similar types of notices in a Proposal will be disregarded.

VI. Evaluation
A. Non-Responsive Proposals. Proposals that are late or misdirected; or where the proposer did not attend any required mandatory Pre-Proposal Meeting or is suspended or debarred (www.sam.gov) are non-responsive. Proposals that did not include the required documents or information; modified any terms and conditions; had excessive or inadequate price relative to the Scope of Services and Specifications Requirements may cause the Proposals to be deemed non-responsive. Non-responsive Proposals will not be considered for further evaluations or award.

B. Responsive Proposals. Proposals that conform in all material respects to the RFP and are eligible for further consideration.

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CITYorBRIEA
~ RFP No. 2024.04.30.01
City ofBrea
Newsletter Printing Services
C. Informalities. City may waive any informalities in any Proposal or this RFP process as deemed in City's best interest.
[,. Basis of Award and Evaluation Criteria. If an award is made, it shall be made based on the Proposal determined to provide the best value to the City. City will evaluate and score each Proposal based on how well it meets the Proposal Submission Requirements including, but not limited to, the Qualifications, Technical, Cost, Forms sections; any required clarifications, presentations, interviews; other available information; any required Best and Final Offer (BAFO) responses; and any other requirements of this RFP not mentioned specifically in this paragraph.

The scoring for Evaluation Criteria is set forth below:

Responsiveness of the Proposal including ability to meet the City's time lines, 20% and acceptance of City's standard form of agreement
Proposer's qualifications and prior experience 20%
Technical approach to provide the Services 20%
Value and economy to City of the proposed Project approach 20% Pricing 20%
The City reserves the right to select one or more proposers for further consideration or award of a contract, based solely on their Proposal or, on their Proposal and any interviews. The City reserves the right to negotiate a final agreement with one or more of the top scoring proposers.

Award, Reject, Rescind.

As may be in City's best interest, City may accept and award a contract to any proposer; rescind any award; reject any or all Proposals; and/or terminate this RFP process at any time.

Agreement.

If an agreement is awarded, City will do so after the successful proposer has satisfied all post-award reqJirements (insurance, bonding, etc.). The City's standard form of agreement is attached. Any requested changes to the agreement will be considered as part of the evaluation/scoring process.

Notice to Proceed.

City will issue a notice to proceed to contractor(s) to commence providing the Services at the time stated in that notice. Absent a formal notice to proceed letter, delivery of the Purchase Order becomes the de facto notice to proceed unless otherwise stated in the Purchase Order.

End of this Section.

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PARTII
STANDARD FORMS •

REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01

STANDARD FORM A

NON-COLLUSION AFFIDAVIT FORM
Note: To be executed by Proposer and submitted with Proposal.

S:ate of
e of business)
County of _i__...L.J.L!____!,!=~""'-------
(the County ofth lace of business)
(name ofth
, being first duly sworn, deposes and
says that he/she is ..L_..L __ _,;;_.1.,~~~~Ul.~~------------ of he pers n signing this form)
, the party making the foregoing
Proposal (name of proposing company)
that the Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other proposer to ;:mt in a false or sham Proposal; that the PROPOSER has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham Proposal, or to refrain from proposing; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the PROPOSER or any other proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other proposer; that all statements contained in the Proposal are true; and, the PROPOSER has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, depository, or to any member or agent thereof, to effectuate a collusive or sham Proposal, and has not paid, and will not pay, any person or entity for such purpose.

I declare under penalty of perjury unde,,,...,.,....,
true and correct and that this declaration • e
Signature:

Name/Title Date:

Notary is not required for this Proposal.

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alifomia that the foregoing is

REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01

STANDARD FORM B

REFERENCES FORM
(Proposer's Company Name)
Provide current business references for whom your company has provided similar services.

Provide very brief description of the Project services your company provided to the reference.

Any unsatisfactory references or past unsatisfactory work performance with City may eliminate Proposer from further consideration (Brea City Code Sec. 3.24.020.M)

1. Company Name [
Address, Citv, State, Zin I
Contact's Name & Title [
Contact's Phone# I
Contact's Email [
Proiect I
Comnletion Date & Value [

2. Company Name I
Address, Citv, State, Zin I
Contact's Name & Title [
Contact's Phone# I
Contact's Email I
Proiect [
! Comnletion Date & Value i

3. CompanyName [
Address, Citv, State, Zin i
Contact's Name & Title I
Contact's Phone# i
Contact's Email i
Proiect i
C.::,mnletion Date & Value [

4. Company Name I
Address, Citv. State, Zio [
Contact's Name & Title I
Contact's Phone# [
Contact's Email f
Proiect I
Comnletion Date & Value I
. . 1'°'iS° f; i,. " - J\,,t!.. .f' I.

I \~ ' ' ~- Vv.,(l'': - . ./
I •\ "· • , - ::ll--1: 1«fo .:J~
I rt. \,.,,. II r..) (l..V\.Ci.,~ 1M "· . . Co,------
1 l_l ,- 'r. -,-:,• " ,l\0"0 C. Ill '°' • • •
V V
I
I
I
I
i

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REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01

STANDARD FORM C

SUBCONTRACTORS LIST-STANDARD FORM
(Proposer's CompanyNrune)
Provide the information requested below. Duplicate this form as necessary to complete list. □ Check this box, if no subcontractors are to be used for any of the proposed work. l. Companv Name I
Address, Citv, State, Zip I
Contact's Name & Title
Contact's Phone# I
Contact's Email I I
' Proposed work & amounts i I • '
License #s & Class [ I
DIR # & Exo Date I

2. Companv ! I
Address, Citv, State, Zin I
Contact's Name & Title I I
Contact's Phone# I
Contact's Email I
Prooosed work & amounts [ I
License #s & Class I I
DIR# & Exp Date [ I

3. Company [ I
Address, Citv. State, Zip
Contact's Name & Title I
Contact's Phone# I
Contact's Email I
Pronosed work & amounts I
License #s & Class I
DIR# & Exp Date I
' I

Page 11 ends

•

REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01

STANDARD FORM D

I ?(j No Exceptions
By checking the above box, Proposer declares their Proposal was prepared in strict compliance with the instructions, conditions, and terms of the Solicitation, Scope of Work, and Agreement.

I With Exceptions
By checking the above box, Proposer declares their Proposal was prepared in consideration of but with exceptions to one or more of the instructions, conditions, and terms of the Solicitation, Scope of Work, and Agreement, in which case Proposer must provide a detailed list for all such exceptions in the following format.

Section City A
Page# Term, Condition, Specification Exception & Benefit to City orD Proposer acknowledges that City may accept or reject any or all of Proposer's listed exceptions or reject the Proposer's entire roposal that con • y exceptions.

Signature:

Name/Title Date:

Page 12 of 38 ends

REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01

STANDARD FORM E

STATUS OF PAST AND PRESENT CONTRACTS FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation. As used in this form, "Proposer" means Proposer or any 10% or greater owner of the proposing company; "Contract Termination" means termination for cause by any other party to a contract with the Proposer; "Settlement" means settlement of any claim or lawsuit brought against Proposer in connection with Proposer's services; and, "Legal Action" means any lawsuit alleging fraud, breach or any other misconduct by, or red ajainst, Proposer. l"ii.... A (Proposer's Company Name)
I )7\ J No Contract Terminations, Settlements, or Legal Actions By checking the above box, Proposer declares that the Proposer has not had any Contract Terminations, Settlements, or Legal Actions within the past five years of the date signed hereunder and currently does not have any pending Contract Terminations, Settlements, or Legal Actions. / One or More Contract Terminations, Settlements, or Legal Actions By checking the above box, Proposer declares that the Proposer has had either one or more Contract Terminations, Settlements, or Legal Actions within the past five years of the date signed hereunder in which case, Proposer must provide a list for all such contracts and include:

Contract Title, Contract Value, Termination Date, Company Name, Contact Name, Phone Number, and Reasons for and descriptions of the Terminations, Settlements, or Legal Actions.

Signature:

Name/Title Date:

Page 13 of 38 ends

REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01

STANDARD FORM F

INSURANCE COMMITMENT FORM
Each Proposal must be accompanied by this fonn. Failure to provide this form will cause the Propos~ deemed non-responsive and that Proposal will not be considered for further evaluation. r' IS ~ ~
dmpa~y Name)
Proposer acknowledges that:

City's acceptance and/or approval of the proposer's insurance documents does not and shall not be construed to relieve proposer of any obligations, responsibilities or liabilities under any resultant Contract.

Proposer's failure to comply with the required insurance as set forth in the Insurance Requirements of the Agreement is a breach of contract, which may result in one or more of the following: suspension of work, suspension or termination of contract, remuneration of procurement costs for obtaining a replacement contractor, and suspension from submitting future Proposal based on proposer's default.

Proposer, at Proposer's sole cost and expense, hereby promises and agrees to:

Acquire required insurance set forth in the Insurance Requirements of the Agreement.

Provide policies of insurance from a company or companies having a current A.M. Best's rating of no less than A: VII and admitted and authorized to transact the business of insurance in the State of California prior to commencing any work and allowing any subcontractor to cor:unence work on any subcontract until it has secured all required insurance unless otherwise permitted or waived in writing by City's Risk Manager.

Maintain in force at all times during the term of any Contract, insurance policies as set forth in the Insurance Requirements of the Agreement; replace any policies whose carrier's rating falls below A VII with policies that meet or better the required A VII rating no later than the renewal date of the policy; amend, supplement, or endorse existing insurance policies that do not meet the insurance requirements set forth in the Insurance Requirements.

Proposer certifies, represents, and co Requirements of the Agreement.

Signature:

Name/Title Date:

Page 14 of 38 ends

REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01

STANDARD FORM G

NSEFORM
Proposers must have demonstrated trustworthiness, as well as the necessary quality, fitness, capacity, and experience to satisfactorily provide the requirements specified in this Solicitation based on prior experience with city, references, and other available information.

Provide the information requested below. Do not omit or renumber any sections. All items listed must be submitted and checked off to ensure qualification responsiveness.

1. Background.
l
l e provide the following information about your company:

Your company's full legal name, address, phone, fax, email, website. (U /rior company names (if any) and years in business; mergers, buyouts, etc. 7 organizational structure (i.e. corp., LLC, sole proprietorship, etc.). )LJ.,.... Names and titles of the principal owner(s).
~erson(s) authorized to make commitments for your company. fJ Special recognition or awards.

2. Experience.

Provide the following information relative to required services:
~ummary of Experience with similar kinds of work.

Familiarity with state and federal procedures.
/Experience working with public agencies.
lJ Narrative of the working relationship with current business references for information not already included in the References Form.

3. Qualifications.

Provide the following information relative to required services:
~inancial responsibility.
p~emonstrated Technical Ability.
)'.J .,,,,Capability of developing innovative or advanced techniques. cial qualifications, training, credentials.

Staff names, titles, role, qualifications, and experience assigned to this Project.

Designated project manager assigned to this Project.

Page 15 ends

4. Understanding.

REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01
Provide the following information relative to required services:
/4understanding of the work to be done ?ased on this Solicitation. hclude issues that you believe will require special consideration for this Project. ,zJ" Identify unique approaches or strengths your company has relative to required services.
5, Approach.

Provide the following information relative to required services:
6understanding of the work to be done.
~Adequacy oflabor and resources to satisfactorily perform the requested services and • / meet the City's needs.
~ames and titles of key management personnel.
p Team to be assigned for these services.

Submitted by:

Signature:

Name/Title Date:

Page 16 ends

Standard Form G
Background

1. GM Graphics, dba PTS Marketing Group
1382 Valencia Ave, Ste B Tustin, CA 92780
877-772-7781 xl 0 1, no fax number, .sg~gi;;[email protected], Ptsmarketinggroup .com

2. No prior company names - 20 years in business/

3. C Corporation

4. Patrick Merrell and Sam George 2 partners

5. Sam George
Experience

1. For several years, we have done newsletters and game programs. For the last 8 quarters we have done the Brea Line Newsletter. We have also done game programs for the Anaheim Ducks, LA Galaxy and LA Clippers.

2. Somewhat familiar with state and Fed procedures but have done some jobs over the years. We have been quite busy
the last 8 years and haven't had the chance to bid on many jobs.

3. Same as above

4. We produce all types of printing; digital, commercial, signage, direct mail and promotional items. The majority of our clients we are a one source provider for them.

Qualifications

1. Financial Responsibility - Sam George and Patrick Merrell

2. Demonstrated technical ability- NA

3. Capability of developing innovative or advanced
techniques- If necessary we'll hire or purchase the most updated and innovative techniques for printing but that is not needed for this particular job.

4. Special qualifications, training, credentials- NA
S. Staff Names, titles, role, qualilfications etc.

Elizabeth Carroll- project manager
Matt Whalen - mailing
Steve Adams- print production

6. Designated Project Manager- Elizabeth Carroll
Understanding

1. Understand 100% as we have done for several quarters now.

2. No issues that will require special considerations

3. No unique services. Just will print on a high end 40" press, other than that, it's pretty straight forward.

A?proach
I. Same as above. Clear understanding.

2. More than adequate resources internally to handle this job as proven in the past.

3. Key management personnel- Sam George - Partner.

Elizabeth Carroll - VP of Operations

4. Yet to be determined.

REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01

STANDARD FORM H

FIRM PROPOSAL FORM
(Proposer's Company Name)
FIRM PROPOSAL made by Proposer to the City of Brea:

I, the undersigned, hereby represent and warrant that I am authorized to submit this Proposal on behalf of and to bind the principals who I represent, to all the requirements of the City of Brea's Terms and Conditions, Specifications, Scope or Work, any attachments, exhibits, amendments; and I offer and agree to those recuirements at the prices set forth in the Proposal Form.

Further, I understand that no contract exists unless City accepts this Proposal by executing the attached Ag·eement.

IfanyWorkisaPublicWorks Contractor Lie#: ~DIR#: t\['~
Business Typer'\ ___... I. Individual/Sole Proprietor or Single-Memb;LC; 2. C Corporation; (Proposer enter a number) ......, 3. Corporation; 4. Partnership; 5. Trust/Estate; 6. Limited Liability Co.

Name:

Title:

Email:

Date Signed:

CORPs: Chairperson, Pr siden
By:~\,~('(~
Name: Q \'7_.~J,J[Grn-t,A.,
Title: \rPo~~
Email: e.~roll 'fl' ,3~.ler
Date Signed: --'--'--=t--'--'"""'"'1-----
CORPs: Secretary, , Chief Finance
LLCs Manager Officer, Assist. Treasurer
LLCs: Manager
[Pi:rsuant to California Corporations Code Section 313, botl1 signature lines must be executed unless the signatory hokls at least one of the offices designated on each line.] [Pursuant to California Corporations Code Section 17703.0 I( d), for limited liability companies, both signature lines must be executed unless the articles of incorporation state tliat the fmn is managed by only one manager.]

Page 17 ends

REQUEST FOR PROPOSALS
Newsletter Printing Services
2024.04.30.01

STANDARD FORM I
( PRICE FORM
?'\S l\¾J~ @.?ompaJnyName)
Separate and describe your tasks, and associated costs, for the Scope of Services requirements.

Attach additional pages if necessary.

Please note that pricing Must Be All-Inclusive. EACH PROPOSAL MUST BE INCLUSIVE OF ALL COSTS TO PERFORM THE REQUIRED SERVICES. Any and all costs oflabor, transportation, materials, software, equipment, proprietary licenses, and any and all other fees, costs, taxes, insurance, and expenses necessary to comply with the requirements of this RFQ and to provide the Services, must be included in the Proposal price.

Tasks
1 i c... L, i,i
2 3
4 5
6 7 .......... 8
9 10
Proposal Total Costs (add,above lines). ~
Additional comments/remarks:

Page 18 ends

PART Ill

AGREEMENT&

SCOPE OF SERVICES
..I. u.5" -'--' V..I. .,._,
. .

CITY'arJRE.A

PROFESSIONAL SERVICES AGREEMENT
Newsletter Printing Services
This Professional Services Agreement ("Agreement") is dated {AgreementDate} for reference purposes and is executed by the City of Brea, a California municipal corporation ("City"), and {Contractor Name} a {Legal Status} ("Contractor").

RECITALS
A. City desires to retain Contractor as an independent contractor to provide the following pnfessional services: Brealine Newsletter Printing Services.

B. Contractor represents that it is duly licensed, fully authorized by law, and has the necessary experience and qualifications, to provide such services.

NOW, THEREFORE, the parties agree as follows:

AGREEMENT
I. Scope of Services.

Contractor shall perform the services referenced in the Recitals, as required by the RFP dated _____ and more specifically described in the Scope of Services set forth in the attached hereto as Exhibit "A", and as otherwise required by this Agreement, all to City's satisfaction ( collectively, "Services").

2. Compensation.

A. City shall pay for the Services satisfactorily performed, in accordance with the Fee Schedule set forth in the attached Attachment 1 to Exhibit A hereto.

B. In no event shall the total amount paid for the Services over the term of this Agreement exceed the annual all-inclusive sum of$ {ContractAmount} ("Contract Amount"). This amount covers and is inclusive of all labor, materials, and any and all other costs incurred by Contractor in performing the Services. Contractor shall be deemed to have made all inquiries and site inspections deemed necessary by Contractor prior to execution of this Agreement.

C. Unless the Fee Schedule calls for payment of a one-time flat fee, periodic payments for undisputed work shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Contractor's invoices shall indicate the amount of time spent on each task and the applicable rate.

D. Unless the Fee Schedule calls for payment on a different schedule, Contractor shall invoice City on a monthly basis.

3. Contingency Work.

Page 20 ends

PROFESSIONAL SERVICES AGREEMENT
Newsletter Printing Services
The parties may agree on contingency work to be provided as part of the Services. A written amendment to this Agreement shall be executed for contingency work that increases the Contract Amount by more than {Contingency Percent} percent. The City Manager, or designee, is authorized to approve, in writing, contingency work that is below the foregoing limit.

Contractor's monthly invoice shall include a detailed description of any approved, contingency work. Any work performed by Contractor without a written amendment or approval of the City Manager, or designee, shall be deemed to be work included within the Services.

4. Term.

The term of this Agreement shall commence on {TermStartDate} ("Effective Date").

Unless extended or earlier terminated as provided herein, this Agreement shall expire on __ or up::m satisfactory completion of the Services, whichever occurs first. The City may extend the tenn of this Agreement by giving written notice to Contractor within 30 days prior to the thenscheduled expiration date for two (2) additional one-year terms which will be the sole discretion of the: City Manager.

5. Time of Performance.

A. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established and agreed upon schedules and deadlines agreed upon in writing. Contractor shall commence performance within two business days of receiving City's written notice to proceed.

B. Force Majeure. Neither party shall be considered in default of this Agreement for delays in performance caused by a force majeure event. As used in this Agreement, the term "force majeure event" means circumstances beyond the reasonable control of the non-performing party and includes the following: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; or judicial restraint. Contractor's lack of financial capability, shall not constitute a force majeure event unless directly attributable to any of the foregoing events.

C. Should a force maj eure event occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

6. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to the Services, including costs incurred, shall be maintained by Contractor and made available for review by City at all reasonable times during the term of this Agreement and for four ( 4) years fron the date of final payment by City.

7. Standard of Care.

Page 21 ends

PROFESSIONAL SERVICES AGREEMENT
Newsletter Printing Services
Contractor's Services shall be performed in accordance with the generally accepted professional standards of practice and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently performing similar services under similar conditions. Contractor shall maintain all professional licenses and certifications required to lawfully perform the Services.

8. Compliance with Law.

A. Contractor shall comply with all applicable laws including Cal/OSHA requirements.

Contractor shall obtain a City of Brea business license.

Contractor shall comply with all {Additional Legal Requirements}.

9. Assignment and Subcontracting.

A. Contractor shall not assign or transfer this Agreement or any rights or obligations under, or any interest in this Agreement, or subcontract any required performance hereunder, without the prior written consent of City, which may be withheld for any reason. City shall be deemed to have approved Contractor's utilization of subcontractors identified in Contractor's Proposal for the Services.

B. Any attempt to so assign, transfer, or subcontract without City's prior written consent shall be void and shall constitute grounds for City's termination of this Agreement. Authorized subcontracts shall contain a provision maldng the subcontractor subject to all requirements of this Agreement.

C. If use of a subcontractor is approved, then City may withhold 5% of each monthly payment to Contractor. Such retention shall be released upon City's receipt of an unconditional release of all claims signed by any such subcontractor, as to work performed to date.

10. Independent Contractor.

A. Contractor is retained as an independent contractor and is not an employee of City. No employee or agent of Contractor is or shall become an employee of City.

B. Contractor will dete1mine the means, methods, and details by which Contractor's personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

C. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other infonnation identifying such individual as an employee of City. Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of the Services. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel

Page 22 of 38 ends

PROFESSIONAL SERVICES AGREEMENT
Newsletter Printing Services
require to perform the Services. Contractor shall perform the Services off of City premises at locations of Contractor's choice, except as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product, or as may be necessary to inspect or visit City locations. City may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the Services.

D. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with the Services.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Contractor and its officers, employees, agents, and subcontractors shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") or any other retirement program, as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits or any other retirement benefits.

11. PERS Compliance.

The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Services, Contractor shall assure compliance with the Public Employees' Retirement Law (Government Code Section 20000 et seq.), the regulations of PERS, and the Public Employees' Pension Reform Act of20!3 (Government Code Section 7522 et seq.). Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

12. Insurance.

Unless otherwise permitted or waived in writing by City's Risk Manager, Contractor shaJ not commence work until it has secured all insurance required under this section and pro· ided evidence thereof that is acceptable to City. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.

A. Commercial General Liability
i. Contractor shall take out and maintain, in amounts not less than specified

Page 23 ends

PROFESSIONAL SERVICES AGREEMENT
Newsletter Printing Services
herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to City.
ii. Coverage for Commercial General Liability insurance shall be at least as broad as the following:
a. Insurance Services Office Commercial
General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
iii. Commercial General Liability Insurance must include coverage for the following:
a. Bodily Injury and Property Damage
b. Personal Injury/ Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Contractual Liability with respect to this
Agreement
g. Broad Form Property Damage
h. Independent Contractors Coverage
iv. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or ( 4) contain any other exclusion contrary to this Agreement.
v. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in t.li.e role of City officials, as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 3 7 10 01, or endorsements providing the exact same coverage. vi. The general liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, only if approved by City's Risk Manager in writing, and further provided that such deductibles shall not apply to coverage of the additional insureds.

B. Automobile Liability
i. Contractor shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a fonn and with insurance companies acceptable to City.

Page 24 ends

PROFESSIONAL SERVICES AGREEMENT
Newsletter Printing Services
ii. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
111. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds.
iv. Subject to City's written approval, the automobile liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, provided that such deductibles shall not apply to coverage of the additional insureds.

C. Workers' Compensation/Employer's Liability
i. Contractor certifies that Contractor is aware of the provisions of Labor Code Section 3 700 which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she/it will comply with such provisions before commencing work under this Agreement. ii. Contractor shall maintain full compensation insurance for its employees in accordance with the Workers' Compensation and Insurance Act (Labor Code Section 3200 et seq.) and Employer's Liability Coverage in amounts indicated herein. Contractor shall require all subcontractors to obtain and maintain workers' compensation coverage of the same type and limits as specified in this section.

D. Professional Liability (Errors and Omissions)
Contractor shall maintain professional liability or errors and omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to City and with the limits required herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy coverage form specifically designed to protect against acts, errors or omissions of Contractor in the performance of professional services. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend.

E. Cyber Liability
If Cyber Liability is included in the Minimum Policy Limits Required below, then Contractor shall maintain cyber liability insurance providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of City Data (as defined below); (ii) data breach including theft, destruction, and/or unauthorized use of City Data; (iii) identity theft including bank charges assessed; and (iv) violation of privacy rights due to a breach of City Data.

Page 25 ends

PROFESSIONAL SERVICES AGREEMENT
Newsletter Printing Services
F. Minimum Policy Limits Required
i. A.M. Best's Rating
Each policy of insurance required herein shall be from a company or companies ha·;ing a current A.M. Best's rating ofno less than A:VII and admitted and authorized to transact the business of insurance in the State of California.
ii. The following insurance limits are required for this Agreement:

If 18l, then required
181Commercial General Liability
181Automobile Liability
181\Vorkers' Compensation
181Employer' s Liability
181Professional Liability
Cyber Liability
Combined Single Limit
$2,000,000 per occun-ence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage
$2,000,000 per occun-ence (any auto) for bodily injury and property damage
In the amount required by California law
$1,000,000 per occun-ence
$2,000,000 per claim and aggregate (errors and omissions) $2,000,000 per occun-ence
iii. Defense costs shall be payable in addition to the limits. iv. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the par:ies required to be named as additional insured pursuant to this Agreement.

G. Proof ofinsurance
Within five days of execution of this Agreement, but prior to commencement of the Services, Contractor shall file with City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original cop:es of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate ofinsurance (Acord Form 25-S or equivalent), together with required endorsements.

All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

H. Policy Provisions Required
i. Contractor shall provide City at least 30 days prior written notice of

Page 26 ends

PROFESSIONAL SERVICES AGREEMENT
Newsletter Printing Services
cancellation of any policy required by this Agreement, except that Contractor shall provide at le2.st IO days prior written notice of cancellation of any such policy due to non-payment of p:emium. If any of the required coverage is cancelled or expires during the term of this Agreement, Contractor shall deliver renewal certificate(s) including the required additional insured endorsement to City at least IO days prior to the effective date of cancellation or ex:Jiration.
ii. The Commercial General Liability Policy and Automobile Liability Policy shall each contain a provision stating that Contractor's policy is primary insurance and that any ir:surance, self-insurance or other coverage maintained by City or any additional insureds shall no~ be called upon to contribute to any loss.
111. The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. If a "claims-made" professional liability policy is provided, it shall include an extended reporting period of not less than three years. iv. All required insurance coverages, except for the professional and cyber liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of C:ty, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
v. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Contractor from liability in excess of su~h coverage, nor shall it limit Contractor's indemnification obligations to City or preclude City from taking such other actions available to City under other provisions of this Agreement or law.

I. Additional Insurance Provisions
i. The foregoing requirements as to the types and limits of insurance conrage to be maintained by Contractor, and any approval of such insurance by City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to this Agreement, including the provisions concerning indemnification.
ii. If at any time during the term of this Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may terminate this Agreement for cause.

Page 27 ends

PROFESSIONAL SERVICES AGREEMENT
Newsletter Printing Services
111. City may require Contractor to provide for inspection by City, complete copies of all insurance policies in effect for the duration of the Agreement. iv. No City official, officer, employee, agent or volunteer shall be personally responsible for any liability arising under or by virtue of this Agreement. v. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to Contractor; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater.

Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.

J. Subcontractor Insurance Requirements
Contractor shall not allow any subcontractor to commence work on any subcontract until it l:as provided evidence satisfactory to City that it has secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials as additional ins·Jreds, using ISO form CG 20 3 8 04 13 or an endorsement providing the same coverage. If requested by Contractor, City may approve different scopes or minimum limits of insurance for particular subcontractors.

13. Indemnification.

A. Other than in the performance of professional services, and to the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold City, its officials, officers, attorneys, agents, employees, servants, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials ( collectively "Indemnitees") free and harmless with respect to any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages, stop notices and/or injury of any kind, in law or equity, to property or persons, including bodily injury, wrongful death, personal injury and property damage, and destruction, or unauthorized access to, use, and/or theft of City Data ( collectively, "Claims") in any manner and to the extent arising out of, pertaining to, or incidental to any act, error, omission, or willful misconduct of Contractor, its owners, officials, officers, employees, servants, subcontractors, consultants or agents (and/or any entity or individual for whom Contractor shall bear legal liability) in connection with the performance of the Services including the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses actually incurred in connection with such defense. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, or by City or any of the other

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Indemnitees. Contractor shall have no liability hereunder for claims and liabilities arising out of the sole, active negligence of any of the Indemnitees.

B. Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees, from and against any and all Claims, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (and/or any entity or individual for whom Contractor shall bear legal liability) in the performance of professional services under this Agreement. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs, actually incurred in connection with such defense.

C. Contractor's obligations under this Section shall survive the expiration or termination of this Agreement.

14. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California without regard for change of venue laws. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. Contractor must comply with the claim procedures set forth in the Government Claims act (Government Code Section 810 et seq.) prior to filing any lawsuit against City.

15. Termination.

A. City may terminate any portion or all of the Services or this Agreement with or without cause by giving 10 days' written notice to Contractor. In such event, City shall be immediately given title to and possession of all Work Product ( as defined) below and original field notes, drawings and specifications, written reports and all other documents produced or developed pursuant to this Agreement. Provided Contractor is not then in breach, City shall pay Contractor for any portion of the Services satisfactorily completed prior to termination. If termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by the parties. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation resulting from such termination.

B. Contractor may terminate this Agreement only for cause and by serving written notice of termination to City, provided Contractor has first served City with a

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written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.

16. Ownership of Work Product.

A. All draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively, "Work Product") shall be considered to be "works made for hire" for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made, provided that any such use shall be at City's sole risk. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Contractor agrees that the compensation set forth in Section 2 of this Agreement includes conveyance to City of ownership of all Work Product, including intellectual property rights, as provided in this Section 16.

B. Contractor hereby assigns to City all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights, that are not otherwise vested in City pursuant to subsection A above.

C. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment or Contractor's default, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, and the other Indemnitees harmless from any and all losses, claims or liabilities in any way related to a claim that City's use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products, ideas or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Contractor's obligations tmder this Section shall survive the expiration or tennination of this Agreement.

17. Data Security.

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A. As used in this Agreement, "City Data" means any and all information and data provided or made accessible, directly or indirectly, to Contractor by City, or otherwise acquired from City, in connection with Contractor's performance of the Services. Except where subject to a third party's intellectual property rights, any and all City Data is solely owned by City. Contractor is granted a limited, non-exclusive, and revocable license to use City Data solely as necessary to perform the Services. At no time shall Contractor use City Data for its own purposes, or sell, disclose or disseminate City Data, except as required by law or to provide the Services. At all times herein, Contractor shall protect and maintain the security of City Data using methods providing not less than the level of security Contractor uses for its own confidential data, and that otherwise comply with recognized industry data security standards applicable to similar kinds of governmental data and information.

B. To the extent any City Data consists of personal information as defined in Consumer Privacy Act (Civil Code Section 1798.100 et seq.), Contractor shall comply with that statute and with Civil Code Section 1798.80, et seq., including providing the required notifications in the event of any unauthorized access of personal information stored, maintained, accessed, used or transmitted by Contractor in connection with this Agreement. Notwithstanding the foregoing, Contractor shall within 24 hours notify the City Representative by telephone and in writing of any unauthorized access of City Data. Thereafter, Contractor shall render any assistance to City and law enforcement as necessary to ascertain the nature and extent of such unauthorized access.

C. Contractor shall not store City Data using cloud-based storage without City's prior, written consent, unless the use of such storage is clearly described in the Scope of Services. Where permitted herein, any and all cloud-based storage shall be on servers and other hardware located within the continental United States, and shall be in compliance with ISO/IEC 27001 - 27018, as applicable, unless otherwise agreed to in writing by the City Representative.

18. Party Representatives.

A. Contractor hereby designates {ContractorRepName}, or such person's designee, as Contractor's Representative for this Agreement, unless and until written notice of a new representative acceptable to City is provided to City.

B. City hereby designates {CityRepName} or such person's designee, as the City Representative for this Agreement.

C. The foregoing representatives shall be authorized to provide consent where required herein, and to make other administrative decisions that will be binding on their respective party, except as otherwise specifically required herein.

19. Notices.

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Any notices, invoices, or other documents related to this Agreement shall be deemed received on: (a) the day of delivery, if delivered by hand during the receiving party's regular business hours or by e-mail before or during the receiving party's regular business hours; (b) the business day after delivery, if delivered by e-mail after the receiving party's regular business hours; or ( c) on the second business day following deposit in the United States mail, certified mail with return receipt requested and postage prepaid, to the addresses listed below, or to such other addresses as the parties may, from time to time, designate in writing.

City
City of Brea
Contractor
{ContractorFullName}
1 Civic Center Circle
Brea, CA 92821
United States
{CityPMName}
{CityPMEmail}
{CityPMPhone}

20. Third Party Rights.
{ConPMStreetAddress}
{ConPMcity}, {ConPMstate} {ConPMzip}
{ConPMCountry}
{ConPMName}
{ConPMEmail}
{ConPMPhone}
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Contractor.

21. Conflicts of Interest.

A. Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.

B. Contractor further covenants that, in the performance of this Agreement, no subcontractor or person having any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services shall be employed. Contractor has provided City with a list of all City-approved subcontractors and the key personnel for such subcontractors that are retained or to be retained by Contractor in connection with the performance of the Services, to assist City in affinning compliance with this Section.

C. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

If required, Contractor further agrees to file, or shall cause its employees or

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subcontractors to file, a Statement of Economic Interest with the City Clerk as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to terminate this Agreement without liability. No director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Severability.

The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

23. Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of the parties.

24. Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specified in writing, and any such waiver shall be limited to that set of circumstances and not to any future circumstances unless another written waiver is executed.

25. Time of Essence.

Time is of the essence in each and every provision of this Agreement.

26. City's Right to Employ Other Contractors.

City reserves its right to employ other contractors to provide the Services or similar services.

27. Exhibits.

The attached {Exhibits Attached} are incorporated herein by reference. In the event of any conflict or inconsistency between the provisions of this Agreement and any Exhibit, the provisions of this Agreement shall govern. In the event of any conflict or inconsistency between the provisions of this Scope of Services and Specifications Requirements and the Contractor's Pro_;::,osal set forth in the attached Attachment 1 to Exhibit A, the provisions of the Scope of Services and Specifications Requirements shall govern.

28. Entire Agreement.

This Agreement (including the attached Exhibits) represents the entire understanding of the _;::,arties as to the Services, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters. Each party

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aclmowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both parties. This is an integrated Agreement.
[SIGNATURES ON FOLLOWING PAGE]

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TO EXECUTE THIS AGREEMENT, the Parties have caused their authorized representatives to sign below. Digital Signatures are acceptable if they conform to all requirements of California Government Code Section 16.5.

By: flkJ000 ~ b.Jiv.
{ConSigner2Name} Melisa. Ce1sfi'llo
{ConS'.gner2Title! se,,eta ~r
{ConSignerlEmail} :;?,~p<\r .C<>--{ConS1gner2Emad} ca Sti 110 Meli> ll 7Gl.91>1ll d,, Ott) Date Signed: _SJ2-{~-+-2_b_1..,_ff Date Signed: 0 S / Z. I / Z '{ CCRPs: Chairperson, Presid t, Vice Plesident; CORPs: S~crettiry, Asst. Secretary, Chief Finance LLCs: Manager Officer, Asst. Treasurer
LLCs: Manager
[Pcrsuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] [Pursuant to California Corporations Code Section 17703.0l(d), both signature lines must be executed unless the ar:icles of incorporation state that the firm is managed by only one manager.] City of Brea Attest (if over $25,000)
By:___________ By: __________ _
{CitySignerName}
{CitySignerTitle}
{CitySignerEmail}
Date Signed: ______ _
{AttestName}
{AttestTitle}
{AttestEmail}
Date Signed: _____ _

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PROFESSIONAL SERVICES AGREEMENT
Newsletter Printing Services

EXHIBIT A
Scope of Services and Specifications Requirements
I. Introduction.

City of Brea (City) is seeking offers from qualified firms (Offeror) to provide Printing Services for the City's Newsletter Publication (Brea Line) for a one-year term.

II. Background.

The City of Brea is located approximately thirty miles southeast of Los Angeles in northeast Orange County. The city limits encompass twelve square miles and there is easy access to major transportation routes and employment centers. Brea has a residential population of nearly 47,000, but a daytime population that swells to approximately 120,000. Brea prides itself on its srr:all-town atmosphere combined with big city services, community partnerships and innovative ap;iroach to municipal government.

The City produces a high quality, attractive newsletter to communicate important information, programs and events to its 21,100 postal customers. To produce the newsletter, the City has utilized external printing companies to facilitate the production and mailing for over 3 0 years.

Currently, the City prepares a full-color InDesign art file, which is then provided to a printer to print 21,500 Brea Line newsletters. The printer is responsible for printing full-color newsletters, and then taking the newsletters to the Anaheim Post Office for mail distribution. The time from receiving the art file to in-home delivery is approximately 7-10 business days. This newsletter is iss:ied four times per year, or quarterly.

To view a recent online issue of the Brea Line, please click on this link, ~a Line Summer 2024. A PDF version of that file is also attached to the Documents section of the eProcurement.

III. Purpose of Project.

To continue producing a high quality and attractive newsletter to Brea residents.

IV. Specifications
A. Production Specifications

1. Paper: 80# gloss book

2. Ink Colors: 4-Color throughout.

3. Bindery: Saddlestitch and trim to 8½" x 11" and bundled according to U.S. Postal Service regulations.

4. Number of Pages: 28 pages and 32 pages.

5. Quantity: 21,500 per issue

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B. Production Schedule

1. Fall 2024 Issue (printing 1st & 2nd week; at Post Office by July 12)

2. Winter 2024/2025 Issue (printing 1st & 2nd week; at Post Office by October 11)

3. Spring 2025 Issue (printing 1st & 2nd week; at Post Office by January 17)

4. Summer 2025 Issue printing 1st & 2nd week; at Post Office by April 11) V. General Requirements

1. This Scope of Services establishes the minimum requirements for providing these Services.

2. CONTRACTOR shall fully and timely provide all deliverables described herein in strict accordance with the terms and conditions of this Agreement and all applicable Federal, State, and local laws, rules, and regulations.

3. CONTRACTOR shall provide all labor, materials, equipment and mobilization to complete the services for the City.

VI. Specific Requirements
I. Proof: Printer will provide digital proof within 24 hours from receiving digital files.

2. Printing Tum-around Time: Printer-ready InDesign file will be supplied to printer. Desired turn-around time is: 7 to 10 business days (printed, approved, and delivered to the post office) following receipt of the InDesign packaged files from the City of Brea.

3. Packing: Majority quantity shall be palletized and shrink-wrapped onto U.S. Postal bulk mail pallets according to specifications of USPS. Remaining quantities shall be delivered to the Brea Community Center, 695 Madison Way, Brea, CA 92821.

4. Mailing/Delivery Service: Creation of routing slips and delivery to the Anaheim Post Office; with printed quantity delivered to the Brea Community Center, 695 Madison Way, Brea, CA 92821.

End of this Exhibit

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Attachment 1 to Exhibit A

CONTRACTOR'S PROPOSAL AND FEE SCHEDULE
(attached)

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City of Brea
City Council Regular Meeting Communication
Budget Adjustments to the City Operating and Capital Improvement Program Budgets for FY 2023-25 Meeting
Tuesday, June 18, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 6E
TO
Honorable Mayor and City Council Members
FROM
Kristin Griffith, Administrative Services Director

RECOMMENDATION
Adopt the attached resolutions appropriating funds to adjust the Fiscal Year 2023-25 City Operating and Capital Improvement Program Budgets.

BACKGROUND/DISCUSSION
Budget adjustments are presented to the City Council periodically for review. These adjustments represent the appropriation of funds for items previously approved by the City Council during the fiscal year, or staff recommended adjustments for City Council consideration, as well as requested adjustments to revenue estimates.

These adjustments are separated by funding source and the accounts are identified as either revenue accounts " (REV)", expenditure accounts "(EXP)", transfers-out "(TEXP)" or transfers-in "(TREV)".

For FY 2023-25, the below information highlights the recommended budget adjustments for the City's General Fund Operating Budget with a complete list (including non-General Fund adjustments) provided in City - Exhibit A.

Included in these adjustments is updated revenue projections for sales tax revenues which represents 39 percent of the City's General Fund budget. The updated revenue projections for sales tax assumes declines in major business segments including General Retail, Transportation and Food Products based upon sales activity through the holiday quarter (December 2023). Sales tax projections also take into consideration the reduced sales tax revenue as a result of a major business moving outside of City limits. The cumulative decline in sales tax revenues is projected to be $455,916 for the current fiscal year and $1,334,616 for FY 2024-25 in comparison to what was initially adopted.

Property tax revenues including Motor Vehicle License Fees (MVLF) are recommended to be adjusted based upon recent activity provided by the City's property tax consultant, Avenu Analytics. Property tax revenues for the current fiscal year are assumed to be higher than prior year actuals, however are less than what was initially assumed for the current year by $320,280. At budget adoption, property tax was assumed to increase by 6.9 percent over prior year, but updated projections illustrate an increase of 5.2 percent over prior year. Future years including FY 2024-25 show slight increases in comparison to what was initially adopted. It is important to note that updated property tax projections do not include any increased revenue assumptions related to development activity currently underway (including Brea Mall Mixed Use Project) since project completion is not known.

Also included in these adjustments is the anticipated receipt of additional Olinda Landfill Host Fee revenue in the projected amount of $6.5 million as result of contract negotiations with the County of Orange for FY 2024-

25. The use of these one-time funds is recommended to be used for the Arovista Park Modernization Project (CIP 7978) in lieu of using General Fund revenues over expenditures from FY 2022-23 that was previously appropriated by City Council on March 19, 2024.

Other revenue adjustments are recommended for consideration including updated revenue projections related to real property tax transfer. As a result of the decline of property turnover in the City, real property tax revenue is recommended to be reduced based upon current activity for the current fiscal year and future years. This is a reduction in projected revenue of $229,200 for the current fiscal year and $180,000 for FY 2024-25. Staff is also recommending to increase contribution revenue to recognize the $1 million commitment from the Brea Mall Mixed Use Project which was authorized with Development Agreement No. 2020-01.

Adjustments proposed also take into consideration the increased CalPERS retirement rate based upon the most recent actuarial valuation for both Safety and Miscellaneous Plans for the period ending June 30, 2022.

The increase is assumed beginning in FY 2024-25 and is projected to be $1,452,154 more than what was currently budgeted. The increased CalPERS rate will incrementally increase in future years as a result of the amortization schedule of gains/losses of investment earnings for CalPERS.

Staff is also recommending to increase the transfer-out to the Paramedic Services Fund (174) to support the Paramedic Services Program including the new In-House Ambulance Services Program for FY 2024-25 in the amount of $413,169. The In-House Ambulance Services Program is anticipated to go live in January 2025.

Adjustments also include the recent Fair Labor Standards Act (FLSA) Settlement in the Fire Department which includes legal costs and employee payouts. The total settlement cost is $837,500 of which $654,395 is accounted for in the City's General Fund (110). Funding for this settlement is recommended to be fund from the City's Risk Management Fund (470) as a transfer-in to the City's General Fund (110).

Throughout the fiscal year, departments receive grant and donation funding. For this adjustment period, Fire is requesting to adjust revenues and expenditures associated with various Fire Strike Team responses including the Happy Camp Complex Fire, Six Rivers National Forest Fire and the Smith River Complex Fire.

There is no net impact to the City's General Fund (110) and reimbursement is provided through California Office of Emergency Services (Cal OES).

For proposed adjustments for non-General Fund requests, please refer to City Exhibit A for additional information.

Some non-General Fund adjustments include Police equipment and police vehicle purchases from funding sources committed to public safety including Public Safety Augmentation Fund (172), Supplemental Law Enforcement Services Fund (173) and Narcotics Enforcement Seizure Fund (231). Public Works Department has undergone various reorganization efforts within the department as a result of employee attrition. Work assignments have shifted between staff and, as such, the department is recommending to revise employee distributions to certain funds beginning in FY 2024-25. Risk Management is also recommending to adjust the Risk Management Fund (470) to account for increased California Insurance Pool Authority (CIPA) insurance coverage.

For the Capital Improvement Program Budget, staff is requesting to amend the budget for the La Habra Bikeway Project (CIP 7946) to recognize the $10,000 reimbursement received from the City of La Habra for an appraisal report. Staff also request re-appropriate $250,000 from the Community Benefit and Economic Development Fund (140) to fund the Brea Downtown Parklets Project (CIP 7328) since the initial funds were de-obligated in FY 2022- 23 based upon funding availability. There are sufficient funds available for this cost. Staff also request an additional $63,600 from the Fixed Asset Replacement Fund (182) to fund various office space reconfiguration and furniture purchases as part of the third floor remodel effort that is accounted for under the HR/Fin. Office Configuration Project (CIP 7955). There are sufficient funds available in capital and equipment reserves for this one-time cost.

In addition, a budget adjustment is being requested from the Measure M Transportation Tax Fund (260) in the amount of $25,000 to cover contingency costs incurred for the Cliffwood Traffic Signal Project (CIP 7717). Based upon funding availability in the Water Fund (420), staff is also recommending to de-obligate $6,470,000 in the current fiscal year and $2,160,000 in FY 2024-25. Staff are evaluating the prioritization of water related CIP projects and are recommending to shift some of the projects costs to Water Impact Fees Fund (541). In the Sewer Fund (430), staff is requesting a budget adjustment of $99,000 for the GIS Record Document Conversion Project (CIP 7983) that was inadvertently omitted from Resolution 2024-17. There are sufficient revenues in the Sewer Fund (430) for this request. Lastly, $20,000 is being requested from the Building Maintenance Fund (490) to fund staff time associated with the Senior Center Generator Project (CIP 7977) that was not deemed as an eligible reimbursement cost under the grant for the project. There is capital and equipment replacement reserves available under the Fixed Asset Replacement Fund (182) for this one-time cost.

The Capital Improvement Program Budget adjustments in CIP - Exhibit A consists of an increase in revenues of $10,000 and de-obligation of $5,247,400 in FY 2023-24 and $3,775,000 in FY 2024-25.

FISCAL IMPACT/SUMMARY
The Fiscal Year 2023-25 City Operating Budget adjustments for the City's General Fund (110) in City - Exhibit A, resulted in net decrease of $236,916 in revenues and transfers-in and an increase in expenditures and transfers-out of $836,537 for a net General Fund decrease in revenues over expenditures of $1,073,453 for FY 2023-24. For FY 2024-25, the City's General Fund resulted in net increase of $6,091,800 in revenues and transfers-in and an increase in expenditures and transfer-out of $2,217,498 for a net General Fund increase in revenues over expenditures of $3,874,302.

The City Operating Budget adjustments for all funds including the General Fund resulted in an increase in revenues and transfers-in of $329,364 and a decrease in expenditures and transfers-out of $3,288,506 for a net increase in revenues over expenditures of $3,617,870 for FY 2023-24. For FY 2024-25, the adjustments resulted in an increase in revenues and transfers-in of $7,706,368 and an increase in expenditures and transfers-out of $677,110 for a net increase in revenues over expenditures of $7,029,258.

The Capital Improvement Program Budget adjustments resulted in an increase in revenues of $10,000 and deobligation of $5,247,400 in FY 2023-24 and $3,775,000 in FY 2024-25.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Alicia Brenner, Budget Manager
Concurrence: Kristin Griffith, Director of Administrative Services Attachments
Resolution - City
City - Exhibit A.pdf
Resolution - CIP
CIP - Exhibit A.pdf
RESO NO. 2024-046
June 18, 2024
1 RESOLUTION NO. 2024-046

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA

AMENDING THE CITY BIENNIAL OPERATING BUDGET FOR FY
2023-25 AS AMENDED
A. RESOLUTION:

The City Council of the City of Brea does hereby find, determine and resolve that the City Operating Budget for FY 2023-25, Resolution No. 2023-040, as heretofore amended, be further amended as set forth in City – Exhibit A, attached.

APPROVED AND ADOPTED this 18th day of June, 2024.
________________________________
Christine Marick, Mayor
ATTEST:_____________________________
Lillian Harris-Neal, City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea, held on the 18th day of June, 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

DATED: _________________________
________________________________
Lillian Harris-Neal, City Clerk

City - Exhibit A
Current Amended Funding Current Amended Funding
Budget Budget Required Budget Budget Required Description GENERAL FUND (110)
3121 (REV) Sales Tax 27,102,640 $ 26,578,667 $ $ (523,973) $ 26,559,944 27,894,560 $ $ (1,334,616) Revised sales tax projections based upon Q4 2023 activity
3111 (REV) Property Taxes - Secured 14,796,033 $ 14,292,331 $ $ (503,702) $ 14,975,087 15,092,994 $ $ (117,907) 3112 (REV) Property Taxes - Unsecured 271,102 294,875 23,773 303,721 276,524 27,197 3113 (REV) Property Taxes - Prior Year 170,000 241,812 71,812 170,000 170,000 - 3114 (REV) Property Taxes - Other - 1,000 1,000 - - -
3514 (REV) Property Taxes In-Lieu of VLF 5,340,765 5,427,602 86,837 5,644,706 5,447,580 197,126 3627 (REV) Olinda Host Fees 1,960,000 $ 1,960,000 $ $ - $ 8,465,000 1,965,000 $ $ 6,500,000 Anticipated receipt of additional Olinda Host Fee revenue as a result of contract
negotiations
3126 (REV) Real Property Transfer 430,000 $ 200,800 $ $ (229,200) $ 250,000 430,000 $ $ (180,000) Real Property Transfer assumed to be lower than projected as a result of higher inflation
3749 (REV) Contributions - Other 30,000 $ 30,000 $ $ - $ 1,030,000 30,000 $ $ 1,000,000 Contribution to City of Brea from Brea Mall Mixed Use Project (Development Agreement
No. 2020-01). On March 19, 2024,
$750,000 was appropriated to Arovista Park
Modernization CIP Project (7978)
4131 (EXP) PERS Retirement 12,275,864 $ 12,275,864 $ $ - $ 14,058,704 12,606,550 $ $ 1,452,154 Projected CalPERS UAL/Normal Cost rate change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.
9174 (TEXP) Transfer-Out to Paramedic
Services Fund (174)
$ 2,041,499 2,041,499 $ $ - $ 1,737,276 1,324,107 $ $ 413,169 Increase in transfer out to support Paramedic Services costs including the new
Ambulance Services program
Administrative Services
3121 (REV) Sales Tax 26,578,667 $ 26,646,724 $ $ 68,057 $ 26,559,944 26,559,944 $ $ - 1424 (EXP) Administrative Services 282,658 350,715 68,057 286,216 286,216 - Fire Services
2221 (EXP) Fire Operations 7,178,631 $ 7,178,631 $ $ - $ 7,991,217 7,639,042 $ $ 352,175 Projected cost increase for Brea Fire Association (BFA) effective July 1, 2024
9470 (TREV) Transfer-In from Risk
Management Fund
$ 654,395 - $ $ 654,395 $ - - $ $ -
22xx (EXP) Fire Services 10,080,448 10,734,843 654,395 10,305,260 10,305,260 - 3549 (REV) State Grant - Other 375,094 $ 402,557 $ $ 27,463 $ 56,000 56,000 $ $ - 3569 (REV) Federal Grant - Other 338,683 425,305 86,622 85,641 85,641 - 2221 (EXP) Fire Operations 7,178,631 7,292,716 114,085 7,949,608 7,949,608 - Change in Fund Revenues (891,311) $ 6,091,800 $
Change in Transfers-In 654,395 -
Change in Fund Expenditures 836,537 $ 1,804,329 $
Change in Transfers-Out - 413,169
Net Change in Revenues over Expenditures (1,073,453) $ 3,874,302 $ Fiscal Year 2023-24
Projected property tax revenues based upon
estimates provided by the City's third-party
property tax consultants
City of Brea
June 18, 2024
FY 2023-25 OPERATING BUDGET

BUDGET ADJUSTMENTS
Legal costs associated to a FLSA Settlement
Expense and reimbursement for various Fire
Strike Team responses including Happy
Camp Complex Fire, Six Rivers National
Forest Fire, Smith River Complex Fire, etc.

Fiscal Year 2024-25
Sales tax expenditure and revenue increase
related to discovery and audit services
performed by the City's sales tax consultant.

Page 1 of 9 ends

City - Exhibit A
Current Amended Funding Current Amended Funding
Budget Budget Required Budget Budget Required Description Fiscal Year 2023-24 Fiscal Year 2024-25
COMMUNITY BENEFIT AND ECONOMIC DEVELOPMENT FUND (140)
9510 (TEXP) Transfer-Out to Capital
Improvement Program Fund (510)
$ 7,069,880 7,069,880 $ $ - $ 550,000 300,000 $ $ 250,000 Re-appropriation of funding for project that was de-obligated in FY 2022-23 based upon
funding availability.

Change in Fund Expenditures - $ 250,000 $
PUBLIC SAFETY AUGMENTATION FUND (172)
2141 (EXP) Special Program 165,356 $ 165,356 $ $ - $ 110,687 96,687 $ $ 14,000 Initial funding was approved as part of the FY 2023-25 budget to purchase safety
equipment for Police Services however due
to increased costs of police helmet
equipment additional funding is
recommended
Change in Fund Expenditures - $ 14,000 $
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (173)
2141 (EXP) Special Program - $ - $ $ - $ 22,000 - $ $ 22,000 Purchase and replacement of police equipment including tablets and keyboards.

Change in Fund Expenditures - 22,000
PARAMEDIC SERVICES FUND (174)
9110 (TREV) Transfer-Out to Paramedic
Services Fund (174)
$ 2,041,499 2,041,499 $ $ - $ 1,737,276 1,324,107 $ $ 413,169 Increase in transfer in to support Paramedic Services costs including the new
Ambulance Services program
2222 (EXP) Paramedic Services 6,817,196 $ 6,817,196 $ $ - $ 7,419,575 7,040,629 $ $ 378,946 Projected cost increase for Brea Fire Association (BFA) effective July 1, 2024
2222 (EXP) Paramedic Services 6,817,196 $ 6,995,873 $ $ 178,677 $ 7,419,575 7,419,575 $ $ - 9470 (TREV) Transfer-In from Risk
Management Fund
178,677 - 178,677 - - -
3116 (REV) Paramedic Tax 5,340,765 $ 5,547,270 $ $ 206,505 $ 5,733,160 5,447,580 $ $ 285,580 Projected increase in paramedic tax revenue 2222 (EXP) Paramedic Services 6,995,873 $ 6,995,873 $ $ - $ 7,625,410 7,419,575 $ $ 205,835 Projected CalPERS UAL/Normal Cost rate change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.
3xxx (REV) Ambulance Fee Revenue - $ - $ $ - $ 2,004,106 993,165 $ $ 1,010,941 3636 (REV) Special Fire Services 206,437 206,437 - - 206,437 (206,437) 3637 (REV) Ambulance Housing Fee 61,280 61,280 - - 62,505 (62,505) 2225 (EXP) Ambulance Services 1,337,075 1,337,075 - 2,055,637 1,143,165 912,472 Change in Fund Revenues 206,505 $ 1,027,579 $
Change in Transfers-In 178,677 413,169
Change in Fund Expenditures 178,677 $ 1,497,253 $
Change in Transfers-Out - -
Net Change in Revenues over Expenditures 206,505 $ (56,505) $ Beginning in July 2024, Ambulance billing
services will transition from Emergency
Ambulance Services (EAS) to the City of
Brea through a third party billing provider,
Wittman Enterprises, Inc.

As such, the City will begin receiving
Advanced Life Support (ALS) and Basic Life
Support (BLS) revenues and therefore no
longer receive pass through reimbursement
from EAS including the Ambulance Housing
fee.

Settlement costs associated to a FLSA
lawsuit

Page 2 of 9 ends

City - Exhibit A
Current Amended Funding Current Amended Funding
Budget Budget Required Budget Budget Required Description Fiscal Year 2023-24 Fiscal Year 2024-25
FIXED ASSET REPLACEMENT PROGRAM FUND (182)
9510 (TEXP) Transfer-Out to Capital
Improvement Program Fund (510)
$ 2,705,382 2,641,782 $ $ 63,600 $ 790,000 790,000 $ $ - Use of capital & equipment replacement reserves for Office space reconfiguration
improvements and furniture purchase for
various locations in the Civic Center 3rd
Floor (CIP 7955).

Change in Transfers-Out 63,600 $ - $
NARCOTICS ENFORCEMENT ASSET SEIZURE FUND (231)
3324 (REV) Narcotics Forfeitures 5,000 $ 22,525 $ $ 17,525 $ - 5,000 $ $ - Additional narcotics forfeiture revenue through March 31, 2025
2141 (EXP) Special Programs 101,000 $ 109,000 $ $ 8,000 $ 73,000 73,000 $ $ - Additional appropriation needed for a Police Support Services Staffing Study
2141 (EXP) Special Programs 109,000 $ 109,000 $ $ - $ 78,000 73,000 $ $ 5,000 Continuation of team building within the Police department.
2141 (EXP) Special Programs 109,000 $ 109,000 $ $ - $ 113,000 78,000 $ $ 35,000 Minor renovations to Police report writing room and other police areas located on P2
in the Civic & Cultural Center.
2141 (EXP) Special Programs 109,000 $ 109,000 $ $ - $ 198,000 113,000 $ $ 85,000 Purchase of two vehicles for Police Lieutenants in lieu of monthly vehicle
assignment stipend. Cost also includes the
outfitting of each vehicle (lights, sirens, etc.)
Change in Fund Revenues 17,525 $ - $
Change in Fund Expenditures 8,000 $ 125,000 $
Net Change in Revenues over Expenditures 9,525 $ (125,000) $ NATIONAL OPIOID SETTLEMENT FUND (233)
3749 (REV) Contributions - Other - $ 159,145 $ $ 159,145 $ - - $ $ - National Opioid Settlement revenue received to date
Change in Fund Revenues 159,145 $ - $
MEASURE M TRANSPORTATION TAX (260)
9510 (TEXP) Transfer-Out to Capital
Improvement Program Fund (510)
$ 1,404,633 1,379,633 $ $ 25,000 $ 300,000 1,265,000 $ $ (965,000) Additional appropriation for CIP 7717 in the amount of $25,000 to cover contingency
costs associated with contract awarded on
July 18, 2023 by City Council. Funds to be
de-obligated in FY 2024-25.
5171 (EXP) Engineering Services 35,011 $ 35,011 $ $ - $ 33,048 32,741 $ $ 307 Projected CalPERS UAL/Normal Cost rate change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.

Change in Fund Expenditures 25,000 $ (964,693) $

Page 3 of 9 ends

City - Exhibit A
Current Amended Funding Current Amended Funding
Budget Budget Required Budget Budget Required Description Fiscal Year 2023-24 Fiscal Year 2024-25
HOUSING SUCCESSOR FUND (280)
3215 (EXP) Housing 2,770,342 $ 2,770,342 $ $ - $ 323,012 318,701 $ $ 4,311 Projected CalPERS UAL/Normal Cost rate change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.

Change in Fund Expenditures - $ 4,311 $
LANDSCAPE & LIGHTING MAINTENANCE DISTRICT NO. 2 (342)
5112 (EXP) Maintenance Districts 7,876 $ 7,876 $ $ 15,752 $ 8,197 8,089 $ $ 108 Projected CalPERS UAL/Normal Cost rate
change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.

Change in Fund Expenditures 15,752 $ 108 $
LANDSCAPE & LIGHTING MAINTENANCE DISTRICT NO. 3 (343)
5112 (EXP) Maintenance Districts 124,460 $ 124,460 $ $ - $ 109,534 109,260 $ $ 274 Projected CalPERS UAL/Normal Cost rate
change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.
3114 (REV) Other Prop Taxes & Assess. 109,145 109,145 - 112,965 109,145 3,820 Increased assessment revenue by 3.5% per LLMD District representatives
Change in Fund Revenues - $ 3,820 $
Change in Fund Expenditures - $ 274 $
Net Change in Revenues over Expenditures - $ 3,546 $
LANDSCAPE & LIGHTING MAINTENANCE DISTRICT NO. 5 (345)
5112 (EXP) Maintenance Districts 134,256 134,256 - $ 136,301 135,923 $ $ 378 Projected CalPERS UAL/Normal Cost rate
change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.

Change in Fund Expenditures - $ 378 $
LANDSCAPE & LIGHTING MAINTENANCE DISTRICT NO. 6 (346)
5112 (EXP) Maintenance Districts 242,342 $ 242,342 $ $ - $ 244,953 244,594 $ $ 359 Projected CalPERS UAL/Normal Cost rate
change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.

Change in Fund Expenditures - $ 359 $
LANDSCAPE & LIGHTING MAINTENANCE DISTRICT NO. 6 (347)
5112 (EXP) Maintenance Districts 31,277 $ 31,277 $ $ - $ 32,014 31,879 $ $ 135 Projected CalPERS UAL/Normal Cost rate
change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.

Change in Fund Expenditures - $ 135 $

Page 4 of 9 ends

City - Exhibit A
Current Amended Funding Current Amended Funding
Budget Budget Required Budget Budget Required Description Fiscal Year 2023-24 Fiscal Year 2024-25
COMMUNITY FACILITIES DISTRICT NO. 2008-1 (360)
22xx (EXP) Fire Services 374,687 $ 374,687 $ $ - $ 413,484 393,525 $ $ 19,959 Projected cost increase for Brea Fire Association (BFA) effective July 1, 2024
4131 (EXP) PERS Retirement 130,492 $ 130,492 $ $ - $ 149,867 133,874 $ $ 15,993 Projected CalPERS UAL/Normal Cost rate
change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.
9470 (TREV) Transfer In from Risk
Management (470) $ - - $ $ 1,815 $ - - $ $ -
2222 (EXP) Paramedic Services 99,736 101,551 1,815 101,113 101,113 - Change in Fund Revenues - $ - $
Change in Transfers-In 1,815 -
Change in Fund Expenditures 1,815 $ 35,952 $
Change in Transfers-Out - -
Net Change in Revenues over Expenditures - $ (35,952) $ COMMUNITY FACILITIES DISTRICT NO. 2011-1 (361)
22xx (EXP) Fire Services 334,522 $ 334,522 $ $ - $ 380,015 356,649 $ $ 23,366 Projected cost increase for Brea Fire Association (BFA) effective July 1, 2024
4131 (EXP) PERS Retirement 136,381 $ 136,381 $ $ - $ 157,228 140,608 $ $ 16,620 Projected CalPERS UAL/Normal Cost rate
change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.
9470 (TREV) Transfer In from Risk
Management (470) $ - - $ $ 2,125 $ - - $ $ -
2222 (EXP) Paramedic Services 116,621 118,746 2,125 118,225 118,225 - Change in Fund Revenues - $ - $
Change in Transfers-In 2,125 -
Change in Fund Expenditures 2,125 $ 39,986 $
Change in Transfers-Out - -
Net Change in Revenues over Expenditures - $ (39,986) $ COMMUNITY FACILITIES DISTRICT NO. 2013-1 (362)
22xx (EXP) Fire Services 24,582 $ 24,582 $ $ - $ 27,405 25,944 $ $ 1,461 Projected cost increase for Brea Fire Association (BFA) effective July 1, 2024
4131 (EXP) PERS Retirement 10,028 $ 10,028 $ $ - $ 11,586 10,361 $ $ 1,225 Projected CalPERS UAL/Normal Cost rate
change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.
9470 (TREV) Transfer In from Risk
Management (470) $ - - $ $ 133 $ - - $ $ -
2222 (EXP) Paramedic Services 7,472 7,605 133 7,569 7,569 - Change in Fund Revenues - $ - $
Change in Transfers-In 133 -
Change in Fund Expenditures 133 $ 2,686 $
Change in Transfers-Out - -
Net Change in Revenues over Expenditures - $ (2,686) $
Legal costs associated to a FLSA Settlement
within the Fire Department
Legal costs associated to a FLSA Settlement
Legal costs associated to a FLSA Settlement

Page 5 of 9 ends

City - Exhibit A
Current Amended Funding Current Amended Funding
Budget Budget Required Budget Budget Required Description Fiscal Year 2023-24 Fiscal Year 2024-25
COMMUNITY FACILITIES DISTRICT NO. 2013-2 (363)
22xx (EXP) Fire Services 58,806 $ 58,806 $ $ - $ 66,457 62,562 $ $ 3,895 Projected cost increase for Brea Fire Association (BFA) effective July 1, 2024
4131 (EXP) PERS Retirement 27,214 $ 27,214 $ $ - $ 31,449 28,124 $ $ 3,325 Projected CalPERS UAL/Normal Cost rate
change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.
9470 (TREV) Transfer In from Risk
Management (470) $ - - $ $ 355 $ - - $ $ -
2222 (EXP) Paramedic Services 19,710 20,065 355 19,972 19,972 - Change in Fund Revenues - $ - $
Change in Transfers-In 355 -
Change in Fund Expenditures 355 $ 7,220 $
Change in Transfers-Out - -
Net Change in Revenues over Expenditures - $ (7,220) $
URBAN RUNOFF FUND (410)
4131 (EXP) PERS Retirement 38,930 $ 38,930 $ $ - $ 43,557 38,629 $ $ 4,928 Use of operational reserves for projected
CalPERS UAL/Normal Cost rate change for
Safety and Miscellaneous Plans based upon
recent valuation period ending June 30,
2022.
5124 (EXP) Storm Drain Maintenance 170,565 $ 170,565 $ $ - $ 177,368 172,264 $ $ 5,104 Use of operational reserves to fund
distribution change requested for Public
Works staff based upon work assignments in
FY 2024-25
Change in Fund Expenditures - $ 10,032 $
WATER UTILITY FUND (420)
9510 (TEXP) Transfer-Out to Capital
Improvement Program Fund (510)
$ 8,833,118 15,288,118 $ $ (6,455,000) $ 500,000 2,660,000 $ $ (2,160,000) De-obligate funding for various CIP projects based upon Water Fund (420) availability
4131 (EXP) PERS Retirement 405,094 $ 405,094 $ $ - $ 457,670 406,592 $ $ 51,078 Projected CalPERS UAL/Normal Cost rate
change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.

Change in Fund Expenditures (6,455,000) $ (2,108,922) $ SEWER UTILITY FUND (430)
9510 (TEXP) Transfer-Out to Capital
Improvement Program Fund (510)
$ 3,208,264 3,109,264 $ $ 99,000 $ 1,000,000 1,000,000 $ $ - Re-appropriation of funding to the GIS Record Document Conversion Project (CIP
7983) that was invertently omitted from
Resolution 2024-17 for the Arovista Park
Modernization CIP Project
4131 (EXP) PERS Retirement 161,285 $ 161,285 $ $ - $ 187,747 167,290 $ $ 20,457 Projected CalPERS UAL/Normal Cost rate
change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.
5123 (EXP) Sewers 1,854,127 $ 1,854,127 $ $ - $ 1,731,746 1,881,085 $ $ (149,339) Funding distribution change requested for
Public Works staff based upon work
assignments in FY 2024-25
Change in Fund Expenditures 99,000 $ (128,882) $
Legal costs associated to a FLSA Settlement

Page 6 of 9 ends

City - Exhibit A
Current Amended Funding Current Amended Funding
Budget Budget Required Budget Budget Required Description Fiscal Year 2023-24 Fiscal Year 2024-25
SANITATION AND STREET SWEEPING FUND (440)
4131 (EXP) PERS Retirement 70,378 $ 70,378 $ $ - $ 78,794 70,623 $ $ 8,171 Use of operating reserves for projected
CalPERS UAL/Normal Cost rate change for
Safety and Miscellaneous Plans based upon
recent valuation period ending June 30,
2022.
5122 (EXP) Sanitation 4,072,043 $ 4,072,043 $ $ - $ 4,042,279 4,050,110 $ $ (7,831) 5126 (EXP) Street Sweeping 198,667 198,667 - 210,887 201,283 9,604 Change in Fund Expenditures - $ 9,944 $
EXTERNAL IT SUPPORT FUND (460)
1474 (EXP) PERS Retirement 145,635 $ 145,635 $ $ - $ 162,750 144,746 $ $ 18,004 Projected CalPERS UAL/Normal Cost rate
change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.

Change in Fund Expenditures - $ 18,004 $
GOLF COURSE FUND (465)
5149 (EXP) Golf Course 3,547,624 $ 3,547,624 $ $ - $ 3,754,467 3,697,103 $ $ 57,364 Funding distribution change requested for
Public Works staff based upon work
assignments in FY 2024-25
5149 (EXP) Golf Course 3,547,624 $ 3,547,624 $ $ - $ 3,754,699 3,754,467 $ $ 232 Projected CalPERS UAL/Normal Cost rate
change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.

Change in Fund Expenditures - $ 57,596 $
Use of operating reserves to fund distribution
change requested for Public Works staff
based upon work assignments in FY 2024-
25

Page 7 of 9 ends

City - Exhibit A
Current Amended Funding Current Amended Funding
Budget Budget Required Budget Budget Required Description Fiscal Year 2023-24 Fiscal Year 2024-25
RISK MANAGEMENT FUND (470)
9110 (TEXP) Transfer Out to General Fund
(110)
$ 654,395 - $ $ 654,395 $ - - $ $ -
9174 (TEXP) Transfer Out to Paramedic
Services Fund (174)
178,677 - 178,677 - - -
9360 (TEXP) Transfer Out to CFD No. 2008-1
(360)
1,815 - 1,815 - - -
9361 (TEXP) Transfer Out to CFD No. 2011-1
(361)
2,125 - 2,125 - - -
9362 (TEXP) Transfer Out to CFD No. 2013-1
(362)
133 - 133 - - -
9363 (TEXP) Transfer Out to CFD No. 2013-2
(363)
355 - 355 - - -
1483 (EXP) Risk Management 3,761,596 $ 3,761,596 $ $ - $ 3,938,608 3,930,729 $ $ 7,879 Projected CalPERS UAL/Normal Cost rate
change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.
1483 (EXP) Risk Management 3,761,596 $ 3,761,596 $ $ - $ 4,206,729 3,930,729 $ $ 276,000 Preliminary increase associated with California Insurance Pool Authority (CIPA)
insurance coverage.

Change in Fund Revenues - $ - $
Change in Transfers-In - -
Change in Fund Expenditures - $ 283,879 $
Change in Transfers-Out 837,500 -
Net Change in Revenues over Expenditures (837,500) $ (283,879) $ INFORMATION TECHNOLOGY SERVICES FUND (475)
1471 (EXP) Information Technology 2,732,095 $ 2,732,095 $ - $ 2,596,788 $ 2,633,904 $ $ 37,116 Projected CalPERS UAL/Normal Cost rate change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.

Change in Fund Expenditures - $ 37,116 $
EQUIPMENT & VEHICLE MAINTENANCE FUND (480)
5161 (EXP) Equipment and Vehicle
Maintenance
$ 5,723,084 5,723,084 $ $ - $ 3,228,604 3,213,558 $ $ 15,046 Projected CalPERS UAL/Normal Cost rate change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.
5161 (EXP) Equipment and Vehicle
Maintenance
$ 5,723,084 5,723,084 $ $ - $ 3,309,987 3,228,604 $ $ 81,383 Funding distribution change requested for Public Works staff based upon work
assignments in FY 2024-25
3662 (REV) Equipment and Vehicle
Maintenance Charge
$ 2,988,646 2,988,646 $ $ - $ 3,158,646 2,988,646 $ $ 170,000 Projected vehicle maintenance and replacement costs associated with new InHouse Ambulance Program effective January 2025
5161 (EXP) Equipment and Vehicle
Maintenance
$ 5,723,084 5,723,084 $ $ - $ 3,337,987 3,309,987 $ $ 28,000 Projected fuel, repair and tire replacement for the three new ambulances
Change in Fund Revenues - $ 170,000 $
Change in Fund Expenditures - $ 124,429 $
Net Change in Revenues over Expenditures - $ 45,571 $
FLSA Settlement Cost including
legal fees

Page 8 of 9 ends

City - Exhibit A
Current Amended Funding Current Amended Funding
Budget Budget Required Budget Budget Required Description Fiscal Year 2023-24 Fiscal Year 2024-25
BUILDING MAINTENANCE FUND (490)
9510 (TEXP) Transfer-Out to Capital
Improvement Program Fund (510)
$ 470,000 450,000 $ $ 20,000 $ - - $ $ - Additional appropriation needed to cover non-reimbursable grant staff time that was
not assumed in the initial project budget for
the Senior Center Generator Project (CIP
7977)
5151 (EXP) Building Maintenance 2,761,094 $ 2,761,094 $ $ - $ 2,844,443 2,824,150 $ $ 20,293 Projected CalPERS UAL/Normal Cost rate change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.
5151 (EXP) Building Maintenance 2,761,094 $ 2,839,094 $ $ 78,000 $ 2,844,443 2,844,443 $ $ - Emergency repair work associated to Chiller Compressor ($50k) and vandalism screen
repair in Conference Room ($28k).

Change in Fund Expenditures & Transfers-Out 98,000 $ 20,293 $ TRAFFIC IMPACT FEES FUND (540)
1431 (EXP) PERS Retirement 9,358 $ 9,358 $ $ - $ 10,455 9,301 $ $ 1,154 Projected CalPERS UAL/Normal Cost rate change for Safety and Miscellaneous Plans
based upon recent valuation period ending
June 30, 2022.

Change in Fund Expenditures - $ 1,154 $
WATER IMPACT FEES FUND (541)
9510 (TEXP) Transfer-Out to Capital
Improvement Program Fund (510)
$ 1,088,871 88,871 $ $ 1,000,000 $ - 900,000 $ $ (900,000) Shifting appropriation from FY 2024-25 to FY 2023-24 based upon project timeline and
availability of funding from the Olinda Village
Waterline Project (CIP 7482) to the
Associated Road Loop Line Project (CIP
7476)
Change in Transfers-Out 1,000,000 $ (900,000) $
Total Change in Fund Revenues (508,136) $ 7,293,199 $
Total Change in Transfers-In 837,500 413,169
Total Change in Fund Expenditures 1,121,394 $ 4,038,941 $ Total Change in Transfers-Out (4,409,900) (3,361,831)
Net Change in Revenues over Expenditures 3,617,870 $ 7,029,258 $

Page 9 of 9 ends

RESO NO. 2024-047
June 18, 2024
1 RESOLUTION NO. 2024-047

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
AMENDING FISCAL YEAR 2023-25 OF THE CAPITAL IMPROVEMENT

PROGRAM BUDGET AND APPROPRIATING ADDITIONAL FUNDS
A. RESOLUTION:

The City Council of the City of Brea does hereby find, determine and resolve that Fiscal Year 2023-25 of the Capital Improvement Program Budget, Resolution No. 2023- 041, as heretofore amended, be further amended as set forth in CIP - Exhibit A, attached.

APPROVED AND ADOPTED this 18th day of June, 2024.
________________________________
Christine Marick, Mayor
ATTEST: _____________________________
Lillian Harris-Neal, City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea, held on the 18th day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

DATED: _________________________
________________________________
Lillian Harris-Neal, City Clerk
CIP - Exhibit A
Current Amended Funding Current Amended Funding
Account Budget Budget Required Budget Budget Required Description CAPITAL IMPROVEMENT PROGRAM FUND (510)
3727 (REV) Miscellaneous Revenues - $ 10,000 $ $ 10,000 $ - - $ $ - Recognize reimbursement from City of Habra for their share of the appraisal report
for the La Habra Bikeway Project (CIP 7946)
3985 (TREV) Transfer-In from Community
Benefit & Economic Development
Fund (140)
$ 7,069,880 7,069,880 $ $ - $ 550,000 300,000 $ $ 250,000 7328 (EXP) Downtown Parklets Project 252,000 252,000 - 250,000 - 250,000 3985 (TREV) Transfer-In from Fixed Asset
Replacement Fund (182)
$ 2,705,382 2,641,782 $ $ 63,600 $ 790,000 790,000 $ $ - 7955 (EXP) HR/Fin. Office Configuration
Project
337,824 274,224 63,600 - - -
3985 (TREV) Transfer-In from Road
Maintenance & Repair Tax Fund
(221)
$ 1,532,792 1,532,792 $ $ - $ 3,500,000 3,500,000 $ $ - 7327 (EXP) Central & State College Street
Improvements
216,098 216,098 - 2,950,000 4,450,000 (1,500,000)
7329 (EXP) Birch Street Improvements 244,457 244,457 - 3,700,000 2,200,000 1,500,000 3985 (TREV) Transfer-In from Measure M
Transportation Tax Fund (260)
$ 1,404,633 1,379,633 $ $ 25,000 $ 300,000 1,265,000 $ $ (965,000) 7327 (EXP) Central & State College Street
Improvements
216,098 216,098 - 1,935,000 2,950,000 (1,015,000)
7717 (EXP) Cliffwood Traffic Signal 500,802 525,802 25,000 - - - 7219 (EXP) Speed Control Humps 197,503 197,503 - 100,000 50,000 50,000 3985 (TREV) Transfer-In from Water Fund
(420)
$ 8,833,118 15,288,118 $ $ (6,455,000) $ 500,000 2,660,000 $ $ (2,160,000) 7470 (EXP) Pump Replacement at Carbon
Canyon No. 3
554,722 754,722 (200,000) - - -
7471 (EXP) Booster Station No. 2 and No. 3 1,602,754 2,754 (1,600,000) - - - 7475 (EXP) Booster Pump Enclosure and
Bathroom @ Olinda
94,026 2,994,026 (2,900,000) - - -
7483 (EXP) Generator at Berry Pump 575,000 115,000 (460,000) 50,000 50,000 - 7491 (EXP) Water Reservoir Security
Upgrades
10,000 200,000 (190,000) - - -
7492 (EXP) Valencia Reservoir Fence
Replacement
- 120,000 (120,000) - - -
7481 (EXP) Brea Corsican Villas Waterline - - - - 360,000 (360,000) 7327 (EXP) Central & State College Street
Improvements
216,098 216,098 - 435,000 1,935,000 (1,500,000)
7482 (EXP) Olinda Village Waterline 80,000 80,000 - 1,020,000 1,320,000 (300,000) 7476 (EXP) Associated Road Loop Line 3,052,909 2,052,909 (1,000,000) - - - 7965 (EXP) Rehabilitation at Ring Road and
Berry Reservoir
966,439 951,439 15,000 - - - Additional Water Fund (420) appropriation for project closeout costs
Additional appropriation for CIP 7717 in the
amount of $25,000 to cover contingency
costs associated with contract awarded on
July 18, 2023 by City Council. Additional
appropriation for CIP 7219 in the amount of
$50,000 for as-needed traffic control
measures within the City. Balance to be deobligate at the fund level Office space reconfiguration improvements
and furniture purchase for various locations
in the Civic Center 3rd Floor
De-obligate funding based upon Water Fund
(420) availability and shifting some eligible
appropriation to other funding sources
including Water Impact Fees (541)
City of Brea
June 18, 2024
FY 2023-25 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET

BUDGET ADJUSTMENTS
Fiscal Year 2023-24 Fiscal Year 2024-25
Transfer budget for additional appropriation
for CIP 7329 based upon the project timeline
and adherence with grant requirements for
the project
Re-appropriation of funding for project that
was de-obligated in FY 2022-23 based upon
funding availability.

Page 1 of 2 ends

CIP - Exhibit A
Current Amended Funding Current Amended Funding
Account Budget Budget Required Budget Budget Required Description Fiscal Year 2023-24 Fiscal Year 2024-25
3985 (TREV) Transfer-In from Water Fund
(420)
$ 8,833,118 8,833,118 $ $ - $ 500,000 500,000 $ $ -
7462 (EXP) Enterprise Water Tract
Improvements
74,498 19,498 55,000 - - -
7465 (EXP) Candlewood Water Main
Replacement
21,703 76,703 (55,000) - - -
3985 (TREV) Transfer-In from Sewer Fund
(430)
$ 3,208,264 3,109,264 $ $ 99,000 $ 1,000,000 1,000,000 $ $ - 7983 (EXP) GIS Record Document
Conversion Project
199,484 100,484 99,000 100,000 100,000 -
3985 (TREV) Transfer-In from Sewer Fund
(430)
$ 3,109,264 3,109,264 $ $ - $ 1,000,000 1,000,000 $ $ - 7626 (EXP) S. Brea Sewer Repairs 176,057 119,647 (56,410) - - - 7466 (EXP) S. Brea Main Replacement 27,106 83,516 56,410 - - - 3985 (TREV) Transfer-In from Sewer Fund
(430)
$ 3,109,264 3,109,264 $ $ - $ 1,000,000 1,000,000 $ $ - 7632 (EXP) Carbon Canyon Access Road 60,000 36,000 (24,000) 300,000 300,000 - 7633 (EXP) Brea Creek Siphon Analysis 144,804 168,804 24,000 400,000 400,000 - 3985 (TREV) Transfer-In from Building
Maintenance Fund (490)
$ 470,000 450,000 $ $ 20,000 $ - - $ $ -
7977 (EXP) Senior Center Generator 181 20,181 20,000 - - - 3985 (TREV) Transfer-In from Water Impact
Fees Fund (541)
$ 1,088,871 88,871 $ $ 1,000,000 $ - 900,000 $ $ (900,000) 7482 (EXP) Olinda Village Waterline 80,000 - (80,000) 120,000 1,020,000 (900,000) 7476 (EXP) Associated Road Loop Line 2,052,909 3,132,909 1,080,000 - - - Change in Fund Revenues 10,000 $ - $
Change in Transfers-In (5,247,400) (3,775,000)
Change in Fund Expenditures (5,247,400) (3,775,000)
Change in Transfers-Out - -
Net Change in Revenues over Expenditures 10,000 $ - $
Transfer budget for additional appropriation
for CIP 7633 for contingency costs
Transfer budget for additional appropriation
for project design for CIP 7462
Additional appropriation needed to cover nonreimbursable staff time not included in project budget or reimbursable through grant
Transfer budget for additional appropriation
for CIP 7466 to align with contract award
approved by City Council on October 19,
2021 and project acceptance on May 7,
2024
Shifting appropration from FY 2024-25 to FY
2023-24 based upon project timeline and
availability of funding
Re-appropriation of funding to the GIS
Record Document Conversion Project (CIP
7983) that was inadvertently omitted from
Resolution 2024-17 for the Arovista Park
Modernization CIP Project

Page 2 of 2 ends

City of Brea
City Council Regular Meeting Communication
Road Repair and Accountability Act - Local Streets and Roads Funding Program, Fiscal Year 2024-25 Proposed Project List
Meeting
Tuesday, June 18, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 6F
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager

RECOMMENDATION
Adopt a Resolution approving projects funded by the Road Repair and Accountability Act

BACKGROUND/DISCUSSION
On April 28, 2017, the Governor signed Senate Bill 1, which is known as the Road Repair and Accountability Act of 2017 (RRAA). The RRAA increased fuel taxes and vehicle registration fees to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local road system.

In 2017, the State Controller (Controller) began depositing this new funding into a newly created Road Maintenance and Rehabilitation Account (RMRA) (Fund 221). A percentage of this new RMRA funding has been apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code Section 2032(h). The City of Brea has been receiving annual funding pursuant to a prescribed formula in the approximate amount of $1,000,000 per year.

Additionally, RRAA emphasizes the importance of accountability and transparency in the delivery of California's transportation programs. Therefore, in order to be eligible for RMRA funding, the statute requires cities and counties to provide basic annual RMRA project reporting to the California Transportation Commission (Commission) and must adopt a "Project List" by resolution and submit it to the Commission by July 1 of each year.

Therefore, for FY 2024-25, staff proposes to use RMRA funds for CIP Project 7329 – Birch Street Improvements Associated to Valencia. CIP Project 7329 consists of grind and overlay paving improvements on Birch Street, from Associated Road to Valencia Avenue. Staff has prepared a Resolution to adopt the Project List, which complies with the RRAA Guidelines.

COMMISSION/COMMITTEE RECOMMENDATION
Due to lack of quorum, the June 11, 2024, Finance Committee meeting was canceled.

FISCAL IMPACT/SUMMARY
The RRAA Guidelines require that cities/counties adopt a project list by resolution to demonstrate how they intend to use the FY 2024-25 RMRA funds, and submit said resolution to the Commission by July 1, 2024. Staff will identify Project 7329 within the FY 2024-25 CIP and this project would be eligible for these funds. Therefore, staff recommends that the City Council consider adopting a Resolution that approves the RMRA Project List for submittal to the Commission by July 1, 2024. The RMRA funds were programmed as part of the FY 2023-24 CIP Budget adoption for FY 2024-25 for Project 7329 in the amount of $2,000,000. As of July 01, 2024, the RMRA Fund balance is $2,936,854.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Wade Whitman, Management Analyst I
Concurrence: Ryan Chapman, P.E., Acting City Engineer
Michael Ho, P.E., Public Works Director
Attachments
Attachment A - Resolution.pdf
RESO NO. 2024-048
June 18, 2024
1 RESOLUTION NO. 2024-048

RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL
YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
A. RECITALS:
(i) WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
(ii) WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
(iii) WHEREAS, the City of Brea must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and (iv) WHEREAS, the City of Brea, will receive an estimated $1,247,944 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
(v) WHEREAS, this is the eighth year in which the City of Brea is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and RESO NO. 2024-048
June 18, 2024
2 replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and (vii) WHEREAS, the City of Brea has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and
(viii) WHEREAS, the City of Brea used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and
(ix) WHEREAS, the funding from SB 1 will help the City of Brea maintain and rehabilitate approximately one and half miles of street throughout the City this year and approximately one and a half miles of similar projects into the future; and (x) WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City of Brea’s streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and
(xi) WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

RESO NO. 2024-048
June 18, 2024
3 B. RESOLUTION:

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND
FOUND by the City Council of the City of Brea, State of California, as follows:
a) The foregoing recitals are true and correct.
b) The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:
c) The following previously proposed and adopted projects may also utilize Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project Title: CIP 7329 – Birch Street Improvements Associated Road to Valencia Project Description: This project will improve the pavement on Birch Street between S. Associated Road and Valencia Avenue, pursuant to the City’s Pavement Management Plan. The improvements will include paving upgrades, the removal and reconstruction of curb, gutter, and ADA ramps within the project limits.

Project Location: Birch Street between S. Associated Road and Valencia Avenue Estimated Project Schedule: Start (07/24)– Completion (06/26) Estimated Project Useful Life: 20+ years
RESO NO. 2024-048
June 18, 2024
4 PASSED AND ADOPTED by the City Council of the City of Brea, State of California this 18th day of June, 2024, by the following vote:
________________________________
Christine Marick
Mayor
ATTEST: ________________________________
Lillian Harris-Neal
City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea held on the 18th day of June 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Dated:

Lillian Harris-Neal
City Clerk
City of Brea
City Council Regular Meeting Communication
Renewed Measure M (M2) Eligibility Submittal Package for Fiscal Year 2024-25 Meeting
Tuesday, June 18, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 6G
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager

RECOMMENDATION
Approve and authorize staff to submit to Orange County Transportation Authority (OCTA) the Measure M2 SevenYear Capital Improvement Program for Fiscal Years 2024-25 through 2029-30 to comply with Measure M2 eligibility criteria.

BACKGROUND/DISCUSSION
To maintain eligibility to receive Measure M2 sales tax revenue, the City must submit annual documentation on its transportation-related programs to OCTA. Every seven years, OCTA requires an expanded submittal of the City’s programs and projects affecting circulation and transportation to verify that these elements align with Measure M2 and countywide plans.

This year’s submittal requires the following documentation:
7-year Capital Improvement Program Budget presented in the OCTA format Eligibility Checklist
Maintenance of Effort (MOE) Documentation
Transit / Non-Motorized Transportation Letter
M2 SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP)
The City’s Measure M2 Seven-Year CIP for Fiscal Years 2023-24 through 2029-30 is a transportation planning and fiscal forecasting document used to guide future programming for transportation capital improvement projects.

The M2 Seven-Year CIP is consistent with the proposed Citywide Capital Improvement Program Budget for Fiscal Year 2024-25. The submittal of the M2 Seven-Year CIP does not commit the City to fund the identified improvements.

However, projects must be included in the M2 Seven-Year CIP to be eligible to receive Measure M2 funding. This document is updated annually for changes based on City Council priorities. The City’s Seven-Year CIP includes 85 projects with a total preliminary projected budget requirement of approximately $135 million over the seven years.

The M2 CIP document emphasizes projects that improve circulation, mitigate traffic congestion, and maintain the City’s investment in existing transportation infrastructure.

COMMISSION/COMMITTEE RECOMMENDATION
Due to lack of quorum, the June 11, 2024, Finance Committee meeting was canceled.

FISCAL IMPACT/SUMMARY
Annual submittal of Measure M2 eligibility documentation to the Orange County Transportation Authority (OCTA) is required to receive Measure M2 sales tax revenue funds. The eligibility process this year requires the submittal of the four items listed. Approval of the recommended action will satisfy this requirement. The M2 eligibility documentation has been reviewed and approved as to form and completeness by OCTA.

Fulfilling the eligibility requirements for FY 2024-25 will confirm the City’s ability to continue receiving M2 funds. In addition, the City's annual M2 local jurisdiction apportionment, more commonly referred to as "Fairshare," is anticipated to be approximately $1,477,968 for Fiscal Year 2024-25. This action has no negative impact to the General Fund.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Wade Whitman, Management Analyst
Concurrence: Ryan Chapman, P.E., Acting City Engineer
Michael Ho, P.E., Director of Public Works
Attachments
Attachment A - Eligibility Checklist.pdf
Attachment B - OCTA CIP Project Listing Report.pdf
Attachment C - MOE Certification Form.pdf
Attachment D - General Plan Transit & Active Transportation Letter.pdf

APPENDIX D
Eligibility Checklist
Capital Improvement Program (CIP) YES NO

1. Did you submit your draft or adopted M2 seven-year CIP to OCTA by June 28? ✓  a. Did you utilize the required OCTA OCFundtracker CIP database? ✓  b. Have you included projects required to demonstrate compliance with signal synchronization, pavement maintenance, the Congestion Management Program, and environmental clean-up commitments?
✓ 
c. Are there any non-transportation related projects included in your M2 CIP? (Note:

Projects funded through ECP are considered transportation-related)  ✓ d. Did you include all projects that are partially, fully, or potentially funded by M2 Net Revenues? ✓ 
e. The City Council/Board of Supervisors approval date*to adopt the final 7-Year CIP is: June 18, 2024 *Must be prior to July 31
Maintenance of Effort (MOE) YES NO

2. Did you submit the MOE certification form (Appendix I) to OCTA by June 30? ✓  a. Did you provide supporting budget documentation? ✓  b. Has the MOE Reporting form been signed by the Finance Director or appropriate designee? ✓ 
Pavement Management Plan (PMP) YES NO

3. Are you required to submit a PMP update to OCTA for this eligibility cycle? Refer to Exhibit 3 for PMP submittal schedule.  ✓
a. If yes, did you use the current PMP Submittal Template (Appendix F)?   b. If yes, is the adopted PMP consistent with the OCTA Countywide Pavement Management Plan?  

4. If you answered "no" to question 3, did you submit a PMP Update to OCTA through the previous eligibility cycle by June 30? ✓ 
Resolution of MPAH Consistency YES NO

5. Did you submit a resolution indicating conformance with the MPAH? N/A N/A a. Have you enclosed an exhibit showing roadway designations that represent your most current circulation element?

N/A N/A
Local Signal Synchronization Plan (LSSP) YES NO

6. Did you adopt and submit an update to the LSSP as part of the current cycle? N/A N/A a. Is your LSSP consistent with the Regional Traffic Signal Synchronization Master Plan? N/A N/A Jurisdiction: City of Brea

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City Council Christine Marick Blair Stewart Cecilia Hupp Marty Simonoff Steven Vargas Mayor Mayor Pro Tem Council Member Council Member Council Member Civic & Cultural Center • 1 Civic Center Circle • Brea, California 92821-5732 • 714/990-7600 • FAX 714/990-2258 • www.cityofbrea.net June 18, 2024
Ms. Charvalen Alacar, Section Manager
Orange County Transportation Authority
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Subject: City of Brea Land Use Planning Strategies that Accommodate Transit and Active Transportation
Dear Ms. Alacar,
The following excerpts from the City of Brea’s General Plan (GP) satisfy the item related to Renewed Measure M (M2) Eligibility for FY 2024-25: “to consider, as part of the Eligible Jurisdiction’s General Plan, land use strategies that accommodate transit and non-motorized transportation.” The GP contains the Circulation Element (CE) located in Chapter 2: Community Development, and is included as an attachment to this letter (in CD format). The CE covers the following transit and non-motorized transportation items in detail:
 Public Transit
 Regional Transportation Facilities
 Bicycle and Pedestrian Facilities
Additionally, the CE contains listed goals, objectives and policies to assist in meeting strategies that will accommodate transit and non-motorized items in the near future. The following summarize the goals, objectives and policies from the City’s CE:

Local Circulation System
Goal CD-11: Provide a safe and efficient circulation system that meets the needs of the community.

Policy CD-11.3: Plan neighborhood streets, pedestrian walks, and bicycle paths as a system of fully connected routes throughout the City.

Policy CD-11.11: Examine alternative methods such as traffic calming, landscaping, provision of bike/transit lanes to slow traffic, improve street capacity, and increase safety.

Policy CD-12.3: Establish the Birch Street corridor between Downtown Brea and the Civic and Cultural Center/Brea Mall as a pedestrian and bicycle-friendly travel way.

Policy CD-13.4: Require new developments to provide for the use of alternative modes of transit via internal trails or travel ways – public or private – for pedestrians and vehicles other than cars.

New developments shall include such features as well-designed sidewalks and parkways, bike lanes and paths, and dedicated bus turn-outs.

Excerpt from “Public Transportation System”:

Promoting the use of alternative transportation modes such as transit, bicycling, and walking produces a number of community benefits, including reduced traffic, reduced need for costly roadway improvement projects, improved air quality, and a healthier population…..

Public bus service is provided by OCTA…transit routes link Brea to other communities such as La Habra, Fullerton, Orange, Santa Ana, Costa Mesa, Tustin, Anaheim, Garden Grove, Irvine, and Newport Beach….

Paratransit services are provided by ACCESS, OCTA’s shared-ride service for people who are unable to use the regular, fixed-route bus service because of functional limitations caused by a disability. The City operates the Brea Shuttle Express, a curb-to-curb transportation shuttle… OCTA also oversees commuter rail planning and operations. Brea supports efforts of OCTA to extend light rail or other commuter rail services to North Orange County, provided such program maintains the quality of life in the City.

Regional Transportation Facilities
Transportation in Brea is directly related to an overall transportation network for the four-county area. Roadway facilities in Brea accommodate regional traffic resulting from congestion on State Route 57 and limited access between San Bernardino and Riverside counties to Orange and Los Angeles counties. Planning for the needs of the community necessarily includes recognition of the related transportation needs and planning efforts of the surrounding communities, County, and region. With that recognition is the need for the City to actively monitor transportation planning in the surrounding area and strongly encourage regional transportation improvements.

Policies that support this goal are detailed in the General Plan (Chapter 2-60). They include the following: working with Caltrans to improve access to and from State Route 57; supporting efforts to establish a regional network of rail travel connections; cooperating with surrounding jurisdictions to ensure the efficient operation of the arterial network system; working with Caltrans, OCTA, and surrounding jurisdictions to provide adequate capacity on regional routes; ensuring that the County Master Plan of Arterial Highways is consistent with the City’s Master Plan of Roadways; examining design solution alternatives that can improve the safety and efficiency of Carbon Canyon Road, which serves high volumes of regional traffic; and working with the Four Corners Group to explore regional solutions to the four-county area.

Bicycle and Pedestrian Facilities
Goal CD-13: Provide for an extensive, integrated, and safe bicycle, hiking, and pedestrian network throughout the community, and make Brea a pedestrian-friendly community.

Policy CD-13.1: Develop and maintain a comprehensive and integrated system of bikeways that promotes bicycling riding for commuting and recreation.

Policy CD-13.2: Provide for safe and convenient pedestrian connections to and from Downtown, other commercial districts, neighborhoods, and major activity centers within the City.

Excerpt from “Pedestrian Circulation System”:

Walkability, access, and connections are necessary components of a circulation system that easily and specifically accommodates pedestrians. Walkability includes wide sidewalks, safe street crossings, features that encourage cautious driving, and a pleasant and safe walking environment. Walkways, mid-block crossings, pathways, and pedestrian short-cuts allow people to get from one destination point to another with ease and quickly. Dedicated pedestrian paths can provide access between residential and retail areas, especially if streets are not feasible.

Pedestrian connections should be provided primarily to and from intense commercial activity centers such as Downtown Brea and transit stops. Handicapped access strategies should be incorporated into all street and pathway plans.

Residential development tracts designed inward or isolated from adjoining neighborhoods create obstacles to pedestrian movement due to walls, limited access ways, and long walking distances.

Residential tracts should have pathways to commercial centers, parks, schools, and transit stops.

Activities of daily life must be within walking distance so that people will opt to walk rather than use the automobile for short trips.

In Brea and throughout Orange County, where rain falls less than 30 days a year and temperatures are generally moderate, the climate is perfect for bicycling. People can easily cycle to work or school, provided safe routes are available. Allowing bicycles on buses or providing secure bicycle parking facilities can further encourage bicycling for longer trips. Cycling is also a major recreational activity, both on mountain tracks and along the roads. The numerous backbone and single-track trails for the advanced and beginning mountain bikers in Chino Hills Park are purely for fun and exercise. For the road cyclist, Rose Drive leads cyclists to a paved pathway in Yorba Linda that guides them to the Santa Ana River Bike Trail, a great paved bike path that follows the Santa Ana River to the Pacific Ocean.

Bikeways, like roadways, come in several forms. Brea has adopted three bikeway standards that parallel those presented in OCTA’s Bikeways Strategic Plan. Descriptions of these classifications are presented in Table CD-5 and illustrated in Figure CD-9 [see General Plan CD submitted with original M2 Eligibility package].

Should you have any further questions or concerns regarding the City of Brea’s Circulation Element and/or the City’s strategies that accommodate transit and non-motorized transportation, please contact me at (714) 990-7698 to discuss.

Sincerely,
Michael Ho, P.E.

Director of Public Works
City of Brea
City Council Regular Meeting Communication
City of Brea Master Employee Pay Schedule for Fiscal Year 2023-24 to Comply with CalPERS Regulations Meeting
Tuesday, June 18, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 6H
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager

RECOMMENDATION
Adopt a resolution establishing the updated Fiscal Year 2023-24 City of Brea Master Employee Pay Schedule confirming the pay rates/ranges for all City of Brea established positions in order to comply with CalPERS regulations.

BACKGROUND/DISCUSSION
The City Council approves all salary schedules which include classification titles and pay rates/ranges at the time a Memorandum of Understanding (MOU) for each bargaining unit is approved; when updates to the Employment and Benefit Policy for Unrepresented Employees are approved; or when specific wage and classification title adjustments are needed. The City has a long-standing practice of posting these approved salary schedules on the City website, www.cityofbrea.net, and the City’s internal website (intranet), as well as having copies available in the Human Resources Division.

In addition, the City Council approves the employment agreements for the City Manager and the Executive Compensation Plan for department directors which include salaries. The City Manager and Executives’ salaries are also listed on the City’s website. The amount of monthly compensation the City Council receives is addressed in the Brea Municipal Code, Section 2.00.130, City Council Salaries, and is set in accordance with California Government Code Section 36516b.

The California Public Employees’ Retirement System (CalPERS) requires that the City Council regularly adopt a master pay schedule listing all of the pay rates/ranges for all City of Brea established positions, including the City Council, and City Manager. The City has updated and added classifications and minimum wage law salaries in addition to approving a new MOU which have resulted in changes to the wages of certain positions.

CalPERS requires that only compensation earned as defined under Government Code Section 20636 and corresponding regulations can be reported to CalPERS and considered in calculating retirement benefits. In order to determine the amount of compensation earnable, a member’s pay rate is limited to the amount identified on a publicly available pay schedule. Per CCR Section 570.5, a pay schedule, among other things, must:

Be duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws;
Identify the position title for every employee position; Show the pay rate as a single amount or multiple amounts within a range for each identified position; Indicate the time base such as hourly, daily, bi-weekly, monthly, bi-monthly, or annually; Be posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's Internet website; Indicate an effective date and date of any revisions;
Be retained by the employer and available for public inspection for not less than five years; and Not reference another document in lieu of disclosing the pay rate.

Any time new MOU contracts are negotiated or when wage rate/range adjustments or classification title changes are approved, a staff report amending this master pay schedule is prepared for City Council consideration. The most recent MOU that was negotiated is the Brea Fire Management Association which became effective January 1, 2024.

In an effort to comply with CalPERS regulations, staff recommends that the City adopt the attached resolution establishing a City of Brea Master Employee Pay Schedule confirming the pay rates/ranges for all City of Brea established positions effective June 1, 2024.

FISCAL IMPACT/SUMMARY
The City Council of the Brea is required by CalPERS to adopt a resolution establishing an updated City of Brea Master Employee Pay Schedule confirming the pay rates/ranges for all City of Brea established positions for Fiscal Year 2023-24.

There is no fiscal impact associated with the adoption of the City of Brea Master Employee Pay Schedule.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Candice Fisher, Sr. Human Resources Analyst Concurred by: Kristin Griffith, Administrative Services Director Attachments
Resolution No. 2024-049 - CALPERS Master Employee Salary Schedule 23-24.pdf City of Brea Master Salary Table Effective 6-1-2024.pdf RESO NO. 2024-049
June 18, 2024
1 RESOLUTION NO. 2024-049

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA

ESTABLISHING AND APPROVING A CITY OF BREA MASTER

EMPLOYEE PAY SCHEDULE CONFIRMING THE PAY

RATES/RANGES FOR ALL CITY OF BREA ESTABLISHED
POSITIONS.

A. RECITALS:
(i) Pursuant to the Brea City Code the City Council shall approve the salary pay rates and ranges for each classified position and may update from time to time as deemed necessary.
(ii) The California Public Employees’ Retirement Law, Section 570.5 of the California Code of Regulations Title 2, requires the City of Brea to publish Pay Rates and Ranges on the City’s Internet site and the City Council to approve the Pay Rates and Ranges in its entirety each time a modification is made. (iii) City staff recommends that the City of Brea update the City of Brea Master Employee Pay Schedule confirming the pay rates/ranges for all City of Brea established positions.
(iv)The City Council deems it to be in the best interest of the City to adopt such Recommendation.

B. RESOLUTION
NOW, THEREFORE, the City Council of the City of Brea resolves, finds and determines, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows:

RESO NO. 2024-049
June 18, 2024
2 1. The City Council shall approve establishing a City of Brea Master Employee Pay Schedule confirming the pay rates/ranges for all City of Brea established positions for Fiscal Year 2023-2024 effective June 1, 2024.

APPROVED AND ADOPTED this 18th day of June, 2024.
________________________________
Christine Marick, Mayor
ATTEST: ________________________________
Lillian Harris-Neal, City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea, held on the 18th day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated: ______________________________

______________________________
Lillian Harris-Neal, City Clerk

CITY OF BREA SALARY TABLE
Section 1: Regular Full-Time Classifications
Section 2: Part-Time/Temporary Classifications
Section 3: Council Members and Elected Officials
Current Revision: Effective 6/1/2024
SECTION 1
Job
Code Job Title Unit
Effective
Date
Approx
Monthly
Min. /
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Approx
Monthly
Max. /
Step 11
A31 ACCOUNTANT II APEA 07/08/2023 $6,491.33 $6,653.61 $6,819.95 $6,990.45 $7,165.21 $7,344.34 $7,527.95 $7,716.15 $7,909.05 $8,106.78 $8,309.45 A38 ASSISTANT CITY ENG APEA 07/08/2023 $10,588.84 $10,853.56 $11,124.90 $11,403.02 $11,688.10 $11,980.30 $12,279.81 $12,586.81 $12,901.48 $13,224.02 $13,554.62 A02 ASSOCIATE ENGINEER APEA 07/08/2023 $8,185.60 $8,390.24 $8,600.00 $8,815.00 $9,035.38 $9,261.26 $9,492.79 $9,730.11 $9,973.36 $10,222.69 $10,478.26 A04 ASSOCIATE PLANNER APEA 07/08/2023 $7,079.16 $7,256.14 $7,437.54 $7,623.48 $7,814.07 $8,009.42 $8,209.66 $8,414.90 $8,625.27 $8,840.90 $9,061.92 A25 ASST TO THE CITY MGR APEA 07/08/2023 $8,722.13 $8,940.18 $9,163.68 $9,392.77 $9,627.59 $9,868.28 $10,114.99 $10,367.86 $10,627.06 $10,892.74 $11,165.06 A58 BLDG & FAC ADMIN APEA 07/08/2023 $7,628.87 $7,819.59 $8,015.08 $8,215.46 $8,420.85 $8,631.37 $8,847.15 $9,068.33 $9,295.04 $9,527.42 $9,765.61 A64 BUILDING OFFICIAL APEA 07/08/2023 $9,525.11 $9,763.24 $10,007.32 $10,257.50 $10,513.94 $10,776.79 $11,046.21 $11,322.37 $11,605.43 $11,895.57 $12,192.96 A23 BUYER II APEA 07/08/2023 $5,756.76 $5,900.68 $6,048.20 $6,199.41 $6,354.40 $6,513.26 $6,676.09 $6,842.99 $7,014.06 $7,189.41 $7,369.15 A18 COMM & MKTNG ANALYST APEA 07/08/2023 $7,584.84 $7,774.46 $7,968.82 $8,168.04 $8,372.24 $8,581.55 $8,796.09 $9,015.99 $9,241.39 $9,472.42 $9,709.23 A08 COMM SV SPECIALIST I APEA 07/08/2023 $4,919.74 $5,042.73 $5,168.80 $5,298.02 $5,430.47 $5,566.23 $5,705.39 $5,848.02 $5,994.22 $6,144.08 $6,297.68 A07 COMM SV SPECIALST II APEA 07/08/2023 $5,554.87 $5,693.74 $5,836.08 $5,981.98 $6,131.53 $6,284.82 $6,441.94 $6,602.99 $6,768.06 $6,937.26 $7,110.69 A06 COMM SVS SUPERVISOR APEA 07/08/2023 $7,380.20 $7,564.71 $7,753.83 $7,947.68 $8,146.37 $8,350.03 $8,558.78 $8,772.75 $8,992.07 $9,216.87 $9,447.29 A11 DEPUTY CITY CLERK/REC SUP APEA 07/08/2023 $6,797.48 $6,967.42 $7,141.61 $7,320.15 $7,503.15 $7,690.73 $7,883.00 $8,080.08 $8,282.08 $8,489.13 $8,701.36 A63 DEPUTY FIRE MARSHAL APEA 07/08/2023 $7,453.56 $7,639.90 $7,830.90 $8,026.67 $8,227.34 $8,433.02 $8,643.85 $8,859.95 $9,081.45 $9,308.49 $9,541.20 A21 ECON DEV ANALYST II APEA 07/08/2023 $6,763.88 $6,932.98 $7,106.30 $7,283.96 $7,466.06 $7,652.71 $7,844.03 $8,040.13 $8,241.13 $8,447.16 $8,658.34 A19 EMERGENCY PREP COORD APEA 07/08/2023 $7,583.88 $7,773.48 $7,967.82 $8,167.02 $8,371.20 $8,580.48 $8,794.99 $9,014.86 $9,240.23 $9,471.24 $9,708.02 A20 ENVIRON SERVS COOR APEA 07/08/2023 $8,192.86 $8,397.68 $8,607.62 $8,822.81 $9,043.38 $9,269.46 $9,501.20 $9,738.73 $9,982.20 $10,231.76 $10,487.55 A12 EXECUTIVE ASSISTANT APEA 07/08/2023 $5,371.21 $5,505.49 $5,643.13 $5,784.21 $5,928.82 $6,077.04 $6,228.97 $6,384.69 $6,544.31 $6,707.92 $6,875.62 A50 FIRE PROTECT ANALYST APEA 07/08/2023 $6,775.97 $6,945.37 $7,119.00 $7,296.98 $7,479.40 $7,666.39 $7,858.05 $8,054.50 $8,255.86 $8,462.26 $8,673.82 A46 FISCAL SPECIALIST APEA 07/08/2023 $5,950.38 $6,099.14 $6,251.62 $6,407.91 $6,568.11 $6,732.31 $6,900.62 $7,073.14 $7,249.97 $7,431.22 $7,617.00 A14 FLEET SUPERVISOR APEA 07/08/2023 $7,236.56 $7,417.47 $7,602.91 $7,792.98 $7,987.80 $8,187.50 $8,392.19 $8,601.99 $8,817.04 $9,037.47 $9,263.41 A44 GIS ANALYST APEA 07/08/2023 $7,383.82 $7,568.42 $7,757.63 $7,951.57 $8,150.36 $8,354.12 $8,562.97 $8,777.04 $8,996.47 $9,221.38 $9,451.91 A54 HR ANALYST I APEA 07/08/2023 $7,226.13 $7,406.78 $7,591.95 $7,781.75 $7,976.29 $8,175.70 $8,380.09 $8,589.59 $8,804.33 $9,024.44 $9,250.05 A27 HR ANALYST II APEA 07/08/2023 $7,944.91 $8,143.53 $8,347.12 $8,555.80 $8,769.70 $8,988.94 $9,213.66 $9,444.00 $9,680.10 $9,922.10 $10,170.15 A28 HR TECHNICIAN APEA 07/08/2023 $5,783.70 $5,928.29 $6,076.50 $6,228.41 $6,384.12 $6,543.72 $6,707.31 $6,874.99 $7,046.86 $7,223.03 $7,403.61 A24 INFO TECH SUPERVISOR APEA 01/20/2024 $8,896.25 $9,118.66 $9,346.62 $9,580.29 $9,819.80 $10,065.29 $10,316.92 $10,574.85 $10,839.22 $11,110.20 $11,387.95 A35 IT ENTRPRS ACT ADMIN APEA 07/08/2023 $8,787.45 $9,007.14 $9,232.32 $9,463.13 $9,699.71 $9,942.20 $10,190.76 $10,445.53 $10,706.67 $10,974.34 $11,248.70 A40 IT SPECIALIST I APEA 07/08/2023 $6,674.70 $6,841.57 $7,012.61 $7,187.93 $7,367.63 $7,551.82 $7,740.62 $7,934.14 $8,132.49 $8,335.80 $8,544.20 A41 IT SPECIALIST II APEA 07/08/2023 $7,278.81 $7,460.78 $7,647.30 $7,838.48 $8,034.44 $8,235.30 $8,441.18 $8,652.21 $8,868.52 $9,090.23 $9,317.49 A15 MAINT SERVICES SUPERVSR APEA 07/08/2023 $6,874.75 $7,046.62 $7,222.79 $7,403.36 $7,588.44 $7,778.15 $7,972.60 $8,171.92 $8,376.22 $8,585.63 $8,800.27 A34 MANAGEMENT ANALYST I APEA 07/08/2023 $6,125.54 $6,278.68 $6,435.65 $6,596.54 $6,761.45 $6,930.49 $7,103.75 $7,281.34 $7,463.37 $7,649.95 $7,841.20 A17 MANAGEMENT ANALYST II APEA 07/08/2023 $6,892.87 $7,065.19 $7,241.82 $7,422.87 $7,608.44 $7,798.65 $7,993.62 $8,193.46 $8,398.30 $8,608.26 $8,823.47 A26 MEDIA SVS SPEC II APEA 07/08/2023 $5,651.94 $5,793.24 $5,938.07 $6,086.52 $6,238.68 $6,394.65 $6,554.52 $6,718.38 $6,886.34 $7,058.50 $7,234.96 A29 PLAN CHECKER APEA 07/08/2023 $7,578.68 $7,768.15 $7,962.35 $8,161.41 $8,365.45 $8,574.59 $8,788.95 $9,008.67 $9,233.89 $9,464.74 $9,701.36 A30 POLICE REC & P&E SPVR APEA 01/20/2024 $7,928.46 $8,126.67 $8,329.84 $8,538.08 $8,751.54 $8,970.32 $9,194.58 $9,424.45 $9,660.06 $9,901.56 $10,149.10 A49 POLICE TRAIN COORDIN APEA 07/08/2023 $5,370.02 $5,504.27 $5,641.88 $5,782.93 $5,927.50 $6,075.69 $6,227.58 $6,383.27 $6,542.85 $6,706.42 $6,874.08

CITY OF BREA

SALARY TABLE - REGULAR FULL-TIME CLASSIFICATIONS
Job
Code Job Title Unit
Effective
Date
Approx
Monthly
Min. /
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Approx
Monthly
Max. /
Step 11

CITY OF BREA

SALARY TABLE - REGULAR FULL-TIME CLASSIFICATIONS
A39 PRINCIPAL CIVIL ENG APEA 07/08/2023 $9,850.07 $10,096.32 $10,348.73 $10,607.45 $10,872.64 $11,144.46 $11,423.07 $11,708.65 $12,001.37 $12,301.40 $12,608.94 A61 PROCURE & CONTR ADMIN APEA 07/08/2023 $6,908.32 $7,081.03 $7,258.06 $7,439.51 $7,625.50 $7,816.14 $8,011.54 $8,211.83 $8,417.13 $8,627.56 $8,843.25 A52 RADIO FREQUENCY SP APEA 07/08/2023 $8,004.33 $8,204.44 $8,409.55 $8,619.79 $8,835.28 $9,056.16 $9,282.56 $9,514.62 $9,752.49 $9,996.30 $10,246.21 A47 REDEV PROJECT MGR APEA 07/08/2023 $7,616.51 $7,806.92 $8,002.09 $8,202.14 $8,407.19 $8,617.37 $8,832.80 $9,053.62 $9,279.96 $9,511.96 $9,749.76 A48 SOFTWARE DEVELOPER I APEA 07/08/2023 $6,617.58 $6,783.02 $6,952.60 $7,126.42 $7,304.58 $7,487.19 $7,674.37 $7,866.23 $8,062.89 $8,264.46 $8,471.07 A42 SOFTWAREDEVELOPER II APEA 07/08/2023 $7,278.81 $7,460.78 $7,647.30 $7,838.48 $8,034.44 $8,235.30 $8,441.18 $8,652.21 $8,868.52 $9,090.23 $9,317.49 A53 SR. ACCOUNTANT APEA 07/08/2023 $7,171.28 $7,350.56 $7,534.32 $7,722.68 $7,915.75 $8,113.64 $8,316.48 $8,524.39 $8,737.50 $8,955.94 $9,179.84 A59 SR. BLDG INSPECTOR APEA 07/08/2023 $7,055.64 $7,232.03 $7,412.83 $7,598.15 $7,788.10 $7,982.80 $8,182.37 $8,386.93 $8,596.60 $8,811.52 $9,031.81 A05 SR. COMM SVS SPRVSR APEA 07/08/2023 $8,485.38 $8,697.51 $8,914.95 $9,137.82 $9,366.27 $9,600.43 $9,840.44 $10,086.45 $10,338.61 $10,597.08 $10,862.01 A09 SR. EX ASST/CITY MGR APEA 07/08/2023 $6,969.92 $7,144.17 $7,322.77 $7,505.84 $7,693.49 $7,885.83 $8,082.98 $8,285.05 $8,492.18 $8,704.48 $8,922.09 A62 SR. FISCAL ANALYST APEA 07/08/2023 $8,342.26 $8,550.82 $8,764.59 $8,983.70 $9,208.29 $9,438.50 $9,674.46 $9,916.32 $10,164.23 $10,418.34 $10,678.80 A45 SR. GIS ANALYST APEA 07/08/2023 $8,122.75 $8,325.82 $8,533.97 $8,747.32 $8,966.00 $9,190.15 $9,419.90 $9,655.40 $9,896.79 $10,144.21 $10,397.82 A43 SR. HR ANALYST APEA 07/08/2023 $8,739.73 $8,958.22 $9,182.18 $9,411.73 $9,647.02 $9,888.20 $10,135.41 $10,388.80 $10,648.52 $10,914.73 $11,187.60 A51 SR. IT SPECIALIST APEA 07/08/2023 $7,643.44 $7,834.53 $8,030.39 $8,231.15 $8,436.93 $8,647.85 $8,864.05 $9,085.65 $9,312.79 $9,545.61 $9,784.25 A37 SR. MEDIA SVS SPEC-AV APEA 07/08/2023 $7,052.37 $7,228.68 $7,409.40 $7,594.64 $7,784.51 $7,979.12 $8,178.60 $8,383.07 $8,592.65 $8,807.47 $9,027.66 A16 SR. MGMNT ANALYST APEA 07/08/2023 $7,583.88 $7,773.48 $7,967.82 $8,167.02 $8,371.20 $8,580.48 $8,794.99 $9,014.86 $9,240.23 $9,471.24 $9,708.02 A03 SR. PLANNER APEA 07/08/2023 $8,461.46 $8,673.00 $8,889.83 $9,112.08 $9,339.88 $9,573.38 $9,812.71 $10,058.03 $10,309.48 $10,567.22 $10,831.40 A36 WATER DIST SUPERVISOR APEA 07/08/2023 $7,531.60 $7,719.89 $7,912.89 $8,110.71 $8,313.48 $8,521.32 $8,734.35 $8,952.71 $9,176.53 $9,405.94 $9,641.09 B49 ACCOUNTANT I BCEA 07/08/2023 $6,224.72 $6,380.34 $6,539.85 $6,703.35 $6,870.93 $7,042.70 $7,218.77 $7,399.24 $7,584.22 $7,773.83 $7,968.18 B03 ACCOUNTING TECH I BCEA 07/08/2023 $4,167.06 $4,271.24 $4,378.02 $4,487.47 $4,599.66 $4,714.65 $4,832.52 $4,953.33 $5,077.16 $5,204.09 $5,334.19 B02 ACCOUNTING TECH II BCEA 07/08/2023 $4,583.97 $4,698.57 $4,816.03 $4,936.43 $5,059.84 $5,186.34 $5,316.00 $5,448.90 $5,585.12 $5,724.75 $5,867.87 B07 ADMIN CLERK I BCEA 07/08/2023 $3,570.82 $3,660.09 $3,751.59 $3,845.38 $3,941.51 $4,040.05 $4,141.05 $4,244.58 $4,350.69 $4,459.46 $4,570.95 B06 ADMIN CLERK II BCEA 07/08/2023 $3,926.40 $4,024.56 $4,125.17 $4,228.30 $4,334.01 $4,442.36 $4,553.42 $4,667.26 $4,783.94 $4,903.54 $5,026.13 B05 ADMINISTRATIVE ASSISTANT BCEA 07/08/2023 $4,341.36 $4,449.89 $4,561.14 $4,675.17 $4,792.05 $4,911.85 $5,034.65 $5,160.52 $5,289.53 $5,421.77 $5,557.31 B46 ASSISTANT ENGINEER BCEA 07/08/2023 $6,926.64 $7,099.81 $7,277.31 $7,459.24 $7,645.72 $7,836.86 $8,032.78 $8,233.60 $8,439.44 $8,650.43 $8,866.69 B10 ASSISTANT PLANNER BCEA 07/08/2023 $6,165.16 $6,319.29 $6,477.27 $6,639.20 $6,805.18 $6,975.31 $7,149.69 $7,328.43 $7,511.64 $7,699.43 $7,891.92 B28 ASST TO THE CITY CLERK BCEA 07/08/2023 $4,493.24 $4,605.57 $4,720.71 $4,838.73 $4,959.70 $5,083.69 $5,210.78 $5,341.05 $5,474.58 $5,611.44 $5,751.73 B11 JR PLANS CHECKER BCEA 07/08/2023 $6,180.03 $6,334.53 $6,492.89 $6,655.21 $6,821.59 $6,992.13 $7,166.93 $7,346.10 $7,529.75 $7,717.99 $7,910.94 B04 BUILDING MAINT TECH BCEA 07/08/2023 $5,102.20 $5,229.76 $5,360.50 $5,494.51 $5,631.87 $5,772.67 $5,916.99 $6,064.91 $6,216.53 $6,371.94 $6,531.24 B37 BUSINESS OUTREACH SP BCEA 07/08/2023 $4,950.42 $5,074.18 $5,201.03 $5,331.06 $5,464.34 $5,600.95 $5,740.97 $5,884.49 $6,031.60 $6,182.39 $6,336.95 B69 BUYER I BCEA 07/08/2023 $5,225.64 $5,356.28 $5,490.19 $5,627.44 $5,768.13 $5,912.33 $6,060.14 $6,211.64 $6,366.93 $6,526.10 $6,689.25 B66 CITY CLERK SPECIALIST BCEA 07/08/2023 $3,926.40 $4,024.56 $4,125.17 $4,228.30 $4,334.01 $4,442.36 $4,553.42 $4,667.26 $4,783.94 $4,903.54 $5,026.13 B24 CODE ENFORCE OFFICER BCEA 07/08/2023 $6,180.03 $6,334.53 $6,492.89 $6,655.21 $6,821.59 $6,992.13 $7,166.93 $7,346.10 $7,529.75 $7,717.99 $7,910.94 B60 COMM. DEV SPEC. BCEA 07/08/2023 $4,559.18 $4,673.16 $4,789.99 $4,909.74 $5,032.48 $5,158.29 $5,287.25 $5,419.43 $5,554.92 $5,693.79 $5,836.13 B27 DUPLICATING TECH I BCEA 07/08/2023 $3,781.14 $3,875.67 $3,972.56 $4,071.87 $4,173.67 $4,278.01 $4,384.96 $4,494.58 $4,606.94 $4,722.11 $4,840.16 B26 DUPLICATING TECH II BCEA 07/08/2023 $4,724.21 $4,842.32 $4,963.38 $5,087.46 $5,214.65 $5,345.02 $5,478.65 $5,615.62 $5,756.01 $5,899.91 $6,047.41 B56 ECON DEV ANALYST I BCEA 07/08/2023 $6,099.43 $6,251.92 $6,408.22 $6,568.43 $6,732.64 $6,900.96 $7,073.48 $7,250.32 $7,431.58 $7,617.37 $7,807.80 Job
Code Job Title Unit
Effective
Date
Approx
Monthly
Min. /
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Approx
Monthly
Max. /
Step 11

CITY OF BREA

SALARY TABLE - REGULAR FULL-TIME CLASSIFICATIONS
B31 ENGINEERING TECH I BCEA 07/08/2023 $4,712.98 $4,830.80 $4,951.57 $5,075.36 $5,202.24 $5,332.30 $5,465.61 $5,602.25 $5,742.31 $5,885.87 $6,033.02 B30 ENGINEERING TECH II BCEA 07/08/2023 $5,657.32 $5,798.75 $5,943.72 $6,092.31 $6,244.62 $6,400.74 $6,560.76 $6,724.78 $6,892.90 $7,065.22 $7,241.85 B09 ENVIR SERVS INSPECT BCEA 07/08/2023 $6,227.75 $6,383.44 $6,543.03 $6,706.61 $6,874.28 $7,046.14 $7,222.29 $7,402.85 $7,587.92 $7,777.62 $7,972.06 B34 FIRE PREV SPEC I BCEA 07/08/2023 $5,816.32 $5,961.73 $6,110.77 $6,263.54 $6,420.13 $6,580.63 $6,745.15 $6,913.78 $7,086.62 $7,263.79 $7,445.38 B33 FIRE PREV SPEC II BCEA 07/08/2023 $6,612.64 $6,777.96 $6,947.41 $7,121.10 $7,299.13 $7,481.61 $7,668.65 $7,860.37 $8,056.88 $8,258.30 $8,464.76 B36 HEAVY EQUIP MECH I BCEA 07/08/2023 $4,748.96 $4,867.68 $4,989.37 $5,114.10 $5,241.95 $5,373.00 $5,507.33 $5,645.01 $5,786.14 $5,930.79 $6,079.06 B35 HEAVY EQUIP MECH II BCEA 07/08/2023 $5,224.70 $5,355.32 $5,489.20 $5,626.43 $5,767.09 $5,911.27 $6,059.05 $6,210.53 $6,365.79 $6,524.93 $6,688.05 B59 HELP DESK TECH BCEA 07/08/2023 $5,096.73 $5,224.15 $5,354.75 $5,488.62 $5,625.84 $5,766.49 $5,910.65 $6,058.42 $6,209.88 $6,365.13 $6,524.26 B08 HSG REHAB SPECIALIST BCEA 07/08/2023 $6,028.77 $6,179.49 $6,333.98 $6,492.33 $6,654.64 $6,821.01 $6,991.54 $7,166.33 $7,345.49 $7,529.13 $7,717.36 B15 LS MAINT CTRCT ADMIN BCEA 07/08/2023 $5,625.86 $5,766.51 $5,910.67 $6,058.44 $6,209.90 $6,365.15 $6,524.28 $6,687.39 $6,854.57 $7,025.93 $7,201.58 B20 MAINT SVC CREW LDR BCEA 07/08/2023 $5,356.98 $5,490.90 $5,628.17 $5,768.87 $5,913.09 $6,060.92 $6,212.44 $6,367.75 $6,526.94 $6,690.11 $6,857.36 B23 MAINT SVC WORKER I BCEA 07/08/2023 $4,295.02 $4,402.40 $4,512.46 $4,625.27 $4,740.90 $4,859.42 $4,980.91 $5,105.43 $5,233.07 $5,363.90 $5,498.00 B22 MAINT SVC WORKER II BCEA 07/08/2023 $4,509.97 $4,622.72 $4,738.29 $4,856.75 $4,978.17 $5,102.62 $5,230.19 $5,360.94 $5,494.96 $5,632.33 $5,773.14 B43 MEDIA SVC SPEC I BCEA 07/08/2023 $5,151.37 $5,280.15 $5,412.15 $5,547.45 $5,686.14 $5,828.29 $5,974.00 $6,123.35 $6,276.43 $6,433.34 $6,594.17 B62 PERMIT TECHNICIAN BCEA 07/08/2023 $4,496.83 $4,609.25 $4,724.48 $4,842.59 $4,963.65 $5,087.74 $5,214.93 $5,345.30 $5,478.93 $5,615.90 $5,756.30 B64 PLANNING TECHNICIAN BCEA 07/08/2023 $4,759.91 $4,878.91 $5,000.88 $5,125.90 $5,254.05 $5,385.40 $5,520.04 $5,658.04 $5,799.49 $5,944.48 $6,093.09 B65 POLICE COMM. OUTRCH COOR. BCEA 07/08/2023 $5,280.16 $5,412.16 $5,547.46 $5,686.15 $5,828.30 $5,974.01 $6,123.36 $6,276.44 $6,433.35 $6,594.18 $6,759.03 B19 POLICE RECORDS CLERK BCEA 07/08/2023 $4,278.60 $4,385.57 $4,495.21 $4,607.59 $4,722.78 $4,840.85 $4,961.87 $5,085.92 $5,213.07 $5,343.40 $5,476.99 B18 POLICE RECORDS TECH BCEA 07/08/2023 $4,493.24 $4,605.57 $4,720.71 $4,838.73 $4,959.70 $5,083.69 $5,210.78 $5,341.05 $5,474.58 $5,611.44 $5,751.73 B13 COMBO INSPECTOR I BCEA 01/20/2024 $5,245.39 $5,376.52 $5,510.93 $5,648.70 $5,789.92 $5,934.67 $6,083.04 $6,235.12 $6,391.00 $6,550.78 $6,714.55 B12 COMBO INSPECTOR II BCEA 01/20/2024 $6,180.03 $6,334.53 $6,492.89 $6,655.21 $6,821.59 $6,992.13 $7,166.93 $7,346.10 $7,529.75 $7,717.99 $7,910.94 B58 REPROGRAPHICS SPEC. BCEA 07/08/2023 $5,657.32 $5,798.75 $5,943.72 $6,092.31 $6,244.62 $6,400.74 $6,560.76 $6,724.78 $6,892.90 $7,065.22 $7,241.85 B67 SR. CITY CLERK SPEC. BCEA 07/08/2023 $4,493.24 $4,605.57 $4,720.71 $4,838.73 $4,959.70 $5,083.69 $5,210.78 $5,341.05 $5,474.58 $5,611.44 $5,751.73 B41 SR. FIRE PREV SPEC BCEA 07/08/2023 $7,273.91 $7,455.76 $7,642.15 $7,833.20 $8,029.03 $8,229.76 $8,435.50 $8,646.39 $8,862.55 $9,084.11 $9,311.21 B17 SR. POL REC'DS TECH BCEA 07/08/2023 $4,940.94 $5,064.46 $5,191.07 $5,320.85 $5,453.87 $5,590.22 $5,729.98 $5,873.23 $6,020.06 $6,170.56 $6,324.82 B45 ST SWEEPER OPERATOR BCEA 07/08/2023 $4,837.54 $4,958.48 $5,082.44 $5,209.50 $5,339.74 $5,473.23 $5,610.06 $5,750.31 $5,894.07 $6,041.42 $6,192.46 B52 WATER DIST CREW LDR BCEA 07/08/2023 $6,238.57 $6,394.53 $6,554.39 $6,718.25 $6,886.21 $7,058.37 $7,234.83 $7,415.70 $7,601.09 $7,791.12 $7,985.90 B54 WATER DIST OPER I BCEA 07/08/2023 $4,716.39 $4,834.30 $4,955.16 $5,079.04 $5,206.02 $5,336.17 $5,469.57 $5,606.31 $5,746.47 $5,890.13 $6,037.38 B53 WATER DIST OPER II BCEA 07/08/2023 $5,031.09 $5,156.87 $5,285.79 $5,417.93 $5,553.38 $5,692.21 $5,834.52 $5,980.38 $6,129.89 $6,283.14 $6,440.22 F01 FIREFIGHTER FIRE 01/06/2024 $6,542.79 $6,706.13 $6,874.50 $7,047.05 $7,222.96 $7,403.05 $7,588.17 $7,778.31 $7,972.64 $8,172.00 $8,376.38 F05 FIRE ENGINEER FIRE 01/06/2024 $7,351.35 $7,534.87 $7,724.04 $7,917.92 $8,115.56 $8,317.91 $8,525.90 $8,739.55 $8,957.89 $9,181.89 $9,411.53 F20 FIRE CAPTAIN FIRE 01/06/2024 $8,631.09 $8,846.56 $9,068.67 $9,296.30 $9,528.34 $9,765.92 $10,010.12 $10,260.95 $10,517.31 $10,780.30 $11,049.92 FM1 FIRE BATTALION CHIEF FIRE MGMT 01/06/2024 $12,677.65 $12,994.15 $13,320.38 $13,654.73 $13,995.57 $14,344.52 $14,703.22 $15,071.65 $15,448.20 $15,834.49 $16,230.51 M01 BLDG & SAFETY MGR MGMT NS 07/08/2023 $11,592.99 $11,882.81 $12,179.88 $12,484.38 $12,796.49 $13,116.40 $13,444.31 $13,780.42 $14,124.93 $14,478.05 $14,840.00 M16 CITY CLERK MGMT NS 07/08/2023 $10,992.40 $11,267.21 $11,548.89 $11,837.61 $12,133.55 $12,436.89 $12,747.81 $13,066.51 $13,393.17 $13,728.00 $14,071.20 M02 CITY ENGINEER MGMT NS 07/08/2023 $12,067.19 $12,368.87 $12,678.09 $12,995.04 $13,319.92 $13,652.92 $13,994.24 $14,344.10 $14,702.70 $15,070.27 $15,447.03 M03 CITY PLANNER MGMT NS 07/08/2023 $11,559.80 $11,848.80 $12,145.02 $12,448.65 $12,759.87 $13,078.87 $13,405.84 $13,740.99 $14,084.51 $14,436.62 $14,797.54 Job
Code Job Title Unit
Effective
Date
Approx
Monthly
Min. /
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Approx
Monthly
Max. /
Step 11

CITY OF BREA

SALARY TABLE - REGULAR FULL-TIME CLASSIFICATIONS
M04 COMM & MKTG MANAGER MGMT NS 07/08/2023 $9,922.33 $10,170.39 $10,424.65 $10,685.27 $10,952.40 $11,226.21 $11,506.87 $11,794.54 $12,089.40 $12,391.64 $12,701.43 M05 COMM SVC MANAGER MGMT NS 07/08/2023 $9,640.19 $9,881.19 $10,128.22 $10,381.43 $10,640.97 $10,906.99 $11,179.66 $11,459.15 $11,745.63 $12,039.27 $12,340.25 M10 COMM DEV MANAGER MGMT NS 07/08/2023 $10,274.22 $10,531.08 $10,794.36 $11,064.22 $11,340.83 $11,624.35 $11,914.96 $12,212.83 $12,518.15 $12,831.10 $13,151.88 M18 EMS MANAGER MGMT NS 07/08/2023 $8,409.55 $8,619.79 $8,835.28 $9,056.16 $9,282.56 $9,514.62 $9,752.49 $9,996.30 $10,246.21 $10,502.37 $10,764.93 M06 FINANCIAL SVC MGR MGMT NS 07/08/2023 $10,617.67 $10,883.11 $11,155.19 $11,434.07 $11,719.92 $12,012.92 $12,313.24 $12,621.07 $12,936.60 $13,260.02 $13,591.52 M20 FIRE MARSHAL - NON SWORN MGMT NS 07/08/2023 $8,750.39 $8,969.15 $9,193.38 $9,423.21 $9,658.79 $9,900.26 $10,147.77 $10,401.46 $10,661.50 $10,928.04 $11,201.24 M15 HUMAN RESOURES MGR MGMT NS 07/08/2023 $11,400.30 $11,685.31 $11,977.44 $12,276.88 $12,583.80 $12,898.40 $13,220.86 $13,551.38 $13,890.16 $14,237.41 $14,593.35 M08 INFO TECHNO MANAGER MGMT NS 07/08/2023 $11,408.02 $11,693.22 $11,985.55 $12,285.19 $12,592.32 $12,907.13 $13,229.81 $13,560.56 $13,899.57 $14,247.06 $14,603.24 M11 MAINT SRVS SUPERINT MGMT NS 07/08/2023 $9,019.39 $9,244.87 $9,475.99 $9,712.89 $9,955.71 $10,204.60 $10,459.72 $10,721.21 $10,989.24 $11,263.97 $11,545.57 M09 PURCHASING AGENT MGMT NS 07/08/2023 $9,640.19 $9,881.19 $10,128.22 $10,381.43 $10,640.97 $10,906.99 $11,179.66 $11,459.15 $11,745.63 $12,039.27 $12,340.25 M13 REVENUE & BUDGET MGR MGMT NS 07/08/2023 $9,946.56 $10,195.22 $10,450.10 $10,711.35 $10,979.13 $11,253.61 $11,534.95 $11,823.32 $12,118.90 $12,421.87 $12,732.42 M12 WATER DIST SUPERINT MGMT NS 07/08/2023 $9,920.52 $10,168.53 $10,422.74 $10,683.31 $10,950.39 $11,224.15 $11,504.75 $11,792.37 $12,087.18 $12,389.36 $12,699.09 M21 DEPUTY DIR OF ADMIN SVS MGMT NS 10/17/2023 $13,439.07 $13,775.05 $14,119.43 $14,472.41 $14,834.22 $15,205.08 $15,585.21 $15,974.84 $16,374.21 $16,783.56 $17,203.15 M22 DEPUTY DIR OF COMM SVS MGMT NS 10/17/2023 $11,920.30 $12,218.30 $12,523.76 $12,836.86 $13,157.78 $13,486.72 $13,823.89 $14,169.49 $14,523.72 $14,886.82 $15,258.99 E05 ADMIN SVCS DIR N/A 07/08/2023 $17,282.11 $20,239.28 3 CITY MANAGER N/A 11/18/2023 $26,945.01
E07 COMMUNITY DEV DIR N/A 07/08/2023 $16,067.84 $18,934.64 E03 COMMUNITY SVCS DIR N/A 07/08/2023 $15,476.64 $17,951.73 ES1 FIRE CHIEF N/A 07/08/2023 $18,882.18 $21,960.52
UR1 FIREFIGHTER TRAINEE (NS) N/A 07/09/2022 $5,989.02
UR2 AMBULANCE OPERATOR (NS) N/A 05/21/2024 $3,293.33 $4,215.75 ES2 POLICE CHIEF N/A 07/08/2023 $20,176.26 $23,781.83
E04 PUBLIC WORKS DIR N/A 07/08/2023 $16,229.48 $19,152.28 E01 ASSISTANT CITY MGR / DIR N/A 07/08/2023 $18,166.67 $21,276.00 N10 CIVILIAN INVESTIGATOR POLICE 01/06/2024 $6,167.53 $6,321.50 $6,480.21 $6,642.86 $6,808.68 $6,978.44 $7,152.94 $7,332.18 $7,515.37 $7,703.29 $7,895.95 N01 COMM. SUPERVISOR POLICE 01/06/2024 $7,711.43 $7,903.94 $8,102.38 $8,305.75 $8,513.08 $8,725.34 $8,943.52 $9,167.63 $9,396.67 $9,631.63 $9,872.52 N14 CRIME ANALYST POLICE 01/06/2024 $6,870.05 $7,041.56 $7,218.34 $7,399.53 $7,584.23 $7,773.33 $7,967.71 $8,167.36 $8,371.41 $8,580.74 $8,795.35 N11 CRIME SCENE INVSTGTR POLICE 01/06/2024 $6,638.42 $6,804.15 $6,974.98 $7,150.05 $7,328.53 $7,511.25 $7,699.07 $7,892.00 $8,089.17 $8,291.44 $8,498.81 N07 JAILER POLICE 01/06/2024 $5,223.27 $5,353.67 $5,488.08 $5,625.83 $5,766.26 $5,910.03 $6,057.82 $6,209.62 $6,364.76 $6,523.91 $6,687.07 N08 PARKING CTRL OFFICER POLICE 01/06/2024 $4,731.17 $4,849.28 $4,971.03 $5,095.80 $5,223.00 $5,353.23 $5,487.09 $5,624.59 $5,765.11 $5,909.27 $6,057.06 N16 POLICE OFCR RECRUIT POLICE 01/06/2024 $7,404.01
P02 POLICE OFFICER POLICE 01/06/2024 $7,892.44 $8,089.47 $8,292.57 $8,500.72 $8,712.91 $8,930.15 $9,153.45 $9,382.82 $9,617.24 $9,857.72 $10,104.26 P20 POLICE SGT POLICE 01/06/2024 $10,200.31 $10,454.96 $10,717.44 $10,986.45 $11,260.69 $11,541.46 $11,830.06 $12,126.50 $12,429.46 $12,740.27 $13,058.90 N05 POLICE SVS. OFFICER POLICE 01/06/2024 $5,204.62 $5,334.55 $5,468.48 $5,605.74 $5,745.67 $5,888.93 $6,036.19 $6,187.44 $6,342.03 $6,500.61 $6,663.19 N06 PROP & EVIDENCE TECH POLICE 01/06/2024 $5,220.43 $5,350.75 $5,485.09 $5,622.77 $5,763.12 $5,906.82 $6,054.52 $6,206.23 $6,361.29 $6,520.36 $6,683.43 N04 PUBLIC SAFETY DISPATCHER I POLICE 01/06/2024 $5,299.63 $5,431.93 $5,568.30 $5,708.07 $5,850.55 $5,996.43 $6,146.37 $6,300.39 $6,457.79 $6,619.27 $6,784.82 N03 PUBLIC SAFETY DISPATCHER II POLICE 01/06/2024 $5,830.77 $5,976.33 $6,126.37 $6,280.15 $6,436.91 $6,597.40 $6,762.38 $6,931.83 $7,105.01 $7,282.67 $7,464.81 Job
Code Job Title Unit
Effective
Date
Approx
Monthly
Min. /
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Approx
Monthly
Max. /
Step 11

CITY OF BREA

SALARY TABLE - REGULAR FULL-TIME CLASSIFICATIONS
N02 SR. PS DISPATCHER POLICE 01/06/2024 $6,413.81 $6,573.93 $6,738.98 $6,908.13 $7,080.57 $7,257.11 $7,438.58 $7,624.97 $7,815.47 $8,010.90 $8,211.26 PM1 POLICE CAPTAIN POLICE MGMT 01/06/2024 $14,870.04 $15,241.27 $15,623.92 $16,016.09 $16,415.87 $16,825.17 $17,245.90 $17,678.04 $18,119.71 $18,572.80 $19,037.31 PM2 POLICE LT. POLICE MGMT 01/06/2024 $12,739.72 $13,057.77 $13,385.60 $13,721.58 $14,064.09 $14,414.75 $14,775.21 $15,145.44 $15,523.83 $15,912.01 $16,309.97 SECTION 2
Job Code Job Title Unit
Effective
Date
Min. /
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Max. /
Step 7
MIN

ADMINISTRATIVE INTERN

COMMUNITY SERVICES WORKER

LIFEGUARD

MAIL ROOM STORES CLERK

RESERVE POLICE TRAINEE

TECHNICAL INTERN
Non-Represented - Part-Time 01/01/2024 $16.00 $16.40 $16.81 $17.23 $17.66 $18.10 $18.56 919 COMM SVS SHUTTLE DRIVER Non-Represented - Part-Time 04/01/2023 $23.80 $24.40 $25.00 $25.63 $26.72 $26.93 $27.60 903 COMMUNITY SERVICES COORDINATOR Non-Represented - Part-Time 04/01/2023 $21.30 $21.83 $22.38 $22.94 $23.51 $24.10 $24.70 905 909 COMMUNITY SERVICES LEADER
SWN INSTRUCTOR Non-Represented - Part-Time 04/01/2023 $17.60 $18.04 $18.49 $18.95 $19.43 $19.91 $20.41 907 904 908

FACILITIES WORKER
SR. COMMUNITY SERVICES LEADER
SR. LIFEGUARD
Non-Represented - Part-Time 04/01/2023 $19.36 $19.84 $20.34 $20.85 $21.37 $21.90 $22.45 912 POLICE CADET Non-Represented - Part-Time 04/01/2023 $17.54 $17.98 $18.43 $18.89 $19.36 $19.84 $20.34 915 SPECIALIST Non-Represented - Part-Time 01/01/2024 $16.00 $100.00 927 928 GOLF COURSE SPECIALIST
RECYCLING COORDINATOR Non-Represented - Part-Time 04/01/2023 $31.92 $32.72 $33.54 $34.38 $35.24 $36.12 $37.03 SECTION 3
Job Code Job Title Unit Effective
Date
Min. /
Step 1
Step 2 Step 3 Step 4 Step 5 Step 6 Max. /
Step 7
2 CITY TREASURER N/A 12/01/2004
1 CITY COUNCIL N/A 12/06/2006 $680.69/monthly

SALARY TABLE - CITY COUNCIL AND ELECTED CLASSIFICATIONS

CITY OF BREA

SALARY TABLE - REGULAR PART-TIME AND PART-TIME INTERMITTENT CLASSIFICATIONS

CITY OF BREA
$50.00/month stipend
City of Brea
City Council Regular Meeting Communication
Extension of Agreement with Brea Towing Services, LLC for Official Police Towing Services Meeting
Tuesday, June 18, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 6I
FROM
Jamie McDonald, Management Analyst

RECOMMENDATION
Approve six-month extension of Agreement with Brea Towing, LLC for official police towing services.

BACKGROUND/DISCUSSION
In June of 2018, the Brea Police Department memorialized a long-standing relationship with Brea Towing, LLC (Brea Towing) who had been providing official police towing services for many years prior, by executing a four (4) year agreement with one possible two (2) year extension. Brea Towing has provided official police towing services since that time, and their final and only extension of the agreement is currently in place and set to expire on June 19, 2024.

It is the intention of the police department to conduct a review of current official police towing services, and survey the local police towing market, through a request for proposals (RFP) process. To allow for continuity of services during the RFP process, the Police Department requests one six (6) month extension of the current Agreement with Brea Towing, bringing its expiration date to December 19, 2024.

Police administrative staff anticipate the development and advertisement of the RFP by August of 2024, allowing for time to review proposals, interview qualified vendors, and bring the selected vendor to Finance Committee and the City Council prior to the December 19, 2024 expiration date.

The agreement, Exhibit A, and current extension, Exhibit B, are attached for reference.

FISCAL IMPACT/SUMMARY
As there will be no change to Brea Towing's rates for the duration of this agreement extension, and the fees for official police towing services are already budgeted, there is no impact to the general fund.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Jamie McDonald, Management Analyst II
Concurrence: Adam Hawley, Police Chief
Attachments
Exhibit A - Brea Towing Service, LLC - Official Police Tow Services.pdf Exhibit B - Brea Tow - Contract Extension_June 2022_Fully Executed.pdf Brea Towing Contract Extension_June 2024.pdf

AGREEMENT BETWEEN THE CITY OF BREA AND

BREA TOWING SERVICE, LLC TO PROVIDE

OFFICIAL POLICE TOW SERVICES
THIS AGREEMENT is made and entered into as of 20tff between the City of Brea, a municipal corporation, by and through the Brea Police Department CITY") and Brea Towing Service, LLC (" TOWING COMPANY"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. SERVICESThe CITY hereby retains TOWING COMPANY to provide timely and professional towing and storage services for vehicles, in accordance with the provisions of this Agreement, when a representative of the Brea Police Department or other authorized CITY representative requests towing services.

2. NON- EXCLUSIVE FRANCHISE TO PROVIDE OFFICIAL POLICE TOW SERVICES.

Section 5. 240. 030 of the Brea City Code requires every towing company performing official services to possess a franchise granted by the CITY pursuant to Chapter 5. 240 of said Code. In furtherance thereof, this Agreement shall serve as the required franchise unless and until its termination or expiration. As a franchisee, TOWING COMPANY shall serve as an Official Police Tow Service Provider for the CITY.

Depending on the TOWING COMPANY' s ranking on the CITY' s tow rotation list, TOWING COMPANY shall have the right during the term of this Agreement to receive calls from the CITY to provide towing and storage services for vehicles which are involved in accidents, are disabled, abandoned or impounded for evidence, are impeding the flow of traffic or are otherwise subject to being towed and stored at the direction of the CITY. TOWING COMPANY' s priority on CITY' s tow rotation list shall be established pursuant to CITY' s Policy and Specifications Applicable to Official Vehicle Towing and Storage Service Providers (" Tow Policy" hereinafter), attached hereto as Exhibit "A". The Tow Policy may be modified by the CITY following not less than thirty 30) days prior, written notice to TOWING COMPANY, and thereafter this Agreement shall be deemed modified by replacing the previous Tow Policy with the amended Tow Policy. The amended Tow Policy shall replace the previous Tow Policy as Exhibit " A" hereto.

3. TERM
Unless sooner terminated as provided herein, the term of this Agreement is four (4) years. Prior to the expiration of the foregoing term, and in accordance with B. C. C.

Section 5. 240. 090. C, the TOWING COMPANY may apply to renew this Agreement for an additiona! two ( 2) years on the same terms and conditions.

4.ABILITY TO PERFORM
The TOWING COMPANY shall at all times have sufficient towing equipment and storage yard capacity, as required by the Tow Policy and/ or the Towing Ordinance, to perform the obligations set forth in this Agreement. The storage yard shall be in full compliance with any applicable zoning and building requirements. The TOWING COMPANY shall.. at all times, possess a valid CITY Business License.

5.TRAININGIABILITY — QUALIFICATIONS
A. The TOWING COMPANY' s drivers and other personnel ( collectively employees") must be sufficiently trained and shall provide safe and proper service.

B. All drivers shall possess the proper class of driver's license required to perform their duties according to Section 12520( a) of the California Vehicle Code. The TOWING COMPANY' s owner(s)/ operators shall participate in the Employer Pull Notice Agreement through the Department of Motor Vehicles. The TOWING COMPANY is required to notify the Brea Police Department Department") Traffic Unit Supervisor of any Pull Notices received about any of its drivers.

C. The TOWING COMPANY' s drivers shall present a neat, clean and professional appearance. Drivers shall at all times wear uniform type pants and shirt as described in the Tow Policy, and shall otherwise conduct themselves as required by the Tow Policy.

D. Should any TOWING COMPANY employee appear at the scene of a tow call with the odor of alcohol, such employee shall submit to a preliminary alcohol -screening test upon demand by a Brea Police Officer.

6. COMPLIANCE WITH TOW POLICY
The TOWING COMPANY and each and every employee thereof shall, at all times when providing services pursuant to this Agreement, comply fully with all provisions of the Tow Policy. Any failure to comply with the Tow Policy shall constitute a breach of this Agreement and grounds for suspension or revocation of this franchise, and/ or reduction in position of priority on the CITY' s tow rotation list.

7. COMPLIANCE WITH TOWING ORDINANCE
The TOWING COMPANY and each and every employee thereof shall, at all times when providing services pursuant to this Agreement, comply fully with all provisions of the CITY Towing Ordinance, Chapter 5. 240 of the Brea City Code, as the same may be amended from time to time. Any failure to comply with the CITY Towing Ordinance shall constitute a breach of this Agreement and grounds for suspension or revocation of this franchise, imposition of liquidated damages, and/ or reduction in ranking on, or removal from, the CITY' s tow rotation list.

8. RESPONSE TIMES
The TOWING COMPANY shall respond to Brea Police Department calls twenty-four 24) hours a day, seven days a week, including holidays, with maximum response times as set forth in the Tow Policy.

9. FRANCHISE FEE
The franchise fee payable to the City by the TOWING COMPANY as required by the CITY Towing Ordinance shall be in such amount as established by resolution of the Brea City Council, and as may be amended from time to time following notice to the TOWING COMPANY.

10. SIGNS AND ADVERTISING
The TOWING COMPANY shall not display any signs or advertising material which indicates that his/ her business is an official towing service or police storage facility of the CITY without the express written permission from the Chief of Police.

11. INDEMNITY
The TOWING COMPANY shall be bound by the indemnification provisions set forth in Section 5. 240. 150 of the Brea City Code.

12. INSURANCE
Without limiting the TOWING COMPANY' s indemnification of the CITY as provided in this Agreement, the TOWING COMPANY shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, insurance coverage as set forth in the Tow Policy and the Towing Ordinance. iBM0R 1
The TOWING COMPANY shall be responsible for damage to or theft of the vehicles and other property towed and stored by the TOWING COMPANY, its employees or agents. Any and all claims, demands or liability arising out of or encountered in connection with this Agreement shall be borne by the TOWING COMPANY.

14.TERMINATION
A. The CITY may terminate this Agreement should TOWING COMPANY remain in breach of any provision of this Agreement following service of a written notice of breach and demand to cure within thirty ( 30) days. If the Agreement is terminated by the CITY, and provided TOWING COMPANY is not then in breach, the TOWING COMPANY shall be paid for services satisfactorily rendered to the last working day the Agreement is in effect, and the TOWING COMPANY shall have no other claim against the CITY by reason of such termination.

Notwithstanding the foregoing, the CITY may immediately suspend this Agreement, pending further action, when determined by the Chief of Police to be necessary in order to more fully protect the public health and safety.

B. The TOWING COMPANY may terminate this Agreement only for a material breach and if the City fails to cure the breach within sixty ( 60) days following written notice from the TOWING COMPANY.

15.GENERAL PROVISIONS
A. Independent Contractor
At all times during the term of this Agreement, the TOWING COMPANY shall be an independent contractor and shall not be an employee of the CITY.

The CITY shall have the right to control the TOWING COMPANY only insofar as the results of the TOWING COMPANY' s services rendered pursuant to this Agreement; however, the CITY shall not have the right to control the means by which the TOWING COMPANY accomplishes services rendered pursuant to this Agreement.

B. Required Licenses and Permits
The TOWING COMPANY represents and warrants to the CITY that the TOWING COMPANY has all licenses, permits, qualifications and approvals that are legally required for the TOWING COMPANY to perform the services required under this Agreement pursuant to Vehicle Code Section 12804. 9. The TOWING COMPANY represents and warrants to the CITY that the TOWING COMPANY shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for the TOWING COMPANY to perform the services.

C. No Agency
Except as the CITY may specify in writing, the TOWING COMPANY shall have no authority, express or implied, to act on behalf of the CITY as an agent in any capacity whatsoever. The TOWING COMPANY shall have no authority, express or implied, pursuant to this Agreement, to bind the CITY to any obligation.

D. _Assignment
The TOWING COMPANY shall not assign any right or obligation pursuant to this Agreement without the prior written consent of the City Council. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect and constitute a default under this Agreement. The sale or transfer of controlling interest in a company shall constitute an assignment within the meaning of this Agreement.

E. Standard of Performance
The TOWING COMPANY shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent towing company providing the kinds of services in which the TOWING COMPANY is engaged in the geographical area in which the TOWING COMPANY is operating.

F. No Employee Financial Interest
No employee of the CITY shall have any direct or indirect financial interest in the TOWING COMPANY.

G. Compliance with all Laws and Regulations
The TOWING COMPANY shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The TOWING COMPANY shall at all times observe and comply with all such ordinances, laws and regulations. The CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the TOWING COMPANY to comply with this section.

H. Notices
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by ( i) personal service, ( ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or ( iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To CITY: City of Brea
Police Department
1 Civic Center Circle
Brea, CA 92821
Attention: Chief of Police
To TOWING COMPANY:

Brea Towing Service, LLC
509 W. Lambert Road
Brea, CA 92821
Time of Essence
In the performance of this Agreement, time is of the essence.

J. Authority to Execute
The persons executing this Agreement on behalf of the TOWING COMPANY warrants and represents that he or she has the authority to execute this Agreement on behalf of the TOWING COMPANY and has the authority to bind the TOWING COMPANY to the performance of its obligations hereunder.

K. Integrated Agreement
This Agreement and Exhibit " A° ( Tow Policy) hereto constitute the entire agreement between the parties with respect to the subject matter herein. No representation or promise not expressly set forth herein shall be binding or have any force or effect. In the event of any conflict between this document, the Tow Policy, or the Towing Ordinance. the provisions of the Towing Ordinance, then the Tow policy, shall govern.

L. Governing Law and Venue
The provisions of this Agreement shall be governed by the laws of the State of California. Venue for any legal action shall be the Superior Court of the County of Orange, California.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF BREA
Mayor
ATTEST-.
oRAKGE C0V4'
0 c
O _ y
4 M
i1
FEB4V toy
City Clerk

TOWING COMPANY
By:

Name:

Title: 1, 0
ByName: ti R• ;« -
Title: -
Two corporate officers are required to sign this Agreement.]

The City of Brea Police Department
1 CIVIC CENTER CIRCLE, BREA, CA 92821-5732 714-990-7625 www.breapollce.net June 12, 2024
Jim Dunn
Bren Towing Service, LLC
509 W. Lambert Road
Brea, CA 92821
RE: Contract Extension for Official Police Tow Services The City of Brea would like to extend the above-entitled contract for six (6) months subject to the tenns and conditions contained in the contract. The new contract penod of perf ormancc wiJI be from June 20, 2024 to December 19, 2024
Please provide the updated proof of insurance documcntallon to cover this extension penod of perf onnancc Please note that all insw-ances must be provided by companies rated A VIII or better by AM BEST and meet all stated contract requirements Failure to meet these requirements and provide the required msurances in the required amounts may result m rescmdmg the extension offer The undersigned parties certify that they have the authority to execute this contract extens10n on behalf of and to bind their respective entities to all the requirements of the contract. and any attachments, exhibits, and/or amendments thereto.

City of Brea
Signature
Christine Manck, Mayor
City of Brea
ATTEST
Signature
Lilian Hams-Neal, City Clerk
Date
Date
Brea Towmg Service, LLC
~~-12),/Mg,'"""" (,. -I J-2' 2.1f
1 ure ate
s ~Atl~ 1'1-1'\ ~ NltM,~..;President
Brea Towing Service, LLC
~~ '-- -----"III/lf Signature Date
t;al"\. RA~ 1' h\'M, Vice President
Brea Towmg Service. LLC
City of Brea
City Council Regular Meeting Communication
Approval of Memorandum of Understanding between the City of Brea and the Brea Firefighters’ Association Meeting
Tuesday, June 18, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 6J
FROM
Mario Maldonado, Human Resources Manager

RECOMMENDATION
Adopt resolution approving Memorandum of Understanding (MOU) with the Brea Firefighters’ Association (BFA).

BACKGROUND/DISCUSSION
City staff have recently been negotiating a successor labor agreement (Memorandum of Understanding or MOU) with BFA. The City's current labor contract with BFA expires June 30, 2024. The economic disruption caused by the COVID-19 global pandemic and subsequent inflation has significantly impacted the local economy and City operations. In particular the labor market and labor relations have seen a lot of transition through early retirements and employees choosing to move to other municipalities that offer higher wages. Over the last couple of years, the Consumer Price Index for All Urban Consumers increased has been as high 9.1% creating pressure on demand for higher wages and stable labor contracts. A salary survey of six comparable cities in our labor market indicated that the majority of the members in this bargaining unit were substantially behind the market in total compensation.

The negotiations were successful and a tentative agreement for a successor labor agreement (Memorandum of Understanding or MOU) with BFA was reached at the end of May. BFA members have already ratified the tentative agreement. A successor MOU agreement with the Brea Firefighters’ Association is now ready for City Council approval. The terms reached in the attached agreement are consistent with the maximum financial authority provided to the City’s bargaining team by the City Council and mirror similar contracts signed with all other City bargaining units.

Over the last few years, contracts with employee associations have reflected modest changes to the terms of employment, reflecting the City’s policy for maintaining a balanced budget with an eye towards sustaining healthy reserves. However, with inflationary pressures impacting our comparable labor market and employees leaving and/or retiring at higher than usual rates, the City sought to stabilize our competitive edge by front loading salary increases in this contract. Therefore, in this proposed contract, salaries have been increased significantly in the first year by 14% for each classification in the Association (Median of the market adjustment) to ensure that Association members do not fall behind in the labor market. The agreement also includes a three percent (3%) salary adjustment in the second year of the contract.

The Association and the City have also agreed to make modest changes to the existing City sponsored Retirement Health Savings Plan (RHSP). Currently there is no employer contribution to this plan and employees each contribute $25.00 per month. BFA has opted to join a union-sponsored plan called IAFF Medical Expense Reimbursement Plan (IAFF MERP). Employees will now contribute $75.00 per month to this new plan and beginning in July 2025 the City has agreed to make a mandatory employer matching contribution of $75.00 per month to the IAFF MERP trust.

This MOU only includes modifications to salary, RHSP benefits and clean-up of expired or outdated language and revision to sick leave to comply with updated state mandates. All other provisions of the current MOU remained unchanged. These adjustments will help us remain competitive in the labor market as these salary benefits are standard in comparable jurisdictions.

FISCAL IMPACT/SUMMARY
The City has been working with labor groups to prudently “hold the line” on personnel costs for several years now.

However, this contract adjustments is needed for the City to stay competitive in the current labor market if Brea is going to continue to attract and maintain quality public safety employees during this post pandemic era. The City’s bargaining team has been meeting in good faith with BFA and have now reached tentative agreement with this employee association. The association has already ratified this agreement.

This action authorizes the City to enter into a new MOU (labor agreement) with BMA through June 30, 2026. This represents a long-term contract that will give both sides some measure of stability in the next two years. There has been significant turnover in this bargaining unit resulting in more entry-level Firefighters at Step 1 which has resulted in budget savings. Therefore, beginning in FY 2024-25, $779,800 in additional appropriations will be budgeted in accordance with the budgeting practices for this MOU adjustments. There are sufficient revenues over expenditures projected to cover this cost for FY 2024-25 and future fiscal years will be evaluated as part of the budget process.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Mario E. Maldonado, Human Resources Manager Concurrence: Kristin Griffith, Administrative Services Director Attachments
BFA MOU Reso 06-18-2024 FINAL.pdf
Exhibit A - BREA FIRE MOU 2024-2026.pdf
RESO NO. 2024-050
June 18, 2024
1 RESOLUTION NO. 2024-050

A RESOLUTION OF THE COUNCIL OF THE CITY OF

BREA APPROVING MEMORANDUM OF
UNDERSTANDING WITH THE BREA FIREFIGHTERS’

ASSOCIATION
A. Recitals
(i) Chapter 10, Division 4, Title 1, of the Government Code of the State of California was amended effective January 1, 1969, for the purpose of promoting improved employer-employee relations between public employers and their employees by establishing uniform and orderly methods of communication between employees and the public agencies by which they are employed; (ii) Government Code Section 3507 empowers a City to adopt reasonable rules and regulations after consultation in good faith with representatives of its employee organizations for the administration of employer-employee relations; (iii) Pursuant to the provisions of the Employer-Employee Relations Resolution No. 06-62 of the City of Brea, the City of Brea has recognized the Brea Firefighters’ Association as the majority representative of employees in the fire bargaining unit for the purpose of meeting its obligations under this Agreement, the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., when City Rules, Regulations or laws affecting wages, hours and/or other terms and conditions of employment are amended or changed.
(iv) The duly authorized representatives of the City and the Brea Firefighters’ Association have met and conferred in good faith and have reached RESO NO. 2024-050
June 18, 2024
2 agreement on changes in wages, hours and terms and conditions of employment. (v) The Brea Firefighters’ Association membership has ratified the agreement.

B. Resolution
NOW, THEREFORE, be it found, determined and resolved by the City Council of the City of Brea, as follows:

The Memorandum of Understanding representing an agreement to changes in wages, hours, and terms and conditions of employment for the term of July 1, 2024, through June 30, 2026, by the City and the Brea Firefighters’ Association (Exhibit A), is approved.

APPROVED and ADOPTED THIS 18th DAY OF JUNE 2024.
______________________________
Christine Marick, Mayor
ATTEST: __________________________
Lillian Harris-Neal, City Clerk
RESO NO. 2024-050
June 18, 2024
3 I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Brea, held on the 18th of June 2024, and was adopted by the following votes:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

DATED: ______________________________
_____________________________________
Lillian Harris-Neal, City Clerk
RESO NO. 2024-050
June 18, 2024
4 EXHIBIT A
12464062.2 BR002-029
Memorandum of
Understanding

BETWEEN

THE CITY OF BREA
AND

THE BREA
FIREFIGHTERS’

ASSOCIATION
JULY 1, 2024 THROUGH JUNE 30, 2026
Brea Civic & Cultural Center
Human Resources Division
1 Civic Center Circle
Brea, CA 92821
www.cityofbrea.net
12464062.2 BR002-029

TABLE OF CONTENTS
A. RECITALS............................................................................................................................................1 B. AGREEMENT.......................................................................................................................................1 ARTICLE I – RECOGNITION.............................................................................................................................1 ARTICLE II – NONDISCRIMINATION ..............................................................................................................2 ARTICLE III – SCHEDULING/HOURS OF WORK AND ASSIGNMENTS ....................................................2 ARTICLE IV – SALARY AND WAGE PLAN....................................................................................................5 ARTICLE V – LEAVES..................................................................................................................................... 12 ARTICLE VI – FRINGE BENEFITS................................................................................................................. 21 ARTICLE VII – PROFESSIONAL DEVELOPMENT ...................................................................................... 30 ARTICLE VIII – OTHER PROVISIONS........................................................................................................... 34 ARTICLE IX – LABOR MANAGEMENT RELATIONSHIP............................................................................ 36 ARTICLE X - MOU CONTRACT PROVISIONS ............................................................................................. 41

EXHIBIT A - LIST OF REPRESENTED CLASSIFICATIONS

EXHIBIT B - SALARY TABLES
Effective January 6, 2024 – July 5, 2024
Effective July 6, 2024 – July 4, 2025
Effective July 5, 2025 – June 30, 2026

EXHIBIT C - AMENDMENT TO HUMAN RESOURCES RULES AND REGULATIONS

REGARDING FIREFIGHTER BILL OF RIGHTS
INDEX
Brea Firefighters' Association July 1, 2024 – June 30, 2026 12464062.2 BR002-029

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF BREA
AND

THE BREA FIREFIGHTERS' ASSOCIATION
July 1, 2024 through June 30, 2026
This Memorandum of Understanding (MOU) is made and entered into by and between the duly authorized representatives of the City and the Brea Firefighters' Association.

A. Recitals
(i) The parties hereto have met and conferred in good faith pursuant to the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., and have reached agreement on changes in wages, hours and terms and conditions of employment. (ii) The parties hereto have agreed upon the wages, hours, and terms and conditions of employment as set forth herein in order to encourage effective recruitment and retention of well-qualified employees and to foster and reward employees' potential, performance, professional attitude, morale and pride in work. The Brea Firefighters' Association employees hereby acknowledge these expectations.

B. Agreement
Now, therefore, the parties hereto agree as follows:

ARTICLE I – RECOGNITION
Pursuant to the provisions of City of Brea Employer-Employee Relations Resolution No. 06- 62, the City of Brea (hereinafter called the "City") has recognized the Brea Firefighters' Association (hereinafter called the "Association") as the majority representative of employees in the bargaining unit, which includes full-time employees in the classifications of Fire Captain, Fire Engineer, and Firefighter (Exhibit “A”).

The City shall recognize the Association as the majority representative of employees in the classifications set forth in Section 1 of this Article for the purpose of meeting its obligations under this Agreement, the Meyers-Milias-Brown Act, and Government Code Section 3500, et seq.

Brea Firefighters' Association July 1, 2024 – June 30, 2026 2 12464062.2 BR002-029
ARTICLE II – NONDISCRIMINATION
The City and the Association agree that they shall not discriminate against any employee because of race, color, gender, age, national origin, marital status, sexual preference, genetic information, political or religious affiliations, and/or disability, except as may be required for compliance with Federal or State law, or exercise of rights under the MeyersMilias-Brown Act. The City and the Association shall re-open any provision of this Agreement for the purpose of complying with any final order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with Federal or State anti-discrimination laws.

Disability Discrimination Laws
Federal and State disability discrimination laws require accommodations for individuals protected under those Acts. To the extent that any direct conflict may exist between the provisions of law and the terms of this Agreement, the provisions of the law will prevail.

The Association recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions.

ARTICLE III – SCHEDULING/HOURS OF WORK AND ASSIGNMENTS
Consistent with Article IX - Labor Management Relationship - City Rights, of this Memorandum of Understanding, it shall be understood that scheduling of employees and assignment of work shall be the sole responsibility of the City, consistent with the needs of the community. The Fire Chief shall designate work schedules. The Fire Chief may alter the work schedule of an employee subsequent to the consideration of departmental workload, operational efficiency, and staffing considerations. The Fire Chief shall report any work schedule change in writing to the City Manager, where such change impacts a significant number of employees.
9/80 Work Schedule
The City has implemented a structured, synchronized 9/80 work schedule for the non-shift sworn employees assigned to Fire Administration. The structured, synchronized 9/80 work schedule shall consist of two (2) consecutive work periods containing the equivalent of nine (9) work days instead of ten (10) in a two (2) week period. Employees will work eight (8) days for nine (9) hours a day, and one (1) day for eight (8) hours, for a total of eighty (80) hours in two (2) consecutive work periods.

Consistent with Article IX – Labor Management Relationship - City Rights, it shall be understood that the implementation of the structured, synchronized 9/80 work schedule shall Brea Firefighters' Association July 1, 2024 – June 30, 2026 3 12464062.2 BR002-029
be the sole responsibility of the City, consistent with the needs of the community.

Concurrent with its obligations under the Meyers-Milias-Brown Act, the City and the Association will meet and confer in good faith at any time prior to change, revision, or elimination of the structured, synchronized 9/80 work schedule. Failure to reach agreement on any change, revision or elimination of the structured, synchronized 9/80 work schedule shall not preclude the City from implementation during the term of this Agreement.

It shall be understood that scheduling of employees and assignment of work shall be the sole responsibility of the City, consistent with the needs of the community. 48/96 Shift Schedule
The work schedule for sworn employees includes two (2) work shifts on duty followed by four (4) shifts off duty (commonly called a “48/96” schedule).

A. Application: This agreement will apply to Fire Department employees on a 24-hour shift schedule.

B. Effective Date: The 48/96 work schedule became effective on April 4, 2009.

C. Termination of the 48/96 Schedule: With 90 calendar days advance written notice, the City may, at its sole option, discontinue the 48/96 work schedule for failure to meet the objectives of the 48/96 work schedule (e.g., the items listed in Section F below, “Objectives of the 48/96 Schedule”). The 48/96 schedule may also be discontinued by mutual agreement between the City and the Association; however, this section shall not create an obligation for either party to meet and confer on this matter prior to discontinuing the work schedule.

D. FLSA Work Period: The work period will be defined as a twenty-four (24) day work period, as permitted by the Fair Labor Standards Act (FLSA), in order to accommodate the 48/96 schedule. Overtime will be paid as described in Article IV – Salary and Wage Plan – Overtime and Compensatory Time.

E. Description of 48/96 Work Schedule: A duty shift will be a period of twenty-four (24) consecutive hours, commencing at 0800 hours one day and continuing to 0800 hours the next day. A scheduled rotation will occur after two (2) shifts (48 hours), followed by ninety-six (96) hours off. There shall be six (6) hours of scheduled overtime per 14-day pay period when averaged on one hundred and twelve (112) hours per pay period.

1. Concurrent with the commencement of the new work period, payroll for the affected employees shall be structured as one hundred and twelve (112) hours per pay period. This structure is recognized as an advance of overtime under the FLSA, based upon a normal work schedule of 2912 Brea Firefighters' Association July 1, 2024 – June 30, 2026 4 12464062.2 BR002-029
hours per year, which equates to an average of one hundred and twelve (112) hours per pay period. That payroll compensates the employee for an average of six (6) hours of schedule overtime per pay period In those payroll periods when an employee’s normal work schedule is less than one hundred and twelve (112) hours, he/she will be paid “in advance” of those pay periods when the employee’s normal schedule is greater than one hundred and twelve (112) hours.

2. Compensation for the one hundred and twelve (112) hour payroll will be reported as normal compensation for CalPERS retirement purposes.

3. Non-Schedule Overtime which is time worked in excess of the one hundred and eighty-two (182) hours FLSA limit in any work period will be paid under FLSA regulations as described in Article IV - Salary and Wage Plan – Overtime and Compensatory Time .

F. Objectives of 48/96 Schedule: It shall be the goal of the 48/96 schedule to improve employee morale and job satisfaction, maintain or improve productivity and training, maintain or improve continuity in the management of collateral assignments, and reduce commuter trips by 50% for all Suppression staff without negative impacts on the City including, but not limited to, the following areas:

1. Sick Leave use*

2. Number of injuries and workers’ compensation claims

3. Number of vehicular accidents

4. Employee fatigue

5. Overtime costs

6. Unable to achieve callback for Emergency Recall**
* The trigger point for Sick Leave will be the average of the last five (5) fiscal years, 4048 hours.
** Emergency Callback will be monitored quarterly during the first year and as needed after the trial period.

Note: Immediately upon the appearance that any of the above areas may be cause for concern, the City, Fire Management and the Fire Association will analyze all available information. The goal is to determine whether or not there is a genuine issue and to develop resolution. If there continues to be negative Brea Firefighters' Association July 1, 2024 – June 30, 2026 5 12464062.2 BR002-029
impact on the City, then the cancellation options provided in Section C. may be implemented. Nothing in this section shall create an obligation for either party to meet and confer on this matter prior to discontinuing the work schedule.

ARTICLE IV – SALARY AND WAGE PLAN
Salaries
Salaries effective during the term of this MOU, are listed in Exhibit "B", attached hereto and made a part thereof.

Effective the first full pay period in July 2024, salaries for each classification shall be increased by fourteen percent (14.0%).

Effective the first full pay period in July 2025, salaries for each classification shall be increased by three percent (3.0%).

Merit Increases
Merit increases will become effective on the date earned, if subsequently approved.

OVERTIME AND COMPENSATORY TIME
Subject to the approval of the Fire Chief, or designee, employees may be authorized to work reasonable periods of overtime to meet operational needs.

FLSA Disclaimer
The City and Association agree that the City will administer overtime, compensatory time and shift trades in accordance with the mandates of the Fair Labor Standards Act (FLSA).

It is understood and agreed that the City shall provide those overtime benefits mandated by the FLSA as distinguished from overtime benefits required under this Memorandum of Understanding, only to the extent and during such time that the FLSA is legally binding on the City.

Effective with the 48/96 schedule, all twenty-four (24) hour “shift” employees’ work period for the calculation of overtime pay shall be twenty-four (24) day work period per Section 207(k) of the Fair Labor Standards Act (FLSA).

Brea Firefighters' Association July 1, 2024 – June 30, 2026 6 12464062.2 BR002-029
Non-Exempt Employees
Shift Employees- Firefighters and Fire Engineers are considered non-exempt employees.

As of August 23, 2004, Shift Fire Captains are considered non-exempt pursuant to revised Federal regulations effective that date.

Non-exempt shift employees working the 48/96 work schedule, shall be paid at the rate of one and one-half (1.5) times the employee’s regular rate of pay for all hours worked in excess of one hundred eighty-two (182) in the twenty-four (24) day work period. These hours shall be referred to as “overtime.”
A. The overtime rate will be calculated according to FLSA guidelines.

B. Paid leave time (e.g., vacation, sick leave, holidays, compensatory time, etc.) shall be counted as hours worked for the purposes of determining eligibility for overtime pay within a particular work period.

C. Employees who work overtime without the express permission of the Fire Chief, or designee, may be subject to disciplinary action.

D. Compensatory Time. Subject to the approval of the Fire Chief, or designee, nonexempt employees may elect to convert the half time "premium" portion of overtime hours worked (those hours in excess of one hundred and twelve [112] in the work period) to compensatory time-off (CTO). Employees shall be paid at their regular rate of pay for the straight-time portion of the overtime hours worked.

1. Subject to the approval of the Fire Chief, or designee, a non-exempt shift employee may request to "bank" up to a maximum of one hundred-twenty (120) hours of compensatory time in lieu of receiving the premium portion of the overtime pay. The employee may request use of banked compensatory time by submitting a request in the same manner as vacation leave requests.

Approval of the use of compensatory time shall not be unreasonably denied or delayed, and shall be approved by the Department Director, or designee, unless he/she determines that approval for the requested date(s) would create an undue burden on departmental workload, operational efficiency, and/or safe staffing considerations. An employee working all or a portion of a shift to cover CTO leave taken by another employee will be paid for such time and may not accrue compensatory time for that shift or any portion thereof.

2. The City may pay-off accumulated compensatory hours upon promotion, of a non-exempt employee.

Non-Shift Employees- Non-exempt non-shift employees shall be paid at the rate of one-andone-half (1.5) times the employee’s hourly rate for all hours worked in excess of forty (40) in Brea Firefighters' Association July 1, 2024 – June 30, 2026 7 12464062.2 BR002-029
the seven (7) day workweek. These hours shall be referred to as “overtime” hours.

A. The overtime rate will be calculated according to FLSA guidelines.

C. Employees, who work overtime without the express permission of the Fire Chief, or designee, may be subject to disciplinary action.

D. Compensatory Time. Subject to the approval of the Fire Chief, or designee, an employee may elect to take compensatory time off in lieu of receiving overtime pay for hours worked in excess of forty (40) in a work week. An employee who requests and is approved for compensatory time off in lieu of overtime is entitled to one-andone-half (1.5) hours of compensatory time off for each hour for which he/she would otherwise be entitled to overtime pay.

1. Subject to the approval of the Fire Chief, or designee, employees may request to “bank” up to a maximum of forty (40) hours of compensatory time (representing 26.67 hours of overtime worked) in lieu of receiving overtime pay. The employee may request use of banked compensatory time by submitting a request in the same manner as vacation leave requests.

Exempt Status of Administrative Fire Captain Classification Pursuant to Section 13(a)(l) of the Fair Labor Standards Act (FLSA), the City has determined that employees in the classification of Fire Captain/Administration are exempt from the provisions of the FLSA when working in such assignments.

Non-shift Fire Captains assigned to Fire Administration who work in excess of eighty (80) hours in the work period shall be paid for such hours at his/her straight-time regular rate of pay, or may elect, subject to the approval of the Fire Chief or designee, to receive compensatory time off, on an hour-for-hour basis. An employee may request to "bank" up to a maximum of forty (40) hours of compensatory time (representing forty [40] hours of time worked). The use of banked compensatory time shall be subject to the approval of the Fire Chief or designee.

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Call-Back Pay
An employee called back to work after completing his/her normal work shift and having left City premises and/or the employee's work location shall be paid a minimum of two (2) hours regardless of whether the employee actually works less than two (2) hours. If the employee works more than two (2) hours call-back time, he/she shall be compensated according to the amount of time actually worked.

Emergency Recall
Effective July 1, 2005, and pursuant to the definition of emergency contained in Department Operations Manual Section 3.02 (B), an employee responding to emergency recall will be paid at the time-and-one-half (1.5) their regular rate of pay for such overtime hours worked.

Residency Requirement
As a condition of employment, all employees subject to this MOU hired by the Brea Fire Department after January 1, 2022 shall, within six (6) months of date of hire, establish a bona-fide residence and reside within a reasonable distance from the Brea Fire Department assigned fire station. Reasonable distance shall mean four (4) hours driving time from the nearest Fire Station, with the employee driving at posted speed limits.

Assistance by Hire
Shift employees assigned to work with other entities in response to a task force, strike team, or for “assistance by hire” assignments on behalf of a third party shall be eligible for overtime compensation at a rate equivalent to time and one-half of the employee’s regular rate of pay for each hour of such assignment if the contract for such assignment, or the conditions of reimbursement from the third party, provide for full reimbursement of overtime costs at the time-and-one-half hourly rate. The City shall only be responsible for time and one-half payments, not otherwise required under this MOU or the FLSA, if so reimbursed.

Overtime for Employees Working Rank Down within the Fire Department Effective July 1, 2019 qualified employees assigned to work down a rank on a temporary basis on a suppression shift shall be paid for such working rank down hours at the same step and hourly rate that they currently occupy, including any applicable paramedic pay.

All aspects to this work down policy are further stipulated in AOP #5.

Consecutive Shifts
The City and Association agree that employees covered herein may volunteer to work ninety-six (96) or more consecutive shift hours.

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Paramedic Continuing Education/Recertification Compensation Continuing Education- An employee assigned as a Paramedic shall be compensated, at his/her regular rate of pay, for all education classes voluntarily attended off-duty which are required to maintain minimum paramedic certification levels. These employees shall be paid their straight-time rate of pay only for those hours actually spent in continuing education certification classes. Time spent voluntarily in Paramedic certification classes shall not be used for purposes of calculating overtime pay. Compensation and verification of attendance hours will be based on the Fire Department's receipt of signed verification from the Orange County Emergency Medical Services Continuing Education Department.

Recertification Compensation- Employees assigned as Paramedics shall receive $500 after successful completion of the paramedic recertification process.

WORKING OUT OF CLASSIFICATION
The City shall determine the necessity for working employees out of classification (acting assignments) on a temporary basis for the purposes of training/development, short-term or temporary shift coverage, and special assignments. It is not the City’s intent to use acting assignments to delay or, avoid hiring or overtime assignments.

Acting assignments to a higher classification will be filled by employees on the eligible list for the classification; or, by employees who meet the qualifications for the classification when there is no current eligible list and there are no qualified rank-for-rank overtime volunteers.

No one will be forced into an acting assignment; however, participation in an acting assignment provides training and work experience for potential promotional candidates, and such experience may enhance an individual’s opportunity for promotion.

Effective July 1, 2019, employees who are assigned to work on a temporary basis in a higher classification/rank shall receive five (5) percent in addition to the employee's regular rate of pay for shift employees and when the following conditions are met for non-shift employees:

A. A non-shift employee is assigned and works a minimum of fifteen (15) working days, at least seven (7) of which shall be consecutive working days.

Once the non-shift employee has performed in the acting position for the minimum number days indicated above, the additional pay rate shall commence sixteenth (16th) day of working within that assignment, whichever is applicable. Unless removed from such assignment for disciplinary or performance reasons, the employee who has completed the minimum requirements shall, for all subsequent temporary assignments to the same classification/rank, be paid at the higher rate for all hours worked. If removed from the assignment for disciplinary or performance reasons, the employee may after one year from the removal date, request to be reconsidered for eligibility to serve in any future available Brea Firefighters' Association July 1, 2024 – June 30, 2026 10 12464062.2 BR002-029
assignments that he or she may otherwise be qualified for. If granted, the employee will start the eligibility process again as if he or she had never been in the assignment and serve the time and eligibility requirements outlined above, as applicable.

In determining whether the employee has worked the required consecutive scheduled fire working days, absence due to regular City holiday or regularly scheduled day off shall not be counted as a break in consecutive days. Absences for illness or injury occurring during the assignment shall not count as a break in consecutive days as long as the employee is able to return to the same assignment and complete the minimum service time. If the illness or injury results in the employee not being able to return within thirty (30) calendar days, and/or the assignment is no longer needed when the employee returns, the employee shall receive credit for time served as non-consecutive time, and shall have to meet the minimum consecutive day requirements in a future assignment to the same classification/rank.

Voluntary absences, such as vacation, accrued holiday leave time, compensatory overtime off and leave without pay shall be considered a break in consecutive shifts/days and thereby cause an employee to be ineligible to receive working out of classification pay until the consecutive day requirements have been met.

SPECIAL ASSIGNMENTS AND COMPENSATION
All individual appointments to, or removal from, special assignments shall be made or revoked at the sole discretion of the Fire Chief, or designee, based upon minimum qualifying criteria, performance, physical capability, or Fire Department operational needs. Additions or reductions in the number of assignments shall be at the sole determination of the City based on budgetary and staffing needs. All special assignment pay shall be effective for only as long as the duty assignment remains in effect for the individual.

Variety of Special Assignments
The City shall provide special assignment pay as described below:

A. Administrative Sworn Employees. A sworn employee assigned to work on a full-time basis in Fire Administration shall receive ten (10) percent in addition to his/her regular rate of pay while working in that assignment.

When there is no conflict with his/her regularly assigned duties, a sworn administrative employee shall be permitted to work in a shift assignment but shall not receive the ten (10) percent additional pay while performing shift duties.

B. Twenty-four hour shift employees temporarily assigned to a forty (40) hour shift, except those employees so assigned as a light duty accommodation for temporary disability shall receive, after the fifteenth (15th) consecutive day worked, special assignment compensation of five (5) percent, in addition to the range and step for Brea Firefighters' Association July 1, 2024 – June 30, 2026 11 12464062.2 BR002-029
which such employee receives base compensation. If such assignment to a forty (40) hour shift is in excess of thirty (30) consecutive working days, the employee so assigned shall receive retroactive special assignment compensation of five (5) percent in addition to the range and step for which such employee receives base compensation commencing on the first work day so assigned. Employees assigned to 40-hour shift assignments as a light duty accommodation for temporary disability shall continue to receive their normal shift pay (i.e., as if they were still working the 24-hour shift) which preceded the disability accommodation period.

C. Paramedic. An employee appointed to a Paramedic assignment shall receive special assignment pay in the amount equal to fifteen (15) percent of "11th" step Firefighter in addition to his/her regular rate of pay.

Maximum Special Assignment Pay "Cap"
Excluding Paramedic assignment, the maximum allowable special assignment pay above base salary shall be ten (10) percent.

Bilingual Pay
An employee required to speak in Spanish or other languages in addition to English as part of the regular duties of his/her position, shall be compensated at the rate of $100 per month in addition to the employee's regular rate of pay.

The Human Resources Manager shall designate which languages shall be eligible for Bilingual Pay based on community needs.

The Human Resources Manager shall administer the taking of competency tests to certify the employee as eligible for Bilingual Pay based on the employee's proficiency in speaking Spanish or other languages. Such certification shall be a condition prior to qualifying for Bilingual Pay.

An employee may become eligible for Bilingual Pay at any time. An employee must be recertified immediately prior to each anniversary date of his/her certification to continue to be eligible for Bilingual Pay. If the employee fails to reapply or to become recertified, the Bilingual Pay shall cease at the beginning of the payroll period immediately following the employee's anniversary date. The employee is responsible to initiate the request for eligibility or recertification. After two (2) consecutive years of successful recertification, the employee shall only be required to participate in the recertification process every four years.

Uniform Allowance
The City shall provide a lump sum uniform allowance in the amount of $850 per fiscal year per employee. Uniform Allowance shall be reported as special compensation to CalPERS Brea Firefighters' Association July 1, 2024 – June 30, 2026 12 12464062.2 BR002-029
for “Classic” members only. Uniform allowance is not reportable as special compensation for new members under PEPRA. Reportable uniform allowance shall be reported to CalPERS in equal amounts per pay period despite being paid in a lump sum.

Uniform allowance shall be paid directly to the employee as early as feasible in July of each year. In order to comply with CalPERS reporting requirements for uniform allowance for Classic employees, allowance will be reported as earned on July 1. Earned period shall be defined to mean employed with the City on July 1. Payment for the uniform allowance will be paid in the pay period which includes July1.

New Employees- Newly appointed Firefighters shall be provided with an initial uniform by the Department. The reported value of that initial uniform is $750. The following July 1, the newly appointed Firefighter shall be eligible to receive a prorated amount of the $850 annual uniform allowance based on a one twelfth value for each month following the initial appointment. Thereafter, the employee shall be on the same annual cycle as other nonprobationary employees. (Example: New employee is appointed December 3rd. That employee is provided with his/her initial uniforms by the Fire Department. The following July 1, that employee receives 7/12s of the annual allotment {$495.83}, then on the next July1, begins receiving the full $850 allocation.)
A new employee who quits or is removed during probation within the first year of employment shall return the initially provided uniforms on his or her last day of employment with the City of Brea.

ARTICLE V – LEAVES

VACATION
Vacation Accruals
A. Non-Shift Employees. Non-shift employees shall earn and accrue vacation leave time at the following rates:

Following Vacation Accrual
Initial Hire 80 hours/year
Completion of 3 Years 120 hours/year
Completion of 7 Years 140 hours/year
Completion of 13 Years 160 hours/year
Completion of 16 Years 175 hours/year
Completion of 19 Years 200 hours/year
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B. Shift Employees. Shift employees shall earn and accrue vacation leave time at the following rates (which can vary per payroll period depending on the number of hours worked):

Following Vacation Accrual
Initial Hire 120 hours/year
Completion of 3 Years 180 hours/year
Completion of 7 Years 195 hours/year
Completion of 13 Years 240 hours/year
Completion of 16 Years 262.5 hours/year
Completion of 19 Years 300 hours/year
Maximum Accrual of Vacation Leave
Non-shift employees shall be entitled to accrue a maximum of four hundred (400) hours of vacation leave, and shift employees shall be entitled to accrue a maximum of six-hundred (600) hours of vacation leave.

Maximum/Minimum Vacation Leave
The maximum vacation leave time which may be taken by an employee shall not be greater than the number of vacation hours accumulated as of the end of the last payroll period immediately preceding the first day of the approved vacation.

Leave Scheduling
The Department will review, approve and arrange coverage for employees requesting leave time of three (3) or more shifts (including any combination of vacation, holiday or compensatory time off) at least twenty-eight (28) calendar days in advance of the requested date. Any requests for three (3) or more shifts presented in less than twenty-eight (28) days will be subject to the employee confirming replacement coverage and confirming such replacement with the shift Battalion Chief. For requests of fewer than three (3) shifts off, the Department will arrange coverage, if the request is presented at least fourteen (14) calendar days in advance. All requests for leave time presented less than fourteen (14) days in advance will be subject to the employee arranging for replacement coverage and confirming such replacement with the shift Battalion Chief.

Buy-Back of Vacation Leave Hours
Upon an employee's written request, the City will buy-back unused vacation hours subject to the following provisions:

A. A non-shift employee must have used one (1) consecutive work week of vacation leave within one (1) year prior to the date the employee is requesting a vacation buy- Brea Firefighters' Association July 1, 2024 – June 30, 2026 14 12464062.2 BR002-029
back. A shift employee must have used forty-eight (48) consecutive hours of vacation leave within one (1) year prior to the date the employee is requesting a vacation buyback.

B. Shift employees must maintain a minimum balance of one hundred sixty (160) hours in their vacation leave banks. Non-shift employees must maintain a minimum of eighty (80) hours in their vacation leave banks.

C. Beginning in December 2024, and each December thereafter, employees may irrevocably choose in writing, on a form available from the Human Resources Department, to cash out vacation time subject to the requirements of (A) and B above. Vacation time balances rolled over from prior calendar years are not eligible for cash out. Regardless of the number of hours irrevocably elected for cash out, the cash out will only be made from hours accrued during the calendar year and not used for time off or otherwise by the employee at the time of the cash out. An Employee may elect to cash-out up to the maximum number of hours said employee is entitled to earn the following calendar year based on the “Vacation Accruals” table listed above in Article V(A) and (B) if all other eligibility requirements to buy back vacation leave is met.

Employees may choose to receive the payout in one of the following manners:
- Two equal installments, with the first installment being paid on in the last full pay-period in June and one installment being paid in the last full pay-period in December.
- Or, one full installment being paid in the last full pay-period in December.

Employees will submit the irrevocable election form via email to Human Resources at [email protected] no later than December 31st in the calendar year prior to the cash-out year. Employees who do not submit an irrevocable election form by December 31st will be deemed as foregoing participation in the optional vacation leave cash out program for that following calendar year.

In the event an employee has less hours in their vacation leave bank at the time the cash-out is to be paid than they had previously elected to cash out, the employee shall only be paid for up to the amount that was accrued that calendar year that is remaining in their designated leave bank at the time of the actual cash-out.

If an employee makes an irrevocable election to cash out vacation leave in the following calendar year and uses vacation leave during that subsequent calendar Brea Firefighters' Association July 1, 2024 – June 30, 2026 15 12464062.2 BR002-029
year, the leave used may come from leave the employee had earned (if any) prior to January 1st of the calendar year the employee had elected to take the cash out from. The employee’s use of earned, but unused leave accumulated from previous calendar years shall not result in a reduction in the amount of leave hours the employee is eligible to cash out.

An employee who experiences an unforeseeable emergency may be permitted to make a new irrevocable election and/or to increase the amount of a previous election, subject to the same value that was permitted at the time the annual irrevocable election forms were due.

For these purposes, an “unforeseeable emergency” means a financial hardship to the employee resulting from any of the following:
• Accident, illness, injury or death of the employee or an immediate family member For this purpose, an “immediate family member” is restricted to a spouse, registered domestic partner, child/legal dependent, grandchildren, parent, grandparents, parents-in-law, siblings and siblings-in-law, or • Loss or extensive damage to the employee’s property due to casualty; or • Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the employee.

Whether an occurrence is an unforeseeable emergency shall be solely determined by the City Manager or designee.

The City shall make a form available for employees to make their irrevocable election.

HOLIDAYS
Non-Shift Employees
The City designates eleven holidays per year for non-shift employees as follows:

Independence Day, July 4
Labor Day, first Monday in September
Thanksgiving Day
The day following Thanksgiving Day
Christmas Eve, December 24
Christmas Day, December 25
New Year's Eve, December 31
New Year's Day, January 1
Martin Luther King Jr. Day, third Monday in January
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President's Day
Memorial Day, last Monday in May
Each non-shift employee shall accrue holiday hours at a rate of approximately four point fifteen (4.15) hours per eighty (80) regularly scheduled hours worked to a maximum of one-hundred eight (108) hours each fiscal year. Accrued Holiday hours shall be recorded on the employees paycheck stub.

When a designated holiday is taken off, the employee’s holiday accrual balance shall be debited in the amount of holiday hours taken off. Vacation and/or compensatory time off, shall not be utilized to fund a used holiday off, unless the employee’s holiday bank has a balance of hours less than the hours in a work day. In such case the existing holiday bank may be supplemented with vacation and/or compensatory time off earned hours to the extent necessary to equal the holiday hours taken off.

Newly hired (i.e. less than one year) employees who have not accrued vacation or other paid leave, may “borrow” from the holiday bank against future holiday accruals.

Employees leaving City employment with a negative holiday bank balance shall have the balance deducted from accrued vacation as of the date of employee’s separation.

Holiday balances remaining after the payroll period including the final February holiday, shall be paid to the employee in May (non-shift employees) or November (shift employees) at the employee’s basic rate of pay as of the date of the payoff.

Payoff of accumulated holiday hours shall be processed with the employee's regular payroll check. This check may also contain a payoff of accumulated compensatory time (refer to Article IV of this Memorandum of Understanding).

When the actual dates of Christmas Eve, Christmas, New Year’s Eve or New Year’s Day fall on a weekend or closed 9/80 day, to the greatest extent possible, the holiday will be observed by using the time to “pay” for the Holiday Closure days that are not otherwise covered by actual holidays. With the exception of this circumstance holidays shall be observed on Friday when the actual legal holiday falls on Saturday and holidays shall be observed on Monday when the actual legal holiday falls on Sunday.

Shift Employees
Twenty-four (24) hour "shift" employees do not have designated holidays. Shift employees shall accrue one hundred thirty-six point three (136.3) holiday hours per fiscal year. Accrued holiday hours shall be recorded on the employee's paycheck stub.

It is not the intention of the City to encourage the accumulation of holiday hours. A shift employee must submit a written request to his/her immediate supervisor prior to using accrued holiday leave time. Holiday leave time for shift employees may only be taken Brea Firefighters' Association July 1, 2024 – June 30, 2026 17 12464062.2 BR002-029
subject to the approval of the Fire Chief, or designee, after the consideration of the departmental workload and other staffing considerations such as, but not limited to, the approved leave schedule of other employees, sick leave and position vacancies, and impact of the used holiday upon overtime expenditures.

When a designated holiday is taken off, the employee’s holiday accrual balance shall be debited for sixteen (16) holiday hours for each holiday taken off with the employee having the option of using vacation, compensatory or holiday for the remainder of the shift.

Otherwise, vacation and/or compensatory time off, shall not be utilized to fund a used holiday off, unless the employee’s holiday bank has a balance of hours less than the hours in a work day. In such case the existing holiday bank may be supplemented with vacation and/or compensatory time off earned hours to the extent necessary to equal the holiday hours taken off.

Holiday hours taken by shift employees shall not exceed the same number of hours as the normal shift hours worked. Holiday hours accumulated and not taken prior to the payoff in November shall be paid at the employee's basic rate of pay as of the date of the payoff.

Payoff of Accrued Holiday Hours- Payoff of accumulated holiday hours shall be processed with the employee's regular payroll check. This check may also contain a payoff of accumulated compensatory time (Refer to Article V of this Memorandum of Understanding)

DONATION OF LEAVE TIME
Employees may donate, on an hour-for-hour basis, vacation, compensatory or holiday leave time to City employees who have exhausted all available accrued leave time due to a major medical condition.

SICK LEAVE AND BEREAVEMENT LEAVE
Sick Leave
Non-shift employees shall earn eight (8) hours of sick leave per month; shift employees shall earn twelve (12) hours of sick leave per month. Sick leave shall be earned, commencing on the first day of employment and shall accrue on a bi-weekly basis.

Personal Medical and Dental Appointments
Sick leave utilization for dental appointments, medical examinations and/or due to death or serious illness in the immediate family shall be limited to a maximum of one hundred fortyfour (144) hours for shift employees and ninety-six (96) hours for non-shift employees per Brea Firefighters' Association July 1, 2024 – June 30, 2026 18 12464062.2 BR002-029
fiscal year.

Sick Leave Authorization for Family Members And Victims of Domestic Violence, Sexual Assault and Stalking
An employee shall be allowed sick leave due to death or diagnosis, care or treatment of an existing health condition of a family member. Family member as used in this Article is limited to: the employee’s parents and grandparents (e.g., biological, adoptive, foster, by marriage or legal guardians), current spouse, registered domestic partner, children and grandchildren (regardless of age and dependency status, e.g., biological, adoptive, foster, or by marriage or registered domestic partnership, and in loco parentis relationships), parents-in-law (marriage or by registered domestic partnership), siblings, siblings-in-law (or by domestic partnership) and a designated person. In the event of death in the immediate family, a death certificate or other acceptable evidence may be required by the Fire Chief, or designee, before the sick leave is allowed. In the event of a serious illness to a family member, a medical certificate from an acceptable medical authority or a personal statement of such illness and an explanation of the need for the employee's absence, may be required by the Fire Chief, or designee after the first 3 work shifts (3 work days for 40 hour employees) of absence. Such leave may take travel time into consideration. The amount of sick leave used in either of these two circumstances shall be reported on the appropriate leave request form.

Sick leave may be used by an employee who is a victim of domestic violence, sexual assault, or stalking to: i) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or his or her child; or ii) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.

Notification to Supervisor
Any employee needing to be absent because of sickness or other physical disability shall notify the Fire Chief or immediate supervisor at least one (1) day prior to such absence if circumstances permit, or as soon thereafter as possible.

Return to Work After Sick Leave
An employee using sick leave pursuant to this Article and the City of Brea Human Resources Rules and Regulations, may be required by the Human Resources Officer to submit a medical certificate signed by a duly-licensed physician, surgeon or psychiatrist stating that the employee was incapacitated for the performance of his/her duties during the sick leave use and that the employee is now capable of performing his/her duties or such of his/her duties as enumerated in the certificate after an absence of 3 work shifts (or 3 workdays for 40 hour employees) or longer. The Human Resources Officer or his/her designee may Brea Firefighters' Association July 1, 2024 – June 30, 2026 19 12464062.2 BR002-029
require an employee to submit to a medical and/or psychiatric examination by a physician designated by the City before permitting the employee to return to work after the employee has been on sick leave. If the results of any such examination indicate that the employee is unable to perform assigned duties, or if performance of those duties will expose others to infection, the employee shall be placed on sick leave, compensatory time, vacation time, or leave without pay after all such leave has been used, until adequate medical evidence is submitted that the employee is competent to perform assigned duties or will not subject others to infection. In the event any certificate and/or report states that the employee is unable to perform the full range of duties of the position to which the employee is assigned, the City may assign the employee duties and responsibilities which the City believes the employee is capable of performing. In cases of disabling illness or injury, the Human Resources Officer or Fire Chief shall assess the City's ability to provide reasonable accommodation.

Medical Certificate Requirement
Any employee who makes application for sick leave due to illness or injury for a period of time longer than three (3) fire shifts for shift employees, or three (3) working days for nonshift employees, upon any single occasion may be required to submit to the Fire Chief, or designee, a medical certificate signed by a duly and regularly licensed physician authorized to practice medicine in the State of California. The medical certificate must set out the following:

A. That the employee has an illness or injury that prevents him or her from working; B. A statement that the employee is physically able to return to work; C. The effective date the employee is expected to return to work.

Falsification
Any employee falsifying reason for sick leave shall be subject to disciplinary action, up to, and including termination.

Bereavement Leave
An employee shall be allowed fifty (50) non-shift hours or one-hundred and twenty (120) shift hours, as applicable, of unpaid bereavement leave for each incident of a death of an immediate family member (as defined above in Sick Leave Authorization for Family Members). Employees shall be paid for the first 27 hours of bereavement leave for nonshift employees and 48 hours for shift employees. Employees may use any available leave balance (i.e. vacation, sick or holiday) to receive salary for bereavement leave hours above 27 hours for non-shift employees and 48 hours for shift employees. Bereavement leave hours shall not accrue or carry over to a new fiscal year.

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OTHER LEAVES
Leave of Absence Without Pay
The Fire Chief or designee may grant leaves of absence for a maximum of ninety (90) calendar days without pay to any employee if the circumstances of the particular case warrant and if the Fire Chief so recommends such leave of absence in writing. An employee, not under suspension, may make application for leave without pay after all available leave benefits, including vacation, compensatory time, holiday leave time, Family Care Leave, and sick leave (subject to eligibility to use sick leave) and any other leave benefits have been completely used. No employment or fringe benefits such as sick leave, vacation, retirement, or any other benefits shall accrue to any employee on leave of absence without pay; except, however, the City will continue to pay the employee's medical insurance up to the current maximum allowable under the current flexible benefit plan program for a maximum of three (3) months during any one (1) leave in any twelve (12) month period while an employee is on authorized leave.

Prior to the end of a leave of absence without pay, if the employee desires additional leave, written application must be made to the Fire Chief stating the reasons why the additional leave is required and why it would be in the best interest of the City to grant such leave of absence. If, in the Fire Chief’s opinion, such additional leave is merited and would still preserve the best interests of the City, he/she may approve such extensions of leave of absence for a period not to exceed an additional ninety (90) calendar days. If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence, the City shall consider that the employee has terminated his/her employment with the City. An employee on leave of absence must give the City at least a seven (7) day written notice of the employee's intent to return to work.

Leave of Absence With Pay
The Fire Chief, or designee, may authorize other leaves of absence with pay to employees for the performance of authorized duties in connection with City business, for attendance at trade, professional or other meetings and conferences which relate to official duties, or participation in recognized and approved training and related activities, within budgeted authorization.

Employee Association Leave
A reasonable number of the Executive Board of the Association recognized by the City Council shall be authorized leave of absence with pay according to the following provisions:

A. To meet and confer as requested by the City Manager; B. To perform necessary representational functions at times prearranged and approved Brea Firefighters' Association July 1, 2024 – June 30, 2026 21 12464062.2 BR002-029
by the Fire Chief, or designee, after consideration of the departmental work load and other staffing considerations; and
C. For such other matters where formal written approval has been granted by the City Manager or is required by law.

Association Time Bank
City agrees to allow Association members to each voluntarily contribute a block of five (5) hours of accrued vacation as of August 1 of each year, commencing August 2005, to an Association Time Bank. Hours donated shall be deducted from the donor’s accruals and converted to their cash value at the time of donation. Donor forfeits any claim to the leave time upon donation.

The Association Time Bank (ATB) is an account from which the Association Board may authorize paid leave to be taken by its members to conduct Association business. All leave requests are subject to regular Departmental leave policies, and authorized leave positions shall not be filled using mandatory staffing policies (Constant Staffing System).

Authorized leave under this section may be cancelled under the same criteria as other leaves, at the discretion of the Fire Chief.

Authorized ATB leave will be deducted from the bank at the regular hourly pay rate of the affected employee. If there is an insufficient balance in the bank, the difference between ATB time and the actual hours of authorized leave shall be charged to the affected employee’s personal vacation accrual.

Leave shall be requested in advance and submitted to the Operations Chief, using the proper leave request form, and including the signed authorization of the Association president or his/her designee.

Association indemnifies and holds harmless the City of Brea in the event any Association member challenges the use of donated leave time.

ARTICLE VI – FRINGE BENEFITS
Administration
The City reserves the right to select the insurance carrier, or to administer any fringe benefit programs that now exist during the term of this Memorandum of Understanding.

Selection and Funding
In the administration of the fringe benefit programs, the City shall have the right to select Brea Firefighters' Association July 1, 2024 – June 30, 2026 22 12464062.2 BR002-029
any insurance carrier or other method of providing coverage to fund the benefits included under the terms of this Memorandum of Understanding, provided that the benefits of the employees shall be no less than those in existence as of implementation of this Memorandum of Understanding.

Changes
If, during the term of this Memorandum of Understanding, any change of insurance carrier is proposed by the City, the City shall meet with the Association prior to any change of insurance carrier or method of funding the coverage.

HEALTH AND WELFARE BENEFITS
Flexible Benefit Plan
The City's Flexible Benefit Plan shall include, for the employee and eligible dependents, City sponsored health insurance plans including medical insurance, dental insurance, and optical insurance. The Flexible Benefit Plan shall also include, for employee only, shortterm disability, optional life insurance, deferred compensation, and education reimbursement for undergraduate college-level courses only.

Effective January 1, 2020, the maximum Flexible Benefit contribution for employees enrolled in a City sponsored medical plan shall be:

Single employee $800
Employee plus 1 dependent $1175
Employee plus 2 or more dependents $1550
Employees hired prior to January 1, 2006, who have opted out will continue to receive a $650 contribution. Employees hired on/after January 1, 2006, shall receive the amount shown for the plan level in which they have enrolled. Those hired on/after January 1, 2006, who opt-out of all the City health plans will receive $325 per month.

Employees who choose medical insurance coverage through the City but do not use the full amount of the Flexible Benefit contribution for optional benefits provided herein shall receive cash-in-lieu for the amount not used.

In order to receive cash for opt out or cash-in-lieu, the employee must annually submit to the City a form to be provided by the City that complies with the requirements of the Affordable Care Act.

Should the total cost of premiums for benefits selected under the Flexible Benefit Plan exceed the City's monthly contribution, the overage will be paid by the employee via pretax Brea Firefighters' Association July 1, 2024 – June 30, 2026 23 12464062.2 BR002-029
payroll deductions. The City will continue to pay the one-half percent (1/2%) administrative fee for the CalPERS Health Insurance Program medical insurance plan. If the administrative fee increases, the City shall meet and confer on the increase.

Retiree Medical Benefit
Within the monthly contribution amounts, the minimum employer contribution required by statute, as it changes from time to time ($157 per month in 2024) is considered to be the City’s contribution toward the CalPERS Health Insurance Program for medical insurance under the Public Employees’ Medical and Hospital Care Act “PEMHCA”) and shall be reported to CalPERS as such. This statutory minimum employer contribution under PEMHCA ($157 per month in 2024) shall be the City's PEMHCA contribution toward retiree medical insurance coverage. There is no opt out value for retiree medical coverage.

For employees hired into this unit prior to June 30, 2019, who retire from the City and choose to enroll in a PEMHCA plan, the City shall contribute the minimum PEMHCA contribution designated by CalPERS ($157 per month in 2024) plus the difference between $335 per month and the PEMHCA contribution designated by CalPERS ($157 per month in 2024) into a health reimbursement or similar tax preferenced account to be used for the premium.

The parties intend that the entitlement to receive a retiree medical benefit of $335 per month is a vested benefit for all employees hired by the City on or before June 30, 2017.

The inclusion of this vesting language is to comply with the Supreme Court’s decision in M&G Polymers v. Thacket, 135 S.Ct. 935 (2015), requiring that the intent to vest a benefit be explicitly set forth.

Effective June 30, 2019, for all new employees hired into this unit who retire from the City, and choose to enroll in a PEMHCA plan, the City’s medical contribution towards retiree health insurance shall be the PEMHCA minimum (as determined by CalPERS on an annual basis), not to exceed the actual cost of the plan selected. (PEMHCA minimum is $157 in calendar year 2024.)
While participating in the CalPERS Health Plans during the term of this Agreement, should CalPERS or legislative acts redefine the designated contributions for retirees to include Flexible Benefit Plan contributions; the parties will meet and confer on an alternative method of funding active employee benefits.

At such time during the term of this Memorandum of Understanding that education reimbursement is considered a taxable benefit under Internal Revenue Service Regulations, then education reimbursement shall be excluded as a Flexible Benefit Plan option.

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Life Insurance
Based on the life insurance policy limitations, the City shall provide each employee with a term life insurance policy with a benefit equal to one times the individual employee’s annual salary. An employee may purchase additional (optional) life insurance coverage at his/her own expense subject to the terms, conditions, and approval of the insurance carrier.

Section 125 Program
The City has implemented an Internal Revenue Section 125 program which allows employees to allocate specified amounts of monthly pre-tax salary or wages for the reimbursement of medical care expenses or dependent care expenses, or both. Employees who choose to participate in the program shall pay all subsequent program administration costs and/or fees.

Retirement Health Savings Plan
Employees may participate in the ICMA-RC retirement health savings plan (RHSP) pursuant to the regulations established by the Internal Revenue Service. This provision shall apply to all unit employees as required by the IRS regulations. Other employee contribution provisions may be implemented upon approval by the City and adopted prior to November 1 of any year, to be effective the first of the next following tax year (i.e., January). Effective with the payroll including January 1, 2009, all full-time employees will each contribute a mandatory $25 per month to the individual employee’s Retirement Health Savings Plan (RHSP). Contributions to an RHSP must comply with the mandatory contribution provisions provided under IRS regulations. City and BFA may create or amend contribution provisions prospectively to comply.

Effective within 30-days of the adoption of this agreement, the City shall amend the provisions of the RHSP to cease contributions by BFA employees and shall commence contributions to the IAFF Medical Expense Reimbursement Plan as set forth below.

A. DEFINED CLASS OF EMPLOYEES RECEIVING CONTRIBUTIONS. The “Defined Class” of employees receiving contributions to the IAFF Medical Expense Reimbursement Plan (hereafter, the “IAFF MERP”) of the WSCFF Employee Benefit Trust (hereafter, the “Trust”), as set forth below, consists of all employees of the City represented by BFA.

B. EMPLOYEE CONTRIBUTION AMOUNT. The City and the BFA agree that the City shall withhold a mandatory contribution of $75.00 per month on a pre-tax basis from the pay of every employee in the Defined Class and shall transmit such contributions to the IAFF MERP pursuant to the requirements in Section D below.

No employee in the Defined Class shall be permitted to opt-out of the mandatory Brea Firefighters' Association July 1, 2024 – June 30, 2026 25 12464062.2 BR002-029
contributions or receive any portion of the contribution in cash.

C. CITY CONTRIBUTION AMOUNT. Beginning July, 2025, the City shall make a mandatory employer matching contribution not to exceed $75.00 per month to the Trust on behalf of every employee in the Defined Class and shall transmit such contributions to the IAFF MERP pursuant to the requirements in Section D below.

No employee in the Defined Class shall be permitted to receive any portion of the employer contribution in cash.
.

D. REMITTANCE OF CONTRIBUTIONS. The City shall remit all IAFF MERP contributions directly to the custodian of the Trust within 30 days of the date the payment would have been payable to the employee. The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust in regard to reporting and depositing the required contributions set forth herein.

E. REPORTING TO TRUST OFFICE. The City shall electronically submit to the Trust Office a monthly [or per pay period] report of contributing employees for each contribution sent to the Trust, in the format requested by the Trust, and received by the Trust Office within five (5) days of receipt of the contribution funds. The report will include at a minimum: employee first and last name, with suffix as applicable; employee number; Social Security Number; employee status (e.g., active, on leave); date of birth; gender; date of hire; bargaining unit; date of change in bargaining unit, as applicable; home mailing address; City contribution amount; employee contribution amount; leave transfer amount, as applicable; separation date, as applicable; and separation reason.

The City shall also provide an initial report of contact information for all contributing employees to the Trust Office, in a format reasonably requested by the Trust, and shall send updates to this information to the Trust Office whenever the City has notice of changes to the information.

The Trust will provide a secure data transfer platform or process for transmission of this employee information to the Trust Office.

F. MODIFICATION OF EMPLOYEE CONTRIBUTION AND LEAVE AMOUNTS.

The City and the BFA agree that the BFA has the right, subject to approval of its members according to the BFA’s internal rules, to prospectively modify the amount of the mandatory employee monthly contribution (Section B), or to include a mandatory contribution of employee leave during the course of this Agreement, as long as the modification is mandatory for all employees in the Defined Class.

G. INDEMNIFICATION. The BFA agrees to indemnify and hold the City harmless from any liabilities of any nature which may arise as a result of the operations of Brea Firefighters' Association July 1, 2024 – June 30, 2026 26 12464062.2 BR002-029
the Trust, except for the obligation of the City to make and report on the nonelective transfer of contributions as described in this Section.

RETIREMENT
California Public Employees' Retirement System (CalPERS) All employees covered under this Agreement shall be members of the State of California Public Employees' Retirement System and are subject to all applicable provisions of the City's contract with CalPERS, as amended.

Retirement Formula - The CalPERS plan in effect for Safety Members hired before September 17, 2011, is the 3% @ 50 formula for Local Safety Members, based on single highest year. Except as noted below in the section titled “New Employees,” the CalPERS plan in effect for unit members hired as safety employees on or after September 17, 2011, is the 2% @ 50 formula, based on three highest years, and they shall be ineligible for the single highest year benefit,
Employee Contribution - Employees hired as “Classic” safety employees under the CalPERS definition pay the entire 9% CalPERS-mandated employee retirement contribution, as well as effective July 1, 2017, an additional one point five percent (1.5%), for a total CalPERS contribution of ten point five percent (10.5%). Effective the first full payroll period commencing on or after July 1, 2019, “Classic” safety employees in the unit shall pay an additional one point five percent (1.5%) for a total CalPERS contribution of twelve percent (12%). This twelve percent (12%) contribution shall be designated as an “Employer” contribution, until the City can amend its contract with CalPERS to make these “Employee” contributions.

The City and Association agree that their original intent was that the employees’ cost sharing payments described in this section, plus those made under the section titled “Single Highest year”, below be considered “Employee” contributions, which requires an amendment to the City’s contract with CalPERS. The City shall make all reasonable efforts to amend its contract with CalPERS per Government Code section 20516 retroactively to July 1, 2017 so that the employee cost sharing contributions described above as well as under the heading “Single Highest Year” below are considered employee contributions. The City shall contact CalPERS to begin the amendment process within 30 days of the ratification of this agreement by the City New Members - Pursuant to California Public Employees’ Pension Reform Act of 2013 (PEPRA), Local Safety Members in this unit who are and/or “new members” as those terms are defined in Government Code Section 7522.04 hired on or after January 1, 2013, are enrolled in the 2.7% @ 57 Retirement Formula for Local Safety Members (Government Code Section 7522.25(d) Safety Option Plan Two) based on the three Brea Firefighters' Association July 1, 2024 – June 30, 2026 27 12464062.2 BR002-029
highest consecutive years and shall be ineligible for the single highest year benefit.

PEPRA Employee Contribution - Pursuant to PEPRA, “new employees” or “new members” hired on or after January 1, 2013, shall individually pay at least fifty percent (50%) of the total normal cost of pension as is determined each year by CalPERS to be the employee contribution rate for the Defined Benefit Plan in which said newly hired employee is enrolled, rounded to the nearest quarter of one percent (1%) (Government Code section 7522.30).

Single Highest Year - All employees subject to the single highest year (one-year final compensation) benefit shall fund that benefit one hundred percent (100%), in the amount of

1.681% of CalPERS reportable “compensation earnable,” as it may from time to time exist.

Said funding shall be by means of a payroll deduction. Unit members hired after September 17, 2011 shall be ineligible for the single highest year benefit. 1959 Survivor Benefit- The CalPERS Retirement Plan has been amended to include the Fourth Level 1959 Survivor Benefit. The employee shall pay one hundred percent (100%) of all monthly costs for this benefit, in addition to the $2.00 monthly cost for the basic level 1959 Survivor Benefit. Said funding shall be by means of a payroll deduction.

Implementation of the above funding of the employee CalPERS contributions shall be accomplished by means of each affected employee incurring a payroll deduction each payroll period in the above amounts. Said payroll deductions shall be on a pre-tax basis pursuant to IRS Code Section 414(h)(2).

Social Security
In the event the City and its employees are required to participate in the Federal Social Security Program, the contributions designated by law to be the responsibility of the employee shall be paid in full by the employee and the City shall not be obligated to pay or "pick up" any portion thereof.

SERVICE CONNECTED INJURY OR ILLNESS
Industrial Leave
An employee who sustains illness or injury arising out of his/her employment or in the course of his/her employment shall receive compensation, hospitalization benefits, surgical and/or medical attention, and if necessary, industrial injury leave in accordance with the provisions of the State of California Workers' Compensation Insurance and Safety Act.

Should it be determined that an employee's illness or injury did not arise out of his/her employment, or in the course of his/her employment with the City, the employee's accrued, Brea Firefighters' Association July 1, 2024 – June 30, 2026 28 12464062.2 BR002-029
or if insufficient, future sick leave shall be charged to reimburse the City for any payments made to the employee for industrial leave.

Employees may be granted a maximum of one (1) year industrial leave pursuant to Labor Code Section 4850 for each injury or illness determined to be compensable under the Workers' Compensation Act.

No employee may use accrued sick leave while on industrial leave.

Vacation and sick leave shall accrue for an employee on industrial leave.

Expiration of Industrial Leave
Industrial leave shall expire when one of the following conditions occurs:

A. The employee is able to return to a modified duty assignment and the City has such an assignment available.

B. The employee is able to return to work to his/her regular position.

C. The employee is able to return to work to another position designated by the City.

D. The day before the employee is retired or separated from disability. The employee's "retirement date" shall be the first of the month after all the following occur and are determined by the City:

1. The employee's condition is determined to be permanent or of an extended duration;

2. The degree of disability precludes continued employment by the employee in his/her present position.

Return to Work After Service Connected Illness or Injury An employee claiming a service-connected injury or illness pursuant to the Labor Code of the State of California, as amended, may be required by the Human Resources Officer to submit a medical certificate signed by a duly-licensed physician, surgeon, or psychiatrist stating that the employee is capable of performing his/her duties or such of his/her duties as are enumerated in the certificate. The Human Resources Officer may require the employee to take an examination by a City designated physician, surgeon, or psychiatrist who shall make a report to the City as to the employee's ability to fully perform the duties and responsibilities of his/her position. In the event the certificate and reports enumerate less than all of the duties to which the employee may be assigned, the City may assign the employee duties and responsibilities which the City believes the employee is capable of performing. In cases of disabling illness or injury, the Human Resources Officer, or Brea Firefighters' Association July 1, 2024 – June 30, 2026 29 12464062.2 BR002-029
Department Director shall assess the City's ability to provide reasonable accommodation.

WELLNESS PROGRAM
The City shall contribute a maximum of $450 per fiscal year for each employee towards wellness and fitness programs for the employee, including any combination as provided hereinafter. Wellness expenses that are not preapproved prior to incurring the expense may not be reimbursed. Pre-approval is not required for Body Scans and Chiropractic or Medical Care when all other requirements are met. For ongoing Cardiovascular & Strength Training programs, only one pre-approval is required per program, unit employees do not have to be preapproved each year.

Medical Examination- Wellness money may be used for voluntary medical examinations.

The medical examination shall be conducted by a physician in active practice licensed by California State Law and within the scope of his/her practice as defined by California State Law. Employees are required to submit the cost of the medical examination through their medical insurance carrier prior to submitting a request for reimbursement from the City. An employee’s request for reimbursement must be submitted to the Human Resources Manager, and must be accompanied by an itemized receipt for expenses incurred and the “Explanation of Benefits” (EOB) statement from his/her medical insurance carrier.

Preventive or Diagnostic Heart, Stroke, and Body Scanning, and Chiropractic Care- The City contribution shall be available for reimbursement for the costs of a) preventive and diagnostic medical evaluations involving scientific scanning processes and similar noninvasive techniques, which are not reimbursable under the employee’s medical insurance plan, and b) chiropractic care not covered by the employee medical plan. Employees must provide an itemized receipt for expenses incurred and the “Explanation of Benefits” (EOB) statement from his/her medical insurance carrier (i.e., denial of benefits).

Weight Reduction- The City contribution shall be available for reimbursement of registration and meeting expenses for weight reduction programs. All subsequent requests for reimbursement submitted to the Human Resources Manager must be accompanied by an itemized receipt for expenses incurred, as well as verification of continued participation/attendance. Employees will not be reimbursed for the cost of food or dietary supplements included in a weight reduction program.

Cardiovascular and Strength Training Programs- Employees shall be entitled to reimbursement for cardiovascular and weight training programs. Reimbursable expenses must be pre-approved by the Human Resources Manager prior to incurring the expense.

All employee requests for reimbursement must be accompanied by an itemized receipt for expenses incurred showing the employee member’s name and dates of the covered enrollment period. Reimbursement will be made for the current program year only. If the employee pays for more than one program year, they will receive reimbursement for the Brea Firefighters' Association July 1, 2024 – June 30, 2026 30 12464062.2 BR002-029
second program year twelve (12) months after the first reimbursement.

Following are some examples of items that would, and would not qualify for Cardiovascular & Strength Training Programs & Equipment, a more comprehensive list is available in Human Resources:

Cardio/Strength Training Program Examples: Cardio/Strength Training Equipment Examples Qualified expenses Non-qualified expenses Qualified expenses Non-qualified expenses

 Gym membership
 Martial arts classes
 Personal trainer
 Yoga classes
 Dance classes
 Pool memberships
 Sports leagues (Hockey,
football, etc.)
 Wii Fit
 Exercise machines
(treadmill, elliptical,
stationary bike, etc.)
 Weights, weight
benches
 Punching bags
 Pedometer/Fitbit
 Bicycles
 Equipment floor mats
 Yoga Mats
 Gym clothes and
shoes
 Equipment
warranties
 Exercise DVDs
The Wellness Program does not reimburse for examinations or procedures for cosmetic or non-medically necessary services.

ARTICLE VII – PROFESSIONAL DEVELOPMENT
It is the goal of the City to recruit and maintain a workforce well prepared to meet the challenges of a modern municipal operation. As such, it is imperative that our employees:

A. Have the proper information and education needed to meet the challenges of today.

B. Are afforded the opportunities to prepare for the evolving skills and technology required to continue performing successfully throughout their career.

Except as may be authorized by the City Manager, employees shall be responsible for maintaining all minimum requirements necessary to occupy the classification assigned to them as outlined in the appropriate classification description (job description) and as may be necessary for any assignment or as otherwise delineated in this Memorandum of Understanding (MOU). Additionally, Employees shall be responsible for maintaining all certifications required by Federal and State law. All minimum job requirements and required certifications shall be maintained without additional compensation unless additional compensation is specifically authorized by this MOU. The City agrees to provide and schedule a reasonable number of courses per year for employees to maintain individual certificates. Employees attending certification maintenance courses shall not receive callback or overtime pay.

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Education Reimbursement
In addition to training provided by the City, each employee shall be eligible for reimbursement for voluntary education, training, and professional development as well as college level coursework. Education reimbursement monies shall only be applied to the verified cost of tuition, registration, course-related books, parking and laboratory fees for the approved education program. In order to be eligible for education reimbursement for college coursework as described herein employees must have attended a college or university accredited by the Western Association of Schools and Colleges (WASC) or an equivalent accrediting organization.

Tuition shall not be granted for on-line attendance or other attendances at what are referred to as “degree mills.” For purposes of this MOU only, a “degree mill” is an organization that awards academic degrees and diplomas with substandard or no academic study and without recognition by official educational accrediting bodies. These degrees are often awarded based on vaguely construed life experience. Some such organizations claim accreditation by non-recognized/unapproved accrediting bodies set up for the purposes of providing a veneer of authenticity.

Employees should submit a request for Education Reimbursement prior to the scheduled program and obtain approval from the Human Resources Manager or his/her designee.

Proof of completion of the approved education program or college course work shall consist of a certificate of completion, or other verification of participation, or a college transcript showing a letter grade of "C" or better, or in cases where no letter grade is given, a certificate of completion or written proof that the college course work was completed in a satisfactory manner. Upon completion of the approved program, requests for reimbursement may be submitted to the Human Resources Manager and must be accompanied by a receipt for all eligible expenses incurred.

Reimbursements from Other Sources. If an employee receives tuition payments or refunds for college-level course work from other sources, the City will contribute the difference between the amount the employee receives from the other source and the authorized costs incurred by the employee to the maximum amount cited below.

Reimbursement Schedule (Grandfathered Employees)
Association members currently in progress of obtaining a degree under the terms and conditions of the 2015-2018 MOU shall be grandfathered in and continue with the reimbursement provisions contained in that MOU. For those employees grandfathered into ongoing degree programs, and not subject to the “Successor Tuition Reimbursement Program,” the amount of education reimbursement available shall be $3,000, for the twelve (12) month period from September 1 through August 31. Eligibility for the $3,000 education reimbursement portion is conditioned upon providing proof of the classes being credited by the educational institution towards the degree being sought and enrollment of the employee Brea Firefighters' Association July 1, 2024 – June 30, 2026 32 12464062.2 BR002-029
in the degree program. Only associate’s, bachelor’s, or master’s degree programs will be eligible for the full $3,000 portion of the education reimbursement.

Reimbursement Schedule (Successor Tuition Reimbursement Program) Effective July 1, 2019, the maximum lifetime amount of education reimbursement available to each non-grandfathered employee shall be $12,000 for a bachelor’s degree and $12,000 for master’s degree (or a total of $24,000) obtainable on a reimbursable basis with proof of completion of the degree(s) and eligible expenses. If an employee has previously obtained a bachelor’s degree prior to employment with the City, then they shall be eligible to receive the lifetime maximum of $24,000 for a master’s degree.

An employee may submit for a partial payment in January after the completion of fifty percent (50%) of the units required for the bachelor’s or master’s degree or with the attainment of an associates of arts degree. The maximum available for the partial payment shall be no more than $5,000 based on reimbursement of eligible expenses. In January after completion of the bachelors’ degree or master’s degree, an employee may submit for reimbursement of eligible expenses for an additional $5,000. The employee may request reimbursement of the remaining $2,000 for eligible expenses in the month of January a minimum of one year after completion of degree. If the request for reimbursement of the remaining amount exceeds $5,000 for a master’s degree under the lifetime maximum provision, then the final amount will be reimbursed at an amount not to exceed $5,000 per year.

The amount of tuition reimbursement available annually for pre-approved professional development and certification courses to each employee shall be $750 for the twelve (12) month period September 1, through August 31, in which the course(s) are completed and requests receive final approval by the Human Resources Manager. Money used for professional development and certification courses will be deducted from the employee’s total annual tuition reimbursement allocation.

Any Association employee who voluntarily elects to separate from the City shall be required to reimburse the City for all tuition reimbursements received in the 24 months preceding such separation, at the rate of 1/24th for each full month he/she separates prior to twenty-four (24) months.

Certificate Achievement Pay Program
Employees meeting City-approved certifications listed below shall be eligible for additional compensation upon proof of achievement being provided to the Fire Chief. The eligible classes listed below are subject to amendment by mutual agreement of the Fire Association, the Fire Chief and Human Resources.

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Payment Structure
Each eligible certificate achieved shall result in an annual payment of $500 per certificate with a total annual payment cap not to exceed $2,500 regardless of the number of certificates obtained. When a certificate is obtained, the employee shall receive the single certificate pay for that certificate at that time, and shall subsequently receive an annual payment the following January of each year for the total of certificates received under this section, up to the maximum annual amount. Any and all classes taken from the list below are considered part of the Certificate Achievement Pay Program and are only eligible for the $750 total per year reimbursement from the Education Reimbursement section.

These certificate classes, and any classes added to Certificate Achievement Pay Program during the course of the year, are not eligible for the larger degree education reimbursement portion available.

Classification Eligible Course/Certificate
Firefighter: Truck Academy
Engine Boss “T” 3
Instructor I
Company Officer Certification
Chainsaw Operator/Faller 3 min.

Driver/Operator 1A and 1B
Rescue Specialist (includes RS1/RS2)
Confined Space Operational Technician 1
Specialized Rescue Technician 2
Fire Engineer: Fire Mechanic I/ NIASE Preventive
Truck Academy
Engine Boss “T” 3
Instructor II
Company Officer Certification
Chainsaw Operator/Faller 3 min.

Rescue Specialist (includes RS1/RS2)
Confined Space Operational Technician
Specialized Rescue Technician
Fire Captain: Truck Academy
Chainsaw Operator/Faller 3 min.

Strike Team Leader Engine (STEN) “T” 3
Instructor III
Chief Fire Officer
Rescue Specialist (includes RS1/RS2)
Confined Space Operational Technician
Specialized Rescue Technician
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For all ranks, includes Confined Space Operational and Trench Rescue 2 For all ranks, includes Vehicle Extrication, Swift Water Operational Technician, Haz-Mat First Responder, and ICS-200
3 For all ranks, includes Multiple Components (See Fire Admin for details) Certificates enumerated in the Association’s MOU Dated April 1, 2015 through March 31, 2018, as adopted by the Brea City Council are grandfathered in for those employees who obtained them prior to October 21, 2017 and shall be included in the calculations for purposes of determining certification pay. Those certificates are:

Firefighter: Investigator II
Instructor II
Fire Prevention Officer
Public Education Officer
Company Officer Certification
Fire Engineer: Investigator II
Instructor II
Fire Prevention Officer
Public Education Officer
Mtc Inspection
Fire Captain: Investigator II
Public Education Officer
Fire Protection Specialist
Firefighters promoting up to the ranks of Fire Engineer or Fire Captain, and Fire Engineers promoting up to the rank of Fire Captain shall continue to receive the annual payment for those certifications that also apply to the higher rank, and shall forfeit any certification pay that was applicable only to their former rank, and those individuals become eligible for any additional certification pay applicable to the higher classification. Certification pay ceases for employees no longer in the ranks of Firefighter, Fire Engineer, or Fire Captain.

ARTICLE VIII – OTHER PROVISIONS
Substance Abuse Policy
It is the responsibility of all affected employees to cooperate to protect the lives, personal safety and property of co-workers and fellow citizens. The parties hereto and all affected employees shall take all reasonable steps to accomplish these goals and to minimize potential dangers.

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It is in the best interest of the City, the Association, employees and the public to ensure that employees do not appear for work under the influence of drugs or alcohol, or possess illegal substances or alcohol while at work, because such conduct is likely to result in reduced productivity, an unsafe working environment, poor morale and increased potential liability to the City. "Under the influence of drugs or alcohol" means the knowing use of any illegal or legal intoxicating substances or knowing misuse of a prescribed or non-prescribed drug in a manner and to a degree that substantially impairs the employee's work performance or the ability to use City property or equipment safely.

The City pays for an Employee Assistance Program for employees who may have problems with drugs and/or alcohol. The City and the Association agree that every effort shall be made by the City to refer employees who have such problems to this counseling service for assistance.

The City shall, upon showing of reasonable suspicion that this policy is being violated, compel an employee who appears to be unable to perform any portion of his/her job to submit to a medical examination on City time and at the City's expense, which includes drug or alcohol screening. Refusal to submit to the test may be deemed insubordination and may subject the employee to discipline, up to and including termination. Nothing contained herein shall limit the City's right to discipline or discharge any employee.

Use of Tobacco Products
Employees hired on or after June 30, 1986, shall, as a condition of their continued employment, refrain from smoking tobacco at any time on or off duty. Violation of this condition of employment shall be deemed good cause for dismissal.

Promotional Examinations
City and Association have agreed to schedule promotional examinations for Fire Engineer and Fire Captain annually, however, the Fire Chief, in agreement with the Human Resources Manager, may agree to extend the eligibility list for an additional year when it is in the best interest of the City. If an eligibility list is extended no promotional examination will be conducted that year.

Parties have agreed to the following minimum requirements to compete for promotion:

A. Fire Engineer: Minimum certification of Driver/Operator 1A and 1B B. Fire Captain: Minimum Fire Officer Certification or Company Officer course requirements completed.

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Grounds Maintenance and Public Education
City and Association have agreed to delegate to the respective station Fire Captains the responsibility for arranging for and scheduling (1) exterior grounds maintenance (according to recommendations from the Public Works Department), and (2) public education services.

Firefighter Bill of Rights
Implementation of the Firefighter Bill of Rights (Government Code Section 3250 et seq.) shall be accomplished by an amendment to the City’s Human Resources Rules and Regulations, as provided in Exhibit “C” of this MOU.

Intergovernmental Fire Services Agreements
In the event the City enters into any agreement with an existing or new governmental agency to provide fire services the City will not decrease employee salaries, uniform pay, flexible benefit, leave accruals or retirement benefits during the term of this memorandum of understanding.

ARTICLE IX – LABOR MANAGEMENT RELATIONSHIP
City Rights
The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. Although the Association acknowledges the City’s Management Rights, as outlined in this Article, the Association does not waive its right to bargain effects of such decisions as required in the MeyersMilias-Brown Act (MMBA). The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights:

A. To manage the City generally and to determine the issues of policy.

B. To determine the existence or non-existence of facts which are the basis of the Management decision.

C. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services.

D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public.

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E. To determine methods of financing.

F. To determine the types of equipment or technology to be used.

G. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted.

H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation.

I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments.

J. To relieve employees from duties for lack of work or similar non-disciplinary reasons in accordance with the lay-off provisions set forth in Rule VII, Section 2, of the City of Brea Human Resources Rules and Regulations.

K. To establish and modify productivity and performance programs and standards.

L. To discharge, suspend, demote, or otherwise discipline employees for just cause in accordance with the provisions and procedures set forth in departmental disciplinary procedure, the Firefighter’s Bill of Rights and this Memorandum of Understanding.

M. To determine job classifications and to reclassify employees.

N. To hire, transfer, promote, and demote employees for non-disciplinary reasons in accordance with this Memorandum of Understanding.

O. To determine policies, procedures, and standards for selection, training, and promotion of employees.

P. To establish employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.

Q. To maintain order and efficiency in its facilities and operations.

R. To establish and promulgate and/or modify rules and regulations and to maintain order and safety in the City which are not in contravention with this Agreement.

S. To take any and all necessary action to carry out the mission of the City in emergencies.

Brea Firefighters' Association July 1, 2024 – June 30, 2026 38 12464062.2 BR002-029

EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
Employee Rights
Pursuant to California government Code Section 3502, the City and the Association agree that sworn fire employees shall have the right to form, join, and participate in the activities of the Brea Firefighters’ Association for the purpose of representation on all matters of employee-employer relations. The City and the Association recognize and agree that sworn fire employees shall also have the right to refuse to join or participate in the activities of the Brea Firefighters’ Association.

Furthermore, the City and the Association agree that neither the City or the Association shall interfere with, intimidate, restrain, coerce, or discriminate against sworn fire employees because of the exercise of their rights under Government Code Section 3502.

Representation
Sworn fire employees shall have the right to representation by an Association representative with respect to all matters within the scope of employee-employer relations, including due process (at employee’s request), in accordance with State law.

Dues and Association-Sponsored Insurance Premium Deductions The City shall deduct from each Association member's paycheck regular and periodic Association dues and Association-sponsored insurance program premiums. Such deductions shall be made upon receipt by the City of a signed authorization card from the Association member. Deduction authorization cards shall be furnished by the Association.

Indemnification
The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deduction or transmittal of funds to the Association; except upon the intentional failure of the City to transmit to the Association funds deducted from the employees pursuant to this Article.

Use of City Facilities
The Association may distribute pamphlets, brochures, and membership cards on City premises only during non-working periods of the employees involved.

Association Meetings
The Association may, with the approval of the Fire Chief, or designee, hold meetings with its members on City property during non-working hours, provided:

Brea Firefighters' Association July 1, 2024 – June 30, 2026 39 12464062.2 BR002-029
A. Request is made to and approved by the Fire Chief as to the specific location and dates of the meeting prior to such meeting. Requests shall state the purpose of the meeting and be accompanied by copies of the agenda, notices to members and any other written communications regarding such meeting.

B. Such meetings shall not involve political campaigns or fund-raising events.

C. The City may charge a reasonable fee to offset the cost for the use of City facilities.

Bulletin Boards
Space shall be made available to the Association on departmental bulletin boards provided such use does not interfere with the needs of the department. The Association shall use bulletin boards only for the following purposes:

A. Notice of recreational, social, or other related events.

B. Notice of scheduled Association meetings.

C. Information concerning Association elections and the results thereof.

D. Reports of official Association business, including Association newsletters, reports of committees and the Board of Directors of the Association.

E. Any other written material which has been approved and initialed by the Human Resources Officer, or designee. The Human Resources Officer must either approve or disapprove a request prior to posting.

Payroll Deductions
The City agrees to payroll deductions based on signed statements of authorization in a form acceptable to the City from the affected employee for (1) Association dues; (2) credit union savings and obligations; (3) specified charity contributions; (4) deferred compensation participation; and (5) insurance premiums. The Association and employees agree to defend and hold the City harmless and indemnify the City against any claims, causes of action, lawsuits or liability arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit to the Association funds deducted from the employees pursuant to this Article.

Any employee in this Association who has authorized Association dues deductions shall continue to have such dues deductions made by the City during the term of this MOU; provided however, that any employee in the unit may terminate such Association dues by notifying the Association in writing of his/her termination of Association dues deduction.

Such notification shall be in writing and delivered in person or by U.S. certified mail. The Brea Firefighters' Association July 1, 2024 – June 30, 2026 40 12464062.2 BR002-029
Association will provide the City’s Human Resources Division with written notification of the dues cancellations within ten (10) business days. The City shall process the changes the next full pay period following receipt by the City of the termination notice from the Association.

NO STRIKE - NO LOCKOUT
Prohibited Conduct
The Association, its officers, agents, representatives and/or members agree that they will not cause or condone any strike, walkout, slowdown, sick-out, or any other job action by withholding or refusing to perform services.

The City agrees that it shall not lockout its employees during the term of this Agreement.

The term "lockout" is hereby defined so as not to include discharge, suspension, termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this Agreement or applicable ordinance of law.

Any employee who participates in any conduct prohibited as noted in “Prohibited Conduct” above may be subject to disciplinary action up to and including termination.

In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed in “Association Responsibility” below , the City may, to the extent authorized by law, suspend any and all of the rights and privileges accorded to the Association under the Employer-Employee Relations Resolution and this Memorandum of Understanding, including, but not limited to dues deduction, the use of the City's bulletin boards and facilities, and the use of City paid time.

Association Responsibility
In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited as noted in “Prohibited Conduct” above , the Association or its duly authorized representatives shall immediately and in good faith instruct any employees engaging in such conduct that their conduct is in violation of this Memorandum of Understanding and is unlawful, and they should immediately cease engaging in the prohibited conduct and return to work.

If the Association performs all of the responsibilities set forth as noted in “Association Responsibility” above , its officers, agents and representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this Agreement.

Brea Firefighters' Association July 1, 2024 – June 30, 2026 41 12464062.2 BR002-029

ARTICLE X - MOU CONTRACT PROVISIONS

ENTIRE MEMORANDUM OF UNDERSTANDING
It is the intent of the parties hereto that the provisions of this Memorandum of Understanding shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel resolutions or Administrative Codes, provisions of the City, oral or written, expressed or implied, between the parties, and shall govern the entire relationship, and shall be the sole source of any and all rights which may be asserted hereunder. This Memorandum of Understanding is not intended to conflict with Federal or State Law.

Notwithstanding the provisions noted immediately above, there exists within the City certain Human Resources Rules and Regulations, departmental rules and regulations and other items and conditions of employment. To the extent that this Agreement does not specifically contradict these Human Resources rules and regulations, departmental rules and regulations, and/or other items and conditions of employment, they shall continue subject to being changed by the City in accordance with the exercise of City rights under this Agreement and applicable State Law.

Except as specifically provided herein, no employee in the bargaining unit shall suffer any reduction in salary or economic benefits, such as health insurance and life insurance, sick leave or vacation, as a result of entering into this Agreement.

EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder or national emergency, the provisions of this Memorandum of Understanding or the Human Resources Rules and Regulations of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the Memorandum of Understanding, any Human Resources Rules and Regulations, and policies.

SEVERABILITY
Should any provision of this Memorandum of Understanding be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of

12464062.2 BR002-029

EXHIBIT A
List of Represented Classifications
Firefighter
Fire Captain
Fire Engineer
12464062.2 BR002-029

EXHIBIT B
Salary Tables
Effective:

January 6, 2024 – July 5, 2024
July 6, 2024 – July 4, 2025
July 5, 2025 – June 30, 2026
12464062.2 BR002-029

EXHIBIT B
Salary Tables Effective 01/06/2024 – 07/05/2024
(MONTHLY)

JOB CLASS TITLE MINIMUM MAXIMUM
FIREFIGHTER $6,542.79 $8,376.38
FIRE ENGINEER $7,351.34 $9,411.53
FIRE CAPTAIN $8,631.09 $11,049.92
Salary Tables Effective 07/06/2024 – 07/04/2025
(MONTHLY)

JOB CLASS TITLE MINIMUM MAXIMUM
FIREFIGHTER $7,458.78 $9,549.07
FIRE ENGINEER $8,380.53 $10,729.14
FIRE CAPTAIN $9,839.44 $12,596.91
Salary Tables Effective 07/05/2025 – 06/30/2026
(MONTHLY)

JOB CLASS TITLE MINIMUM MAXIMUM
FIREFIGHTER $7,682.54 $9,835.55
FIRE ENGINEER $8,631.95 $11,051.01
FIRE CAPTAIN $10,134.63 $12,974.82
12464062.2 BR002-029

EXHIBIT C
Amendment to Human Resources Rules
and Regulations Regarding Firefighter Bill
of Rights
Amendment to Human Resources Rules and Regulations Regarding Firefighter Bill of Rights
Disciplinary Actions: On and after January 1, 2008, the investigation and process for disciplinary actions against non-probationary firefighters, fire engineers, and fire captains shall be consistent with the Brea Human Resources Rules and Regulations and Government Code Section 3250 et seq. (hereinafter referred to as the Firefighter Procedural Bill of Rights, or “FBOR”). In lieu of Brea’s Rule X, an appeal from a disciplinary action shall be conducted as provided below.

A. A written notice of a disciplinary decision (or “accusation” as that term is used in GC 11500 et seq.), shall be provided to the non-probationary firefighter, fire engineer or fire captain at least forty-eight (48) hours before the effective date.

The decision shall also include a copy of the employee’s rights to appeal the decision within fifteen (15) calendar days, and copies of GC 11507.5, 11057.6, and 11507.7.

B. Within fifteen (15) calendar days after delivery of a written notice of a disciplinary decision (or “accusation” as that term is used in GC 11500 et seq.), a nonprobationary firefighter, fire engineer or fire captain may file an appeal by serving a written Notice of Defense (see below) to the Human Resources Manager.

Failure to file such Notice of Defense within fifteen (15) calendar days, as determined by time-stamp upon receipt in the Human Resources Department office, shall be deemed a waiver of the employee’s right to appeal under the FBOR and the Administrative Procedures Act (GC 11500 et seq.).

C. The Notice of Defense shall include the following:

1. A request for hearing;

2. The basis of the appeal, including objections to the accusation(s) or the form of the accusation(s);

3. Admission(s) to any part of the accusation(s);
12464062.2 BR002-029

4. The name, address and telephone number of any designated attorney or other party representing the employee in the appeal;

5. The signature of the employee and the date signed.

D. In the absence of any express admission or objection, the Notice of Defense shall be deemed a specific denial of all parts of the accusation.

E. Upon receipt of the Notice of Defense, the City will contact the California Office of Administrative Hearings to request assignment to an administrative law judge and the scheduling of an appeal hearing. Further notices regarding the hearing will be provided to the employee and such parties as the employee included in the Notice of Defense. The hearing shall be conducted by the administrative law judge in accordance with GC 11508 et seq.
12464062.2 BR002-029
INDEX
DONATION OF LEAVE TIME 17
EMERGENCY WAIVER PROVISION 41
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES 38
ENTIRE MEMORANDUM OF UNDERSTANDING 41
FRINGE BENEFITS 21
HEALTH AND WELFARE BENEFITS 22
HOLIDAYS 15
LABOR MANAGEMENT RELATIONSHIP 36
LEAVES 12
MOU CONTRACT PROVISIONS 41
NO STRIKE - NO LOCKOUT 40
NONDISCRIMINATION 2
OTHER LEAVES 20
OTHER PROVISIONS 34
OVERTIME AND COMPENSATORY TIME 5
PROFESSIONAL DEVELOPMENT 30
RATIFICATION AND EXECUTION 42
RECOGNITION 1
RETIREMENT 26
SALARY AND WAGE PLAN 5
SCHEDULING/HOURS OF WORK AND ASSIGNMENTS 2
SERVICE CONNECTED INJURY OR ILLNESS 27
12464062.2 BR002-029
SEVERABILITY 41
SICK LEAVE AND BEREAVEMENT LEAVE 17
SPECIAL ASSIGNMENTS AND COMPENSATION 10
TERM OF MEMORANDUM OF UNDERSTANDING 42
VACATION 12
WELLNESS PROGRAM 29
WORKING OUT OF CLASSIFICATION 9
City of Brea
City Council Regular Meeting Communication
Ambulance Program Update
Meeting
Tuesday, June 18, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 6K
TO
Honorable Mayor and City Council Members
FROM
Lisa Keyworth, Emergency Preparedness Coordinator

RECOMMENDATION
Adopt Resolution 2024-051 Amending the Position Allocation List to add twelve full time Ambulance Operator positions and ten part-time Ambulance Operator positions and one part-time Administrative Clerk position within the Fire Department Ambulance Services division.

BACKGROUND/DISCUSSION
The City of Brea has an obligation to administer ambulance services under Health and Safety Code Section 1797.201 (Section 201). The Orange County Health Care Agency recognizes the City of Brea as an exclusive operating area. Pursuant to Section 201, the City has the right to continue to provide prehospital emergency medical services in the same manner and scope as it has been providing since January 1, 1981. This allows the City to maintain control over the ambulance program whether it is provided through a contracted transport company, or through in-house personnel.

The City and EAS executed the Agreement to memorialize the terms on which EAS provides ambulance transport services and ambulance billing services. Per the Agreement, EAS houses ambulances at Fire Stations 2 and 3 and two Emergency Medical Technicians (EMT) per station, per shift. The intent of co-locating the ambulances in the station was improved response times and better overall service to the community.

The Agreement requires EAS to provide all billing and collection services related to all prehospital ambulance services. EAS remits to the City a portion of the collected funds from Advanced Life Support (ALS) transports because this service is provided by the City’s firefighter/paramedic staff.

In order to better serve the Brea community, Brea Fire staff brought to Council on October 3, 2023 a proposal to develop a phased in-house ambulance program. Council gave direction to continue transport-only services with EAS until the in-house program is established, but in the interim, to contract with a separate third-party vendor to handle the ambulance billing component. Since the October meeting, there have been several accomplishments in the development of the in-house ambulance services program.

November 7, 2023 - Council appropriated funds and approved the purchase of three ambulances.

March 19, 2024 - Council appropriated funds and approved the purchase of the equipment for the ambulances.

April 16, 2024 - Council awarded Wittman Enterprises LLC (Wittman) a five-year contract for the ambulance transport billing and appropriated funds.

May 21, 2024 - Council approved Amendment No. 1 (First Amendment) to the January 18, 2022 Emergency Ambulance Services Agreement (Agreement) with Emergency Ambulance Service, Inc. (EAS) to reduce the scope by removing ambulance billing services and continuing only with ambulance transport services.

May 21, 2024 - Council adopted a new job description and salary table for Ambulance Operator, amended the position allocation list for FY 2024-25 to reflect the changes and placed the classification in the Part-Time Employment and Benefits Policy, and adopted compensation and benefits plan for full-time equivalent position.

The next steps for the in-house program is approval of the budget being presented. In order to implement the proposed change to staffing, the City Council will have to amend the Position Allocation List, which authorizes staffing levels to include twelve (12) full-time Ambulance Operators and ten (10) part-time Ambulance Operators, one (1) Administrative Clerk position in the Fire Department.

Upon approval of the budget, recruitment will begin for both full and part-time ambulance operators which will keep the program on track to go live in January of 2025.

When the in-house ambulance program was brought before Council in October of 2023, cost estimates were based on in-house ambulance programs from other Orange County cities. Projected revenue was based on call volume and the collection rate from ambulance transport billing. As development of the program began, true costs were realized and the actual budget created. The major differences between the initial proposal and the one being presented now are the hourly pay rate, the addition of part-time ambulance operators and an HR Technician, and the cost of the ambulances and equipment being much higher than anticipated.

The initial timeline for the development of the program had the ambulance purchases occurring in the same fiscal year as the third-party billing company assuming the billing functions. With the limited availability of ambulances, the ambulance purchases occurred much sooner than originally planned. The same holds true for the purchase of the equipment for the ambulances. The radios had a five-month lead time and prices were rapidly increasing. For this reason, the timelines and costs provided with the staff report from October do not line up directly with the costs currently being presented. In both scenarios, the ambulance program including transport and billing will provide cost recovery for the start-up costs after the first full fiscal year of operation. Both budgets are attached to this agenda report for reference.

SUMMARY/FISCAL IMPACT
The entire recommended Ambulance Services Division budget for FY 2024-25 including prior funding appropriation is $2,055,637 and will be accounted for in the Paramedic Services Fund (174). It is anticipated that the Ambulance Billing revenue will offset this cost by $2,004,106 and the balance of $51,531 is to be funded from fund balance available in the General Fund (110) and/or Paramedic Services Fund (174). The appropriation needed for this fiscal year is included in the FY 2023-25 Operating Budget adjustments being proposed this evening. Future years of the program will be fully funded from ambulance revenue.

COMMISSION/COMMITTEE RECOMMENDATION
This item was not heard at the Finance Committee meeting scheduled on June 11, 2024 due to lack of quorum.

RESPECTFULLY SUBMITTED
William Gallardo, City Manager
Prepared by: Lisa Keyworth, Emergency Preparedness Coordinator Concurrence: Mark Terrill, Fire Chief
Attachments
I H A b l P B d t 100323 df
In-House Ambulance Program Budget 100323.pdf
In-House Ambulance Program Budget 061824.pdf
RESOLUTION NO 2024-051 - Ambulance Services Program.pdf Cost Assumptions
Salary and benefits include retaining 12 Ambulance Operators and 1 part-time Administrative Clerk position, overtime costs, etc.

One-time ambulance transport equipment includes equipment necessary to supply each ambulance All other operating costs includes vehicle repairs, supplies, uniforms, training, general liability insurance, etc.

Capital costs include the purchase of three (3) new ambulances useful life is approximately 7 years

IN-HOUSE AMBULANCE PROGRAM
COST ESTIMATE FY 2023-24 FY 2024-25 FY 2025-26
Revenues
Ambulance Billing Revenue (Net collections) $ - $ 2,004,106 $ 2,149,356 $ - $ 2,004,106 $ 2,149,356
Expenditures
Salary and Benefit Costs $ - $ 701,671 $ 1,403,343 Operating Costs Ambulance Billing Contract $ - $ 86,000 $ 92,000 Ambulance Transport Contract with EAS $ - $ 993,165 $ - Ambulance Transport Equipment (One-Time) $ 340,997 $ - $ - Ambulance Overhead Expenses $ - $ 107,500 $ 336,646 All Other Operating Costs $ - $ 167,301 $ 167,301 Capital Costs (One-Time) $ 996,078 $ - $ -
$ -
$ 1,337,075 $ 2,055,637 $ 1,999,290
$ (1,337,075) $ (51,531) $ 150,066
Cost Assumptions
Revenue• Billing revenue projected by ambulance billing provider based upon incident data and projected for FY 2023-24• Does not include any supplemental revenue that may be available for public operated ambulance programs Expenditures
• Salary and Benefits includes 12 FT Ambulance Operators; 10 PT Ambulance Operators; 1 FT HR Technician; 1 PT Admin Clerk, overtime, etc.• Ambulance Billing Contract based upon a rate of 4.25% of net collections • Ambulance Transport Contract with Emergency Ambulance until January 2025• Ambulance Transport Equipment includes costs associated to supply each ambulance• Ambulance Overhead Expenses includes vehicle maintenance & replacement, information technology, etc.• All Other Operating Costs includes costs associated to uniforms, training, program supplies, etc.• Capital costs include the purchase of three (3) new ambulances. Useful life is approximately 5-8 years Total Expenditures
Total Revenues
Revenues over Expenditures
RESO NO. 2024-051
June 18, 2024
1 RESOLUTION NO. 2024-051

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA AMENDING

THE POSITION ALLOCATION LIST TO ADD TWELVE FULL-TIME

AMBULANCE OPERATOR POSITIONS AND TEN PART-TIME AMBULANCE

OPERATOR POSITIONS AND ONE PART-TIME ADMINISTRATIVE CLERK

POSITION WITHIN THE FIRE DEPARTMENT AMBULANCE SERVICES

DIVISION
A. Recitals.
(i) Section 2.08 of the Brea Municipal Code provides that the City Council shall prepare, revise and maintain a position classification plan covering all positions within the classified services, including employment standards and qualifications for each classification.
(ii) The Brea Municipal Code provides that the City Council shall approve a plan of compensation directly correlated to the position classification plan and a rate or range of pay for each classification.
(iii) It is necessary, from time to time, to review and adjust the classification and compensation plan to reflect the changing organizational responsibilities of the City and to insure the efficient economical operation of the various City departments.
(iv) On May 21, 2024 the City Council approved Resolution No. 2024-036 amending the existing position classification plan to adopt the Ambulance Operator Classification and salary range.
(v) In order to most effectively implement and monitor the position classification plan, it is necessary, from time to time, to amend the Position Allocation List RESO NO. 2024-051
June 18, 2024
2 which specifies the actual number and distribution of authorized positions within the City.

B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Brea to:

1. Amend the City’s existing Position Allocation List for FY 2024/25 to add twelve Full-Time Ambulance Operator positions to the Ambulance Services Division of the Fire Department.

2. Amend the City’s existing Position Allocation List for FY 2024/25 to add ten Part-Time Ambulance Operator positions to the Ambulance Services Division of the Fire Department.

3. Amend the City’s existing Position Allocation List for FY 2024/25 to add one Part-Time Administrative Clerk Classification to the Ambulance Services Division of the Fire Department.

APPROVED and ADOPTED THIS 18TH DAY OF JUNE, 2024.
______________________________
Christine Marick, Mayor
ATTEST: __________________________
Lillian Harris-Neal, City Clerk
RESO NO. 2024-051
June 18, 2024
3 I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Brea, held on the 18th of June 2024, and was adopted by the following votes:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

DATED: ______________________________
_____________________________________
Lillian Harris-Neal, City Clerk
City of Brea
City Council Regular Meeting Communication
Cooperative Agreement between the City of Brea and the County of Orange Regarding the Olinda Alpha Landfill Meeting
Tuesday, June 18, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 6L
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager

RECOMMENDATION
Staff recommends that the City Council take the following actions:

1. Approve the Cooperative Agreement with the County of Orange regarding the Olinda Alpha Landfill.

2. Amend the City’s Fiscal Year 2023-25 Operating Budget to appropriate $6,500,000 in the City’s General Fund to be received in two (2) installments of $3,250,000 within sixty (60) days of execution of the Cooperative Agreement.

BACKGROUND/DISCUSSION
Overview:

The County of Orange (“County”) owns and operates the Olinda Alpha Landfill (“Landfill”). The Landfill opened in 1960 and is located at 1942 North Valencia Avenue. Although this location is just outside the City of Brea’s corporate limits, the site is within the City’s Sphere of Influence, and the City is considered to be a “host city” for the Landfill. To address continued operation of the Landfill, the City and County executed a July 14, 2009 Cooperative Agreement (“2009 Agreement”). The 2009 Agreement contemplated that the Landfill would operate until it reaches its design buildout final elevation of 1,415 feet average mean sea level (“amsl”), which was anticipated to occur by December 31, 2021.

The Landfill still has not reached the 1,415 amsl elevation primarily due to settlement occurrences and successful conservation efforts. Specifically, these conservation efforts include: the use of alternative daily cover; disposal practices and technologies that maximize space; State laws that mandate the diversion of solid waste materials; and utilizing a smaller working face that necessitates the acceptance of reduced daily tonnage. Currently, the Landfill is operating under a Solid Waste Facility Permit with an estimated closure date of December 31, 2036.

Despite having authorization to continue the Landfill’s disposal operations through 2036, the County is anticipating that the Landfill waste disposal daily tonnage intake will begin to decline as soon as June 30, 2025, due to two factors. First, the importation of out-of-county waste will expire on June 30, 2025, which will eliminate out-ofcounty waste haulers from traveling through the City to dispose at the Landfill. Second, the County has indicated that the Landfill’s intake of daily waste disposal tonnage will also decline thereafter, as the Landfill reaches capacity.

In the past few years, the County also has had to respond to various legislation that requires the diversion of organic material, such as Assembly Bill (“AB”) 1826 (2014), AB 1594 (2014), and Senate Bill 1383 (2016). The County has implemented new technologies at the Landfill in order to comply with these laws. Future technologies at the Landfill site may be necessary if the State continues to increase mandates regarding waste diversion efforts.

To mitigate the impact of the delayed closure and the accommodation of new technologies, the City’s Landfill Ad Hoc Committee and the County have engaged in extensive negotiations regarding an amendment to the 2009 Cooperative Agreement. The negotiations have resulted in the mutual desire to replace the 2009 Agreement with a new Cooperative Agreement (“New Agreement”), which is attached for City Council review and consideration.

Essentially, the New Agreement would continue the County’s existing operational commitments for the Landfill, would establish guidelines for Landfill-related communications between the City and the County, and would provide the City with one-time and ongoing funding. In exchange, the City would commit to cooperate with and support the County’s projects at the Landfill, as long as reasonably foreseeable, potentially significant environmental impacts are mitigated and disposal operations will not be extended beyond 2036.

Background
Landfills play a crucial role in maintaining public health and safety in densely populated urban regions such as Southern California. The Landfill is one of three active municipal waste landfills in Orange County (the others are in Irvine and San Juan Capistrano). Disposal of solid waste in the County’s three landfills is governed by a 2009 Waste Disposal Agreement (“WDA”) and subsequent amendment in 2016. Pursuant to the WDA, municipalities in Orange County have agreed to: (i) deposit their solid waste at the County’s three landfills in return for low, stable disposal rates; and (ii) permit the importation of out-of-county waste into the Landfill. The current WDA is set to expire on June 30, 2025.

Various Environmental Impact Reports (“EIRs”) have been created to assess the impacts of changes in landfill operations, and mitigation measures have correspondingly been identified to address these impacts. On April 17, 2007, the Orange County Board of Supervisors ("Board of Supervisors") approved Final EIR Number 588 for the Landfill. That document analyzed various environmental impacts and provided mitigation measures for the continued operations of the Landfill. Since then, the Board of Supervisors has approved Addendums to the Final EIR 588 to analyze impacts associated with operational changes at the Landfill.

Most recently, on December 22, 2020, the Board of Supervisors approved Addendum No. 6 to Final EIR 588, which analyzed the impacts created by extending the intake of waste at the Landfill through December 31, 2036.

Addendum No. 6 indicated that the extension of the Landfill’s waste intake through 2036 would not result in any new significant environmental impacts that were not previously analyzed in Final EIR No. 588, nor would it result in a substantial worsening of any significant environmental impacts that were previously analyzed in Final EIR No. 588.

However, despite its approval of mitigation measures for the Landfill, the County recognizes that some impacts are hard to quantify and address. Therefore, the County has negotiated the New Agreement with the City to provide additional benefits as a result of the City’s hosting a regional facility.

New Agreement
Key benefits of the New Agreement include:

The County will consider alternative operations and operational hours, potentially reducing the amount of truck traffic due to reduced hours for receipt of refuse or eliminating waste transfer truck access to the Landfill on Saturdays.

Should the County desire to pursue the development of any new technologies at the Landfill, the County will discuss such technologies with the City in advance of the California Environmental Quality Act process.

The City shall have a right of first refusal of any excess benefits of new technologies developed at the Landfill.

Host fees will continue for waste disposal operations, and host fees will also apply to the processing of inbound diverted material for which the County is compensated.

When the State imposes new waste and recycling mandates, as feasible, the City and County will work on joint ventures to pursue the development of new technologies and/or grant funding in order to achieve compliance.

The County reaffirms that the future use of the Landfill is proposed to be a passive use wilderness park, once all closure and post-closure maintenance activities permit recreational use of the site.

In addition to the passive use wilderness park, the County will consider the feasibility of developing a public access wilderness trail around portions of the Landfill.

As the Landfill reaches its capacity, available space will be accessible for Brea residents.

The County will automatically adjust the City’s host fee to match any higher host fee that is approved for Irvine or San Juan Capistrano, unless a higher host fee for one of those municipalities is based on a jurisdiction-specific impact.

The County will continue to provide environmental education program funding to the City annually.

The County will provide two equity payments to the City to be used as general mitigation for Landfill impacts, as well as for community amenities, including, but not limited to: environmental and transportation improvements; open space acquisition; parks and trails development; and equestrian and recreational facilities.

Within thirty (30) days of executing the New Agreement, the County shall make an initial payment of $3,250,000.00 to the City’s General Fund.

Within sixty (60) days of executing the New Agreement, the County shall make a second payment of $3,250,000.00 to the City’s General Fund.

Therefore, the County would provide the City $6,500,000.00 in equity payments to the General Fund within sixty (60) days of executing the New Agreement.

Staff believes that the proposed New Agreement offers a fair resolution of all issues concerning the extension of the Landfill’s disposal operations to 2036, as well as issues concerning diversion and other operations at the Landfill.

Pending City Council approval of the recommended actions, the Board of Supervisors is anticipated to consider the New Agreement at an upcoming Board of Supervisors meeting.

FISCAL IMPACT/SUMMARY
Approval of the New Agreement would result in two payments of $3,250,000 within sixty (60) days of execution to be made to the City’s General Fund (110), for a total contribution of $6,500,000.

Additionally, the City would continue to receive a $1.50 per ton host fee for landfill waste through 2036, and the City would receive a similar host fee for inbound diverted material for which the County is compensated. Host Fees are paid to the General Fund (110), Community Benefit and Economic Development Fund (140), and the Capital and Mitigation Improvement Fund (560). No budget appropriation is required at this time.

Furthermore, the City would also continue to receive $25,000 annually for environmental education funding, so long as the City has a valid WDA or like-agreement. These funds are already budgeted in the current Operating Budget in the Sanitation and Street Sweeping Fund (440).

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Melissa Davis, Community Development Manager Concurrence: Terence Boga, City Attorney
Attachments
New Cooperative Agreement Regarding the Olinda Alpha Landfill - 1 of 16 -
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COOPERATIVE AGREEMENT BETWEEN THE CITY OF BREA AND THE COUNTY

OF ORANGE REGARDING THE OLINDA ALPHA LANDFILL
THIS COOPERATIVE AGREEMENT (“Agreement”) is entered into on this ___ day of______________, 2024 by and between the City of Brea, a General Law City in the State of California (“City”) and the County of Orange, a political subdivision of the State of California, through its OC Waste & Recycling department (“County”), through their respective legislative bodies. City and County may be herein referred to individually as a “Party” or collectively as the “Parties.”
WHEREAS, the Orange County Board of Supervisors approved Final Environmental Impact Report Number 588 for the Olinda Alpha Landfill (“Landfill”) on April 17, 2007 (Final EIR 588), which analyzed the significant environmental impacts and provided mitigation measures for the continued operation of the Landfill until the Physical Key Design Parameters are reached; WHEREAS, the Orange County Board of Supervisors approved Addendum No. 5 to Final EIR 588 on March 31, 2014, which analyzed the impacts associated with the Management of High Tonnage Days at the Landfill and the Landfill’s acceptance of up to 10,000 tons per day for up to 36 days per year;
WHEREAS, County and City are Parties to the Cooperative Agreement between the City of Brea and the County of Orange Regarding the Olinda Alpha Landfill dated July 14, 2009 (“2009 Agreement”) which addressed their interests regarding the Landfill, and sought to compensate City for all costs and impacts incurred by City related to the operation of the Landfill through the previously anticipated Landfill closure date of December 31, 2021, and included a provision that Landfill operations shall be limited to an annual average of 7,000 tons/day of municipal solid waste (“MSW”);
WHEREAS, in accordance with the terms of the 2009 Agreement, County notified City that the Landfill had not reached its permitted capacity of 1,415 feet average mean sea level (“amsl”) and that County intended to continue to operate the Landfill beyond December 31, 2021 and County and City entered into discussions regarding a potential amendment of the 2009 Agreement to reflect current circumstances and changes in law, which led to this Agreement WHEREAS, the Orange County Board of Supervisors approved Addendum No. 6 to Final EIR 588 on December 22, 2020, which analyzed the impacts associated with the continued operation of the Landfill until the Physical Key Design Parameters for the Landfill are reached, estimated at the time to occur by December 31, 2036, due to the Landfill filling up more slowly than originally anticipated;
WHEREAS, the Landfill has an approved fill design elevation of 1,415 feet amsl as reflected in Final EIR 588 and the Landfill’s July 8, 2021 Solid Waste Facility Permit (“SWFP”); WHEREAS, the SWFP authorizes the Landfill to accept a maximum daily permitted tonnage of 8,000 tons/day of MSW for 271 days/year and 10,000 tons/day of MSW for 36 days/year and estimates cessation of Disposal Operations at the Landfill in 2036, based on the Landfill operation reaching the final approved fill design elevation of 1,415 feet amsl; - 2 of 16 -
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WHEREAS, the Parties executed Amendment Number One to Cooperative Agreement on April 28, 2016 (“2016 Amendment”), which increased Host Fees paid to City for Out-of-County Waste and established payment of up to $25,000 per fiscal year for environmental education programs to be developed cooperatively between City and County; and WHEREAS, the Parties desire to enter into a new Cooperative Agreement to replace the 2009 Agreement and the 2016 Amendment, and restate their rights and obligations regarding the Landfill in one document that reflects recent legislative changes and other matters of mutual concern of the Parties.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

A. Definitions

1. City Acceptable Waste: All Acceptable Waste (as that term is used in the July 23, 2009 WDA (defined below) executed by the Parties or in a WISE Agreement (defined below) subsequently executed by the Parties) which was originally discarded by the first generator thereof within the geographical limits of City. City Acceptable Waste includes organic material that is ultimately diverted from the Landfill.

2. Closure and Post Closure Operations: Landfill operations associated with performance of all Landfill closure and post closure requirements, including but not limited to those found in 40 Code of Federal Regulations (“CFR”), Part 258, Subpart F, as that Code pertains to Closure and Post Closure Operations. These activities are anticipated to extend beyond the estimated Disposal Closure Date of December 31, 2036.

3. Disposal Closure Date: The date upon which the Landfill has met: (i) the approved fill design as stated in Landfill Environmental Documents (defined below) and the SWFP; and (ii) the requirements found in 40 CFR, Part 258, Subpart F, as that Code pertains to Closure and Post Closure Operations. The Landfill is currently estimated to reach its approved fill design elevation of 1,415 feet amsl on December 31, 2036.

4. Disposal Operations: Landfill operations associated with the acceptance and burial of Disposed Municipal Landfill Waste at the Landfill. These activities are expected to end upon the Landfill reaching its approved fill design elevation of 1,415 amsl.

5. Disposed Municipal Landfill Waste: Amount of non-Exempt Waste that is ultimately disposed of and buried at the Landfill. Tonnage in this category is tracked and calculated in connection with City’s Host Fee as provided in Section H of this Agreement.

6. Diversion Operations: Landfill operations associated with the acceptance, processing and the ultimate diversion off-site of organic and other material initiated to comply with current and future legislation (including other organic diversion - 3 of 16 -
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requirements that may be initiated). These activities are anticipated to extend beyond the estimated Disposal Closure Date of December 31, 2036.

7. Exempt Waste: Material that is accepted at the Landfill free of charge or beneficially used on-site. Examples of Exempt Waste include but are not limited to soil, crushed asphalt, road base, material recovery facility fines, processed green material, compost, food waste, source separated organics, and mattresses.

8. Host Fee: An annual amount paid to City for Disposed Municipal Landfill Waste, Organic Material, and other inbound diverted material at the Landfill excluding City Acceptable Waste and Exempt Waste as reflected in Section H of this Agreement.

9. Landfill: The Olinda Alpha Landfill located at 1942 N. Valencia Avenue, Brea, CA 92823.

10. Landfill Environmental Documents: Final EIR 588, Addendum No. 5 to Final EIR 588, Addendum No. 6 to Final EIR 588 and any associated Joint Technical Documents, Attachments or Exhibits to those documents.

11. Mitigation Measures: All County actions taken to mitigate impacts caused by operations at the Landfill including but not limited to efforts taken pursuant to applicable EIRs, past agreements and payment of host fees and equity payments and other consideration as provided in this Agreement.

12. Physical Key Design Parameters: The approved landfill design as provided in the Landfill Environmental Documents and the SWFP, which identify the Landfill’s permitted area, design capacity, maximum elevation, maximum disturbance limits and waste depth.

13. SWFP: July 1, 2021 Solid Waste Facility Permit for the Landfill or any successor Solid Waste Facility Permit issued for the Landfill.

14. WDA: Waste Disposal Agreement.

15. WISE Agreement: Waste Infrastructure System Enhancement Agreement.

B. Public Health and Safety
County agrees it is responsible for the proper operation, maintenance, and monitoring of the activities that take place at the Landfill. Landfill operations shall be enforced to ensure public health and safety are protected. County agrees to the following conditions which are provided to achieve the continued environmentally safe operations at the Landfill.

1. Adherence to State Standards:
a. County will conduct all activities at the Landfill in compliance with applicable laws.
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b. The Landfill will continue to be operated in conformity with State regulations for a Class III landfill as contained in the applicable Chapters and Sections of the California Code of Regulations (“CCR”), Title 14, Title 23 and Title 27, and will be subject to regulatory enforcement actions, fines and/or other sanctions in the event of nonconformity. Strict adherence to applicable regulatory standards is the legal responsibility of County.

2. Surface and Groundwater Quality:
a. Desiltation basins, surface water quality sampling, and hazardous and toxic materials management procedures will be established and maintained to reduce nonpoint source pollution discharges to “the maximum extent practicable.” All applicable Best Management Practices (“BMPs”) shall continue to be implemented at the Landfill.
b. All Surface and Groundwater Hydrology and Water Quality Mitigation Measures found in the Landfill Environmental Documents shall be followed. c. County shall meet all applicable National Pollutant Discharge Elimination System (“NPDES”) standards.

3. Methane Collection, Migration and Control Systems:
a. Activities at the Landfill shall be conducted under and in compliance with: (i) South Coast Air Quality Management District (“SCAQMD”) Rule 1150.l; (ii) the regulations in CCR Titles 14, 23, and 27; and (iii) other applicable rules and regulations.
b. County will monitor and maintain the peripheral monitoring probes as required by the Local Enforcement Agency (“LEA”) and SCAQMD to detect lateral gas migration.
c. County will monitor and maintain a gas collection system per requirements set forward by SCAQMD and the California Department of Resources Recycling and Recovery (“CalRecycle”).

4. Hazardous Waste Exclusion and Training:
a. County will continue operating a load check program as identified in CCR Titles 14, 23, and 27.
b. Hazardous materials removed shall be stored in compliance with State requirements.
c. County shall defend, indemnify and hold City harmless regarding Landfill related hazardous materials cleanup to the extent permissible by the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). This indemnity is intended to operate as an agreement pursuant - 5 of 16 -
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to § 107(e) of CERCLA, 42 U.S.C § 9607(e), and California Health and Safety Code § 79860, to defend, protect, hold harmless and indemnify City from all forms of liability under CERCLA, the Resource Conservation and Recovery Act (“RCRA”), other statutes or common law from any and all matters addressed in this subsection, and shall be limited to the extent of City’s liability.

This provision shall survive the expiration or termination of the Agreement. d. County will ensure that operating personnel are trained in accordance with CCR Title 8, section 5192(e)(3) or as otherwise required by law.

C. Operating Procedures
County will manage Landfill operations in compliance with all applicable law and regulation including the Joint Technical Document and will use BMPs including, but not limited to:

1. Operational Hours: Except as provided in Section C(2) of this Agreement, County will comply with operating hours as set in the Landfill’s SWFP which currently authorizes receipt of refuse from 6:00 a.m. to 4:00 p.m. Monday through Saturday.

2. Consideration of Alternative Operations and Operational Hours: Within one year of execution of this Agreement, County agrees to initiate an evaluation of available options to further limit Landfill traffic and noise impacts in City’s territory, and County shall diligently undertake such evaluation until completion. County’s evaluation will be shared with City and will include consideration of the operational and financial impacts of identified options and shall include but not necessarily be limited to:
a. Reducing Saturday operating hours for receipt of refuse from 8:00 a.m. to 3:00 p.m.
b. Limiting Saturday operations to residential self-haul disposal and other approved material meant for processing and/or diversion. c. Limiting Saturday disposal to commercial self-haul and residential self-haul and eliminating waste transfer trucks meant for disposal.

Implementation of alternative operations or operating hours shall be at the sole discretion of County only after County has considered the impacts on the landfill system as a whole.

3. Waste Disposal: Disposal of waste delivered by the general public at the Landfill will be limited to Orange County residents and businesses. Proof of County residency, business address or a WDA or other contractual right to dispose of waste, is required for use of the Landfill. Out-of-County waste will only be accepted from commercial haulers that have an importation agreement with County. - 6 of 16 -
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4. Continuity of Services: As the Landfill reaches capacity, its ability to accept Disposed Municipal Landfill Waste for disposal per day will decrease. Should capacity exist for this type of disposal during this time, capacity will be made available to Brea residents in coordination with site activities.

5. Odor and Dust Control: County will employ BMPs to minimize the impact of the Landfill caused by odor and dust.

6. Soil Management/Daily Cover: County may use soil or alternative daily cover (“ADC”) as approved by landfill regulators such as the LEA, CalRecycle, or the Regional Water Quality Control Board.

7. Litter Control: County will employ BMPs to limit Landfill-related litter impacting communities surrounding the Landfill and to comply with all applicable regulations, including but not limited to:
a. Notification to haulers of the need to comply with California Highway Patrol and City requirements with regard to covering all loads on trash hauling vehicles.
b. Control of on-site windblown debris.
c. Implementation of extended litter control provisions in high wind conditions, as defined in Final EIR 588 or as may otherwise be expanded, to ensure proactive litter control.
d. Routine debris cleanup on the Landfill Access Road on a schedule of at least once every week.

8. Visibility: County will employ operational practices that minimize the visual impact of the Landfill and related operations. Such practices may include use of berms and accelerated front face phasing plans, and strategically placed landscape material.

9. Landscaping:
a. To minimize the visual impact of the Landfill, County will use compost, hydroseed or other appropriate material on all interim slopes. b. County will landscape disturbed areas of the Landfill in compliance with the Landfill Environmental Documents.
c. A phased interim landscape plan will be developed to continue visual screening of Landfill operations and facilities and to assist in blending the manufactured slopes with surrounding open space prior to landfill closure. d. A final landscaping plan will be prepared by County in consultation with City and will be included in the Closure Plan. The final landscaping plan will include - 7 of 16 -
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a seed (or plant) mix consistent with the native slopes in the surrounding region.

The seed (or plant) mix will be selected from a plant pallet recommended by a certified biologist and approved for use in the region.

10. Hot-lines: County agrees to maintain web-based and telephone systems that community members can access to ask questions or lodge complaints about the Landfill.

11. Closure and Post Closure: County will comply with all applicable Federal and State standards associated with the closure and post-closure of the Landfill upon reaching the approved fill design elevation of 1,415 feet amsl and as depicted in the Closure and Post-Closure Maintenance Plans including but not limited to 40 CFR, Part 258, Subpart F.

12. By December 31, 2033, County will notify City if the tonnage projections for acceptance of Disposed Municipal Landfill Waste indicate that the EIR 588 approved elevation of 1,415 feet amsl will not be achieved by the estimated closure date of 2036. If County determines that disposal operations at the Landfill will extend beyond the estimated closure date, County will provide notice to City of its interest to enter into discussions with City for the sole purpose of determining if an amendment to this Agreement is necessary to compensate City for any unmitigated landfill impacts. Any Host Fee adjustments agreed to as a result of such discussions shall become effective no earlier than December 31, 2036.

D. Access

1. The designated access route for all commercial waste hauling vehicles traveling to the Landfill is from State Route 57 via Imperial Highway, Valencia Avenue, and the Olinda Alpha Landfill Access Road unless otherwise modified by the mutual agreement of the Parties.

2. County shall prepare and have ready for periodic distribution a statement indicating the designated access route. These are to be periodically handed to each incoming hauler and shall include a map clearly designating the approved access routes. This route will be designated as the only permissible route to be used by commercial waste hauling vehicles traveling to the Landfill.

3. County will post signs and/or provide information directly to commercial waste hauling drivers informing them about the designated access route.

E. Road Rehabilitation and Maintenance
County’s responsibility for in-City road improvements, rehabilitation and maintenance is satisfied by past Mitigation Measures and the terms found in Section H of this Agreement.

County has no other obligation for City roads.
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F. Landfill Tonnage Limitations

1. County shall use a weigh station to monitor daily tonnage volumes at the Landfill.

2. As provided in the SWFP, Landfill operation will be limited to a maximum daily tonnage of 8,000 tons per day of Disposed Municipal Landfill Waste for 271 days per year and a maximum daily tonnage of 10,000 tons per day for up to 36 days per year, as analyzed in Landfill Environmental Documents and specified in the SWFP.

3. In compliance with all applicable law County will continue its existing practice of monitoring daily tonnages of Disposed Municipal Landfill Waste using real time data collected at the fee booths at the Landfill to ensure tonnage does not exceed SWFP limits.

G. City and County Obligations
As consideration for the rights, obligations and financial contributions set forth in this Agreement, City and County agree to the following terms:

1. City supports and agrees to cooperate with County efforts to achieve County-wide compliance with required mandates aimed to reduce environmental impacts and greenhouse gases. City acknowledges that in order for County to assist incorporated cities in Orange County in meeting the organic waste diversion requirements as specified in AB 1826, AB 1594, and SB 1383, and future legislation (including other diversion requirements that may be initiated), new technologies and Diversion Operations may be needed.

2. City acknowledges that in order for County to assist the County and incorporated cities in Orange County in meeting the organic waste diversion requirements as specified in AB 1826, AB 1594, and SB 1383, and future legislation (including other diversion requirements that may be initiated), County may develop Diversion Operations such as composting/mulching, source separated organics processing, anaerobic digestion facilities, renewable energy facilities, materials recovery recycling, or other alternative projects at the Landfill beyond the estimated Disposal Closure Date of year 2036. County agrees to discuss new technologies and Diversion Operations with City, to prepare the appropriate CEQA documentation for any such project, and to provide City advance notice of the initiation of the CEQA process for any such project.

3. County agrees to provide updates to City regarding any project associated with Landfill property that may have potentially significant environmental impacts associated with operations, such as traffic, noise, odor, etc. County will have open dialogue with City regarding such projects, prior to the CEQA process. County will have regular (no less than quarterly) communications with City regarding such projects, will ensure City receives an annual report on operations at the Landfill, and will coordinate quarterly in-person meetings at the Landfill with key City staff for tours and site updates.
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4. City agrees to cooperate and support future County revisions to the SWFP that do not expand the Landfill’s Physical Key Design Parameters.

5. City agrees to cooperate and support other County initiated projects at the Landfill if the following criteria are satisfied: (i) a proposed project does not expand the Landfill’s Physical Key Design Parameters; (ii) a proposed project does not conflict with this Agreement; (iii) a proposed project does not result in Disposal Operations beyond December 31, 2036; and (iv) a proposed project does not have unmitigated, reasonably foreseeable, potentially significant environmental impacts on City or properties within City’s territory.

6. City agrees to cooperate and support County’s compliance with existing and future Landfill legal and regulatory requirements.

7. City agrees to cooperate and support County efforts to research, monitor, and consider for implementation at the Landfill the use of alternative waste management technologies to further reduce the amount of waste required for disposal at the Landfill.

8. City shall be entitled to receive the right of first refusal of any excess benefits of new technologies developed at the Landfill pursuant to mutually agreeable terms.

9. If County is unable to perform a term of this Agreement as a result of either a successful third party legal challenge or County’s inability to certify and appropriate environmental document, then the Parties shall enter into good faith negotiations regarding appropriate substitute performance and/or modification to the provisions found in Section H of this Agreement.

10. City agrees not to challenge on CEQA grounds or seek additional financial compensation for County initiated Diversion Operations (and the associated development of facilities, programs or projects) if County is able to mitigate all reasonably foreseeable potentially significant environmental impacts in connection with implementation of these programs, projects or operations. Notwithstanding the preceding or another provision of this Agreement, City reserves the right to comment on County’s CEQA findings and conclusions for facilities, programs, and projects at the Landfill, and the right to seek judicial review in the event of a good faith disagreement with any such findings and conclusions.

H. Financial Agreement
To compensate City for costs or impacts incurred by City which might be associated with the Landfill, and not already substantially avoided or mitigated through the identification and adoption of Project Design Features and Mitigation Measures (as more specifically described in the Landfill Environmental Documents), or mitigation measures associated with future projects (as referenced in Section G of this Agreement), or mitigated in the form of financial agreements found in previous Cooperative Agreements between County and City, County agrees to the following compensation to City:
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1. Equity Payment 1: Within 30 days of executing this Agreement, County shall make an initial payment of Three Million, Two Hundred and Fifty Thousand Dollars ($3,250,000.00) to City in funds appropriate for distribution to City’s general fund for use by City primarily as general mitigation for Landfill impacts, as well as for community amenities, including, but not limited to, environmental and transportation improvements, open space acquisition, parks and trails development, equestrian and recreational facilities.

2. Equity Payment 2: Within 60 days of executing this Agreement County shall make a final equity payment of Three Million, Two Hundred and Fifty Thousand Dollars ($3,250,000.00) to City in funds appropriate for distribution to City’s general fund for use by City primarily as general mitigation for Landfill impacts, as well as for community amenities, including, but not limited to, environmental and transportation improvements, open space acquisition, parks and trails development, equestrian and recreational facilities.

3. Host Fee: County shall continue Host Fee payments to City of $1.50 per ton of Disposed Municipal Landfill Waste, excluding City Acceptable Waste and Exempt Waste. For Diversion Operations initiated to comply with current and future legislation (including other organic diversion requirements that may be initiated), County will extend Host Fee payments to City in the amount of $1.50 per ton of inbound diverted material, excluding City Acceptable Waste and Exempt Waste.

4. County Audit Rights: Upon request by County, City shall provide an accounting of Equity Payment or Host Fee expenditures made by City.

5. Most Favored City Clause: County agrees to automatically adjust City’s Host Fee payments to match any higher Host Fee approved by County for the City of Irvine or the City of San Juan Capistrano. The adjustment shall be implemented within 30 days of any such adjustment.

Automatic Host Fee adjustments will not be applied to City when adjustments to the City of Irvine or the City of San Juan Capistrano are based on jurisdiction specific impacts. Jurisdiction specific impacts are those occurring solely within one host city jurisdiction with no relevance to another. City reserves the right to request justifications for any determination that a jurisdiction specific impact does not apply to City and to seek judicial review.

6. Right to Excess Organics Processing Capacity: Upon establishment of an organics composting program (or other organic waste diversion programs) at the Landfill, County agrees to give City (as a host city) a right of first refusal on any excess composting (or organics) processing capacity at the Landfill at the established rate, subject to the following interpretations:
a. Excess composting (or organics) processing capacity at the Landfill means processing capacity beyond that needed by County unincorporated areas, or - 11 of 16 -
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otherwise contractually obligated under a WDA, WISE Agreement, or other contractual obligations.
b. City’s right of first refusal applies only to organic material originating within the boundaries of City.
c. City’s right to excess capacity applies only to organic material processed at the Landfill.

7. Environmental Education Program Funding: County agrees to fund environmental education programs to be developed cooperatively between City and County up to a cost of $25,000 per fiscal year, on the condition that City has a valid WDA or WISE Agreement with County.

I. Joint Ventures, Projects and Cooperation Between County and City Where feasible (as determined by each Party in its sole and absolute discretion) City and County agree:

1. To work mutually on joint ventures and projects and pursuing grant funding for the development of new technologies in order to achieve compliance with current and future legislation.

2. To work mutually to research, monitor, and consider for implementation at the Landfill the use of alternative waste management technologies to further reduce the amount of waste required for disposal at the Landfill.

3. To work mutually to achieve compliance with required mandates aimed to reduce environmental impacts and greenhouse gases.

4. To work mutually to support County’s compliance with existing and future Landfill legal and regulatory requirements.

5. That specific details and terms of any joint ventures or other projects may be found in a separately negotiated contract between the Parties.

J. Status of City and Indemnification

1. City and County desire to leave no doubt as to their respective roles, and that by entering into this Agreement, City is not thereby becoming an “Arranger” as that term is used in CERCLA § 107 (a)(3), and that it is County, not City, which is “Arranging For” the disposal of waste in Landfill which may contain hazardous, toxic, harmful or corrosive substances. County agrees to defend, indemnify and hold City harmless from any claims related to the disposal of hazardous, toxic, harmful or corrosive substances at the Landfill, regardless of their source as set forth in Section B(4)(c) of this Agreement, unless negligently or intentionally disposed of at the Landfill by City.
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2. County agrees to defend, indemnify and hold City, and City’s officers, employees and agents harmless for all claims, injury, death or damage to property resulting solely from the acts or omissions of County, and County’s officers, employees, and agents for liability arising from any activity of County, or County’s officers, employees, and agents taken pursuant to the provisions of this Agreement.

3. City agrees to defend, indemnify and hold County, and County’s officers, employees and agents harmless for all claims, injury, death or damage to property resulting solely from the acts or omissions of City and City’s officers, employees, agents for liability arising from any activity of City or City’s officers, employees and agents taken pursuant to the provisions of this Agreement.

4. If City’s negligence combines with County’s negligence to cause injury, the Parties agree that liability will be apportioned as determined by a court of competent jurisdiction. Neither Party shall request jury apportionment.

K. Enforcement/Reporting

1. County will comply with all applicable Federal, State, and local laws and regulations as they apply to the Landfill.

2. If the Landfill’s ownership or operating responsibilities are transferred or assigned to any other entity or agency, public or private, County shall ensure that the obligations identified in this Agreement will also be reassigned so that the terms and conditions of this Agreement shall continue in full force and effect. County agrees to provide 120 days’ notice to City prior to any assignment.

3. City reserves the right to inspect the records of County and the right to audit and recompute any amounts deemed payable under this Agreement. Any such audit must be at City expense and take place within 36 months of the close of each of the fiscal years. Any additional amount deemed due to City must be paid within 30 days following written notice to County by City. This notice shall include a copy of the audit report.

4. County reserves the right to inspect the records of City and the right to audit City expenditures of Host Fee and Equity Payment used by City to address Landfill impacts. Any such audit must be at County expense.

L. Future Recreational Use of Landfill

1. The Landfill is identified on the County Master Plan of Regional Recreational Facilities as a proposed passive use wilderness park.

2. Any future recreational use of the Landfill as reflected on the County Master Plan of Regional Recreational Facilities will occur after the Disposal Closure Date, Diversion Closure Date, and compliance with or in accordance with Title 40 CFR 258.6 and 258.61 regarding closure and post closure maintenance. Any future use must accommodate the ongoing maintenance and management of differential - 13 of 16 -
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settlement, landfill gas recovery, final cover integrity maintenance, stormwater, leachate, condensate, and environmental protections at the Landfill which continue into perpetuity.

3. Notwithstanding section 2 above, County is committed to consider the feasibility of the development of a public access wilderness trail on portions of the Landfill site prior to cessation of Disposal or Diversion Operations. County will coordinate and fund a trail feasibility study no later than the conclusion of Disposal Operations.

County will partner with City and actively engage City staff participation throughout the entirety of the study’s process, including a joint review of the study’s findings. County retains sole authority regarding final approval and construction of any public access wilderness trails at the Landfill.

M. Termination of Prior Agreements and their Amendments; No Oral Modification The Parties intend that this Agreement sets forth and contains the entire understanding and agreement of the Parties related to the Landfill other than their July 23, 2009 WDA, which is not amended or superseded by this Agreement. The 2009 Agreement and the 2016 Amendment shall terminate upon execution of this Agreement.

No oral statement shall in any manner modify this Agreement, and all changes to this Agreement must be in writing and signed by both Parties.

N. Miscellaneous Provisions

1. Severability. If any term, provision, covenant, or condition of this Agreement is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this Agreement shall nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions, to the extent allowable under California law.

2. Interpretation and Governing Law. This Agreement and any related dispute shall be governed and interpreted in accordance with the laws of the State of California.

This Agreement shall be construed according to its plain language and fair and common meaning to achieve the objectives and purposes of the Parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement because all Parties have been adequately represented by counsel.

3. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

4. Waiver. The failure of a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure of a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of that Party’s right to demand and require, at any time, the other Party’s strict compliance with the terms of this Agreement.
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5. Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

6. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement.

7. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and shall have the same effect as if all of the parties had executed the same instrument.

8. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by any Party for the purpose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the State of California, County of Orange. The Parties waive all provisions of law providing for the filing, removal or change or venue to any other court.

9. Authority to Execute. Any person or persons executing this Agreement on behalf of City or County warrants and represents that he/she has the authority to execute this Agreement on behalf of his/her entity and to bind that entity to the performance of its obligations pursuant to this Agreement.

10. Attorneys’ Fees. In the event of a dispute between City and County concerning claims arising out of this Agreement, or in any action or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney fees, costs and expenses.

11. Notice. All notices, demands, requests or approvals, including those pertaining to the CEQA process, to be given under this Agreement shall be given in writing and shall be deemed served when delivered personally or on the third business day after deposit in the United States mail, postage prepaid, first class mail, addressed as follows:

All notices, demands, requests or approvals to CITY shall be addressed to:

City of Brea
City Manager’s Office
1 Civic Center Circle
Brea, California 92821
All notices, demands, requests or approvals to COUNTY shall be addressed to:

Director, OC Waste & Recycling 601 N. Ross Street, 5th Floor - 15 of 16 -
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Santa Ana, California 92701

12. Expiration. This Agreement shall expire upon the conclusion of all Disposal Operations and Diversion Operations unless earlier terminated. Obligations for County’s post closure activities as well City’s obligations (as reflected in Section G of this Agreement), including cooperation and support towards post closure activities will continue beyond expiration.

13. Termination for Convenience. Either Party may terminate this agreement for convenience upon 180 days’ notice in writing of its intent to terminate the Agreement.

14. Amendment. This Agreement may be amended at any time by mutual consent in writing of City and County.

15. Five-Year Landfill Permit Review: At the request of either Party, County and City agree to review the terms of this Agreement in conjunction with the State's fiveyear review of the Landfill operating permit to discuss and/or address new impacts that may have arisen during that time period.

SIGNATURE PAGE TO FOLLOW
- 16 of 16 -
2930435.12
Date __________________________
Date __________________________

COUNTY OF ORANGE
By
__________________________________
Thomas D. Koutroulis, Director
OC Waste & Recycling
APPROVED AS TO FORM:

COUNTY COUNSEL

ORANGE COUNTY, CALIFORNIA
By
__________________________________
Paul M. Albarian, Senior Deputy
Date __________________________

CITY OF BREA
By
_________________________________
Christine Marick, Mayor
Date __________________________ By __________________________________ William Gallardo, City Manager
ATTEST:

Date __________________________ By __________________________________ Lillian Harris-Neal, City Clerk
APPROVED AS TO FORM:

Date __________________________ By __________________________________ Terence Boga, City Attorney
City of Brea
City Council Regular Meeting Communication
Monthly Report of Investments for the City of Brea for Period Ended May 31, 2024 Meeting
Tuesday, June 18, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 6M
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager

RECOMMENDATION
Receive and file.

BACKGROUND/DISCUSSION
The Monthly Report of Investments is prepared in accordance with Government Code Sections (GCS) 41004 and 53607 and contains information on the City's investment activities for the month of May. Cash for day-to-day activities is deposited in the demand and interest-bearing checking accounts. The Local Agency Investment Fund (LAIF) is used for short-term investments and functions like a savings account. In addition, on June 6, 2023, with the recommendation of the Investment Advisory Committee, the City Council authorized the use of Treasury Bills and other short-term investments as a LAIF alternative. The City’s investment portfolio is for long-term investments, and is managed through Chandler Asset Management (Chandler). Together, the short and long-term investment accounts represent the City’s investment portfolio.

Attachment A includes an Investment Information Summary and Monthly Account Statement prepared by Chandler. The book value represents the cost of investments, plus or minus amortization/accretion. As of May 31, 2024, the total market value of the managed investment portfolio, including accrued interest, was $90,929,681 as compared to $90,109,675 at April 30, 2024. The weighted average investment yield for May 31, 2024 was 2.87%, which was slightly higher than the prior month. The City’s Local Agency Investment Fund (LAIF) had a total market value, including accrued interest of $21,124,364 at May 31, 2024. Also, the balance of the City's Liquidity account at May 31, 2024 was $2,055,281, which brings the total value of the City’s investment portfolio as of May 31, 2024 to $114,109,326 as compared to the balance of $113,202,217 at April 30, 2024.

The City has restricted cash and investments held in the post-employment benefits trust accounts for both Pension and Other Post Employment Benefits (OPEB) administered by PARS (PARS accounts), which are managed by PFM Asset Management (PFM) and the City's various bond reserve accounts which are managed by Chandler. Attachment A includes monthly statements from US Bank for the PARS accounts, as well as a portfolio report from Chandler for each bond reserve account that is invested. As of May 31, 2024, the market value of the PARS pension account, including short-term cash and accrued interest was $11,581,965 as compared to $11,208,854 from the prior month. The OPEB account had a market value of $248,178. The City made an initial deposit of $250,000 into this OPEB account on May 13, 2024. All other restricted cash investments (bond reserve accounts), including short-term cash and accrued interest, was $691,138 in comparison to $686,627 from the prior month.

Pursuant to the City's investment policy, with the exception of LAIF, direct time certificates of deposit and money market mutual funds, all City investments are held by third-party custodians. The Bank of New York Mellon Trust Company, N.A. (BNY) holds accounts managed by Chandler and US Bank holds the PARS accounts managed by PFM, which acts as an agent of the City. All securities are held in the name of the City of Brea. The City of Brea has sufficient cash flow to meet its expected expenditures for the next six months.

FISCAL IMPACT/SUMMARY
Attachments
Attachment A.pdf
The overall City portfolio increased by $907,109 due to improved market conditions. The City’s PARS accounts also increased by $621,290 due the initial deposit into the OPEB account as well as favorable market rate adjustments. Lastly, the City’s bond reserve accounts increased by $4,511 due to positive market conditions.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Faith Madrazo, Financial Services Manager, Revenue Concurrence: Kristin Griffith, Director of Administrative Services and Monica Lo, Deputy Director of Administrative Services Successor Agency to the Brea Redevelopment Agency
Cash and Investment Information
Book Market
Value Value*
Demand and Interest-Bearing Checking Accounts Citizen's Bank $ 370,099.27 $ 370,099.27 Local Agency Investment Fund LAIF $ 372,048.58 $ 374,718.38 Fiscal Agent Cash & Investments
2004 Brea Public Financing Authority Lease Revenue Bond Chandler/BNY $ - $ - 2010 Brea Public Financing Authority Lease Revenue Bond Chandler/BNY $ - $ - 2013 Tax Allocation Bonds Chandler/BNY $ 7,186,415.73 $ 7,186,415.73 2016 Tax Allocation Refunding Bonds, Series A & B Chandler/BNY $ 1,314,883.55 $ 1,314,883.55 2017 Tax Allocation Refunding Bonds, Series A & B Chandler/BNY $ 3,561,657.93 $ 3,561,657.93 Sub-total - Fiscal Agent Cash & Investments $ 12,062,957.21 $ 12,062,957.21 Grand Total $ 12,805,105.06 $ 12,807,774.86
* Includes accrued interest on invested funds
May 31, 2024

ATTACHMENT A

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Brea City CouncilJune 18, 2024

Brea City Council
June 18, 2024