City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda
Closed Session - 6:00 p.m.
Study Session - 6:15 p.m.
General Session - 7:00 p.m.
Tuesday, July 21, 2026, 7:00 PM
COUNCIL CHAMBERS
1 Civic Center Circle
Brea, California 92821
Cecilia Hupp, Mayor Marty Simonoff, Mayor Pro Tem
Christine Marick, Council Member Blair Stewart, Council Member Steven Vargas, Council Member This agenda contains a brief general description of each item that the Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this agenda available for public inspection. Contact the City Clerk’s Office at (714) 990-7756 or view the agenda and related materials on the City’s website at https://www.cityofbrea.gov/1857/Meetings-and-Agendas. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also be available on the City’s website, subject to staff’s ability to post documents before the meeting.
Procedures for Addressing the Council
The Council encourages interested people to address this legislative body by making public comments. Public comments may be made during public hearing items or during designated agendized and non-agendized public comment periods. Public comments are limited to five (5) minutes per speaker, unless a different time is announced by the Mayor/presiding Chair.
The Council encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. State law generally prohibits the City Council from responding to or acting upon matters not listed on this agenda. Council rules prohibit clapping, booing, or shouts of approval or disagreement from the audience.
In-Person Option – Members of the public can provide in-person comments in the Council Chambers. Speakers who wish to address the Council must do so by submitting a speaker card. Members will be called on in the order that cards are received, and all in-person public comments will be heard prior to virtual public comments.
Virtual Option – Members of the public may provide live comments during the designated public comment period by Zoom or conference call. To join by Zoom, click the following link or enter it into your web browser https://cityofbrea-net.zoom.us/j/82834064814 Meeting ID: 828 3406 4814. To join the conference call, dial (213) 338-8477 and when prompted, enter the Meeting ID followed by "#". You will be prompted by the City Clerk when it is time for each comment period and you may request to speak by raising your hand on Zoom or dialing *9 from your phone.
Written Comments – Written comments may be submitted in advance of the meeting by emailing [email protected]. Written comments received by 3 p.m. on the day of the meeting will be provided to the Council, made available to the public at the meeting, and included in the official record of the meeting.
Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (714) 990-7757. A notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II) Important Notice
The City of Brea shows both live broadcasts and replays of City Council meetings on Brea Cable Channel 3 and over the Internet at www.cityofbrea.gov. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.
Reminder: Please silence all cell phones and other electronic equipment while the Council is in session.
1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - TIME 6:00 P.M.
1.A. Call to Order/Roll Call
1.B. Public Comment
1.C. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(2) - Anticipated Litigation.
Significant Exposure to Litigation: 1 potential case. Facts and Circumstances: Urban Habitat Claim.
1.D. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(4) - Anticipated Litigation.
Initiation of Litigation: 1 potential case.
1.E. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(2) - Anticipated Litigation.
Significant Exposure to Litigation: 1 potential case. Facts and Circumstances: Cease and Desist Demand Letter from Brea4All / Shute, Mihaly & Weinberger LLP.
1.F. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(1) - Existing Litigation.
Name of Case: City of Brea v. Schwarze Industries (Case No. 30-2024-01437243-CU-BC-CJC).
2. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - TIME 6:15 P.M.
2.A. Call to Order/Roll Call
2.B. Public Comment
2.C. Clarify Regular Meeting Topics
2.D. Designate Voting Delegate and Alternate for the League of California Cities Annual Conference and Expo, September 23-25, 2026
2.E. City Attorney Contract and Lease Agreement Discussion
2.F. Council Member Reports/Requests
2.G. Study Session Adjournment
3. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M.
3.A. Call to Order/Roll Call
3.B. Pledge of Allegiance
3.C. Invocation: Pastor Rick Darden, Friends Community Church
3.D. Proclamation: Parks Make Life Better Month
3.E. Report - Prior Study Session
3.F. Community Announcements
3.G. Community Development/Public Works Update
3.H. Public Comment - Agenda Items
The City Council will address comments on agenda items during this section and speakers will be called in the order received. Comments relating to public hearing items will be heard during the public hearing.
3.I. Response to Public Inquiries
4. CONSENT CALENDAR
The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during “Matters from the Audience."
4.A. July 7, 2026 Regular City Council Meeting Minutes
— 1. Approve.
4.B. Office Lease between the City of Brea and the Brea-Olinda Unified School District — 1. Approve a one-year Office Lease with the Brea-Olinda Unified School District, with an optional elevenmonth extension term; and — 2. Authorize the City Manager to approve non-substantive changes, as well as amend and extend the term of the Office Lease, for up to eleven months.
4.C. City Manager Employment Agreement Amendment
— 1. Approve Amendment No. 1 to the Employment Agreement with City Manager Kristin Griffith. — 2. Authorize the Mayor to execute the amendment.
4.D. Amend Cooperation Agreement with County of Orange for Continued Participation in the Community Development Block Grant Program for Fiscal Years 2027-2028, 2028-2029 and 2029-2030 — 1. Adopt Resolution No. 2026-55 approving Amendment Seven to the County of Orange Cooperation Agreement for the Community Development Block Grant (CDBG) Program for Fiscal Years 2027-2028, 2028- 2029, and 2029-2030; and
— 2. Authorize the City Manager, on behalf of the City Council, to execute all documents and forthcoming amendments to the County of Orange Cooperation Agreement for the Urban County Program.
4.E. Increase of Campaign Contribution Limit
— 1. Adopt Resolution No. 2026-56 increasing the campaign contribution limit for elective city offices to $5,900 per person, which is the same amount as the State’s current default campaign contribution limit for local jurisdictions.
4.F. SB 1205 State Mandated Inspection Annual Report
— 1. Staff recommends that the City Council approve the report as presented and Adopt Resolution No. 2026- 57, accepting the 2025 California State Fire Marshal mandated inspection report.
4.G. Award RFP No. 2026.06.02.01 - Emergency Basic Life Support Ambulance Surge Services — 1. Approve an agreement with Emergency Ambulance Services, Inc. to provide backup Emergency Basic Life Support ("BLS") ambulance services; and
— 2. Authorize the City Manager to approve any extension option(s).
4.H. InspectionReportsOnline.net (IROL) Contract for Services — 1. Approve the Software as a Service Agreement between the City of Brea and InspectionReportsOnline.net (IROL), Inc. for a three-year initial term, with the option to renew for up to five (5) successive one-year terms; and
— 2. Authorize the City Manager, or designee, to execute the Agreement and any related documents necessary to implement it, in a form approved by the City Attorney.
4.I. Approval of Memorandum of Understanding Between the City of Brea and the Brea Fire Association and Approval of Side Letter Agreement Between the City of Brea and the Brea Police Association. — 1. Adopt Resolution No. 2026-58 approving Memorandum of Understanding (MOU) with the Brea Fire Association (BFA).
— 2. Adopt Resolution No. 2026-59 approving the MOU Side Letter Agreement between the City of Brea and the Brea Police Association (BPA).
4.J. Monthly Report of Investments for the City of Brea for Period Ended June 30, 2026 — 1. Receive and file.
4.K. June Outgoing Payment Log and City Disbursement Registers for June 12, June 19, June 26, July 3, and July 10, 2026
— 1. Receive and file.
5. CITY/SUCCESSOR AGENCY - CONSENT
5.A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended June 30, 2026
— 1. Receive and file.
6. PUBLIC COMMENT - NON-AGENDA ITEMS
The City Council will address non-agenda items during this section and speakers will be called in the order received.
6.A. Public Comment - Non-Agenda Items
7. ADMINISTRATIVE ANNOUNCEMENTS
7.A. City Manager
7.B. City Attorney
7.C. Council Requests
8. COUNCIL ANNOUNCEMENTS
8.A. Council Announcements
9. ADJOURNMENT
9.A. Meeting Adjournment
Date Posted: July 16, 2026
CITYofBREA
City Council Regular Meeting
Communication
July 21, 2026
Item No. 2D.
Designate Voting Delegate and Alternate for the League of California Cities Annual Conference and Expo, September 23-25, 2026
TO PREPARED BY
Honorable Mayor and City Council Members Victoria Popescu, City Clerk
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Kristin Griffith, City Manager Kristin Griffith, City Manager
RECOMMENDATION
Designate Voting Delegate and Alternate for the League of California Cities Annual Conference and Expo, September 23-25, 2026, Anaheim Convention Center.
Attachments
2026 Voting Delegate Information Packet.pdf
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, May 13, 2026
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 23-25, 2026 Anaheim Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Friday, Sept. 25, 2026 the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Tuesday, Sept. 1, 2026. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration opens June 2.
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and Council Action Advised by September 1, 2026
alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Sept. 23, 8:00 a.m.-6:00 p.m. and Thursday, Sept. 24, 7:30 a.m.-4:00 p.m. On Friday, Sept. 25, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Tuesday, Sept. 1. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
CITYofBREA
City Council Regular Meeting
Communication
July 21, 2026
Item No. 4A.
July 7, 2026 Regular City Council Meeting Minutes
TO PREPARED BY
Honorable Mayor and City Council Members Christina Dizol, Deputy City Clerk
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Kristin Griffith, City Manager Kristin Griffith, City Manager
RECOMMENDATION
Approve.
Attachments
07-07-2026 - Draft Minutes.pdf
** The following document is a draft of the minutes and the not the official approved minutes **
Minutes for the City Council Regular Meeting
1 Civic Center Circle, Brea, California 92821
July 7, 2026
Roll Call: (The following members were in attendance)
Cecilia Hupp, Mayor
Marty Simonoff, Mayor Pro Tem
Christine Marick, Council Member
Blair Stewart, Council Member
Steven Vargas, Council Member
1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - TIME 6:30 P.M.
1.A. Call to Order/Roll Call
Mayor Hupp called the Closed Session to order at 6:30 p.m. All members were present.
1.B. Public Comment
None.
1.C. Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b).
Title: City Manager
1.D. Conference with Labor Negotiator Pursuant to Government Code Section 54957.6. City Representative: City Attorney Terence Boga. Unrepresented Employee: City Manager.
Mayor Hupp adjourned the Closed Session at 6:58 p.m.
2. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M.
2.A. Call to Order/Roll Call
Mayor Hupp called the General Session to order at 7:04 p.m. All members were present.
2.B. Pledge of Allegiance
Council Member Stewart led the Pledge of Allegiance.
2.C. Invocation
Police Chaplain Tony Mercado, led the invocation.
2.D. Community Announcements
Council Member Vargas invited the community to attend the Concerts in the Park series, which will be held every Wednesday night until August 5th. He announced the next featured band will be Symphonic Winds of the Pacific starting at 6:30 p.m. at City Hall Park. He indicated that there will be food and drink items available for purchase. For additional information, please visit the City's website.
Council Member Marick announced that the City launched a limited-term pilot Short-Term Rental Program, noting that interested property owners can submit a short-term rental application from July 13th through July 31st. Applications submitted after July 31st will be accepted on a rolling basis as licenses become available. She indicated that in order to qualify, applicants must complete a home inspection, provide proof of insurance, and hold a valid business license.
Additional information and program requirements can be found on the City's website.
Mayor Pro Tem Simonoff announced a partnership between the Brea Resource Center and Orange County Credit Union to offer a free Money Management Workshop on July 21st from 6:00 - 7:00 p.m. He indicated that participants will learn how to assess the financial impact of life transitions, identify valuable resources for navigating change, and develop a plan to regain financial stability and build long-term financial success. For additional information, please visit brearec.com or contact the Brea Resource Center directly at (714) 990-7100.
Council Member Stewart invited the community to attend the next Family Film, Miracle, on July 10th at 8:00 p.m. at City Hall Park.
Mayor Hupp discussed mosquito control and reviewed the most effective methods to reduce mosquito activity. For additional information, please visit MosquitoesSuck.org.
City Attorney Boga reported out from Closed Session and noted that with regards to item 3D, a resolution to approve the Executive Compensation Plan for various executive positions will grant a
2.5% salary increase for this year and next year. Additionally, the health plan benefits for the City Manager will increase from $1,600 to $2,100 a month, per her contract agreement.
2.E. Public Comment - Agenda Items
None.
2.F. Response to Public Inquiries
None.
3. CONSENT CALENDAR
A motion was made by Mayor Pro Tem Simonoff and seconded by Council Member Stewart to approve Consent Calendar items 3A - 3D. Motion passed 5-0-0-0 (Ayes: Hupp, Simonoff, Marick, Stewart, Vargas).
3.A. June 16, 2026 Regular City Council Meeting Minutes The City Council approved the June 16, 2026 Regular City Council Meeting Minutes as written.
3.B. June 24, 2026 Special City Council Meeting Minutes The City Council approved the June 24, 2026 Special City Council Meeting Minutes as written.
3.C. June 30, 2026 Special City Council Meeting Minutes The City Council approved the June 30, 2026 Special City Council Meeting Minutes as written.
3.D. Approval of Memorandum of Understanding Between the City of Brea and Two Labor Associations and Amendment to the Executive Compensation Plan, Part-Time Employment and Benefits Policy and the Unrepresented Fire Employee Compensation and Benefit Resolutions.
The City Council adopted resolutions approving Memorandums of Understanding (MOU's) with the Brea City Employees' Association (BCEA), and the Brea Fire Management Association (BFMA); and adopted a resolution approving the amendments to the Executive Compensation Plan, for Executive Employees, superseding Resolution No. 2025-055; and adopted a resolution approving the amendments to the Part-Time Employment and Benefits Policy, superseding Resolution No. 2023-063; and adopted a resolution approving the amendments to the Unrepresented Fire Department employees assigned to Full-Time Ambulance Operator and Firefighter Trainee classifications, superseding Resolution No. 2024-037.
4. PUBLIC COMMENT - NON-AGENDA ITEMS
4.A. Public Comment - Non-Agenda Items
Craig Farris spoke about the potential Costco development, areas of concerns, tax revenue, and forward-thinking.
Daniel Farris spoke about his recent appointment to the City of Waxhall City Council.
Scott Hupp spoke about the Country Fair 4th of July event and thanked the City Council and City staff for their work.
Barry expressed concerns about the availability of disability parking at the Country Fair 4th of July event.
Mark Strom spoke about the potential Costco development, sales tax revenue, the City's general fund, City operations, and the importance of transparency.
Dwight Manley spoke about the Country Fair 4th of July event, potential Costco development, economic development agreement, sales tax revenue, and transparency.
5. ADMINISTRATIVE ANNOUNCEMENTS
5.A. City Manager
None.
5.B. City Attorney
None.
5.C. Council Requests
None.
6. COUNCIL ANNOUNCEMENTS
6.A. Council Announcements
Council Member Stewart thanked Prime Pizza for their generosity and attendance at the meeting.
Council Member Vargas inquired about the placement of stanchions inside the Council Chamber.
Mayor Hupp spoke about the Country Fair 4th of July event.
7. ADJOURNMENT
7.A. Meeting Adjournment
Mayor Hupp adjourned the General Session at 7:33 p.m.
CITYofBREA
City Council Regular Meeting
Communication
July 21, 2026
Item No. 4B.
Office Lease between the City of Brea and the Brea-Olinda Unified School District
TO PREPARED BY
Honorable Mayor and City Council Members Marie Dao, Senior Management Analyst
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Jason Killebrew, Assistant City Manager/Community
Development Director
Kristin Griffith, City Manager
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. Approve a one-year Office Lease with the Brea-Olinda Unified School District, with an optional eleven-month extension term (Attachment A); and
2. Authorize the City Manager to approve non-substantive changes, as well as amend and extend the term of the Office Lease, for up to eleven months.
BACKGROUND/DISCUSSION
On October 19, 2021, the Brea-Olinda Unified School District (“School District”) executed an Office Lease with the City of Brea to utilize 1,721 square feet of office space located on Level 2 of the Brea Civic and Cultural Center.
This space was leased in addition to the larger 9,300 square-foot space that the School District has leased from the City since 1980 for their main offices. Since 2021, the School District has utilized the additional 1,721 square-foot space for general office use and remote learning operations due to the COVID-19 pandemic. The 2021 Office Lease allowed for three one-year extensions and is scheduled to expire on July 31, 2026.
The School District has found the additional office space to be beneficial for their continued remote learning operations and general office use and has requested to continue occupying the space. Based on the following proposed terms, staff recommends that the City and School District enter into a new Office Lease.
Proposed Terms
1. The Office Lease shall become effective on August 1, 2026 for a one-year term ending on July 31, 2027.
2. The School District shall have the right to extend the term of the Office Lease for eleven months, expiring on June 30, 2028, which aligns with the expiration date of the 9,300 square foot main office sublease.
3. The School District shall pay $3,801.67 per month in rent, which includes the base cost of all water, electricity, gas, and other utility services, but excludes telephone and janitorial service costs.
4. The City will pay for the maintenance and upkeep of the shared parking, restrooms, elevators, landscaping, and other common amenities, while the School District will pay for and maintain the upkeep of the interior of their leased space.
5. The monthly rent shall be increased effective August 1, 2027, by an amount equal to the annual percentage increase published as the Consumer Price Index (CPI), determined by comparing the most recent available CPI figure to the CPI figure one year prior, in order to calculate the annual increase, with a minimum increase of two percent and a maximum increase of four percent.
6. The School District may use the office space between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday.
City staff recommends that the City Council approve the Office Lease.
COMMISSION/COMMITTEE RECOMMENDATION
The Finance Committee reviewed staff’s recommendation at its June 9, 2026 meeting and directed staff to revise the rent adjustment formula so that it is based on the most current CPI available at the time of lease renewal. The Office Lease has been updated to incorporate this revision in accordance with the Committee’s direction.
FISCAL IMPACT/SUMMARY
Revenue from the Office Lease with the School District, totaling $3,801.67 per month ($45,620.04 annually) has already been included in the City’s General Fund (110) budget for Fiscal Year 2026-27.
Attachments
Office Lease - signed by BOUSD.pdf
CITYofBREA
City Council Regular Meeting
Communication
July 21, 2026
Item No. 4C.
City Manager Employment Agreement Amendment
TO PREPARED BY
Honorable Mayor and City Council Members Terence Boga, City Attorney
RECOMMENDATION
Staff recommends that the City Council take the following action:
1. Approve Amendment No. 1 to the Employment Agreement with City Manager Kristin Griffith.
2. Authorize the Mayor to execute the amendment.
BACKGROUND/DISCUSSION
The City Council appointed Kristin Griffith to the position of City Manager on February 18, 2025 and approved an Employment Agreement with her on March 18, 2025. On July 7, 2026, the City Council conducted a performance of review of Ms. Griffith and directed the City Attorney to prepare a contract amendment providing a salary increase of 2.5% for FY 2026-27 and FY 2027-28 consistent with the salary increase approved for executive employees.
FISCAL IMPACT/SUMMARY
The proposed City Manager Employment Agreement Amendment will set the base monthly salary at $29,135 as of July 1, 2026 and at $29,864 effective July 1, 2027. The estimated net monthly financial impact to the General Fund for FY 2026-27 through FY 2027-28 is $1,440.
Attachments
Amendment No. 1 to Employment Agreement
- 1 of 2 -
3274987.1
AMENDMENT NO. 1 TO
EMPLOYMENT AGREEMENT
THIS AMENDMENT NO. 1 (“First Amendment”) to the March 18, 2025 Employment Agreement (“Agreement”) executed by the City of Brea (“City”), a California municipal corporation, and Kristin Griffith (“Employee”), an individual, is dated July 21, 2026 for reference purposes.
R E C I TA L S
A. The parties executed the Agreement to provide for City’s retention of Employee’s services in the at-will position of City Manager.
B. The parties desire to amend the Agreement to provide Employee a 2.5% salary increase in FY 2026-27 and FY 2027-28.
NOW, THEREFORE, the parties agree as follows:
1. Amendment of Section 5. Paragraph A (Base Salary) of Section 5 (Salary and Benefits) of the Agreement is amended to read as follows:
“A. Base Salary. Effective the first full payroll period commencing on or after March 18, 2025, Employee shall receive, as compensation for her performance of the duties of City Manager and Executive Director, a starting monthly base salary of $28,424.25 less customary and legally required payroll deductions. Effective the first full payroll period commencing on or after July 1, 2026, Employee shall receive a monthly base salary of $29,135 less customary and legally required payroll deductions. Effective the first full payroll period commencing on or after July 1, 2027, Employee shall receive a monthly base salary of $29,864 less customary and legally required payroll deductions.”
2. Effective Date. This First Amendment shall be deemed effective retroactive to July 1, 2026.
3. Preservation of Agreement. Except as expressly modified or supplemented by this First Amendment, all of the provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this First Amendment and the provisions of the Agreement, the provisions of this First Amendment shall control.
[SIGNATURES ON FOLLOWING PAGE]
- 2 of 2 -
3274987.1
Executed:
EMPLOYEE
_______________________________
Kristin Griffith
EMPLOYER
City of Brea
_______________________________
Cecilia Hupp, Mayor
Attest: Approved as to form:
_______________________________ _______________________________ Victoria Popescu, City Clerk Terence Boga, City Attorney CITYofBREA
City Council Regular Meeting
Communication
July 21, 2026
Item No. 4D.
Amend Cooperation Agreement with County of Orange for Continued Participation in the Community Development Block Grant Program for Fiscal Years 2027-2028, 2028-2029 and 2029-2030
TO PREPARED BY
Honorable Mayor and City Council Members Jaquelyn Salgado, Community Development Specialist
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Jason Killebrew, Assistant City Manager/Community
Development Director
Kristin Griffith, City Manager
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. Adopt a Resolution (Attachment A) approving Amendment Seven to the County of Orange Cooperation Agreement for the Community Development Block Grant (CDBG) Program for Fiscal Years 2027-2028, 2028- 2029, and 2029-2030; and
2. Authorize the City Manager, on behalf of the City Council, to execute all documents and forthcoming amendments to the County of Orange Cooperation Agreement for the Urban County Program.
BACKGROUND/DISCUSSION
On July 1, 2005, the City of Brea (City) and the County of Orange (County) entered into a Cooperation Agreement to participate in the Urban County Program for the City's inclusion in the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs, administered by the Federal Department of Housing and Urban Development (HUD). Under HUD regulations, jurisdictions under 50,000 in population, including the City of Brea, must participate in an Urban County Program to receive CDBG and HOME funding, both of which provide housing and other assistance to low-income persons. To participate in the Urban County Program, HUD requires eligible counties and cities to execute a Cooperation Agreement.
The Cooperation Agreement establishes the respective responsibilities of counties and cities, outlines the requirements for the administration and use of CDBG and HOME funds, and enables counties to administer federal funding on behalf of participating cities. Given that the Cooperation Agreement has a three-year term, jurisdictions are authorized to make updates as necessary to comply with any updates in federal regulations. The Cooperation Agreement has been amended six times between 2008 and 2024.
Executing Amendment Seven to the Cooperation Agreement is necessary for Brea’s continued participation in the Urban County Program for Fiscal Years 2027-2028, 2028-2029, and 2029-2030. Approval of the Amendment would allow the City to remain eligible for CDBG and HOME funding, which provides continued support for the City’s housing programs and investment in the City’s infrastructure, facilities, and neighborhoods.
The City has been successful in utilizing CDBG funding to implement the:
Single Family Rehabilitation Program
Alley improvements identified in the Neighborhood Enhancement Plan Capital improvements to Pioneer Hall and the Senior Center.
While the City has not received HOME funding in recent years, it remains a participant under the Cooperation Agreement, maintaining its eligibility to receive HOME funds, should they become available.
Staff recommends that the City Council adopt the attached Resolution approving Amendment Seven to the Cooperation Agreement and authorize the City Manager to execute all documents and forthcoming amendments to the County of Orange Cooperation Agreement for the Urban County Program.
FISCAL IMPACT/SUMMARY
The Cooperation Agreement is a multi-year agreement that is amended every three years to maintain the City’s continued participation in the CDBG and HOME Programs. Executing Amendment Seven of the Cooperation Agreement will have no impact on the General Fund (110).
While there is no fiscal impact associated with approval of the Amendment to the Cooperation Agreement, if the Amendment is not approved, the City will no longer be eligible for future CDBG and HOME funding.
Attachments
Attachment A - Resolution - Amendment Seven to County of Orange Cooperation Agreement.pdf RESOLUTION NO.
A RESOLUTION OF THE BREA CITY COUNCIL APPROVING
AMENDMENT SEVEN TO THE COUNTY OF ORANGE COOPERATION
AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM AND DELEGATING AUTHORITY TO THE CITY MANAGER
A. RECITALS:
(i) The City of Brea (“City”) and the County of Orange (“County”) have executed a July 1, 2005 Cooperation Agreement (“Agreement”) to provide for the City’s receipt of Community Development Block Grant (“CDBG”) funds for eligible housing and community development activities.
(ii) The Agreement has been amended six times between 2008 and 2024. (iii) The City and the County must further amend the Agreement to address changes in U.S. Department of Housing and Urban Development requirements for the CDBG program.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION:
NOW, THEREFORE, the City Council finds and resolves as follows:
1. The facts set forth in the Recitals, Part A, above, are true and correct.
2. The “Amendment Seven To Cooperation Agreement Between the County of Orange and City of Brea” attached as Exhibit A is approved and shall be executed by the City Manager on the City’s behalf.
3. In accordance with Brea City Code Section 2.04.060(M), the City Manager is authorized to execute, without further City Council approval, non-monetary amendments to the Agreement as necessary for efficient administration of the CDBG program.
4. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this _____ day of _______________, 2026. ________________________________
Cecilia Hupp, Mayor
ATTEST: _____________________________
Victoria Popescu, City Clerk
EXHIBIT A
AMENDMENT SEVEN TO COOPERATION AGREEMENT
BETWEEN THE COUNTY OF ORANGE AND CITY OF BREA
(attached)
AMENDMENT SEVEN TO
COOPERATION AGREEMENT BETWEEN
THE COUNTY OF ORANGE
AND
CITY OF BREA
This Amendment Number SEVEN (hereinafter “Amendment SEVEN”) is made and entered into by the County of Orange, a political subdivision of the State of California, (“COUNTY”) and CITY OF __BREA________, a municipal corporation, (“CITY”), UEI number PU9SHMKA84D6 which are sometimes individually referred to as “Party” or collectively referred to as “Parties”, and is effective as of July 1, 2027, hereinafter referred to as “EFFECTIVE DATE”.
WHEREAS, COUNTY and CITY executed that certain COOPERATION AGREEMENT “Small-City” (hereinafter, as amended, “Original Agreement” or “Agreement”) for commencement July 1, 2005; and
WHEREAS, the Original Agreement was amended by Amendment ONE, effective as of July 16, 2008; and
WHEREAS, the Original Agreement was amended by Amendment TWO, effective as of July 1, 2012; and
WHEREAS, the Original Agreement was amended by Amendment THREE, effective as of July 1, 2015; and
WHEREAS, the Original Agreement was amended by Amendment FOUR, effective as of July 1, 2018; and
WHEREAS, the Original Agreement was amended by Amendment FIVE, effective as of July 1, 2021; and
WHEREAS, the Original Agreement was amended by Amendment SIX, effective as of July 1, 2024; and
WHEREAS, U.S. Department of Housing and Urban Development (“HUD”) Notice CPD-26-08 allows “automatic” renewals for one successive three year Urban County qualification period provided that COUNTY sends a letter to CITY notifying it that the Original Agreement will be renewed unless CITY notifies COUNTY that it wishes to terminate the agreement and a copy of such a letter is provided to HUD; and WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on February 24, 2026; and
WHEREAS, CITY did not advise COUNTY that it wished to terminate the Original Agreement with County; and
WHEREAS, the CITY’s City Manager and the COUNTY’s Director of Orange County Community Resources have been duly authorized by their City Council and Board of Supervisors, respectively, to execute this Amendment SEVEN; and WHEREAS, the Parties agree to further amend the Original Agreement at this time in the manner set forth herein.
NOW, THEREFORE, the Parties hereby agree as follows:
I. Modifications to the Original Agreement
1. Section 2 of the Original Agreement is amended in its entirety as follows:
“COUNTY shall have the authority to carry out activities, which will be funded from annual Community Development Block Grant (“CDBG”), Home Investment Partnership (“HOME”) and Emergency Solutions Grant (“ESG”) Program funds appropriated for Fiscal Years 2027-2028, 2028-2029 and 2029-2030 and from any program income generated from the expenditure of such funds.”
2. Section 9 of the Original Agreement is amended and shall read as amended in its entirety as follows:
“This Agreement shall cover the three-year program period for Fiscal Years 2027-2028, 2028-2029 and 2029-2030, respectively of CDBG, HOME and ESG programs, including any subsequent Supplemental sources (Paragraph 23 of the Agreement). In no event shall this agreement be terminated by either Party before June 30, 2030, except as allowed in legislation enacted by the U.S. Congress for termination or withdrawal from the Urban County Program and as permitted by HUD.
This Agreement remains in effect until the CDBG (and, where applicable, HOME and ESG) funds and program income received (with respect to activities carried out during the three-year qualification period, and any successive qualification periods under agreements that provide for automatic renewal) are expended and the funded activities completed, and the COUNTY and CITY cannot terminate or withdraw from this Agreement while it remains in effect.”
3. Section 10 shall be added to Agreement to read:
“In accordance with HUD Notice CPD 26-08, this Agreement will renew automatically for participation in one successive three-year Urban County qualification period (July 1, 2030 to June 30, 2033) unless COUNTY or CITY provides written notice that it elects not to participate in a new qualification period. A copy of the termination notice must be sent to HUD Field Office by the date specified on the HUD Exchange Urban Counties website.
COUNTY shall notify CITY in writing of its right not to participate any longer
than the date specified in HUD’s Urban County Qualification Notice for the next qualification period. A copy of the County’s notification must be sent to the HUD field office by the date specified on the HUD Exchange Urban Counties website.”
4. Section 11 of the Original Agreement is amended to read:
“CITY and COUNTY agree to adopt amendment(s) to this Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) when applicable and to submit such amendments to HUD.
The COUNTY will notify CITY of its right to terminate its participation in the program based on the adoption of any such amendment. If either CITY or COUNTY refuses to adopt any such amendment, and to submit such amendment to HUD, this Agreement will be voided for such qualification period.”
5. Section 14 of the Original Agreement is amended to add subsection (d) as follows:
“d. This Agreement covers the following formula funding programs administered by HUD: CDBG, HOME, and ESG, and CITY may receive a formula allocation under the HOME and ESG Programs only through the COUNTY. This does not preclude the COUNTY or the CITY from applying for HOME or ESG funds from the State, if the State allows.”
6. Section 24 of the Original Agreement is amended to read:
“CITY may void this Agreement only if it submits to COUNTY on or before June 2027 the notification from HUD that CITY has qualified as a “Metropolitan City” or an “Entitlement City” prior to the completion of the re-qualification process for Fiscal Years 2027-2028, 2028-2029, and 2029- 2030. Upon such notification by HUD, CITY also must submit to COUNTY and HUD written notification of its decision to either remain in the Urban County Program as a “Metropolitan City” or become an “Entitlement City” as a separate entity. If this Agreement is not voided, then CITY must participate in COUNTY’s Urban County for the entire three-year qualification period (FYs 2027/2028 through 2029/2030).”
II. Additional Agreements
The terms of the Additional Agreements in the Original Agreement are hereby amended as follows:
1. The COUNTY and the CITY agree to cooperate to undertake, or assist in undertaking, essential community development and housing assistance activities in and for the benefit of the CITY, as approved and authorized between the Parties in the CDBG agreements, including the Consolidated Plan.
2. The CITY understands and agrees that it may not apply for grants under the State CDBG Program for the fiscal years during the period in which the CITY participates in the COUNTY’s CDBG Program. The COUNTY agrees that the CDBG funds that the CITY is entitled to will be utilized to benefit the CITY.
3. The COUNTY and the CITY shall take all actions necessary to assure compliance with the COUNTY’S certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, and that the grant will be conducted and administered in conformity with:
a. Title VI of the Civil Rights Act of 1964 and the implementing regulations at 24 CFR Part 1;
b. The Fair Housing Act, and the implementing regulations at 24 CFR Part 100, and will comply with the obligation to affirmatively further fair housing including the obligations set forth in 24 CFR 91.225(a) and 5.105(a); and
c. Section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR Part 6, which incorporates Section 504 of the Rehabilitation Act of 1973 and the implementing regulations at 24 CFR Part 8, Title II of the Americans with Disabilities Act of 1974 and the implementing regulations at 28 CFR Part 35, the Age Discrimination Act of 1975 and the implementing regulations at 24 CFR Part 146, Section 3 of the Housing and Urban Development Act of 1968, Uniform Relocation and Real Property Policies Act of 1970 and the implementing regulations at 49 CFR Part 24, Section 104(d) of the Housing and Community Development Act of 1974 and the implementing
regulations at 24 CFR Part 425, and all other applicable laws and regulations. The Parties agree that no urban county funding will be used for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY’S actions to comply with the COUNTY’S fair housing certification. The Parties acknowledge and agree that noncompliance by a unit of general local government included in an urban county may constitute
noncompliance by the grantee (i.e., the urban 14 county) that can, in turn, provide cause for funding sanctions or other remedial actions by the Department.
4. The CITY, COUNTY, and all other applicable units of general local government, may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or nonFederal considerations, but must use such funds for activities eligible under
Title I of the Housing and Community Development Act of 1974, as amended.
5. All other provisions of the Original Agreement, as amended, a copy of which is attached hereto as Exhibit A and incorporated by this reference, to the extent they are not inconsistent with this Amendment SEVEN, remain unchanged and in full force and effect.
IN WITNESS WHEREOF, CITY has caused this Amendment SEVEN to be executed by its City Manager and attested by its City Clerk; COUNTY has caused this Amendment SEVEN to be executed by the Director of the Orange County Community Resources; each having been duly authorized by the CITY Council and the COUNTY Board of Supervisors, respectively.
ATTEST:
City of __Brea_______, a municipal
Corporation in the State of California
By: By:
Name: Kristin Griffith Name: Victoria Popescu
Title: City Manager Title: City Clerk
Date: Date:
COUNTY OF ORANGE, a political
subdivision of the State of California
By:
Dylan Wright, Director
Orange County Community Resources
Date:
////////////////////////////////////////////////////////////////////////////////////////////
ORIGINAL AGREEMENT, AS AMENDED, APPROVED AS TO FORM AND REQUIRED COUNTY COUNSEL OPINION STATEMENT:
The terms and provisions of the Original Agreement, including this Amendment SEVEN, are fully authorized under State and local law and the Agreement provides
full legal authority for the County to undertake, or assist in undertaking, essential community development and housing assistance activities within the CITY’s jurisdiction.
Office of the County Counsel
Deputy County Counsel Dated
Exhibit A
Original Cooperation Agreement and Amendment Numbers ONE through SIX
CITYofBREA
City Council Regular Meeting
Communication
July 21, 2026
Item No. 4E.
Increase of Campaign Contribution Limit
TO PREPARED BY
Honorable Mayor and City Council Members Victoria Popescu, City Clerk
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Kristin Griffith, City Manager Kristin Griffith, City Manager
RECOMMENDATION
Staff recommends that the City Council take the following action:
1. Adopt Resolution No. 2026-56 increasing the campaign contribution limit for elective city offices to $5,900 per person, which is the same amount as the State’s current default campaign contribution limit for local jurisdictions.
BACKGROUND/DISCUSSION
In 2019, the Legislature enacted AB 571 to amend the Political Reform Act of 1974 (“PRA”) with respect to campaign contribution limits for elective county and city offices. AB 571 authorizes counties and cities to adopt an ordinance or resolution establishing a campaign contribution limit. The legislation also sets a default campaign contribution limit for elective county and city offices in local jurisdictions that do not establish their own campaign contribution limit.
On September 20, 2022, the City Council adopted Resolution No. 2022-064 to establish a $4,900 per person campaign contribution limit for elective city offices. At the time, that limit matched the State’s default campaign contribution limit for local jurisdictions. However, as a result of an inflationary adjustment by the Fair Political Practices Commission in 2023 and 2025, the State’s default campaign contribution limit for local jurisdictions now is set at $5,900 per person.
A resolution to increase the City’s campaign contribution limit to match the State’s current default campaign contribution limit for local jurisdictions has been prepared for the City Council's consideration. Setting the City’s campaign contribution limit at $5,900 per person will ensure there is no impact on past or future fundraising by candidates for the November 3, 2026 General Municipal Election. The resolution also provides that future inflationary adjustments to the State’s default campaign contribution shall automatically result in an equivalent adjustment to the City’s campaign contribution limit.
Attachments
Resolution.pdf
RESO NO. 2026-XX
July 21, 2026
1 3276108.3
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE BREA CITY COUNCIL INCREASING THE
CAMPAIGN CONTRIBUTION LIMIT FOR ELECTIVE CITY OFFICES
PURSUANT TO ASSEMBLY BILL 571 (2019)
A. RECITALS:
(i) Government Code Section 85702.5, enacted by Assembly Bill (“AB”) 571 (2019), authorizes counties and cities to adopt an ordinance or resolution imposing a campaign contribution limit for elective county and city offices. (ii) AB 571 establishes a default campaign contribution limit for elective county and city offices in local jurisdictions that do not establish their own campaign contribution limit.
(iii) Pursuant to AB 571, on September 20, 2022, the City Council adopted Resolution No. 2022-065 to establish a $4,900 per person campaign contribution limit to match the State’s then-current default campaign contribution limit for local jurisdictions. (iv) As a result of inflationary adjustments by the Fair Political Practices Commission (“FPPC”) in 2023 and 2025, the State’s default campaign contribution limit for local jurisdictions now is $5,900 per person.
(v) To ensure there is no impact on past or future fundraising by candidates for the November 3, 2026 General Municipal Election, the City Council desires to increase City’s campaign contribution limit to match the State’s current default campaign contribution limit for local jurisdictions.
B. RESOLUTION:
NOW, THEREFORE, the City Council finds, determines, and resolves as follows:
RESO NO. 2026-XX
July 21, 2026
2 3276108.3
1. The facts set forth in the Recitals are true and correct.
2. Purpose. This Resolution increases a campaign contribution limit as authorized by the Political Reform Act of 1974 (“PRA”) (Government Code Section 81000 et seq.), specifically pursuant to the authority conferred by Government Code Section 85702.5(a).
3. Campaign Contribution Limit. A person shall not make to a candidate for elective city office for the City of Brea, and a candidate for elective city office for the City of Brea shall not accept from a person, a contribution totaling more than $5,900 per election. Each time the FPPC makes an inflationary adjustment to the State’s default campaign contribution limit for local jurisdictions, the City’s campaign contribution limit specified in the preceding sentence shall automatically match the State’s new limit without amendment of this Resolution or further City Council action. The provisions of this section do not apply to a candidate’s contributions of the candidate’s personal funds to the candidate’s own campaign.
4. Prior Resolution. The campaign contribution limit set by this Resolution supersedes the limit set by Section 3 of Resolution No. 2022-064. This Resolution does not otherwise affect Resolution No. 2022-064.
5. Administration. The terms used in Section 3 of this Resolution shall have the same meaning as those terms are used in the PRA and associated FPPC regulations. This Resolution shall be administered consistent with the PRA and associated FPPC regulations.
RESO NO. 2026-XX
July 21, 2026
3 3276108.3
6. Enforcement. Violation of Section 3 of this Resolution may be prosecuted as a misdemeanor, infraction, or a civil administrative action pursuant to Chapter 1.04 of the Brea City Code.
7. Effective Date. This Resolution shall be effective upon adoption.
8. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Resolution shall nonetheless remain in full force and effect. The City Council declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Resolution, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Resolution be declared invalid or unenforceable.
9. Certification. The City Clerk shall certify to the passage and adoption of this Resolution.
APPROVED AND ADOPTED this 21st day of July, 2026.
_______________________________
Cecilia Hupp, Mayor
ATTEST: ________________________
Victoria Popescu, City Clerk
I, Victoria Popescu, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was passed at a regular meeting of the City Council, held on the 21st day of July, 2026, by the following vote:
RESO NO. 2026-XX
July 21, 2026
4 3276108.3
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
Dated:________________________________
________________________________
Victoria Popescu, City Clerk
CITYofBREA
City Council Regular Meeting
Communication
July 21, 2026
Item No. 4F.
SB 1205 State Mandated Inspection Annual Report
TO PREPARED BY
Honorable Mayor and City Council Members Nicole Pesqueira, Fire Marshal
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Dan Mielke, Fire Chief Kristin Griffith, City Manager
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. Approve the report as presented and Adopt Resolution No. 2026-57, accepting the 2025 California State Fire Marshal mandated inspection report.
BACKGROUND/DISCUSSION
After the tragic 2016 “Ghost Ship Fire” in Oakland that killed 36 people, Senator Jerry Hill introduced SB 1205, The Fire protection services, Compliance Reporting. The bill was passed, and Section 13146.4 was added to the State's Health and Safety Code.
With the signing of SB 1205 (Hill) on September 27, 2018, by the Governor, the California Health and Safety Code was amended, adding Section 13146.4, requiring all fire departments that perform annual inspections pursuant to Section 13146.2 and 13146.3 to report annually to their administering authority on their compliance with those inspection requirements. These sections mandate annual inspections of all public and private schools, hotels, motels, lodging houses, and all apartment buildings be performed by the fire department. The purpose of annual fire inspections is to mitigate known hazards, reduce risk to the community and ensure reasonable compliance with the California Fire Code.
This bill requires every city or county fire department or district to perform the above-described inspections, and to report annually to its administering authority on the department or district’s compliance with the above-described inspection requirements. The bill also requires the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. Further, the acceptance of this compliance report and the recommended Resolution fulfill the statutory requirements contained in California Health and Safety Code Section 13146.2, 13146.3 and 13146.4, as amended by SB 1205.
In the calendar year of 2025, the Brea Fire Department inspected 7 of 7 hotels and motels. They conducted 160 out of 160 inspections of condominiums and apartment buildings. California Health and Safety Code Section 13146.3 mandates that the local fire department inspect all public and private schools once annually. In the calendar year of 2025, Brea Fire Department inspected 15 of 15 school facilities. The Brea Fire Department also completed 100.0% of its annual inspections of all known mandated buildings that are included within the mandate for the year. In total, the Brea Fire Department conducted 182 of the 182 mandated annual inspections.
COMMISSION/COMMITTEE RECOMMENDATION
Staff recommends the adoption of Resolution No. 2026, acknowledging acceptance of a report on the Brea Fire Department’s compliance with SB1205 and California Health and Safety Code Section 13146.4.
FISCAL IMPACT/SUMMARY
There are no fiscal impacts with the filing and acceptance of this report.
Attachments
SB 1205 Reso 2025.pdf
1 RESOLUTION NO.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BREA, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A
REPORT ON THE STATUS OF STATE MANDATED
ANNUAL FIRE INSPECTIONS
A. RECITALS:
(i) Health and Safety Code Sections 13146.2 and 13146.3 require fire departments that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards.
(ii) Health and Safety Code Section 13146.4 requires fire departments to give their administering authority an annual report of their compliance with such annual inspection requirement.
(iii) It is the intent of the City Council that this Resolution shall serve to acknowledge receipt of the Fire Department’s annual report concerning compliance with the state-mandated annual fire inspections B. RESOLUTION:
NOW, THEREFORE, the City Council finds and resolves as follows:
1. The facts set forth in the Recitals, Part A, above, are true and correct.
2. EDUCATIONAL GROUP E OCCUPANCIES:
Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City of Brea, there are 15 Group E occupancies, buildings, 2 2 structures and/or facilities. During calendar year 2025, Brea Fire Department completed the annual inspection of all 15 Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100% for this reporting period.
3. RESIDENTIAL GROUP R OCCUPANCIES:
Residential Group R occupancies, for the purposes of this Resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), and so forth., as well as certain other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including, but not limited to, those related to custodial care, mobility impairments, and/or cognitive disabilities. The residents may also be non-ambulatory or bedridden. Within the City of Brea, there are 167 Group R (and their associated sub-categories) occupancies of this nature. During the 2025 calendar year, the Brea Fire Department completed the annual inspection of all 167 Group R occupancies, buildings, structures and/or facilities. This is a compliance rate of 100% for this reporting period.
4. ACKNOWLEDGMENT:
The City Council acknowledges receipt of the foregoing report concerning compliance by the Fire Department with the annual fire inspections mandated by Health and Safety Code Sections 13146.2 and 13146.3.
APPROVED AND ADOPTED this ____ day of July, 2026.
3 Cecilia Hupp, Mayor
ATTEST:
Victoria Popescu, City Clerk
CITYofBREA
City Council Regular Meeting
Communication
July 21, 2026
Item No. 4G.
Award RFP No. 2026.06.02.01 - Emergency Basic Life Support Ambulance Surge Services
TO PREPARED BY
Honorable Mayor and City Council Members Danielle Boal, EMS Manager
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Dan Mielke, Fire Chief Kristin Griffith, City Manager
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. Approve an agreement with Emergency Ambulance Services, Inc. to provide backup Emergency Basic Life Support ("BLS") ambulance services, and
2. Authorize the City Manager to approve any extension option(s).
BACKGROUND/DISCUSSION
Since the start of the Ambulance Program in 2025, the City has contracted with a third party for backup coverage.
In FY 2025, backup ambulances were utilized 255 times, with 184 of those responses resulting in patient transports. Backup ambulance services are necessary to maintain timely emergency medical transport capability when City ambulance resources are committed to other incidents, unavailable due to unit status, or when call volume exceeds available in-house capacity. Currently, Emergency Ambulance Services holds that contract.
Emergency Ambulance Services, Inc., has provided primary or backup ambulance transport services since 1978.
In accordance with Ordinance 933, staff issued a Request for Proposal (RFP) on June 2, 2026 for backup emergency ambulance services, which was disseminated to the two (2) licensed EMS medical transport services for 911 transport services in the County. This included Emergency Ambulance Services and Falck Ambulance. For reference, the RFP and agreement are included as Attachment A. Emergency Ambulance Services was the only proposer and is also the current provider of such services.
Emergency Ambulance has proposed a primary response rate of $68.00 per 15-minute interval, with no charge if the response is canceled within the first five (5) minutes. This rate is inclusive of all costs associated with performing primary backup BLS ambulance services.
A committee of three (3) Fire Services staff members evaluated the proposal. Following a thorough review, staff recommends approval of a two-year agreement with Emergency Ambulance Services for backup Basic Life Support (BLS) ambulance transport services, effective from July 21, 2026 to July 20, 2028.
FISCAL IMPACT/SUMMARY
FY 2026-27 Operating Budget currently accounts for $78,000 for backup ambulance services within the Paramedic Services Fund (174). This contract will not exceed what is included in a City Council-approved budget. Currently, no additional appropriation is needed.
Attachments
Attachment A- RFP No. 2026.05.04.01 Emergency Basic Life Support Ambulance Surg Services - Agreement.pdf Emergency Basic Life Support Ambulance Services
(Surge Services)
This Agreement for Ambulance Services Agreement—Surge Services (“Agreement”) is dated July 21, 2026 for reference purposes and is executed by the City of Brea, a California municipal corporation (“City”), and Emergency Ambulance Services, Inc., a California Corporation (“Contractor”). City and Contractor are each a “Party” and together the “Parties.”
RECITALS
A. City is authorized by Section 38794 of the Governing Code, Section 1797.201 of the Health & Safety Code, and Section 8.36.050 of the Brea City Code to provide ambulance service for provision of ambulance services in response to emergencies in Brea, including providing such services pursuant to a contract with an ambulance service operator.
B. City previously contracted with Contractor to be the exclusive provider of emergency Basic Life Support Services (“BLS”) and emergency Advanced Life Support (“ALS”) ambulance patient transport in coordination in the Brea Fire Department (“BFD”).
C. BFD will assume direct responsibility as the provider of BLS and ALS services in the City as of the Effective Date, at which time City will require one or more independent contractors to provide non-exclusive, on-call ambulance services on a need and necessity basis when BFD determines additional capacity is necessary to respond to an unusual or unexpected need for ambulance service (“Surge Services”).
D. City intends to retain two independent contractors to provide Surge Services; one to be on call as BFD’s primary backup (“Primary Backup) and another to be BFD’s secondary backup (“Secondary Backup”) at times when the Primary Backup is unable to provide Surge Services.
E. Contractor represents that it is duly licensed, fully authorized by law, and has the necessary experience and qualifications, to provide such Surge Services as the Primary Backup to BFD subject to the terms and conditions of this Agreement.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
1. Contractor’s Services
A. Scope of Services. Contractor shall be BFD’s Primary Backup and provide Surge Services in accordance with the Scope of Services set forth in the attached Exhibit A, and as otherwise required by this Agreement (collectively, “Services”), all to City’s satisfaction.
B. Contractor’s Understanding of the Services. By execution of this Agreement, Contractor:
(i) warrants that it has thoroughly investigated and considered the Services; possesses and shall maintain all licenses required to perform the Services; has expertise in the provision of the Services; has carefully considered how the Services should be performed; and fully understands the difficulties and restrictions attending the performance of the Services; (ii) acknowledges that City may, in its sole and absolute discretion, retain one or more other independent contractors to provide Surge Services in lieu of or in addition to those provided by Contractor.
Emergency Basic Life Support Ambulance Services
(Surge Services)
C. Standard of Care. 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.
2. Compensation, Reimbursements & Fees
A. Compensation. Contractor shall be compensated for the Services provided under this Agreement as set forth in the attached Exhibit B, but in no event will Contractor’s total compensation under this Agreement exceed City Council approved budget unless payment in excess of that amount has been approved by the City Council as required by the City’s Purchasing Policy and pursuant to Chapter 3.24 of the Brea Municipal Code.
B. No Patient Billing. In no event shall Contractor seek compensation or reimbursement from persons receiving ALS or BLS care under this Agreement.
C. City Reimbursement. Contractor shall reimburse City for its contribution of services, materials and equipment, if any, in accordance with the terms and conditions set for the in the attached Exhibit B.
3. Contingency Work
This Agreement does not include any contingency or additional work. Any additional work performed by Contractor without a written amendment or approval of the City shall be deemed to be work included within the Services.
4. Term
A. The term of this Agreement is a two-year term and shall commence on July 21, 2026 (“Effective Date”). Unless extended or earlier terminated as provided herein, this Agreement shall expire on: July 20, 2028.
B. The City Fire Chief may extend the term if he or she, in their sole reasonable discretion, determines such an extension is in the interests of the health and safety of the public. Any additional extensions of the term shall require the written agreement of both Parties and approval by the City Manager.
C. City Manager Authority. The City Manager may exercise extension options without prior City Council Approval if both of the following conditions are satisfied: (i) the compensation to be paid Contractor of the applicable extension period has been approved and is included in a City Council-approved budget; and (ii) Contractor is not in breach of this Agreement.
5. Time of Performance
Emergency Basic Life Support Ambulance Services
(Surge Services)
A. Operating Schedules & Deadlines. Contractor shall complete all Services during the term of this Agreement in a prompt manner and shall meet any established operating schedules and deadlines that the Parties may agree to in writing.
B. Notice to Proceed. Contractor shall commence performance within two (2) business days of receiving City’s written Notice to Proceed. Contractor shall not perform any of the Services until receiving the Notice to Proceed from the Fire Chief. The Fire Chief may delay delivery of the Notice to Proceed in order to protect public health and safety in the event the Contractor is for any reason unable to commence performance at that time.
C. 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, provided Contractor’s performance under any such conditions must always meet the standard of care generally exercised by like professionals under similar circumstances. Contractor’s lack of financial capability, shall not constitute a force majeure event unless directly attributable to any of the foregoing events.
Should a force majeure event occur, the non-performing party shall as soon as possible give 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 from expiration or termination of this Agreement.
7. Compliance with Law
A. Contractor shall comply with all applicable federal state, and local laws, including Cal/OSHA requirements and Chapter 8.36 of the Brea Municipal Code.
B. Contractor shall maintain a City of Brea business license at all times while operating in the City.
8. 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.
Emergency Basic Life Support Ambulance Services
(Surge 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 making the subcontractor subject to all requirements of this Agreement.
C. If use of a subcontractor is approved, then City may withhold 5% of any 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.
9. 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 determine 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 information 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 require to perform the Services. 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 E. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Contractor’s personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Contractor under this paragraph shall survive expiration or termination of this Agreement.
Emergency Basic Life Support Ambulance Services
(Surge Services)
10. 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 of 2013 (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.
11. Insurance
Unless otherwise permitted or waived in writing by City’s Risk Manager, Contractor shall not commence work until it has secured all insurance required under this section and provided 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 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: 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 the role of City officials, as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
Emergency Basic Life Support Ambulance Services
(Surge Services)
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 form and with insurance companies acceptable to City.
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).
iii. 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 3700 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. Contractor shall maintain professional liability or errors and omissions insurance appropriate to its profession (which shall include ambulance medical malpractice coverage), 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. 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.
Emergency Basic Life Support Ambulance Services
(Surge 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 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. ii. The following insurance limits are required for this Agreement:
Commercial General
Liability
$5,000,000 per occurrence/ $10,000,000 aggregate for
bodily injury, personal injury, and property damage
Automobile Liability $3,000,000 per occurrence (any auto) for bodily injury and property damage/ $10,000,000 annual aggregate
Workers' Compensation
and Employer's Liability
Workers' Compensation in the amount required by
California law.
Professional Liability $5,000,000 each claim and $10,000,000 aggregate.
Cyber Liability $2,000,000 each claim
Sexual Misconduct
Liability Insurance
$3,000,000 per occurrence.
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 parties required to be named as additional insured pursuant to this Agreement.
G. Proof of Insurance. 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 copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (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 cancellation of any policy required by this Agreement, except that Contractor shall provide at least 10 days prior written notice of cancellation of any such policy due to non-payment of premium. 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 Emergency Basic Life Support Ambulance Services
(Surge Services)
additional insured endorsement to City at least 10 days prior to the effective date of cancellation or expiration.
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 insurance, self-insurance or other coverage maintained by City or any additional insureds shall not be called upon to contribute to any loss. iii. 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 City, 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 such 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 coverage 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. iii. 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 Emergency Basic Life Support Ambulance Services
(Surge Services)
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 has 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 insureds, using ISO form CG 20 38 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.
12. Indemnification
A. 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 Indemnitees. Contractor shall have no liability hereunder for claims and liabilities arising out of the sole, active negligence of any of the Indemnitees.
B. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.
13. 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.
14. Termination
A. City may terminate any portion or all of the Services or this Agreement with or without cause by giving 30-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 Emergency Basic Life Support Ambulance Services
(Surge Services)
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. Termination pursuant to this paragraph shall not in any manner limit or preclude any additional remedy available at law or in equity. City shall not terminate the Agreement for cause without first providing Contractor a written notice of default and demand to cure, and Contractor has failed to cure such default within 30 days of receipt of such notice.
The City Manager may, in his or her sole discretion, extend the time period by which Contractor must cure such deficiencies if the City Manager finds that Contractor is diligently proceeding with all steps necessary to cure such default.
B. City may take immediate action to remedy Contractor’s breach itself or terminate this Agreement, with or without prior notice to Contractor, if the City Manager in his or her sole discretion finds that Contractor’s breach has created, is creating, or threatens to create an immediate danger to the health and safety or general welfare. In the event of such action or termination, Contractor shall fully cooperate with and shall immediately assist City and any successor ambulance service operator(s) to effectuate an immediate, efficient, orderly takeover of the Services so there is no service interruption to the public. Contractor expressly agrees that these emergency takeover provisions are reasonable and necessary in light of the serious public health and safety aspects associated with the provision of services under the Agreement.
Any legal action taken by Contractor to challenge either a termination for cause or emergency takeover of this Agreement shall only be initiated by Contractor after the emergency takeover or termination for cause above, has been completed, and shall not under any circumstances whatsoever be allowed to delay the process of takeover by the City. Contractor’s cooperation with, and full support of, such emergency takeover processed shall not in any way jeopardize or limit Contractor’s right to recover damages should a court of competent jurisdiction determine that the City wrongfully terminated this Agreement. Contractor waives any right to seek any declaratory or equitable relief, including a restraining order or injunction, against either the termination or an emergency takeover.
C. Contactor may terminate this Agreement only for cause and by serving written notice of termination to City, provided Contractor has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.
15. Final Payment Acceptance Constitutes Release
Contractor’s acceptance of City's final payment under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for the Services or anything done or furnished relating thereto. Neither City's payment to Contractor nor approval of payment constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such or payment or approval be Emergency Basic Life Support Ambulance Services
(Surge Services)
deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its employees, subcontractors and agents.
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 under this Section shall survive the expiration or termination of this Agreement.
17. Data Security
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 Emergency Basic Life Support Ambulance Services
(Surge Services)
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 1798.82 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 Paul Scarborough or their designee with written notice to City, 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 the City Fire Chief or their 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. Equal Opportunity
Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
20. Notices
A. 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 Emergency Basic Life Support Ambulance Services
(Surge Services)
business hours or by e-mail before or during the receiving party’s regular business hours; (b) 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 Contractor
City of Brea
1 Civic Center Circle
Brea, CA 92821
Attn: Brea Fire Chief
With a copy sent to the Brea City
Clerk at the same address
Emergency Ambulance Services, Inc.
3200 E. Birch Street, Suite A
Brea, CA 92821
B. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Contractor.
22. 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 affirming 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 Emergency Basic Life Support Ambulance Services
(Surge Services)
from the award or making of this Agreement. If required, Contractor further agrees to file, or shall cause its employees or 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.
23. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
24. 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.
25. Attorneys’ Fees
If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.
26. 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.
27. Time of Essence
Time is of the essence in each and every provision of this Agreement.
28. Exhibits The attached Exhibit A and Exhibit B 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.
29. Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
30. Corporate Authority
Emergency Basic Life Support Ambulance Services
(Surge Services)
A. Each person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of Contractor and that by his or her execution, Contractor is formally bound to the provisions of this Agreement.
B. Contractor certifies it is aware of the requirements of Sections 313 of the California Corporations Code. If Contractor is a corporate entity, it shall either: (a) provide City written proof that each person executing this Agreement on Contractor’s behalf is duly authorized to bind Contractor; or (b) provide two signatories to this Agreement, of whom the first must be Contractor’s chairman of the board, president, or a vice president and the second must be Contractor’s secretary, an assistant secretary, its chief financial officer, or an assistant treasurer.
31. Entire Agreement
This Agreement (including the attached Exhibits) represents the entire understanding of the parties 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 acknowledges 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]
Emergency Basic Life Support Ambulance Services
(Surge Services)
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.
EMERGENCY AMBULANCE SERVICES, INC.
By: __________________________ By: __________________________ Paul Scarborough
President and CEO
[email protected]
Date Signed: _______________ Date Signed: _______________ CORPs: Chairperson, President, Vice President; CORPs: Secretary, Asst. Secretary, Chief Finance LLCs: Manager Officer, Asst. 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), both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] City of Brea Attest (if over $25,000)
By: __________________________ By: __________________________ Kristin Griffith
City Manager
[email protected]
Victoria Popescu
City Clerk
[email protected]
Date Signed: _______________ Date Signed: _______________ Paul Scarborough (Jul 2, 2026 15:42:35 PDT)
07/02/26
Emergency Basic Life Support Ambulance Services
(Surge Services)
EXHIBIT A
Scope of Services and Specifications Requirements
Contract Term: The term of this Agreement is two-year term.
Please refer to the City’s sample agreement for additional details.
SCOPE OF SERVICES
Purpose
The purpose of this Scope of Services is to define the requirements for a Supplemental Ambulance Provider (“Contractor”) to supplement the City’s emergency medical transport capability. The Contractor will provide Basic Life Support (BLS) ambulance transport and standby services only upon specific activation by the City of Brea (Fire Department) or Metro Cities Fire Authority dispatch.
Services provided under this Request for Proposals will be non-exclusive. The City reserves the right to prioritize its own personnel, neighboring agency mutual-aid partners, or other contracted providers ahead of the Contractor to meet emergency medical transport needs. The City does not guarantee the Contractor will be the first resource contacted after City units are committed; activation order shall be determined solely by the City based on operational needs, costeffectiveness, and availability.
Minimum Qualifications
Only Orange County Emergency Medical Services (OCEMS) licensed ambulance transport organizations with verifiable 9-1-1 experience in Orange County shall be considered. All personnel assigned must possess current California EMT certification, OCEMS accreditation, and CPR certification.
Scope of Services
• Provide BLS transport in accordance with OCEMS policies, procedures, and treatment protocols.
• Operate under the direction of City of Brea (Fire Department) personnel, who retain medical authority for patient care and transport decisions at the scene. • Transport patients as directed by City of Brea (Fire Department) personnel to appropriate receiving facilities within or outside the City of Brea. • Provide patient transfer consistent with OCEMS and City of Brea (Fire Department) protocols.
• Services shall be provided without regard to national origin, ethnicity, color, religion, sex, sexual orientation, gender identity, age, insurance status, or ability to pay. • The Contractor shall ensure that all ambulance operations and personnel comply at all times with applicable federal, state, and local laws and regulations, including California Health and Safety Code Division 2.5, California Code of Regulations Title 22 Division 9 Chapter 2, and all OCEMS and City of Brea policies and protocols.
Emergency Basic Life Support Ambulance Services
(Surge Services)
Activation and Dispatching
• All dispatching communications will occur through Metro Cities Fire Authority or as otherwise directed by the City.
• The Contractor shall be activated only when determined necessary by the City and may be called at any time, 24 hours a day, 7 days a week.
• The Contractor shall maintain the ability to mobilize and be en route within two (2) minutes of notification. The City acknowledges that total response time will vary based on the responding unit's point of origin.
Personnel and Equipment
• Each ambulance shall be staffed by two (2) OCEMS-accredited Emergency Medical Technicians (EMTs).
• All EMTs assigned to City responses must maintain valid California EMT certification, OCEMS accreditation, and current CPR certification.
• The Contractor shall ensure all EMT certifications, OCEMS accreditations, and CPR credentials remain current at all times. Any lapse in certification constitutes a material breach of contract.
• The Contractor shall ensure that all assigned personnel meet OCEMS background, physical, and driver-record standards and remain enrolled in the California DMV Pull-Notice Program.
The City reserves the right to review documentation verifying compliance. • Personnel shall wear clean, professional uniforms identifiable with the Contractor’s agency name and meet City of Brea (Fire Department) appearance and conduct standards. • Contractor must ensure that all EMTs are sufficiently knowledgeable and follow all OCEMS Protocols.
• Contractor shall implement a comprehensive plan appropriate policies and procedures for compliance with the Health Insurance Portability and Accountability Act of 1996 and the latest rules and regulations enacted by the Department of Health and Human Services (collectively “HIPAA”). Contractor is responsible for all aspects of its HIPAA compliance, including protecting the confidentiality of patient information, and the cost of such compliance. Contractor shall immediately report to City and OCEMS any violations or possible violations of HIPAA rules and regulations along with Contractor’s actions to mitigate the effect of such violations.
• Each responding ambulance shall meet or exceed California Code of Regulations Title 13 and Title 22 and all applicable OCEMS and California Highway Patrol specifications. • All ambulances shall be Type III modular or equivalent, equipped with all required BLS supplies, safety gear, and OCEMS-approved communications equipment, including 800 MHz radio interoperability with Metro Cities Fire Authority. The Contractor shall be solely responsible for the procurement, programming, and maintenance costs of all radio equipment.
• Vehicles shall be in safe mechanical condition and subject to inspection by the City of Brea (Fire Department) or its designee.
• All ambulances operating under this contract shall display the Contractor’s company name and vehicle number on both sides and the rear, clearly visible and consistent with OCEMS identification standards.
• The Contractor shall ensure the availability of sufficient operational ambulances to meet activation requests.
• The Contractor shall also maintain a designated Field Supervisor, available 24 hours per Emergency Basic Life Support Ambulance Services
(Surge Services)
day by radio or telephone, who is authorized to make operational decisions and coordinate with the City of Brea (Fire Department) and Metro Cities Fire Authority during activations.
The Field Supervisor must have direct communication capability with on-duty ambulance personnel and dispatch at all times and is responsible for ensuring proper staffing, deployment, and documentation of each response.
Communications and Documentation
• Maintain two-way radio communication with Metro Cities Fire Authority dispatch and the City of Brea (Fire Department) command structure throughout the duration of any assignment. • Record all incidents through OCEMS’ OC-MEDS electronic patient care record (ePCR) system, with copies transmitted to the City of Brea (Fire Department) within OCEMS policy time frames.
• Participate in post-incident reviews when requested by the City of Brea (Fire Department). • Provide activity logs and run reports upon request by the City of Brea (Fire Department) for quality assurance, incident review, or billing documentation.
Service Priority and Redundancy
The City reserves the right to select and contract with multiple Supplemental Ambulance Providers to ensure adequate redundancy.
A. Primary and Secondary Designation: The City may designate the Contractor as a "Primary Supplemental Resource" or a "Secondary Supplemental Resource."
1. Primary Status: Generally utilized immediately after City resources are exhausted.
2. Secondary Status: Generally utilized only after City resources and Primary Supplemental resources (or Mutual Aid partners) are exhausted or unavailable.
B. Change in Status: The City reserves the right to modify the Contractor’s designation at any time based on performance, availability, or the establishment of new Mutual Aid agreements with neighboring jurisdictions.
C. Failure to Respond: If the Contractor is unable to provide an available ambulance within the required time frame upon activation, the Contractor must immediately notify the dispatch center. The City will then utilize other contracted providers or mutual aid resources.
Repeated inability to respond may be considered a material breach of contract.
Invoicing Documentation
The Contractor shall submit itemized invoices for all services rendered under this agreement. Each invoice or accompanying log shall include:
• Date and time of dispatch or activation
• Times of arrival, departure, and release
• Location of response
• Total duration of service (if billed on a time basis) • Total charge or cost associated with each billed incident.
Performance Review and Audit Rights
Emergency Basic Life Support Ambulance Services
(Surge Services)
The City reserves the right to inspect and audit the Contractor’s operational, maintenance, and billing records related to services performed under this agreement to ensure compliance with the Scope of Services and applicable OCEMS requirements.
Compensation
The Contractor will be compensated solely by the City of Brea under the pricing structure submitted with its proposal. The Contractor shall not bill or collect any payment directly from patients, insurers, or third parties.
To account for the variable nature of call volume based on the Service Priority defined in Section, Proposers shall submit pricing for the following scenarios:
A. Operational Rate (Primary Status): An hourly rate for active service time (e.g., from time of dispatch until the unit is available/cleared; the City will not pay more than one 15- minute unit after documented transfer of care) applicable if the Contractor is designated as the "Primary Supplemental Resource."
B. Operational Rate (Secondary Status): An hourly rate for active service time applicable if the Contractor is designated as a "Secondary Supplemental Resource" (lower projected volume).
C. Standby / Move-Up Rate: An hourly rate for dedicated standby time (e.g., staging at a fire station, disaster Surge, or special events) where no transport occurs.
Billing Increments: To ensure consistent billing practices, the rates defined above shall be billed in 15-minute increments. (e.g., 20 minutes of service shall be billed as two 15-minute units).
Rate Inclusions: All rates submitted above shall be fully burdened and inclusive of all operational costs, including but not limited to administrative, supervisory, and field personnel wages and benefits, fuel, vehicle maintenance, insurance, radio equipment, and standard BLS medical supplies used during patient care. No separate charges for mileage or consumables will be accepted.
Alternative Pricing Models: Proposers may submit alternative pricing models (e.g., flat per-activation rates) as an optional addendum for the City's consideration, provided the costs are transparent and clearly defined.
Rates shall remain fixed for the initial 12-month period. Thereafter, the Contractor may submit a written request for a rate adjustment 60 days prior to each contract anniversary. Any such increase shall be strictly limited to the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim area, All Items, as published by the U.S. Bureau of Labor Statistics, for the 12-month period ending in December of the prior year. In no event shall the annual adjustment exceed 4% per year. Decreases in the CPI shall not result in a reduction of rates.
Availability and Term
The initial term of the agreement shall be two (2) years, with the option for the City to renew the agreement for one additional two (2)-year term upon mutual written agreement.
Emergency Basic Life Support Ambulance Services
(Surge Services)
The Contractor shall maintain readiness to respond to activation requests throughout the duration of the agreement. This contract does not guarantee a minimum number of calls or annual revenue.
Activation will occur only as needed, at the sole discretion of the City.
The City anticipates that Supplemental Ambulance Services will commence on July 18, 2026, at 0800 hours, and the selected Contractor shall be fully operational and available for activation at that time.
Qualifications & Experience
This section shall establish the proposer’s ability to perform the required services based on current licensing, staffing capacity, and geographic readiness.
Provide the following information:
• Confirmation of current Orange County Emergency Medical Services (OCEMS) provider license and active 9-1-1 authorization.
• Description of operational coverage area and dispatch center location. • List of ambulance deployment sites or stations nearest the City of Brea, including addresses and approximate drive times to the City limits. • Summary of fleet size, staffing levels, and average daily unit availability. • Identification of all other cities or agencies currently served under contract within a 25-mile radius of the City of Brea, including the type of service provided (e.g., 9-1-1, interfacility transport, standby, or mutual aid).
Staffing & Organization
Identify key personnel responsible for contract performance and coordination with the City of Brea (Fire Department). Include the following information:
• Brief description of the Contractor’s supervisory and deployment structure, including the chain of command during City activations and how ambulance crews and mutual-aid partners are coordinated.
• Primary contract liaison and alternate contact.
• 24-hour Field Supervisor contact information.
• Dispatch center contact and communication capability.
Deployment Plan
The proposal shall include a clear summary of how the Contractor will position and mobilize ambulances when activated by the City.
Please include:
• A map or written description of current or proposed ambulance deployment locations that would serve the City of Fullerton under this contract.
• Estimated response times from each primary location to City limits.
Emergency Basic Life Support Ambulance Services
(Surge Services)
• Brief description of how coverage will be maintained during Surge or mutual-aid activations.
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 from expiration or termination of this Agreement.
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 making the subcontractor subject to all requirements of this Agreement.
C. If use of a subcontractor is approved, then City may withhold 5% of any 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.
Audits and Inspections
Business Office(s).
At any time during normal business hours, and as often as may be deemed reasonably necessary by City, City may observe and inspect Contractor’s business office or offices, and Contractor must make promptly available to City for its examination, all Contractor records that pertain to its performance of the Agreement. City may audit, examine, and copy any and all records that pertain to the performance of this Agreement, including personnel records, daily logs, conditions of employment, financial/billing records, and all other records or data. City’s right to inspect Contractor’s business office and any and all records pertaining to its performance of the Agreement will be restricted to normal business hours and reasonable notice shall be given to Contractor in advance of such inspection.
Facilities/Vehicles.
City may, at any time and without prior notice, observe and inspect Contractor’s vehicles, ambulance dispatch center, maintenance facilities, personnel, and/or any ambulance posting location(s). City employees may be assigned to ride as observers on any Contractor vehicle at any time provided, however, that in exercising this right to inspect and observe, City Employees shall conduct themselves in a professional and courteous manner and shall not interfere in any way with either Contractor’s employees in the performance of their duties or Contractor’s employer-employee relationships
Emergency Basic Life Support Ambulance Services
(Surge Services)
Complaints
Contractor shall immediately notify City in writing of any complaints, inquiries, or investigations initiated by EMSA, and/or any other federal, state, or local regulatory agency regarding Contractor’s service delivery; service quality, billing practices; medical training and/or care; and personnel.
Nothing in this Agreement shall be construed as superseding the authority of any other duly empowered regulatory agency from separately and/or concurrently exercising its authority to provide regulatory oversight and to take action to ensure that Contractor’s private, emergency ambulance response services are administered according to law.
Audit and Access to Records
Public Safeguards and Emergency Takeover. In the event of termination, Contractor shall fully cooperate with and shall immediately assist City and the successor ambulance service operator to effectuate an immediate, efficient, orderly takeover of all 911Fire/EMS Emergency Ambulance Transportation and Related Services within City’s boundaries so as to ensure that there will be no service interruption to the public.
Transition Services
In the event of termination or expiration of the Agreement, Contractor shall continue providing the Services until a successor ambulance service operator is approved to take over the Services from Contractor if requested to do so by City. Contractor’s performance of the Services during this transition period shall be subject to the same terms and conditions that were applicable during the term of the Agreement. During this transition period, Contractor shall fully cooperate with, and immediately assist City and its approved successor ambulance service operator(s) to ensure there is no interruption in provision of the Services to the public.
Contractor may take reasonable steps to prepare for transitioning services to City’s approved successor ambulance service operator(s), and City shall not unreasonably withhold its approval of any Contractor request to begin an orderly transition process, including relocating Contractor’s personal and reducing Contractor’s inventory or supplies, so long as such actions are approved in advance by the Fire Chief and would not impair or impede Contractor's ability to perform Services during the transition period.
End of this Exhibit
Emergency Basic Life Support Ambulance Services
(Surge Services)
Attachment 1 to Exhibit B
PROPOSER’S PROPOSAL AND FEE SCHEDULE
(attached)
Emergency Ambulance Service, Inc.
3200 E. Birch Street, Suite A
Brea, CA 92801
City of Brea
RFP No. 2026.06.02
Request for Proposal June 23, 2026
Emergency Basic Life Support
Ambulance Surge Service
2 Table of Contents
Letter of Transmittal .....................................................................................3 Background .....................................................................................................6 Experience .................................................................................................... 10 Qualifications ................................................................................................ 15 Understanding ............................................................................................. 33 Approach ....................................................................................................... 35 Proposed Schedule ..................................................................................... 46 Cost Section ................................................................................................. 48 Forms Section ..............................................................................................50 Emergency Ambulance Service, Inc.
RFP for the City of Brea
LETTER OF TRANSMITTAL
3 3200 E. Birch St, Suite A Brea, CA 92821 714.990.1331 June 23, 2026
Daniel Mielke – Fire Chief
City of Brea Fire Department
Brea Civic and Cultural Center – Level 2
Brea, CA 92821
Letter of Transmittal – RFP # 2026.06.02.01
Dear Chief Mielke:
Emergency Ambulance Service, Inc. is pleased to present our response to your Request for Proposal (RFP) for the provision of Emergency Basic Life Support Ambulance Surge Services to the City of Brea.
As the incumbent provider of surge services to the City of Brea, Emergency Ambulance is uniquely qualified to continue to provide surge services and has a thorough understanding of the work to be done. We understand the expectation that if awarded this contract, Emergency Ambulance shall be responsible for providing non-exclusive, on-call emergency Basic Life Support (BLS) ambulance services on a need and necessity basis whenever the Brea Fire Department determines additional capacity is necessary to respond to an unusual or unexpected need for ambulance service, inclusive of all labor, material, supplies, and equipment related to the provision of surge ambulance services. Emergency Ambulance agrees to be Brea’s Primary or Secondary back-up and acknowledges that the City of Brea, in its sole discretion, may retain one or more other independent contractors to provide additional surge services.
We understand that only the City of Brea shall be entitled to bill insurance companies or patients for 9-1-1 transport services performed in Brea and the City of Brea does not guarantee Emergency Ambulance will be the first resource contacted after Brea Fire units are committed. Activation order shall be determined solely by the City of Brea based on operational needs, cost-effectiveness, and availability.
Emergency Ambulance has performed these essential surge ambulance services to the City of Brea since the beginning of the City’s ambulance transport program and can continue to provide our surge services with the required time period.
Emergency Ambulance has delivered quality and reliable ambulance service in Orange County for over fortyeight (48) years. The company provided its first emergency (9-1-1) ambulance transport with the California Department of Forestry, in the City of Yorba Linda in January 1978. continued next page
4 We have significant experience working with various government agencies that have jurisdiction over EMS and the approval of the work specified in this RFP. Over that time, Emergency Ambulance has established a proven track record of not only meeting but exceeding our government required contractual requirements.
We are the only emergency (9-1-1) ambulance company in Orange County that has been 100% compliant with all government contractual response time requirements. Operations wide, Emergency Ambulance has never failed to meet a contractual obligation.
Strong working relationships with the Brea Fire Department and EMS regulatory agencies remain a priority for Emergency Ambulance. We embrace the philosophies of interagency cooperation, tailoring our services to the specific needs of each government agency, whether in areas of reimbursement, ambulance operations, communications, record-keeping, or community education. Regardless of the request, we strive to ensure our government agency partners’ needs are met.
The successful integration of ambulance services with local fire agencies further demonstrates the company’s operational experience and capabilities. For example, Emergency has partnered with both the Cities of Brea and Westminster to create public-private partnerships to strengthen the patient care “response-chain”.
These partnerships, with professionals from all participating agencies working collaboratively, have reduced ambulance response times, enhanced inter-agency communications and improved overall patient care delivery.
Today, Emergency Ambulance is one of only two Orange County licensed ambulance transport organizations with verifiable 9-1-1 ambulance transport experience. All of Emergency’s staff assigned to the City of Brea Surge Ambulance contract have extensive experience and possess all appropriate certifications.
Our submitted proposal is a firm and irrevocable proposal.
Sincerely,
Paul Scarborough
President & CEO
5 Emergency Ambulance Service, Inc.
RFP for the City of Brea
BACKGROUND
6 Background
Proposer Company’s Full Legal Name: Emergency Ambulance Service, Inc. 3200 E. Birch Street, Suite A
Brea, CA 92821
Emergency Ambulance Service, Inc. is the legal name of the Bidder and the entity that will have all contractual responsibility with the City of Brea.
Phone - (714) 990-1331
Fax – (714) 494-8922
Website – emergencyambulance.com
Primary Contact Person: William T. Weston – Vice President Contact Email: [email protected]
Contact Telephone: (714) 713-5708
Years in Business:
Emergency Ambulance Service is Orange County’s longest-serving licensed ambulance provider and has provided emergency (9-1-1) ambulance service to the residents and visitors of Orange County for over forty-eight (48) years.
Mergers and Buyouts:
We are not a publicly traded company, nor are we owned by a private equity firm. We are 100% owned and operated by Adrian Dehghanmanesh, who purchased the company from the original company founder in October 2024.
Organizational Structure:
The company is a California corporation, incorporated in the State of California and is registered with the California Secretary of State as a “C” corporation.
continued next page
7 Organizational Chart:
Name and Title of Principal Owner:
Emergency Ambulance Service, Inc. is 100% owned by Adrian Dehghanmanesh.
Person(s) Authorized to Contractually Bind the Company:
Paul Scarborough – President and CEO
Adrian Dehghanmanesh – Chairman
Pending Litigation:
As of this writing, Emergency Ambulance has no pending litigation.
Contracts Terminated for Cause:
Emergency Ambulance has never had a contract terminated for cause. Emergency Ambulance is the only 9-1-1 ambulance provider in Southern California with a documented history of 100% compliance with contractual response time requirements. Emergency Ambulance has never failed to meet a contractual obligation.
continued next page
8 Organizational Chart
Government Enforcement Actions:
During the previous five (5) years, Emergency Ambulance has not been subject to any government enforcement actions.
Special Recognition or Awards:
Emergency Ambulance is one (1) of only 188 ambulance services nationwide that have received accreditation from the Commission on the Accreditation of Ambulance Services (CAAS). The United States Department of Homeland Security and FEMA estimate there are more than 23,000 ambulance providers in the United States. That means that less than one percent (1%) of companies nationwide that achieved the “Gold Standard” of CAAS.
CAAS was founded on a single goal: to raise
the quality and consistency of care in mobile
healthcare through nationally recognized standards.
CAAS accreditation serves as the framework for
excellence that guides EMS organizations across the
United States and beyond.
9 Emergency Ambulance Service, Inc.
RFP for the City of Brea
EXPERIENCE
10 Experience
Emergency Ambulance Service is Southern California’s longest-serving, privately owned licensed ambulance provider and has provided emergency (9-1-1) ambulance service for over forty-eight (48) years. The company provided its first emergency (9-1-1) ambulance transport with the California Department of Forestry, in the City of Yorba Linda in January 1978.
Today, Emergency Ambulance is one (1) of only three (3) licensed ambulance transport organizations in Los Angeles and Orange Counties, with verifiable 9-1-1 experience, and the only 9-1-1 ambulance provider that is completely privately owned and operated. We are not a publicly traded company, nor are we owned by a private equity firm.
Emergency Ambulance has delivered quality and reliable ambulance service for over forty-eight (48) years. We have significant experience working with various government agencies that have jurisdiction over EMS and the approval of the work specified in this RFP. Over that time, Emergency Ambulance has established a proven track record of not only meeting but exceeding our government required contractual requirements. We are the only emergency (9-1-1) ambulance company in Southern California that has been 100% compliant with all government contractual response time requirements. Operations wide, Emergency Ambulance has never failed to meet a contractual obligation.
Strong working relationships with EMS regulatory agencies and fire department first responder partners remain a priority for Emergency Ambulance. We embrace the principles of interagency cooperation, tailoring our services to the specific needs of each government agency, whether in areas of reimbursement, ambulance operations, communications, record-keeping, or community education. Regardless of the request, we strive to ensure that our government agency partners’ needs are met. continued next page
11 Description of Similar Contracts
City of Brea
Population: 47,125
Response Time Requirements: Code 3, ten (10) minutes or less, 90% Code 2, fifteen (15) minutes or less, 90%
Types of Services Provided: EMT-Basic staffed, Basic Life Support equipped ambulances, twenty-four (24) hours daily, seven (7) days per week
Contract Failures: None
Agency Contact: Daniel Mielke – Fire Chief
Brea Fire Department
1 Civic Center – Level 2
Brea, California 92821
City of Buena Park
Population: 82,611
Response Time Requirements: Code 3, ten (10) minutes or less, 90% Code 2, fifteen (15) minutes or less, 90%
Types of Services Provided: EMT-Basic staffed, Basic Life Support equipped ambulances, twenty-four (24) hours daily, seven (7) days per week
Contract Failures: None
Agency Contact: Aaron France – City Manager
City of Buena Park
6650 Beach Blvd.
Brea, California 90621
continued next page
Description of Similar Contracts - continued
City of Fullerton
Population: 141,000
Response Time Requirements: Code 3, ten (10) minutes or less, 90% Code 2, fifteen (15) minutes or less, 90%
Types of Services Provided: EMT-Basic staffed, Basic Life Support equipped ambulances, twenty-four (24) hours daily, seven (7) days per week
Contract Failures: None
Agency Contact: Adam Loeser – Fire Chief
City of Fullerton
312 E. Commonwealth Avenue
Fullerton, California 92832
City of Placentia
Population: 51,274
Response Time Requirements: Code 3, ten (10) minutes or less, 95% Code 2, fifteen (15) minutes or less, 95%
Types of Services Provided: Paramedic – Advanced Life Support ambulances, twenty-four (24) hours daily, seven (7) days per week
Contract Failures: None
Agency Contact: Jason Dobine – Fire Chief
Placentia Fire and Life Safety Department
401 E. Chapman Ave.
Placentia, California 92870
continued next page
Description of Similar Contracts - continued
City of Westminster
Population: 90,195
Response Time Requirements: Code 3, ten (10) minutes or less, 90% Code 2, fifteen (15) minutes or less, 90%
Types of Services Provided: EMT-Basic staffed, Basic Life Support equipped ambulances, twenty-four (24) hours daily, seven (7) days per week
Contract Failures: None
Agency Contact: Darin Lenyi – Police Chief
Westminster Police Department
8200 Westminster Blvd.
Westminster, California 92683
Emergency Ambulance Service, Inc.
RFP for the City of Brea
QUALIFICATIONS
15 16
Qualifications
Emergency Ambulance Service, Inc. is a California-based ambulance provider headquartered in Brea, California. Licensed continuously since 1977, the company has provided emergency and non-emergency ambulance services throughout Southern California for more than forty-eight (48) years and has maintained a significant operational presence within
the state.
Throughout its history, the company has worked closely
with local EMS agencies, fire departments, hospitals,
public safety partners, and municipal stakeholders
to deliver high-quality ambulance services while
complying with California’s extensive regulatory and
operational requirements. The company is familiar with
California EMS statutes and regulations, local EMS
agency policies, ambulance licensing requirements, personnel accreditation standards, quality improvement programs, and electronic patient care reporting systems.
Orange County Experience
The company is the longest-serving licensed
ambulance provider in Orange County and
has provided emergency (9-1-1) ambulance
services to the residents and visitors of Orange
County for more than forty-eight (48) years.
Its first emergency (9-1-1) ambulance transport
occurred in January 1978 in partnership with
the California Department of Forestry in the
City of Yorba Linda.
Since that time, the company has remained
an active participant in the Orange County
EMS system and has developed longstanding
relationships with local fire agencies, hospitals,
public safety partners, municipal stakeholders,
and the Orange County Emergency Medical Services Agency.
Through more than four (4) decades of continuous service, the company has developed extensive experience operating within Orange County’s emergency medical services system and has demonstrated its ability to recruit, train, deploy, and supervise EMS personnel while maintaining a high level of service reliability and operational readiness. 17 Qualifications - continued
Los Angeles County Emergency BLS Experience
Emergency Ambulance has a history of providing emergency ambulance transportation services within Los Angeles County in partnership with local fire agencies and EMS stakeholders.
From 1980 through 1983, the company served as the primary 9-1-1 ambulance transportation provider for the City of Pico Rivera in partnership with the Los Angeles County Fire Department (LACoFD). This assignment provided direct experience operating within the Los Angeles County EMS system and supporting a suburban community through a fire-based EMS model.
In 1998, the company was selected by American Medical Response (AMR) to assume responsibility for 9-1-1 ambulance transportation services within the Cities of Diamond Bar and Walnut, as well as a portion of the City of Industry, encompassing approximately 35.56 square miles. Operating under a subcontract agreement with AMR and in partnership with LACoFD, the company successfully provided service throughout the area until 2003, responding to an average of 297 emergency calls per month, or approximately 3,564 responses annually.
On September 12, 2001, the company became the primary 9-1-1 ambulance transportation provider for the City of Inglewood under an Emergency Ambulance Transportation Services Agreement approved by the Los Angeles County Board of Supervisors. Services were provided in partnership with LACoFD through December 31, 2005. The 9.17-square-mile service area generated an average of 839 emergency responses per month, representing approximately 10,068 emergency responses annually. This assignment provided the company with experience managing highvolume ambulance operations in a dense urban environment with service demands comparable to those faced by many Los Angeles County communities today.
Collectively, these assignments provided the company with direct experience operating within Los Angeles County’s EMS system, coordinating with fire-based first responders, meeting contractual performance expectations, and delivering emergency ambulance transportation services in both suburban and urban communities. continued next page
18 Qualifications - continued
Key Staff of Emergency Ambulance Service:
Emergency Ambulance offers one of Southern California’s most experienced management teams, with team members who helped pioneer “Surge Ambulance Agreements” and the “Alliance Model” with the co-location of private ambulance company EMTs in fire stations, nearly thirty (30) years ago with the Westminster Fire Department. These industry professionals have more experience with the different ambulance response models than any other provider in Los Angeles County and will be directly responsible for the ensuring the City of Brea’s continued satisfaction with Emergency’s performance throughout the contract term.
Paul Scarborough; President & CEO
Our Leadership Team is led by Paul Scarborough. Paul is a healthcare visionary working closely with the leadership team in the management of all day-to-day operational
matters, growth, and workforce leadership. He has over
44 years of experience in the ambulance transportation
industry and has been instrumental in the development
and growth of each ambulance company that he has managed. A charismatic leader who is intimately familiar with each and every client, healthcare, and agency partner, Mr. Scarborough utilizes his strong people skills to ensure complete customer care is provided in every circumstance while ensuring compliance with all contract requirements.
Mr. Scarborough has held management positions for several prominent ambulance companies in California, to include working with Care Ambulance while managing the delivery of dedicated 9-1-1 ambulance services throughout Orange County. Paul is active in the local EMS community and serves as an officer with the Southern California Ambulance Association. Paul attended the University of Phoenix while working towards obtaining a Bachelor of Arts degree in Business Management. continued next page
19 Qualifications - continued
Bill Weston, MBA; Vice President of Operations
With more than 38 years of local EMS and medical service experience, Bill Weston leads the Emergency Ambulance (9-1-1) ambulance transport program. Bill’s background includes serving as an EMT, Operations Manager, Director of Operations and Region One, Regional Transportation Coordinator for disaster services. Prior to joining Emergency Ambulance, Bill pioneered the first known local Alliance Model and Surge Models with the Westminster Fire Department in 1994. Bill’s success in Westminster led him to develop or manage other in-house / surge transport programs for the Cities of Anaheim, Costa Mesa, Fullerton, La Habra, and San Clemente.
Bill acts as Emergency’s representative before government commissions or regulatory bodies regarding ambulance operations. Bill also serves as Region One, Disaster Transportation Coordinator, and has served on the Regional Disaster Training Committee. At the state level, Bill serves on the California EMS Authority Ambulance Strike Team (AST) Task Force and other local disaster working groups. Recently, Bill has led multiple Ambulance Strike Teams on disasters throughout California, including the Mosquito Fire, Caldor Fire, Dixie Fire, Creek Fire, San Diego COVID response, Kern County EMS support and Mammoth Lakes Winter disaster incident. On a national level, Bill has led AST to Hurricanes Katrina, Rita, and Gustav.
Following Hurricane Katrina, Bill was honored by the Orange County EMS Agency for his Leadership in EMS.
Bill holds a Bachelor of Science Degree and a Master’s in Business Administration (MBA). Bill is truly a hands-on manager who provides on-site leadership and has an open-door policy that encourages employee interaction.
Currently, Bill serves as our designated project manager assigned to this agreement and if awarded this new contract, Bill will continue in that same capacity. continued next page
20 Qualifications - continued
Charles “Chad” A. Druten, Jr., BA, PBACC
Vice President of Administration
Chad Druten is the Chief Operating Officer for Emergency. A well-regarded EMS Industry executive with extensive experience in multiple aspects of business operations, Chad brings more than forty-three (43) years of knowledge to the table. He has expertise in all areas of ambulance service management with a successful record of accomplishment in operational, HR/labor relations and public affairs roles, including over fifteen (15) years’ experience developing and implementing public and government relations strategies and initiatives. Chad is highly proficient in all areas of human resources, with principal strengths in employee relations, employee recruitment and retention, organizational development, payroll administration, benefits management, and regulatory compliance. Throughout his career, he has successfully led ambulance contract start-ups, employee transition efforts, contract mobilizations, organizational restructurings, and large-scale staffing initiatives, ensuring continuity of operations while maintaining compliance with applicable labor laws, personnel policies, and contractual requirements. His experience includes supporting recruitment, onboarding, credentialing, and retention of EMS personnel in both emergency and non-emergency medical transportation environments.
Chad is an affiliate of the American College of Healthcare Executives (ACHE) and member of the Society for Human Resource Management (SHRM) also served as Chairman of the Board of St. Francis Medical Center in Lynwood, CA, as an occasional member of the Allied Health Care Subcommittee at Citrus College, and as a board member and advisor to several other institutions. He is currently president of the Southern California Ambulance Association, representing the interests of 28 private ambulance organizations. Prior to joining Emergency, Chad was Director of Human Resources and Community Affairs for Paramount Petroleum, a subsidiary of Alon USA Energy. While there he served as a member of the company’s senior management group, and shared in planning, organizing, and directing the activities of the HR office and community relations program in support of the organization, its employees, and contractors at 12 sites, in 5 western states.
continued next page
21 Qualifications - continued
Sean Cox, EMT, ASM: Director of Operations
Sean Cox is the Director of Operations for Emergency Ambulance and is a twenty-eight (28) year veteran of our industry. Sean has been directly involved with the transition to new municipal contacts and system implementations. As the company’s Director of Operations, Sean is responsible for all operational matters and the day-to-day activities pertaining to operations, overseeing our field supervisor staff, and FTOs.
He also has a significant role in administering the Company’s education and training program, vehicle maintenance, and mutual aid/disaster plan.
He is a graduate of the highly respected Fitch & Associates, Ambulance Service Manager (ASM) Training Program, is a California State EMS Authority qualified Ambulance Strike Team Leader and is trained at the advanced ICS 400 level for Advanced ICS Command and General StaffComplex Incidents.
Sean has led Ambulance Strike Teams (AST) to disasters throughout California, including the Palisades and Eaton Fires, Mosquito Fire, Caldor Fire, Dixie Fire, Creek Fire, Kern County EMS support, Tulare and Fresno County Flooding and Mammoth Lakes Winter disaster incident.
Resumes for each of our Key Personnel are provided on the pages that follow.
Developing Innovative Solutions
Members of our management team have implemented and managed more innovative ambulance transport solutions than any other ambulance management team in Southern California. We were on the ground floor of innovation back in 1994 when City of Westminster Fire Chief, John T. DeMonaco Jr., needed a new ambulance transport model. This was the beginning of what is known today as the Ambulance Alliance Model. Following that success, our team members worked cooperatively with other local fire agencies to expand successful ambulance models including:
• City of Anaheim
• City of Brea
• City of Costa Mesa
• City of Fountain Valley
• City of Fullerton
• City of La Habra
• City of San Clemente
• City of Santa Ana, and
• City of Westminster
In addition to working on ambulance system operational upgrades, our team members also pioneered public / private ALS revenue recovery reimbursement models that are used by both the Orange County Fire Department (OCFA) and the Los Angeles County Fire Department (LACoFD). 22 Paul Scarborough
PROFILE
PROFESSIONAL
EXPERIENCE
Highly successful executive with a proven track record of cultivating and maintaining new business relationships, delivering operational improvements, managing and directing ambulance operations, corporate profitability and workforce leadership. Responsible for the development and implementation of innovative solutions for clients.
EMS visionary working closely with leadership team in the management of all day-to-day operational matters, growth, and workforce mentorship. Over 40 years of experience in the ambulance transportation industry and has been instrumental in the development and growth of each ambulance company managed and directed A charismatic leader who is intimately familiar with each and every client and healthcare partner.
Emergency Ambulance|Brea, CA
President & CEO
President & CEO of Emergency Ambulance Service, Inc., a Premier Ambulance Company. Responsible for leading strategic growth, organizational enhancements, and workforce leadership.
Premier Ambulance| Brea, CA (June 2018 - present)
President
Responsible for leading progressive ambulance organization in the management of all day-to-day operational matters, strategic growth, profitability and workforce leadership. Led company in over 1000% growth since 2018. Successfully negotiated the strategic acquisition of Emergency Ambulance Service, Inc.
PRN Ambulance|North Hills, CA (May 2015 - March 2018)
Executive Vice President
Executive Vice President responsible for government relations, business development and progressive growth.
Managed and directed the local marketing team and their development as well as planning and initiating company growth goals and objectives. Over 100% increase in requests for services and associated revenue during the first year with PRN.
Liberty Ambulance|Downey, CA (April 2013 - April 2015)
Chief Operating Officer
Responsible for staff development, planning and initiating company goals and objectives, delivery of high quality transportation and patient care services, business development activities, and ensuring the overall success of the organization. Responsible for over 500% growth and significantly increasing revenue.
LifeLine Ambulance|Montebello, CA (August 2012 - April 2013) President
Responsible for: staff development, planning and initiating company goals and ensuring the overall success of the organization. Implement policies and procedures to streamline operations, improve operational efficiency, encourage team methodology, and maximize service quality. continued 22
23 PROFESSIONAL
EXPERIENCE
continued
Pacific & Bowers Ambulance / Rural/Metro of Northern California|Long Beach, CA (2004 - August 2012)
Vice President / Division General Manager
Responsible for directing and managing day-to-day operations for all interfacility ambulance operations in the State of California; Plan and initiate company goals and objectives. Implement policies and procedures to streamline operations, improve operational efficiency, encourage team methodology, and maximize service quality.
From 2004 through 2011, responsible for four operating areas and nearly 700 employees in Los Angeles, Orange, Riverside and San Diego Counties increasing annual revenues from $6.3 million in 2004 to nearly $40 million in 2011. Responsible for massive growth of Pacific Ambulance and Bowers Ambulance resulting in acquisition by a large national conglomerate
Mercy Medical Transportation|San Diego, CA (2004)
Vice President & Chief Operating Officer
Responsible for all facets of administering and directing start-up and continued ambulance operations providing emergency and non-emergency service throughout San Diego County. Implemented policies and procedures to streamline operations, improve operational efficiency, encourage team methodology, and maximize service quality. Responsible for creating and implementing corporate policies and procedures.
Care Ambulance|Anaheim, CA (1999 - 2004)
Operations Manager / Administrative Manager / Communications Manager Business Development Manager
Hired as Business Development Manager. Responsible for business development activities for hospital and municipal contracts, preparing proposals and bids, answer all questions regarding Care Ambulance services, resolve any problems identified in the field, act as liaison between clients and Care Ambulance executives, oversee recruitment activities, and responsible for special event and disaster drill coordination.
In 2002, took on additional responsibility as Communications Manager responsible for the coordination of 911 and non-emergency ambulance resources and requests for service (approximately 1-year during search for full-time replacement). In 2003, assumed the role of Operations Manager responsible for ambulance operations throughout Orange County and Los Angeles County.
Care Medical Transportation, Inc.|San Diego, CA (1995 - 1999) President (Co-Founder)
Founded and launched full service ambulance service organization in San Diego County. Responsible for all facets administering and directing start-up and continued operations of full-service ambulance company providing emergency and non-emergency service throughout San Diego County, and expanding into Riverside County.
Orchestrated significant growth across two counties during the first four years of operation.
Created and implemented policies and procedures to streamline operations, improve operational efficiency, encourage team methodology, and maximize service quality. Plan and initiate company goals and objectives.
Integral in developing leadership and business development team. continued
Paul Scarborough | page 2 of 3
23 24
PROFESSIONAL
EXPERIENCE
continued
EDUCATION
AFFILIATIONS
American Medical Service|San Diego, CA (1993 - 1995)
Director
Assisted in oversight of BLS ambulance operation, business development, contracting, and significantly increasing call volume. Responsible for adding additional client base and contracts to organization resulting in over 300% increase in call volume.
Sterling Medical Transportation, Inc.|San Diego, CA (1991 - 1993) Operations Manager / Vice President Of Marketing
Promoted to Vice President of Marketing. Responsible for daily operation and growth of start-up ambulance operation. In charge of contracting and business development activities resulting in monthly call volume increase from 400 transports per month to over 2400 transports per month just prior to acquisition.
Various Ambulance Providers|San Diego, CA (1982 - 1991) System Status Controller / Emt / Dispatcher
Southwestern Community College – Chula Vista, CA
EMT-Basic Certification
Southwestern Police Academy – Chula Vista, CA
Criminal Justice
University of Phoenix – Orange County, CA
Business Management
Relationship Lifeline| Director & Producer
Southern California Ambulance Association|Vice President Ambulance Association of San Diego County|Past President Friends Church Yorba Linda|Usher Team Director
Various Charity Boards, Associations and Organizations
Paul Scarborough | page 3 of 3
24 25
William T. Weston
PROFILE
PROFESSIONAL
EXPERIENCE
EMS Leader with and over 30-year management and project management experience. Possesses strong interpersonal and communication skills that make him a natural leader, able to educate and challenge employees or students to their highest quality performance. He is optimistic, resourceful with relentless determination and has sound common sense. Team builder who leads by close contact and clear communication across all functions.
Highly skilled at implementing and tracking crucial operational and financial data to maximize operational efficiency and quality. He is an astute contract negotiator experienced in negotiating with governmental agencies and private vendors.
Extensive experience operating in the Incident Command System (ICS) leading Ambulance Strike Teams on National and State level incidents. Participates with the California EMS Authority in the continuing development of the Ambulance Strike Team leader curriculum and has instructed AST classes.
Emergency Ambulance|Brea, CA (2022- present)
Vice President Of Operations
Bill is responsible in organizing company’s emergency operations, while ensuring the smooth running of the company according to established policies and vision. Direct and coordinate the development and implementation of company goals, objectives, and policies. Guide, supervise and consult subordinate staff and evaluate their performance. Monitor resource allocation while maintaining program compliance with Federal, State, and local mandates. Monitor EMS contracts and perform data analysis to monitor contract trends, detect system issues and evaluate performance for system enhancements. Develop effective strategies for planning, implementing, and evaluating contract changes.
Develop and provide presentations to elected officials and commission members. Formulate effective resolutions to investigations and customer concerns.
Manager and coordinate ambulance disaster responses of Ambulance Strike Teams at variety of emergency and disaster scenes. Participate in planning regional disaster exercises and actual events. Understand ICS and NIMS concepts and principles. Bill is the medical transportation leader for California Region One, coordinating ambulance responses to major incidents within California.
Beach Cities Scuba|Laguna Beach, CA (2021- present)
Padi Elite Instructor/ Master Scuba Diver Trainer
Responsible for teaching students how to safely scuba dive. Main objectives are to demonstrate basic or advanced scuba skills, accompany divers underwater and adapt to emergency situations so the students are safe and confident. Interact with students during dives and continually monitor performance to ensure safety and provide suggestions as needed. Teach diver safety principles and enforce good diving practices.
Qualified to teach Open Water, Advanced Open Water, Rescue Diver, and Divemaster. Certified Specialty Course instruction for Emergency First Response, AWARE Fish Identification, Boat Diver, Deep Diver, Dive Against Debris, Enriched Air Diver, Emergency Oxygen Provider, Equipment Specialist, Peak Performance Buoyancy, Project Aware, Search and Recovery Diver, Underwater Navigator, Underwater Naturalist and Wreck Diver. PADI 2021, 2022 and 2023 Elite Instructor Award.
continued
William T. Weston
25 26
PROFESSIONAL
EXPERIENCE
continued
AWARDS &
ACKNOWLEDGEMENTS
Care Ambulance|Anaheim, CA (1996 - 2022)
Director Of Operations
Responsible to provide strategic direction and management for all operations divisions, including overall direction and coordination of ambulance field services, training, safety and risk management, loss control, regulatory compliance, fleet services and purchasing for the operations division. Company provided approximately 400,000 annual ambulance responses in Los Angeles and Orange Counties, extending from the San Gabriel Mountains to the beaches of San Clemente.
Developed management training program and implemented operational and financial reporting procedures; including Key Performance Indicator (KPI) reporting process, to effectively track crucial operational and financial data.
Participated in State team to develop and train Ambulance Strike Team leaders.
Lead ambulance strike teams on national and state level disaster responses.
Implemented company social media program with over 8,000 followers and expanded that program into new training platform. Developed comprehensive paid work experience program with local community college and began joint fire academy and paramedic school programs. Lead team to bid, win and successfully implemented multiple public / private contacts for 9-1-1 services with various City and County agencies. Developed and implemented ALS recovery model with local fire agencies.
Aquarium of the Pacific|Long Beach, CA (2019 - 2020)
Volunteer Exhibit Scuba Diver
Responsible for the proper care and feeding of the animals in strict accordance with established procedures.
Presentation of underwater educational programs to aquarium guests. Clean the underwater interior of the exhibits. Certified PADI diver at the Open Water, Advanced Open Water, Rescue Diver and Dive Master levels.
American Medical Response (1986 - 1996)
Director of Business Development
Bill began his career in EMS in Santa Ana as an Emergency Medical Technician, promoted to Personnel Manager, before being promoted to Director of Business Development. Director responsible for all business development activities, including marketing and promotional strategies. Implemented medical transportation system between American Medical Response and Sutter Health Systems (the largest health care system in Northern California and participated in multi-disciplinary team of company personnel, hospital executives and hospital social workers.
County of Orange – Terrorism Working Group
County of Orange – Kids in Disasters Working Group
Orange County Intelligence Assessment Center – HealthCare Security Network Ambulance Associations of Orange and Los Angeles Counties William T. Weston | page 2 of 3
26 27
MAJOR DISASTER
EVENT RESPONSE
EDUCATION
ADDITIONAL
TRAINING
• EMS Response to Placentia Rail Accident
• EMS Response to Hurricanes Katrina and Rita
California State University, Long Beach
Designated Subject Teach Credential
University of Phoenix
Master of Business Administration (MBA)
University of Phoenix
Bachelor of Science – Business Administration
Golden West College
Associate of Arts Degree
California State University Long Beach
Human Resources Management Certificate
California Fire EMS and Disaster (CFED) Designated Infection Control Officer Training California Specialized Training Institute- Hazardous Materials/ First Responder Operations Santa Ana College- Fire Instructor 1a and 1b
Stout Solutions- Emergency Ambulance System Status Manager Certification Jay Fitch and Associates- Ambulance Service Manager Program California EMS Authority – Ambulance Strike Team/ Task Force Leader National Association of EMS Educators- EMS Educator Course Stop the Bleed Instructor
American Heart Association- BLS Instructor
Community Emergency Response Team – Instructor
National Association of EMT’s Tactical Emergency Casualty Care National Wildfire Coordinating Group- Medical Unit Leader Trainee California State Fire Marshall
Incident Command System (ICS) 100,200,300 and 400
FEMA, Emergency Management Institute, U.S. Department of Homeland Security º IS-100- Introduction to the Incident Command System
º IS-139 – Exercise Design
º IS-195 – Basic Incident Command System
º IS-200 – ICS for Single Resources
º IS-230 – Principle of Emergency Management
º IS-235 – Emergency Planning
º IS-240 – Leadership and Influence
º IS-241 – Decision Making and Problem Solving
º IS-242 – Effective Communications
º IS-244 – Developing and Managing Volunteers
º IS-292 – Disaster Basics
º IS-513 – The Professional in Emergency Management
º IS-700 – National Incident Management System (NIMS)
º IS-703 – NIMS Resource Management
º IS-800 – National Response Plan
William T. Weston | page 3 of 3
27 28
Charles “Chad” A. Druten Jr., BA, PBACC
PROFILE
PROFESSIONAL
EXPERIENCE
Chad Druten is the Vice President of Administration for Embergency, a well-regarded EMS industry leader with a record of accomplishment of structuring and running ambulance service organizations and driving successful corporate development initiatives. As the Vice President of Administration of Emergency Ambulance Service, Inc. (EAS), Chad is an integral part of leading and directing the success of EAS.
Chad’s mission has been to ensure internal and external customer satisfaction and positive community relations, while retaining market share, and driving non-acquisition growth. During his tenure with EAS, he has significantly improved operations to optimize profitability and long-term positioning while strengthening and advancing the workforce and organization as a whole. He has also established and maintains effective working relationships with diverse community and business groups, elected and appointed officials, employees, and the media, acting as a liaison, facilitator, and highly visible present for the company. Moreover, he is passionate about delivering quality and compassionate care to the communities served by EAS.
Emergency Ambulance|Brea, CA (April 2013- present)
Vice President Of Administration
Chad manages day-to-day administration and executes and implements its business strategy. Responsible for ensuring internal and external customer satisfaction, positive community relations, retaining profitable market share and driving non-acquisition growth. Integral member of the EAS executive team responsible for the profitability, growth, and ongoing success of the business.
PTS Advance|Tustin, CA (March 2013 - June 2013)
Project Manager
Performed a variety of public affairs, education, and planning activities: coordinated the activities of mandatory environmental services communications programs and activities; supported operations; strategic planning efforts; led and directed multi-disciplinary project teams; and performed work as directed.
Emergency Ambulance|Brea, CA (July 2008 - March 2013)
Business Consultant
Worked on projects ranging from objective reviews and system design/development to detailed operational and financial reviews, as well as strategic planning; Advised owner and leadership team on appropriate resolution of employee relation issues; Produced proposals for service; managed accreditation program; and led training program as program director.
ALON USA/Paramount Petroleum|Paramount, CA (July 2008 - March 2013) Director, Human Resources & Community Affairs
Served as a member of the senior management team and shared in planning, organizing, and directing the activities of the HR office and community relations program in support of the organization and its employees at 12 sites, in 5 western states.
Responsible for HR/payroll systems, policy formulation and communications, investigation and resolution of complaints and charges, representing the company in matters before regulatory agencies, and advising and supporting management in employee relations matters.
continued
28 29
PROFESSIONAL
EXPERIENCE
continued
EDUCATION
ADDITIONAL
TRAINING
Emergency Ambulance|Brea, CA (October 2001 - July 2008) Director of Government Affairs
Executed daily operations of the government affairs department; developed policy, directed, and coordinated activities; oversaw the analysis, maintenance, and communication of records required by law; consulted with government officials, civic bodies, research agencies, and political parties; and planned and conducted PR programs designed to create and maintain favorable public image for employer.
ESI Ambulance|South El Monte, CA (August 1998 - September 2001) Vice President
Provided leadership and change management for this start-up ambulance service and promoted its reputation for quality, innovation, and service excellence. Reporting to the President, shaped the company’s strategic direction, controlled its budget, and built a top-performing team.
American Medical Response|Torrance, CA (July 1983 - July 1998) Line, Staff, Functional & General Management Roles
Served in various line, staff, functional and general management roles across the organization, and at its predecessors.
University Of California Extension
Post Baccalaureate Certificate, Human Resources Management / Earned with Distinction Azuza Pacific University
M.A., Business Management (Enrolled /Incomplete)
California State University – Dominguez Hills CA
S.P.H.R Certification, Human Resources Management/ Personnel Administration Excelsior University
B.A Liberal Arts And Sciences/ Liberal Studies
Attended public predecessor Regents College of the University of the State of New York AB 1825 Training for Supervisors
Ambulance Strike Team / Medical Task Force Leader Training Basic Public Information Officer, G290, Washington State Military Department Basic Wildland Fire Orientation-S110
Cevo 4 – Ambulance Defensive Driving
Chemical Terrorism Awareness Training
Emergency Medical Technician (EMT)- State of California -Certification #E034980 FEMA Emergency Management Institute – (EMI) IS-00001, IS-F-A, IS-00015a, IS-002, IS100.b, IS-001000, IS-00200, IS-00242, IS-700B, IS-800D, and IS-240.a
Hazmat First Responder Awareness- CSTI/Cal OES
Intermediate ICS for Expanding Incidents -I-300
Introduction to Terrorism Awareness- Level Training- Kentucky Dept. of Public Health RT-130- Wildland Fire Safety Training Annual Refresher
Standardized Emergency Management system -SEMS G606
continued
Chad Druten | page 2 of 3
29 30
AFFILIATIONS
PAST COMMUNITY
AFFILIATIONS
President| Southern California Ambulance Association | Santa Fe Springs, CA January 2024 – present Member|Orange County Public Affairs Association | Santa Ana, CA January 2009 – present Member|Society for Human Resource Management | Alexandria, VA January 2008 – present Member|American College of Healthcare Executives | Chicago, IL August 2013 – present Chairman, Board of Directors
St. Francis Medical Center | Lynwood, CA 2015 – 2020
Vice Chair, Board of Directors
St. Francis Medical Center | Lynwood, CA 2002 – 2015
Member, Board of Trustees
St. Francis Medical Center Foundation | Lynwood, CA 1997 – 2015 Member, Board of Managers
Los Cerritos Branch YMCA of Greater Long Beach | Bellflower, CA 2009 – 2012 Chad Druten | page 3 of 3
30 31
Stephen Sean Cox
PROFESSIONAL
EXPERIENCE
Emergency Ambulance|Brea, CA (November 2022 - present)
Director of Operations
Inspect ambulances, stations and equipment to ensure compliance with all company, state and local requirements—conduct and document incident investigations. Make contact with assigned Supervisors and field personnel on an ongoing basis throughout the shift. Observe behaviors of field personnel and provide coaching and constructive advice to improve their performance. Acknowledge quality work and customer interactions of field personnel.
Orange County Public Safety| Brea, CA (2019 - present)
Patrol Sergeant
After-hours armed alarm response and patrol for schools within the Anaheim and Fullerton School districts.
Contact school district employees regarding damage/break-ins to school buildings. Contact local law enforcement for assistance in removing trespassers from school properties. Provide armed security service for the Catholic church in Buena Park during church services.
Falck Southern California / Care Ambulance Service|Orange County, CA (2005 - 2022) Operations Manager
Responsible for emergency preparedness and disaster management for the organization. Responsible for coordinating the activities of field personnel. Inspect ambulances, stations and equipment to ensure compliance with all company, state and local requirements. Conduct and document incident investigations. Make contact with assigned field personnel on an ongoing basis throughout the shift. Observe behaviors of field personnel and provide coaching and constructive advice to improve their performance. Acknowledge quality work and customer interactions of field personnel.
American Medical Response|Orange County, CA (1998 -2005) Operations Manager
Provided courteous and efficient medical care to individuals in need of such during emergency medical transports. Conducted the interviewing and hiring of prospective new hires for our area. Required to make monthly visits to area hospitals and skilled nursing facilities to promote the company. Assisted in managing the Road Safety Program and generated reports as necessary to show Road Safety data for field crews. continued 31
32 EDUCATION
& TRAINING
• ICS 100,200,300,400,700,800
• Medical Unit Leader
• Essential Emergency Management
• EOS Logistics/Positions Specific Training, Cal OES
• Disaster Mitigation, Cal OES
• Disaster Recovery, Cal OES
• Tactical Emergency Casualty Care (TECC)
• California State Fire Marshall Safety Officer
• Ambulance Service Manager (ASM)
• WMD Planning and Operations
• EMS Leadership Academy for Supervisors
• CERT Train- The Trainer
• FEMA Professional Development Series Certification
• National Association of EMS Educators (NAEMSE) Instructor • Incident Response to Terrorist Bombing (IRTB) Instructor • WMD Technical Emergency Response Course (TERT)
• Ambulance Strike Team Leader/ Medical Task Force Leader Training Course • HAZ MAT First Responder Awareness/Operations
• Terrorism Liaison Officer Basic (TLO) Orange County
Sean Cox | page 2 of 2
32 Emergency Ambulance Service, Inc.
RFP for the City of Brea
UNDERSTANDING
33 34
Understanding
With a proud history of faithfully serving as the contracted 9-1-1 emergency ambulance service for the City of Brea, for the last forty-seven (47) years, Emergency Ambulance Service has extensive knowledge of the work to be done as the surge ambulance provider for the City of Brea.
We understand the expectation if re-awarded this contract to continue our partnership with the City of Brea, Emergency Ambulance shall be responsible for providing non-exclusive, on-call emergency Basic Life Support (BLS) ambulance services on a need and necessity basis whenever the Brea Fire Department determines additional capacity is necessary to respond to an unusual or unexpected need for ambulance service, inclusive of all labor, material, supplies, and equipment related to the provision of surge ambulance services.
Emergency Ambulance agrees to be Brea’s Primary or Secondary back-up and acknowledges that the City of Brea, in its sole discretion, may retain one or more other independent contractors to provide additional surge services.
We understand that only the City of Brea shall be entitled to bill insurance companies or patients for 9-1-1 transport services performed in Brea and the City of Brea does not guarantee Emergency Ambulance will be the first resource contacted after Brea Fire units are committed. Activation orders shall be determined solely by the City of Brea based on operational needs, cost-effectiveness, and availability.
With our corporate offices and the offices of our partner ambulance company, Premier Ambulance, located in the City of Brea and surrounding cities, our ambulance crews are pre-positioned to provide effective response times to the City of Brea. This prepositioning of ambulance units is critical to minimizing ambulance response times as the need for surge ambulance services frequently occurs with no prior notice. Our extensive fleet of ambulance crews in and around the City of Brea is our unique approach that strengthens our minimal response times to calls for service in Brea.
Emergency Ambulance Service, Inc.
RFP for the City of Brea
APPROACH
35 36
Approach
Emergency Ambulance has carefully reviewed all proposal documents and understands that the City of Brea seeks to establish a surge ambulance contract from a qualified emergency (9-1-1) ambulance provider, licensed by the Orange County EMS Agency, to provide Basic Life Support (BLS) emergency ambulance transport services. We understand that if selected we must deliver reliable, professional and compliant ground emergency ambulance services, structured around a surge plan to ensure continuous coverage when Brea resources are fully committed.
The company has prepared a detailed work plan that exceeds the requirements of the Request for Proposal and assures uninterrupted quality ambulance services. With Emergency Ambulance Service, the City of Brea is not dealing with an unknown entity. Our management team, implementation techniques and operational capabilities have been tested and proven through decades of emergency medical service delivery. In the description that follows, we will demonstrate our commitment to the City of Brea with our plan to provide reliable surge ambulance services.
If all City operated Brea Fire ambulances are unavailable or are assigned to active calls, Emergency Ambulance agrees to receive notification from Metro Net that the City of Brea is without immediate ambulance coverage. Upon notification, Emergency Ambulance agrees to immediately deploy ambulance resources from our fleet to pre-identified “move-up” location within Brea to ensure there is always an ambulance available for an emergency response in the City of Brea.
Our suggestion for the pre-identified “move-up” is the intersection of Imperial Highway and S. Associated Road. This location provides excellent freeway accessibility and strategic deployment advantages.
Emergency Ambulance has used this move-up location for more than thirty (30) years and found that it provides excellent coverage to the City of Brea.
If the ambulance assigned to the “move-up” location is assigned to an actual EMS call for service, Emergency Ambulance will send an additional unit into the City of Brea, in advance of the next anticipated call for service. Once a City of Brea ambulance became available, Metro Net will notify Emergency’s dispatch center that “move-up” coverage is no longer necessary.
If the City of Brea or Metro Net doesn’t desire to use an advanced warning system of notification, Emergency Ambulance maintains our corporate offices at 3200 E. Birch Street, Brea. At our corporate offices, we deploy seven (7) ambulances, including two (2) 24-hour units.
In the unlikely event that Emergency Ambulance was unavailable for an emergency response in the City of Brea, Emergency Ambulance would utilize the emergency ambulance resources from our partner ambulance company, Premier Ambulance. Premier Ambulance also maintains their corporate offices in the City of Brea at 260 N. Palm, with more than forty (40) ambulances starting and stopping their shifts at that location.
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With this internal back-up service arrangement, Emergency Ambulance will ensure the City of Brea essential ambulance coverage, when needed.
Provided below is a map of our current deployment locations:
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38 Approach - continued
Estimated Response Times from Emergency’s Primary Stations Closest to Brea City Limits
The following are Emergency’s 24-hour deployment stations and offices, nearest to the City of Brea, including addresses, distance and approximate driving time to Brea City limits.
Brea Station – Emergency Ambulance
3200 E. Birch Street, Brea
Distance = 0 miles
Approximate Drive Time = 2 minutes
Brea Station – Premier Ambulance
260 N. Palm Street, Brea
Distance = 0 miles
Approximate Drive Time = 2 minutes
Buena Park Station No. 1
7930 Beach Blvd., Buena Park
Distance = 12 miles
Approximate Drive Time = 20 minutes
Buena Park Station No. 2
7828 Orangethorpe Ave., Buena Park
Distance = 12 miles
Approximate Drive Time = 20 minutes
Buena Park Station No. 3
7032 Orangethorpe Ave., Buena Park
Distance = 13 miles
Approximate Drive Time = 23 minutes
Anaheim Station
8932 Katella, Anaheim
Distance = 15 miles
Approximate Drive Time = 28 minutes
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39 Approach - continued
General Requirements
Performance Expectations - Emergency Ambulance shall perform all contractual services in accordance with both the letter and spirit of all requirements, conditions, specifications, expectations, and other parameters delineated in the contract, to the complete satisfaction of the City of Brea.
All statements made and actions taken by Emergency Ambulance in the execution of contractual obligations shall be done in a prudent, professional and courteous manner that supports and/or advances the City of Brea’s EMS mission of optimizing patient outcome by providing superior quality patient care with proficiency and compassion. All decision making and conduct shall be guided by and reflect only the highest ethical standards, comport with the principles of fairness and equal justice, and demonstrate respect and dignity for all human beings.
Contract Performance Costs – All expenses necessary to meet the RFP / contract requirements and / or perform contract requirements services and obligations shall be paid by Emergency Ambulance.
Contract Performance Standards – During the contract period, Emergency Ambulance will be responsible for ensuring that all facilities, properties, vehicles, materials, and documents / records used in the performance of contractual services are in good condition, fully functional, and maintained in a clean, orderly and organized manner.
Inter-Agency Communications – Emergency Ambulance designates William T. Weston, Vice President of Operations, as its official liaison to the City of Brea who will serve as the primary contact and interface, with his office in Orange County.
Field Supervisor – Emergency Ambulance has during each 24-hour shift, a designated field supervisor stationed within Brea, or as close to as practical, who shall be immediately available by mobile phone and/or 800 MHz radio to the on-duty Battalion Chief or designee at all times during the shift. Our Field Supervisor shall be available to respond to any incident within 20 minutes of being requested by Dispatch for the City of Brea. Each of our Field Supervisors is qualified and capable of implementing and operating within the Incident Command System (ICS) including the county MCI plan and other local protocols.
Legal Compliance – Emergency Ambulance will ensure that our ambulance personnel have sufficient understanding of, and at all times in compliance with, all applicable EMS-related laws and regulations.
Protocols Compliance – Emergency Ambulance shall ensure that our ambulance personnel comply with all local, State, and City of Brea protocols and regulations, as well as our own internal protocols.
Emergency Ambulance, including any individual ambulance operator, shall immediately bring to the attention of the City of Brea any protocol that appears to conflict with other protocols in order to reconcile the inconsistency, contradiction and/ or ambiguity. 40 Approach - continued
Equality of Care – Emergency Ambulance provides all services without regard to the patient’s age, national origin, ethnicity, color, religion, sexual orientation, gender, age, insurance status, or ability to pay for our services. Emergency Ambulance understands that any violation of this policy will be deemed a major breach and grounds for immediate contract termination.
CQI Plan – Emergency Ambulance has developed and maintains a comprehensive and relevant Continuous Quality Improvement plan and system that can interface with the City of Brea’s CQI plan / quality management system.
Continuing Education – Emergency Ambulance will ensure that relevant and frequent education and training courses are offered to assist field personnel in maintaining certification / licensure, and, to the extent possible, shall be built upon observation and findings derived from its Quality Assurance / Continuous Quality Improvement plan.
Pilot Programs – Emergency Ambulance agrees to participate in all approved pilot programs or research projects as requested by the City of Brea, at no additional cost to the City. continued next page
41 Approach - continued
Firm and Team Experience
Confirmation of Current OCEMS Provider License and Active 9-1-1 Authorization Emergency Ambulance Service is the longest-serving licensed ambulance provider in Orange County and has provided emergency (9-1-1) ambulance service to the residents and visitors of Orange County for over forty-eight (48) years.
Emergency’s current Orange County Emergency Medical Services (OCEMS) provider license is provided below:
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Emergency Ambulance is one of two Orange County licensed ambulance transport organizations with verifiable 9-1-1 experience. All of Emergency’s staff assigned to the City of Brea Surge Ambulance contract have extensive experience and possess all appropriate certifications as described in the RFP.
Confirmation of Emergency’s 9-1-1 authorization is established by Orange County EMS Agency Policy / Procedure #200.00, a copy of which is affixed below:
43 Approach - continued
Identification of Other Cities or Agencies Served
Emergency Ambulance has delivered quality and reliable ambulance service in Orange County for over forty-eight (48) years. We have significant experience working with various government agencies that have jurisdiction over EMS and the approval of the work specified in this RFP. We also have a proven track record of not only meeting but exceeding our government required contractual requirements.
We are the only emergency (9-1-1) ambulance in Orange County that has been 100% compliant with all government contractual response time requirements. Operations wide, Emergency Ambulance has never failed to meet a contractual obligation.
Emergency Ambulance works diligently to maintain relationships with our EMS Agency regulatory agencies and fire department first responder agencies. We embrace the philosophies of interagency cooperation, tailoring our services to the specific needs of each government agency, whether in areas of reimbursement, ambulance operations, communications, record-keeping, or community education.
Regardless of the request, we strive to ensure our government agency partners’ needs are met.
Our successful programs of integrating our services with fire agencies has exemplified Emergency’s proven experience. For example, Emergency has partnered with both the Cities of Brea and Westminster to create public-private partnerships to strengthen the patient care “response-chain”.
These collaborative partnerships, with professionals from all agencies working together has reduced ambulance response times, enhanced inter-agency communications and we believe, improved patient care outcomes.
Cites currently served under contract are provided below:
City of Brea
Population: 47,125
Response Time Requirements: Code 3, ten (10) minutes or less, 90% Code 2, fifteen (15) minutes or less, 90%
Types of Services Provided: EMT-Basic staffed, Basic Life Support equipped ambulances, twenty-four (24) hours daily,
seven (7) days per week
Contract Failures: None
Agency Contact: Daniel Mielke – Fire Chief
Brea Fire Department
1 Civic Center – Level 2
Brea, California 92821
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44 Approach - continued
City of Buena Park
Population: 82,611
Response Time Requirements: Code 3, ten (10) minutes or less, 90% Code 2, fifteen (15) minutes or less, 90%
Types of Services Provided: EMT-Basic staffed, Basic Life Support equipped ambulances, twenty-four (24) hours daily,
seven (7) days per week
Contract Failures: None
Agency Contact: Aaron France – City Manager
City of Buena Park
6650 Beach Blvd.
Brea, California 90621
City of Placentia
Population: 51,274
Response Time Requirements: Code 3, ten (10) minutes or less, 95% Code 2, fifteen (15) minutes or less, 95%
Types of Services Provided: Paramedic – Advanced Life Support ambulances, twenty-four (24) hours daily, seven (7) days per week
Contract Failures: None
Agency Contact: Jason Dobine – Fire Chief
Placentia Fire and Life Safety Department
401 E. Chapman Ave.
Placentia, California 92870
City of Westminster
Population: 90,195
Response Time Requirements: Code 3, ten (10) minutes or less, 90% Code 2, fifteen (15) minutes or less, 90%
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45 Approach - continued
Sub-Contractor Work
Emergency Ambulance proposes that no portions of the project will be sub-contracted.
Proposed Work Schedule
Emergency Ambulance accepts the timeline identified in the RFP documents. As the incumbent provider of surge services to the City of Brea, all required tasks are already completed and responsible team members implemented. Bottom line, we do it well today and if awarded this new contract, we will continue to do it well in the future.
Emergency Ambulance Service, Inc.
RFP for the City of Brea
PROPOSED SCHEDULE
46 47
Proposed Schedule
Emergency Ambulance accepts the timeline identified in the RFP documents and documented below:
Release of RFP Tuesday, June 2, 2026
Question Deadline Tuesday, June 9, 2026
Final Addendum Issued Tuesday, June 16, 2026
Proposal Deadline Tuesday, June 23, 2026 by 5:00 PST
Interviews (week of) Monday, June 29, 2026
Selection of Contractor Tuesday, July 2, 2026
Finance Committee Recommendation Tuesday, July 14, 2026 City Council Award Tuesday, July 21, 2026
Contract Start Date Tuesday, July 21, 2026
As the incumbent provider of surge services to the City of Brea, all required tasks are already completed and responsible team members implemented. We require no modifications.
Emergency Ambulance Service, Inc.
RFP for the City of Brea
COST SECTION
48 49
Cost Section
One of the biggest challenges in designing a fair and balanced fee schedule / cost proposal is the uncertainty of back-up or mutual aid calls for service. With call volumes increasing from communicable disease, patients suffering from substance abuse or significant behavioral health issues and the constant issues of extended emergency department patient off-load times, ambulance utilization prediction is difficult. For that reason, Emergency Ambulance has developed the following pricing proposal:
Operational Rate (Primary Status) $74.00 per 15-minute interval Includes all hourly rates that are fully burdened and inclusive of personnel, fuel, vehicle maintenance, insurance, radio equipment and standard BLS medical supplies. Billing increments will be billed in 15-minute increments, or fraction thereof, with no charge if the response is cancelled within the first (5) minutes.
Operational Rate (Secondary Status) $124.00 per 15-minute interval Includes all hourly rates that are fully burdened and inclusive of personnel, fuel, vehicle maintenance, insurance, radio equipment and standard BLS medical supplies. Billing increments will be billed in 15-minute increments, or fraction thereof, with no charge if the response is cancelled within the first (5) minutes.
Rate Adjustments
Initial rates shall remain fixed for the first twelve (12) months. Future adjustments will be subject to the percentage change in the Consumer Price Index for all Urban Consumers (CPI-U) for Los Angeles -Long Beach – Anaheim area, All Items, as published by the U.S. Bureau of Labor Statistics, for the 12-month period ending in December of the prior year. In no event shall the adjustment exceed 4% per year. Decreases in the CPI shall not result in a reduction of rates.
Emergency Ambulance Service, Inc.
RFP for the City of Brea
FORMS SECTION
50 51
Forms Section
In the pages that follow, Emergency Ambulance has provided the following required forms:
• Non-Collusion Affidavit Form
• References Form
• Subcontractors List-Standard Form
• Statement of Compliance or Exceptions Form
• Status of Past and Present Contracts Form
• Insurance Commitment Form
• Proposer Qualification Form
• Firm Proposal Form
• Price Form
REQUEST FOR PROPOSALS
Emergency Basic Life Support Ambulance Surge Services
2026.06.02.01
STANDARD FORM A
NON-COLLUSION AFFIDAVIT FORM
Note: To be executed by Proposer and submitted with Proposal.
The undersigned declares:
I am the President & CEO [Title] of Emergency Ambulance Service, Inc. [Name of the Proposer], the party submitting the foregoing Proposal. The Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Proposal is genuine and not collusive or sham. The Proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal. The Proposer has not directly or indirectly colluded, conspired, connived, or agreed with any other proposer or anyone else to put in a sham Proposal, or to refrain from bidding. 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. A 11 statements contained in the Proposal are true. 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, proposal depository, or to any member or agent thereof, to effectuate a collusive or sham proposal, and has not paid, and wi II not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Proposal that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has 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 on June 22, 2026 [Date], at Brea [City], California [State].
Signature~(
7 Printed Name: Paul Scarborough
Date: June 22, 2026
Signature: ___________ _
Printed Name: _________ _
Date:
Notary is not required for this proposal.
REQUEST FOR PROPOSALS
Emergency Basic Life Support Ambulance Surge Services
2026.06.02.0 I
STANDARD FORM B
REFERENCES FORM
Emergency Ambulance Service, Inc.
(Proposer·s Company Name)
Provide current business references for whom your company has provided similar services and a 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 City of Buena Park
Address, City, State, Zip 1 Civic Center - Level 2, Brea, CA 92821 Contact's Name & Title Aaron France - City Manager
Contact's Phone# (714) 562-3550
Contact's Email [email protected]
Proiect 9-1-1 Ambulance Services
Completion Date & Value N/A - Current Contract - Fee for Service
2. Company Name City of Fullerton
Address, City, State, Zip 312 E. Commonwealth Ave., Fullerton, CA 92832 Contact's Name & Title Adam Loeser - Fire Chief
Contact's Phone# (714) 738-6500
Contact's Email [email protected]
Proiect Surge 9-1-1 Ambulance Services
Completion Date & Value N/A - Current Contract - Fee for Service
3. Company Name City of Westminster
Address, City, State, Zip 8200 Westminster Ave., Westminster, CA 92683 Contact's Name & Title Darin Lenyi - Police Chief
Contact's Phone# (714) 548-3200
Contact's Email [email protected]
Project 9-1-1 Ambulance Services
Completion Date & Value N/A - Current Contract - Fee for Service
4. Company Name City of Placentia
Address, City, State, Zip 110 S. Bradford Ave., Placentia, CA 92870 Contact's Name & Title Jason Dobine - Fire Chief
Contact's Phone# (714) 993-8135
Contact's Email [email protected]
Project 9-1-1 ALS Ambulance Services
Completion Date & Value N/A - Current Contract - Fee for Service
REQUEST FOR PROPOSALS
Emergency Basic Life Support Ambulance Surge Services
2026.06.02.0 l
STANDARD FORM C
SUBCONTRACTORS LIST-STANDARD FORM
Emergency Ambulance Service, Inc.
(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.
1. Company Name No Subcontractors
Address, City, State, Zip
Contact's Name & Title
Contact's Phone #
Contact's Email
Proposed work & amounts
License #s & Class
DIR# & Exp Date
2. Company
Address, City, State, Zip
Contact's Name & Title
Contact's Phone#
Contact's Email
Proposed work & amounts
License #s & Class
DIR# & Exp Date
3. Company
Address, City, State, Zip
Contact's Name & Title
Contact's Phone #
Contact's Email
Proposed work & amounts
· License #s & Class
DIR# & Exp Date
REQUEST FOR PROPOSALS
Emergency Basic Life Support Ambulance Surge Services
2026.06.02.0 l
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.
Emergency Ambulance Service, Inc
(Proposer"s Company Name)
Select one:
11 ✓ 11 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 D 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
Page# Term, Condition, Specification Exception & Benefit to City City A
orD
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.
Name/Title Date:
Signature:
Paul Scarborough, President & CEO, June 22, 2026
7 ~~
REQUEST FOR PROPOSALS
Emergency Basic Life Support Ambulance Surge Services
2026.06.02.01
ST AND ARD FORM E
STATUS OF PAST AND PRESENT CONTRACTS FORM
Each Proposal must be accompanied by this fotm. Failure to provide this fonn 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 l 0% 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, "LegaJ Action" means any lawsuit alleging fraud, breach or any other misconduct by, or filed against, Proposer.
Emergency Ambulance Service, Inc. I
(Proposer's Company Name)
11 ✓ 11 No Contract Terminations, Settlements, or Legal Actions By checking the above box, Proposer declares that the Proposer has not had any Contract Tenninations, SettJements, 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.
I DI 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, Tennination Date, Company Name, Contact Name, Phone Number, and Reasons for and descriptions of the Te1minations, 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 Tenninations, Settlements, or Legal Actions that City in its sole discretion deems unacceptab I e.
Signature:
Name/Title Date: Paul Scarborough, President & CEO, June 22, 2026
REQUEST FOR PROPOSALS
Emergency Basic Life Support Ambulance Surge Services
2026.06.02.0 l
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.
Emergency Ambulance Service, Inc.
(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 folJowing: 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: VI I 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: Paul Scarborough, President & CEO, June 22, 2026
REQUEST FOR PROPOSALS
Emergency Basic Life Support Ambulance Surge Services
2026.06.02.01
STANDARD FORM G
PROPOSER QUALIFICATIONS RESPONSE FORM
Emergency Ambulance Service, Inc.
(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. AJI 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.
ii Familiarity with state and federal procedures.
~ Experience working with public agencies.
D 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. [jjl Special qualifications, training, credentials.
~ Staff names, titles, role, qualifications, and experience assigned to this Project. ~ Designated project manager assigned to this Project.
REQUEST FOR PROPOSALS
Emergency Basic Life Support Ambulance Surge Services
2026.06.02.01
4. Understanding.
Provide the following information relative to required services:
ii 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 serv1ces.
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:
Paul Scarborough / President & CEO
June 22, 2026
REQUEST FOR PROPOSALS
Emergency Basic Life Support Ambulance Surge Services
2026.06.02.0 I
STANDARD FORM H
FIRM PROPOSAL FORM
Emergency Ambulance Service, Inc. I J
(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 l 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, l understand that no contract exists unless City accepts this Proposal by executing the attached Agreement.
Business Name: Emergency Ambulance Service, Inc.
. dd 3200 E. Birch Street, Suite A, Brea, CA 92821 Business A ress: ----------------------------- Federal lD#:
95-3175162
Business Type:
2 ___ (Proposer enter a number)
I. Individual/Sole Proprietor/Single-Member
LLC
2. C Corporation
3. Corporation
REQUIRED SIGNATURE(S)
By: ~ Paul Scarborough Name:
4. Partnership
5. Trust/Estate
6. Limited Liability Co
By:
Adrian Dehghanmanesh Name: -------------- -------------- Title:
President & CEO
CORPs Chairperson, President, Vice
President
LLCs Manager
Title:
Chairmam
CORPs Secretary, Assist. Secretary. Chief
Finance Officer, Assist. Treasurer,
LLCs Manager
.
1 [email protected] Ema,: .
1 [email protected]< Emai:
S
. d June 22, 2026 Date 1gne : Date Signed: June 22, 2026 [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 17703.0 l(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.]
CITYofBREA
City Council Regular Meeting
Communication
July 21, 2026
Item No. 4H.
InspectionReportsOnline.net (IROL) Contract for Services
TO PREPARED BY
Honorable Mayor and City Council Members Nicole Pesqueira, Fire Marshal
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Dan Mielke, Fire Chief Kristin Griffith, City Manager
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. Approve the Software as a Service Agreement between the City of Brea and InspectionReportsOnline.net (IROL), Inc. for a three-year initial term, with the option to renew for up to five (5) successive one-year terms; and
2. Authorize the City Manager, or designee, to execute the Agreement and any related documents necessary to implement it, in a form approved by the City Attorney.
BACKGROUND/DISCUSSION
The Fire Prevention Bureau is responsible for ensuring that fire and life safety systems installed throughout the City (including fire sprinkler systems, fire alarm systems, fire pumps, hood and duct suppression systems, and other fire protection equipment) receive periodic Inspection, Testing, and Maintenance (ITM) required by the California Fire Code. ITM work is performed by state-licensed third-party contractors, who are required to submit test reports to the Fire Prevention Bureau, as the Authority Having Jurisdiction (AHJ), for review and code-compliance verification.
InspectionReportsOnline.net (IROL), Inc. provides a web-based, third-party reporting platform that allows contractors to submit ITM test reports electronically, directly to the AHJ and property owner. This model is intended to improve the accuracy, timeliness, and completeness of ITM reporting while reducing the administrative burden on Fire Prevention Bureau staff.
The proposed Agreement would authorize IROL to provide the City with a hosted software platform and related services (customization, integration, user identification, data import/export, technical support, maintenance, training, and backup/recovery) to manage the submission and review of third-party ITM reports. Key terms of the Agreement include:
Platform and Reporting Services: IROL will provide a web-based portal for contractors to submit ITM reports, along with independent third-party review of every report submitted, prior to routing to the Fire Prevention Bureau.
System Integration: IROL will assist the Fire Department with integrating the platform with the Department's existing Records Management System, “First Due”.
Training: IROL will provide training to Fire Department staff as part of the onboarding process, at no additional cost.
Fee Structure / Revenue Share: There is no cost to the City to implement or use the platform. IROL charges the submitting contractor a flat fee of $35.00 per report, which is inclusive of all of IROL's labor, materials, and costs. Of that amount, IROL will pay the City $17.00 per report submitted for their time to review, as a quarterly revenue share, paid within 30 days after the end of each quarter based on the prior quarter's collections.
Term: The Agreement has a three-year initial term, with the option to renew for up to five (5) successive oneyear renewal terms. Any fee increase applicable to a renewal term is capped at 0.00% on an annualized, peruser basis.
Termination: Either party may terminate the Agreement for convenience with 60 days prior written notice, or immediately for an uncured material breach following 30 days written notice.
Data Security and Ownership: All City data remains the sole property of the City. Data is hosted by Google in a private cloud, with servers located in California, and City data must be stored separately from that of IROL's other customers. IROL is required to maintain a written data privacy and information security program, encrypt City data, and notify the City of any security incident within 24-hours.
Adoption of this platform is expected to streamline the submission, review, and tracking of fire and life safety ITM reports, improve code compliance monitoring, and reduce manual data entry for Fire Prevention Bureau staff, while generating a modest new cost recovery for the City, through the per-report revenue share.
FISCAL IMPACT/SUMMARY
There is no cost to the City to enter into or implement this Agreement. The $35.00 per-report fee is paid entirely by the submitting contractor. The City will instead receive $17.00 per report submitted through the IROL platform, remitted quarterly. The total annual revenue to the City will depend on the volume of ITM reports submitted by contractors that we review and cannot be precisely estimated at this time; staff will track actual revenue following implementation and report back if a budget adjustment is warranted.
Attachments
Brea-agreement-IROL-7-21-26.pdf
1 Agreement No. #
Software as a Service Agreement
This agreement ("Agreement") is entered into and is effective as of) 7/21/2026 ("Effective Date"), by and between the City of Brea located at 1 Civic Center Circle, Brea California 92821 ("City") and InspectionReportsOnline.net (IROL) Inc, a Singlemember LLC located at 2500 Cabot Dr. Suite 250 Lisle, IL 60532 USA ("Service Provider").
RECITALS
WHEREAS, City requires third-party hosted “software as a service” services, as further described herein, with respect to certain of its information technology needs; WHEREAS, City requested a proposal from Service Provider for such services; WHEREAS, Service Provider has experience and expertise in the business of providing the required services;
WHEREAS, Service Provider submitted a proposal to City to perform such services on behalf of City;
WHEREAS, based on Service Provider’s superior knowledge and experience relating to the required services, City has selected Service Provider to provide and manage the services; WHEREAS, Service Provider wishes to perform the required services and acknowledges that the successful performance of the services and the security and availability of City’s data are critical to the operation of City’s business; and,
WHEREAS, Service Provider has agreed to provide the required services to City, all on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and representations set forth in this Agreement, the parties hereby agree as follows:
AGREEMENT
1. The Services. This Agreement sets forth the terms and conditions under which Service Provider agrees to license to City certain hosted software and provide all other services necessary for productive use of such software including customization, integration, user identification, data import, data export, technical support, maintenance, training, backup and recovery (collectively, the “Services“) as further set forth in Exhibit “A” attached hereto.
1.1 Authorized Users. Unless otherwise limited herein, Service Provider grants City a renewable, irrevocable, nonexclusive, royalty-free, and worldwide right and license for 2 any City employee, contractor, or agent, or any other individual or entity authorized by City, (each, an “Authorized User”) to access and use the Services. Other than any limitations otherwise described herein, Authorized Users will have no other limitations on their access to or use of the Services.
1.2 Acknowledgement of License Grant. For the purposes of 11 U.S.C. § 365(n), the parties acknowledge and agree that this Agreement constitutes a grant of license to use intellectual property in software form, to City by Service Provider.
1.3 Changes in Number of Authorized Users. City is entitled to increase or decrease the initial number of Authorized Users (“Minimum Commitment”), on an as-requested basis; provided, however, that City shall maintain the Minimum Commitment unless the parties otherwise agree to adjust the Minimum Commitment. Should City elect to change the number of Authorized Users, Service Provider shall reduce or increase Authorized Users specified in Exhibit A and adjust the prospective Services Fees accordingly no later than five (5) business days from City’s written request.
1.4 Control and Location of Services. The method and means of providing the Services shall be under the exclusive control, management, and supervision of Service Provider, giving due consideration to the requests of City. Cloud based storage shall not be utilized without the City’s prior, written consent. Any and all permitted cloud storage shall be in compliance with ISO/IEC 27001 - 27018, as applicable, or successor standards thereto. Except as otherwise expressly set forth in Exhibit A, the Services (including all data storage), shall be provided solely from within the continental United States and on computing and data storage devices residing therein, and all such locations shall be disclosed to City annually and within thirty (30) days of the effective date of this Agreement.
1.4.1 Subcontractors. Service Provider shall not enter into any subcontracts for the performance of the Services, or assign or transfer any of its rights or obligations under this Agreement, without City’s prior written consent and any attempt to do so shall be void and without further effect and shall be a material breach of this Agreement. Service Provider’s use of subcontractors shall not relieve Service Provider of any of its duties or obligations under this Agreement.
1.4.2 Offensive or Disparaging Content. Where the Services or any web services affiliated with the Services contain offensive content or portray City in a disparaging way, either as solely determined by City, Service Provider shall immediately remove the offensive or disparaging content and City shall have the right, at City’s sole election, to: (a) immediately terminate this Agreement or any portion thereof corresponding to the offending or disparaging content, and be entitled to a return of any prepaid fees, as liquidated damages and not as a penalty; or, (b) obtain or retain, as the case may be, all fees paid or payable for the entire period of the then-current term, as liquidated damages and not as a penalty, associated with that portion of this Agreement corresponding to the offending or disparaging content. 3 1.4.3 Storage Provider Name, Cloud Location, State Location, and Data Separation. The Storage Provider Name is [Google]; and the Storage Cloud Location is Private Cloud; and Storage Server Location in the State of [California]. City Data must be stored separate from all other data of customers of Service Provider.
1.5 Storage. The Services shall include the applicable allocation of base data storage as described in Exhibit A, if any. Service Provider shall immediately notify City when City has reached eighty percent (80%) of City’s then-current data storage maximum. Within five (5) calendar days of City’s request, Service Provider shall make additional data storage available to City at the rates described in Exhibit A.
1.6 Development and Test Environments. In addition to production use of the Services, City is entitled to one development and one test environment for use by Authorized Users at no additional charge. Such non-production environments shall have the same data storage and processing capacities as the production environment. Service Provider shall cooperate with City’s requests in managing the non-production environments such as refreshing City Data upon request.
1.7 Documentation. The documentation for the Services (“Documentation”) will accurately and completely describe the functions and features of the Services, including all subsequent revisions thereto. The Documentation shall be understandable by a typical end user and shall provide Authorized Users with sufficient instruction such that an Authorized User can become self-reliant with respect to access and use of the Services.
City shall have the right to make any number of additional copies of the Documentation at no additional charge.
1.8 Changes in Functionality. During the term of this Agreement, Service Provider shall not reduce or eliminate functionality in the Services. Where Service Provider has reduced or eliminated functionality in the Services, City, at City’s sole election and in City’s sole determination, shall: (a) have, in addition to any other rights and remedies under this Agreement or at law, the right to immediately terminate this Agreement and be entitled to a return of any prepaid fees; or, (b) determine the value of the reduced or eliminated functionality and Service Provider will immediately adjust the Services Fees accordingly on a prospective basis. Where Service Provider has introduced like functionality in other services, City shall have an additional license and subscription right to use and access the new services, at no additional charge, with the same rights, obligations, and limitations as for the Services. Where Service Provider increases functionality in the Services, such functionality shall be provided to City without any increase in the Services Fees.
1.9 No Effect of Click-Through Terms and Conditions. Where an Authorized User is required to “click through” or otherwise accept or made subject to any online terms and conditions in accessing or using the Services, such terms and conditions are not binding and shall have no force or effect as to the Services or this Agreement. 4 1.10 Modification of the Services. The City’s Director of Information Technology shall be authorized to waive, in writing, any of the Service Provider’s obligations with respect to the Services, where deemed to be in the City’s best interests, provided that no such modification shall result in any increase in the amount of the Services Fees.
1.11 Compliance with All Laws. In providing the Services, the Service Provider shall comply with any and all applicable local, State and federal laws, statutes, standards, policies, and regulations including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, the Americans with Disabilities Act, the Stored Communications Act, Civil Code Sections 1798.80 through 1798.84, and the California Consumer Privacy Act, Civil Code Section 1798.100, et seq.
2. Service Levels.
2.1 Service Levels; Time is of the Essence. For the term of this Agreement, Service Provider shall provide the Services, force majeure events excepted, during the applicable Service Periods and in accordance with the applicable Service Level Standards, each as described in Exhibit A hereto. Time is of the essence in the performance of the Services.
2.2 Service Level Reporting. On a monthly basis, in arrears and no later than the fifteenth (15th) calendar day of the subsequent month following the reporting month, Service Provider shall provide reports to City describing the performance of the Services and of Service Provider as compared to the Service Level Standards; provided, however, that a City Satisfaction Service Level Survey shall be conducted by Service Provider each year on the anniversary of the Effective Date and the results shall be reported to City by Service Provider no later than the fifteenth (15th) calendar day of the subsequent month following such anniversary date. The reports shall be in a form agreed-to by City, and, in no case, shall contain less than the following information: (a) actual performance compared to the Service Level Standard; (b) the cause or basis for not meeting the Service Level Standard; (c) the specific remedial actions Service Provider has undertaken or will undertake to ensure that the Service Level Standard will be subsequently achieved; and, (d) any Performance Credit due to City. Service Provider and City will meet as often as shall be reasonably requested by City, but no less than monthly, to review the performance of Service Provider as it relates to the Service Levels. Where Service Provider fails to provide a report for a Service Level in the applicable timeframe, the Service Level shall be deemed to be completely failed for the purposes of calculating a Performance Credit. Service Provider shall, without charge, make City’s historical Service Level reports available to City upon request.
2.3 Failure to Meet Service Level Standards. In the event Service Provider does not meet a Service Level Standard, Service Provider shall: (a) owe to City any applicable Performance Credit, as liquidated damages and not as a penalty; and, (b) use its best efforts to ensure that any unmet Service Level Standard is subsequently met.
Notwithstanding the foregoing, Service Provider will use its best efforts to minimize the impact or duration of any outage, interruption, or degradation of Service. In no case shall 5 City be required to notify Service Provider that a Performance Credit is due as a condition of payment of the same.
2.3.1 Termination for Material and Repeated Failures. City shall have, in addition to any other rights and remedies under this Agreement or at law, the right to immediately terminate this Agreement, and be entitled to a return of any prepaid fees where Service Provider fails to meet any Service Level Standard:
(a) to such an extent that the City’s ability, as solely determined by City, to use the Services is materially disrupted, force majeure events excepted; or, (b) for four (4) months out of any twelve (12) month period.
2.4 Audit of Service Levels. No more than quarterly, City or City’s agent shall have the right to audit Service Provider’s books, records, and measurement and auditing tools to verify Service Level Standard achievement and to determine correct payment of any Performance Credit. Where it is determined that any Performance Credit was due to City but not paid, Service Provider shall immediately owe to City the applicable Performance Credit.
3. Support; Maintenance; Additional Services.
3.1 Technical Support. Service Provider shall provide the Technical Support as described in Exhibit A. The Services Fees shall be inclusive of the fees for all Technical Support.
3.2 Maintenance. Service Provider shall provide bug fixes, corrections, modifications, enhancements, upgrades, and new releases to the Services to ensure: (a) the functionality of the Services, as described in the Documentation, is available to Authorized Users; (b) the functionality of the Services in accordance with the representations and warranties set forth herein, including but not limited to, the Services conforming in all material respects to the specifications, functions, descriptions, standards, and criteria set forth in Exhibit A and the Documentation; (c) the Service Level Standards can be achieved; and, (d) the Services work with the then-current version and the three prior versions of Internet Explorer, Edge, Mozilla Firefox, and Google Chrome Internet browsers. The Services Fees shall be inclusive of the fees for maintenance.
3.2.1 Required Notice of Maintenance. Unless as otherwise agreed to by City on a case-by-case basis, Service Provider shall provide no less than thirty (30) calendar day’s prior written notice to City of all non-emergency maintenance to be performed on the Services, such written notice including a detailed description of all maintenance to be performed. For emergency maintenance, Service Provider shall provide as much prior notice as commercially practicable to City and shall provide a detailed description of all maintenance performed no greater than one (1) calendar day following the implementation of the emergency maintenance.
3.2.2 Acceptance of Non-Emergency Maintenance. Unless as otherwise 6 agreed to by City on a case-by-case basis, for non-emergency maintenance, City shall have a ten (10) business day period to test any maintenance changes prior to Service Provider introducing such maintenance changes into production (the “Maintenance Acceptance Period”). In the event that City rejects, for good cause, any maintenance changes during the Maintenance Acceptance Period, Service Provider shall not introduce such rejected maintenance changes into production. At the end of the Maintenance Acceptance Period, if City has not rejected the maintenance changes, the maintenance changes shall be deemed to be accepted by City and Service Provider shall be entitled to introduce the maintenance changes into production.
3.2.3 Service Outage during Maintenance. Service Provider shall coordinate all maintenance updates to be done after normal business hours unless otherwise approved by City Representative.
3.3 Customization / Integration Services. Service Provider shall provide the Customization / Integration Services, if any, described in Exhibit A. The Services Fees shall be inclusive of the fees for the Customization / Integration Services.
3.4 Training Services. Service Provider shall provide the Training Services, if any, described in Exhibit A. The Services Fees shall be inclusive of the fees for the Training Services.
4. Audit Rights of Service Provider. Service Provider shall have no right to conduct an on-premises audit of City’s compliance with the use of the Services. No more than once annually, Service Provider shall have the right to request from City its certification of compliance with the permitted number of Authorized Users. Where the actual number of users exceeds the permitted number of Authorized Users, City, at City’s sole election shall, within thirty (30) business days: (a) reduce the actual number of users so as to be in compliance with the permitted number of Authorized Users in which case no additional Services Fees shall be due to Service Provider; or, (b) acquire the appropriate number of Authorized Users’ licenses at the rate specified in Exhibit A so as to be in compliance with the permitted number of Authorized Users.
5. Change Control Procedure. City may, upon written notice, request changes to the scope of the Services under Exhibit A. If City requests an increase in the scope, City shall notify Service Provider, and, not more than five (5) business days (or other agreed upon period) after receiving the request, Service Provider shall notify City whether or not the change has an associated cost impact. If City approves, City shall issue a change order, which will be executed by the Service Provider. City shall have the right to decrease the scope, and the associated fees will be reduced accordingly.
6. Term and Termination; Renewals.
6.1 Term. This Agreement is legally binding as of the Effective Date and shall continue for three years from the Effective Date (“Initial Term”) unless extended, or sooner terminated, as provided for herein. Following the Initial Term and unless otherwise terminated as provided for in this Agreement, this Agreement may be renewed for up to five, successive one-year terms (each, a “Renewal Term“) unless sooner terminated by a party providing the other party with written notice of termination. 7 6.2 Termination for Convenience. Without limiting the right of a party to terminate this Agreement as provided for in this Agreement, a party may terminate this Agreement for convenience upon not less than sixty (60) days prior written notice to the other party.
6.3 Termination for Cause. Without limiting the right of a party to immediately terminate this Agreement for cause as provided for in this Agreement, if either party materially breaches any of its duties or obligations hereunder and such breach is not cured, or the breaching party is not diligently pursuing a cure to the non‑breaching party’s sole satisfaction, within thirty (30) calendar days after written notice of the breach, the non‑breaching party may terminate this Agreement for cause as of a date specified in such notice.
6.4 Payments upon Termination for Convenience. Upon the termination of this Agreement, City shall pay to Service Provider all undisputed amounts due and payable hereunder, if any, and Service Provider shall pay to City all amounts due and payable hereunder, such as Performance Credits and prepaid fees, if any. As compensation for any administrative costs incurred by Service Provider due to City’s termination for convenience, and unless otherwise agreed upon by the parties, City shall pay, or Service Provider shall retain if fees were prepaid, one (1) month’s worth of additional fees calculated prorata. Any remaining prepaid funds shall be refunded to City.
6.5 Return of City Data. Upon the termination of this Agreement, Service Provider shall, within one (1) business day following the termination of this Agreement, provide City, without charge and without any conditions or contingencies whatsoever (including but not limited to the payment of any fees due to Service Provider), with a final extract of the City Data in the format specified by City. Further, Service Provider shall certify to City the destruction of any City Data within the possession or control of Service Provider, in accordance with Section 9.5, but such destruction shall occur only after the City Data has been returned to City. This Section shall survive the termination of this Agreement.
6.6 Renewals. Should the Services continue beyond the Initial Term, the Services Fees for the Renewal Term may be increased no more than 0.00% percent on an annualized per-user basis.
6.7 No Automatic Renewals. Notwithstanding anything to the contrary contained in this Agreement (including, without limitation, any terms and conditions of Service Provider attached hereto): (a) in no event shall the term of this Agreement be longer than the initial term expressly stated in this Agreement; (b) any automatic renewal or extension (whether or not conditioned upon any notice or absence thereof from either Party) or any similar “evergreen” provision shall be deemed null and void ab initio; and (c) the term of this Agreement shall not be extended or renewed except by written agreement duly authorized, executed and delivered by City. In the event of any inconsistency within this Agreement relating to the duration of the initial term hereof, the shorter initial term shall govern. If no initial term is stated in this Agreement, then the term shall be one year from the date on which the term commences.
7. Transition Services. Provided that this Agreement has not been terminated by Service Provider due to City’s failure to pay any undisputed amount due Service Provider, Service Provider will provide to City and / or to the service provider selected by City (“Successor Service Provider“) assistance reasonably requested by City to effect the orderly transition of the Services, in whole or in part, to City or to Successor Service Provider 8 (“Transition Services”) following the termination of this Agreement, in whole or in part. The Transition Services shall be provided on a time and materials basis and may include: (a) developing a plan for the orderly transition of the terminated Services from Service Provider to City or Successor Service Provider; (b) if required, transferring the City Data to Successor Service Provider; (c) using commercially reasonable efforts to assist City in acquiring any necessary rights to legally and physically access and use any third-party technologies and documentation then being used by Service Provider in connection with the Services; (d) using commercially reasonable efforts to make available to City, pursuant to mutually agreeable terms and conditions, any third-party services then being used by Service Provider in connection with the Services; and, (e) such other activities upon which the parties may agree.
Notwithstanding the foregoing, should City terminate this Agreement due to Service Provider’s material breach, City may elect to use the Services for a period of no greater than six (6) months from the date of termination at a reduced rate of twenty (20%) percent off of the then-current Services Fees for the terminated Services. All applicable terms and conditions of this Agreement shall apply to the Transition Services. This Section shall survive the termination of this Agreement.
Third Party Reporting Fee: Service Provider’s total per-report fee ($35.00) is paid by the submitting contractor. Service Provider will pay the City $17.00 per report submitted via Revenue Share. Service Provider’s total per-report fee covers and is inclusive of labor, materials, and any and all other costs incurred by the Service Provider. The revenues payable to the City shall be determined and paid quarterly within 30 days after the end of each quarter during the Term hereof based upon the amount of collections during the immediately preceding quarter, adjusted for any outstanding authorized reimbursement or expenses payable to Service Provider in accordance with the terms of this Agreement.
Representations and Warranties.
7.1 Mutual. City and Service Provider each represent and warrant that:
7.1.1 City is a public entity, and Service Provider is a business, duly incorporated or established, validly existing, and in good standing under the laws of its state of incorporation;
7.1.2 it has all requisite corporate power, financial capacity, and authority to execute, deliver, and perform its obligations under this Agreement;
7.1.3 the execution, delivery, and performance of this Agreement has been duly authorized by it and this Agreement constitutes the legal, valid, and binding agreement of it and is enforceable against it in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganizations, moratoriums, and similar laws affecting creditors’ rights generally and by general equitable principles;
7.1.4 it shall comply with all applicable federal, state, local, or other laws and regulations applicable to the performance by it of its obligations under this Agreement and shall obtain all applicable permits and licenses required of it in connection with its obligations under this Agreement; and, 9 7.1.5 there is no outstanding litigation, arbitrated matter or other dispute to which it is a party which, if decided unfavorably to it, would reasonably be expected to have a potential or actual material adverse effect on its ability to fulfill its obligations under this Agreement.
7.2 By Service Provider. Service Provider represents and warrants that:
7.2.1 it is in the business of providing the Services;
7.2.2 the Services are fit for the ordinary purposes for which they will be used;
7.2.3 it is possessed of superior knowledge with respect to the Services;
7.2.4 it acknowledges that City is relying on its representation of its experience and expert knowledge, and that any substantial misrepresentation may result in damage to City;
7.2.5 it knows the particular purpose for which the Services are required by City;
7.2.6 it is the lawful licensee or owner of the Services (excluding any City Data therein) and has all the necessary rights in the Services to provide the Services to City;
7.2.7 the Services and any other work performed by Service Provider hereunder shall not infringe upon any United States or foreign copyright, patent, trade secret, or other intellectual proprietary right, or misappropriate any trade secret, of any third-party, and that it has neither assigned nor otherwise entered into an agreement by which it purports to assign or transfer any right, title, or interest to any technology or intellectual property right that would conflict with its obligations under this Agreement;
7.2.8 it shall disclose any third-party (which shall, for purposes of this Agreement, be deemed a subcontractor) whose intellectual property is incorporated into the Services or who is necessary for the performance of the Services and it shall maintain in-force written agreements with such third-party, if any, for the term of this Agreement;
7.2.9 it has the expertise to perform the Services in a competent, workmanlike, and professional manner and in accordance with the highest professional standards;
7.2.10 it will use its best efforts, but not less than commercially reasonable efforts, to ensure that no computer viruses, worms, malware, or similar items (collectively, a “Virus”) are introduced into City’s computing and network environment by the Services, and that, where it transfers a Virus to City through the Services, it shall reimburse City the actual, documented cost incurred by City to remove or recover from the Virus, including the costs of persons employed by City to perform such services;
7.2.11 the Services are free of any mechanism which may disable the 10 Services and Service Provider warrants that no loss of City Data will result from such items if present in the Services;
7.2.12 in the case of City’s reasonable dispute of any Service Provider invoice, it shall not withhold the performance of Services, including, without limitation, access and use of the Services, Technical Support, Maintenance, and extract of City Data; and,
7.2.13 the Services will conform in all material respects to the specifications, functions, descriptions, standards, and criteria set forth in Exhibit A and the Documentation.
8. City Data.
8.1 Ownership. City’s data (“City Data,” which shall also be known and treated by Service Provider as Confidential Information) shall include: (a) City’s data collected, accessed, used, processed, stored, or generated as the result of the City’s use of the Services; and, (b) personally identifiable information (“PII“) collected, used, processed, stored, or generated as the result of the use of the Services, including, without limitation, any information that identifies an individual, such as an individual’s social security number or other government-issued identification number, date of birth, address, telephone number, biometric data, mother’s maiden name, email address, credit card information, or an individual’s name in combination with any other of the elements listed herein. Except where subject to a third party’s intellectual property rights, all City Data is and shall remain the sole and exclusive property of City and all right, title, and interest in the same belongs to City. This Section shall survive the termination of this Agreement.
8.2 Service Provider Use of City Data. Service Provider is provided a limited license to access City Data for the sole and exclusive purpose of providing the Services, including a license to collect, process, store, generate, and display City Data only to the extent necessary in the providing of the Services. Service Provider shall: (a) keep and maintain City Data in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in this Agreement and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose City Data solely and exclusively for the purpose of providing the Services, such use and disclosure being in accordance with this Agreement, and applicable law; (c) allow access to City Data only to those employees of Service Provider who are directly involved with and responsible for providing the Services; and, (d) not use, sell, rent, transfer, distribute, or otherwise disclose or make available City Data for Service Provider’s own purposes or for the benefit of anyone other than City without City’s prior written consent. This Section shall survive the termination of this Agreement.
8.3 Access to, and Extraction of City Data. City shall have full and complete access to, and ability to download, its City Data 24 hours per day, 7 days per week, except during authorized periods of maintenance by Service Provider. Further, Service Provider shall, within one (1) business day of City’s request, provide City, without charge and without any conditions or contingencies whatsoever (including, but not limited to, the 11 payment of any fees due to Service Provider), an extract of the City Data in the format specified by City. In the event City gives Service Provider written notice of a “litigation hold”, then as to all data identified in such notice, Service Provider shall, at no additional cost to City, isolate and preserve all such data pending receipt of further direction from the City.
8.4 Backup and Recovery of City Data. As a part of the Services, Service Provider is responsible for maintaining a backup of City Data and for an orderly and timely recovery of such data in the event that the Services may be interrupted. Unless otherwise described in Exhibit A, Service Provider shall maintain a contemporaneous backup of City Data that can be recovered within two (2) hours at any point in time. Additionally, Service Provider shall store a backup of City Data in an off-site (but within the continental United States) “hardened” facility no less than daily, maintaining the security of City Data, the security requirements of which are further described herein.
Any backups of City Data shall not be considered in calculating storage used by City.
8.5 Loss or Unauthorized Access to Data. In the event of any act, error or omission, negligence, misconduct, or breach that permits any unauthorized access to, or that compromises or is suspected to compromise the security, confidentiality, or integrity of City Data or the physical, technical, administrative, or organizational safeguards put in place by Service Provider that relate to the protection of the security, confidentiality, or integrity of City Data, Service Provider shall, as applicable: (a) notify City as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; (b) cooperate with City in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by City; (c) in the case of PII, at City’s sole election, (i) notify the affected individuals who comprise the PII as soon as practicable but no later than is required to comply with applicable law including, but not limited to, the provisions of California Civil Code Section 1798.82, or, in the absence of any legally required notification period, within five (5) calendar days of the occurrence; or, (ii) reimburse City for any costs in notifying the affected individuals; (d) in the case of PII, provide third-party credit and identity monitoring services to each of the affected individuals who comprise the PII for the period required to comply with applicable law, or, in the absence of any legally required monitoring services, for no less than twelve (12) months following the date of notification to such individuals; (e) perform or take any other actions required to comply with applicable law as a result of the occurrence; (f) without limiting City’s obligations of indemnification as further described in this Agreement, indemnify, defend, and hold harmless City for any and all Claims (as defined herein), including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from City in connection with the occurrence up to the limits of Service Provider’s Cyber Liability policy required herein; (g) be responsible for recreating lost City Data in the manner and on the schedule set by City without charge to City; and, (h) provide to City a detailed plan within ten (10) calendar days of the occurrence describing the measures Service Provider will undertake to prevent a future occurrence. Notification to affected individuals, as described above, shall comply with applicable law, be written in plain language, and 12 contain, at a minimum: name and contact information of Service Provider’s representative; a description of the nature of the loss; a list of the types of data involved; the known or approximate date of the loss; how such loss may affect the affected individual; what steps Service Provider has taken to protect the affected individual; what steps the affected individual can take to protect himself or herself; contact information for major credit card reporting agencies; and, information regarding the credit and identity monitoring services to be provided by Service Provider. This Section shall survive the termination of this Agreement.
9. Non-Disclosure of Confidential Information. The parties acknowledge that each party may be exposed to or acquire communication or data of the other party that is confidential, privileged communication not intended to be disclosed to third parties. The provisions of this Section shall survive the termination of this Agreement.
9.1 Meaning of Confidential Information. For the purposes of this Agreement, the term “Confidential Information” shall mean all information and documentation of a party that: (a) has been marked “confidential” or with words of similar meaning, at the time of disclosure by such party; (b) if disclosed orally or not marked “confidential” or with words of similar meaning, was subsequently summarized in writing by the disclosing party and marked “confidential” or with words of similar meaning; and, (c) should reasonably be recognized as confidential information of the disclosing party. The term “Confidential Information” does not include any information or documentation that was:
(a) already in the possession of the receiving party without an obligation of confidentiality; (b) developed independently by the receiving party, as demonstrated by the receiving party, without violating the disclosing party’s proprietary rights; (c) obtained from a source other than the disclosing party without an obligation of confidentiality; or, (d) publicly available when received, or thereafter became publicly available (other than through any unauthorized disclosure by, through, or on behalf of, the receiving party).
For purposes of this Agreement, in all cases and for all matters, City Data shall be deemed to be Confidential Information.
9.2 Obligation of Confidentiality. The parties agree to hold all Confidential Information in strict confidence and not to copy, reproduce, sell, transfer, or otherwise dispose of, give or disclose such Confidential Information to third parties other than employees, agents, or subcontractors of a party who have a need to know in connection with this Agreement or to use such Confidential Information for any purposes whatsoever other than the performance of this Agreement, or as required by law including the California Public Records Act, subpoena, or court order. The parties agree to advise and require their respective employees, agents, and subcontractors of their obligations to keep all Confidential Information confidential.
9.3 Cooperation to Prevent Disclosure of Confidential Information. Each party shall use its best efforts to assist the other party in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the foregoing, each party shall advise the other party immediately in the event either party learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Agreement and each party 13 will cooperate with the other party in seeking injunctive or other equitable relief against any such person.
9.4 Remedies for Breach of Obligation of Confidentiality. Each party acknowledges that breach of its obligation of confidentiality may give rise to irreparable injury to the other party, which damage may be inadequately compensable in the form of monetary damages. Accordingly, a party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available, to include, in the case of City, at the sole election of City, the immediate termination, without liability to City, of this Agreement.
9.5 Surrender of Confidential Information upon Termination. Upon termination or expiration of this Agreement, in whole or in part, each party shall, within five (5) calendar days from the date of termination, return to the other party any and all Confidential Information received from the other party, or created or received by a party on behalf of the other party, which is in such party’s possession, custody, or control; provided, however, that Service Provider shall return City Data to City following the timeframe and procedure described further in this Agreement. Should Service Provider or City determine that the return of any City Data or non-City Data Confidential Information is not feasible, Service Provider shall destroy the data comprising such Confidential Information in compliance with the most current version of NIST standard SP800-88, or other standard acceptable to the City, and shall certify the same in writing within five (5) calendar days from the date of termination to the other party.
10. Data Privacy and Information Security.
10.1 Undertaking by Service Provider. Without limiting Service Provider’s obligation of confidentiality as further described herein, Service Provider shall be responsible for establishing, maintaining, and providing a written description to City of, a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that comply with or are substantially similar to the security controls identified in the current version of NIST SP800-53, and that is designed to: (a) ensure the security and confidentiality of the City Data; (b) protect against any anticipated threats or hazards to the security or integrity of the City Data; (c) protect against unauthorized disclosure, access to, or use of the City Data; (d) ensure the proper disposal of City Data; and, (e) ensure that all employees, agents, and subcontractors of Service Provider, if any, comply with all of the foregoing. In no case shall the safeguards of Service Provider’s data privacy and information security program used to protect City Data be less stringent than the safeguards used by Service Provider for its own data.
If the Services include handling credit card information, then the Service Provider shall comply at all times with all applicable Payment Card Industry Data Security Standards (PCI-DSS). Service Provider agrees and warrants that it is responsible for the security of “cardholder data” that Service Provider possesses, stores, processes or transmits on behalf of the City, and for any impact on the security of City’s cardholder data environment adversely affected by any failure of Company to maintain compliance with provisions of the PCI-DSS applicable to the Services.
14 At all times herein, Services Provider shall maintain, handle, transmit, and store City Data in encrypted form meeting the requirements of Federal Information Processing Standard (FIPS) 140-3, or otherwise as required by the City.
10.2 Audit by Service Provider. No less than annually, Service Provider shall conduct a comprehensive independent third-party audit of its data privacy and information security program and provide such audit findings to City.
The required audit shall be a PCI DSS Level 1 (or successor standard) compliance assessment, and Service Provider shall provide the audit findings in the form of a current PCI DSS Attestation of Compliance.
10.3 Right of Audit by City. Without limiting any other audit rights of City, City shall have the right to review Service Provider’s data privacy and information security program prior to the commencement of Services and from time to time during the term of this Agreement. During the providing of the Services, on an ongoing basis from time to time and without notice, City, at its own expense, shall be entitled to perform, or to have performed, an on-site audit of Service Provider’s data privacy and information security program. In lieu of an on-site audit, upon request by City, Service Provider agrees to complete, within forty-five (45 days) of receipt, an audit questionnaire provided by City regarding Service Provider’s data privacy and information security program.
10.4 Audit Findings. Service Provider shall implement any required safeguards as identified by City or by any audit of Service Provider’s data privacy and information security program.
10.5 City’s Right to Termination for Deficiencies. City reserves the right, at its sole election, to immediately terminate this Agreement without limitation and without liability if City reasonably determines that Service Provider fails or has failed to meet its obligations under this Section.
11. Proprietary Rights.
11.1 Pre-existing Materials. City acknowledges that, in the course of performing the Services, Service Provider may use software and related processes, instructions, methods, and techniques that have been previously developed by Service Provider (collectively, the “Pre-existing Materials,” which shall include the Services) and that the same shall remain the sole and exclusive property of Service Provider.
11.2 No License. Except as expressly set forth herein, no license is granted by either party to the other with respect to the Confidential Information or Pre-existing Materials. Nothing in this Agreement shall be construed to grant to either party any ownership or other interest, in the Confidential Information or Pre-existing Materials, except as may be provided under a license specifically applicable to such Confidential Information or Pre-existing Materials.
11.3 The provisions of this Section shall survive the termination of this Agreement. 15 12. Indemnification; Limitation of Liability; Insurance.
12.1 General Indemnification. To the maximum extent permitted by law, Service Provider agrees to indemnify, defend, and hold harmless City and its elected officials, officers, directors, agents, attorneys and employees (each, an “Indemnitee“) from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, or judgments (each, a “Claim,” and collectively, the “Claims“), including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, incurred by, accrued against, charged to, or recoverable from any Indemnitee, by reason of any Claim arising out of or relating to any breach of this Agreement, error or omission, negligence, or misconduct of Service Provider, its officers, directors, agents, employees, and subcontractors, during the performance of this Agreement, including, without limitation, Claims arising out of or relating to: (a) bodily injury (including death) or damage to tangible personal or real property; (b) any payment required to be paid to subcontractors, if any, of Service Provider; (c) any material misrepresentation or breach of warranty of any representation or warranty set forth in this Agreement; or, (d) any material breach of any covenant set forth in this Agreement; provided, however, that the foregoing indemnity shall not apply to the extent that the applicable Claim resulted from the acts or omissions of an Indemnitee.
To the maximum extent permitted by law, Service Provider shall indemnify, defend and hold each of the Indemnitees free and harmless, and pay reasonable attorneys’ fees and costs, with respect to any and all Claims to the extent arising out of, related to, or incurred in connection with any destruction, or unauthorized access, use, or theft of City Data (collectively, “cyber theft”) provided, however, that Service Provider’s liability for cyber theft shall be limited to the cyber liability insurance policy limits set forth in this Agreement.
The City agrees to indemnify and hold harmless IROL, all officers, agents, employees, subcontractors, their agents, officers and employees who are hired by or engaged by, as to any and all claims, liability or loss, damage or injury to persons or property, which arise from City's performance of this Agreement.
12.2 Proprietary Rights Indemnification. Service Provider agrees to indemnify, defend, and hold harmless Indemnitees from and against any and all Claims, including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, incurred by, accrued against, charged to, or recoverable from any Indemnitee, by reason of any Claim arising out of or relating to the Services allegedly or actually infringing or misappropriating any United States or foreign patent, copyright, trade secret, trademark, or other proprietary right. In the event that Service Provider is enjoined from providing the Services and such injunction is not dissolved within thirty (30) calendar days, or in the event that City is adjudged, in any final order of a court of competent jurisdiction from which no appeal is taken, to have infringed upon or misappropriated any patent, copyright, trade secret, trademark, or other proprietary right in the access or use of the Services, then Service Provider shall, at its expense: (a) obtain for City the right to continue using such Services; (b) replace or modify such Services so that they do not infringe upon or misappropriate such proprietary right and is free to be used by City; or, (c) in the event that Service Provider is unable or determines, in its reasonable judgment, 16 that it is commercially unreasonable to do either of the aforementioned, Service Provider shall reimburse to City any prepaid fees and the full cost associated with any Transition Services.
12.3 Indemnification Procedures. Promptly after receipt by City of a threat, notice, or filing of any Claim against an Indemnitee, City shall give notice thereof to Service Provider, provided that failure to give or delay in giving such notice shall not relieve Service Provider of any liability it may have to the Indemnitee except to the extent that Service Provider demonstrates that the defense of the Claim is prejudiced thereby.
Service Provider shall have sole control of the defense and of all negotiations for settlement of a Claim and City shall not independently defend or respond to a Claim; provided, however, that: (a) City may defend or respond to a Claim, at Service Provider’s expense, if City’s counsel determines, in its sole discretion, that such defense or response is necessary to preclude a default judgment from being entered against an Indemnitee; and, (b) City shall have the right, at its own expense, to monitor Service Provider’s defense of a Claim. At Service Provider’s request, City shall reasonably cooperate with Service Provider in defending against or settling a Claim; provided, however, that Service Provider shall reimburse City for all reasonable out-of-pocket costs incurred by City (including, without limitation, reasonable attorneys’ fees and expenses) in providing such cooperation.
12.4 Third-Party Beneficiaries. Nothing, express or implied, in this Agreement is intended to benefit, or to create or be construed to create any rights of enforcement in any persons or entities who are neither signatories to this Agreement nor Indemnitees.
12.5 Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION
SET FORTH HEREIN, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT,
SPECIAL, AND / OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; PROVIDED, HOWEVER, THAT THE
FOREGOING EXCULPATION OF LIABILITY SHALL NOT APPLY WITH RESPECT
TO DAMAGES INCURRED AS A RESULT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY. A PARTY SHALL BE LIABLE TO THE
OTHER FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATING TO ITS PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT;
PROVIDED, HOWEVER, THAT THE LIABILITY OF A PARTY, WHETHER BASED
ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT, OR
OTHERWISE FOR ALL EVENTS, ACTS, OR OMISSIONS UNDER THIS
AGREEMENT SHALL NOT EXCEED THE FEES PAID OR PAYABLE UNDER THIS
AGREEMENT, AND PROVIDED, FURTHER, THAT THE FOREGOING
LIMITATIONS SHALL NOT APPLY TO: (A) A PARTY’S OBLIGATIONS OF INDEMNIFICATION, AS FURTHER DESCRIBED IN THIS AGREEMENT; (B) DAMAGES CAUSED BY A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR, (C) A PARTY’S BREACH OF ITS OBLIGATIONS OF CONFIDENTIALITY, AS FURTHER DESCRIBED IN THIS AGREEMENT. This Section shall survive the termination of this Agreement.
12.6 Insurance. Unless otherwise approved in writing by City’s risk manager, Service Provider shall, at its own expense, procure and maintain in full force and effect during the term of this Agreement, policies of insurance, of the types and in the minimum 17 amounts as follows, with responsible insurance carriers duly admitted and qualified in California covering the operations of Service Provider, pursuant to this Agreement:
commercial general liability ($1,000,000 per occurrence, $2,000,000 aggregate); excess liability ($1,000,000 per occurrence, $1,000,000 aggregate); workers’ compensation (statutory limits) and employers’ liability ($500,000 per accident); cyber liability ($2,000,000 per occurrence) providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of City Data; (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; and professional liability ($1,000,000 per occurrence, $1,000,000 aggregate). Any of the foregoing policy limits shall be subject to modification by the City’s risk manager upon thirty (30) days prior, written notice to Service Provider, and at any time prior to commencement of the Services.
The Indemnitees shall be named as additional insureds in the commercial general, cyber, and excess liability policies which shall contain standard cross liability clauses. Service Provider shall cause the liability it assumed under this Agreement to be specifically insured under the contractual liability section of the liability insurance policies. The liability policies shall be primary without right of contribution from any Indemnitee, and Service Provider waives all rights of subrogation with respect to said policies. Such policies shall require that City be given no less than thirty (30) calendar days prior written notice of any cancellation thereof or material change therein. City shall have the right to request an adjustment of the limits of liability for commercial general, cyber, and excess liability, and/or professional liability insurance as Service Provider’s exposure to City increases. Service Provider shall provide City with certificates of insurance and original endorsements, evidencing all of the above coverage, including all special requirements specifically noted above, and shall provide City with certificates of insurance evidencing renewal or substitution of such insurance thirty (30) calendar days prior to the effective date of such renewal or substitution.
13. General.
13.1 Relationship between City and Service Provider. Service Provider represents and warrants that it is an independent contractor with no authority to contract for City or in any way to bind or to commit City to any agreement of any kind or to assume any liabilities of any nature in the name of or on behalf of City. Under no circumstances shall Service Provider, or any of its staff, if any, hold itself out as or be considered an agent employee, joint venture, or partner of City. In recognition of Service Provider’s status as an independent contractor, City shall carry no Workers’ Compensation insurance or any health or accident insurance to cover Service Provider or Service Provider’s agents or staff, if any. City shall not pay any contributions to Social Security, unemployment insurance, federal or state withholding taxes, any other applicable taxes whether federal, state, or local, nor provide any other contributions or benefits which might be expected in an employer-employee relationship. Neither Service Provider nor its staff, if any, shall be eligible for, participate in, or accrue any direct or indirect benefit under any other compensation, benefit, or pension plan of City.
18 13.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States of America. Service Provider hereby consents and submits to the jurisdiction and forum of the state and federal courts in the County of Orange, State of California, in all questions and controversies arising out of this Agreement.
13.3 Attorneys’ Fees and Costs. In any arbitration, litigation, or other proceeding, informal or formal, by which one party either seeks to enforce this Agreement or seeks a declaration of any rights or obligations under this Agreement, the non-prevailing party shall pay the prevailing party’s costs and expenses, including but not limited to, reasonable attorneys’ fees.
13.4 Compliance with Laws; City Policies and Procedures. Both parties agree to comply with all applicable federal, state, and local laws, executive orders and regulations issued, where applicable. Service Provider shall comply with City policies and procedures where the same are posted, conveyed, or otherwise made available to Service Provider.
13.5 Cooperation. Where agreement, approval, acceptance, consent or similar action by either party hereto is required by any provision of this Agreement, such action shall not be unreasonably delayed or withheld. Each party will cooperate with the other by, among other things, making available, as reasonably requested by the other, management decisions, information, approvals, and acceptances in order that each party may properly accomplish its obligations and responsibilities hereunder. Service Provider will cooperate with any City supplier performing services, and all parties supplying hardware, software, communication services, and other services and products to City, including, without limitation, the Successor Service Provider. Service Provider agrees to cooperate with such suppliers, and shall not commit or permit any act which may interfere with the performance of services by any such supplier.
13.6 Force Majeure; Excused Performance. Neither party shall be liable for delays or any failure to perform the Services or this Agreement due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, explosion, flood or other natural catastrophe, governmental legislation, acts, orders, or regulation, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of the delayed party. Any such excuse for delay shall last only as long as the event remains beyond the reasonable control of the delayed party. However, the delayed party shall use its best efforts to minimize the delays caused by any such event beyond its reasonable control.
Where Service Provider fails to use its best efforts to minimize such delays, the delays shall be included in the determination of Service Level achievement. The delayed party must notify the other party promptly upon the occurrence of any such event, or performance by the delayed party will not be considered excused pursuant to this Section, and inform the other party of its plans to resume performance. A force majeure event does not excuse Service Provider from providing Services and fulfilling its responsibilities relating to the requirements of backup and recovery of City Data. In no 19 event shall any of the following constitute a force majeure event: (a) failure, inadequate performance, or unavailability of Service Provider’s subcontractors, if any; or, (b) configuration changes, other changes, Viruses, or other errors or omissions introduced, or permitted to be introduced, by Service Provider that result in an outage or inability for City to access or use the Services. Within thirty (30) calendar days following the Effective Date and on an annual basis thereafter until the termination of this Agreement, Service Provider shall provide its then-current business continuity plan (“Business Continuity Plan”) to City upon City’s request. The Business Continuity Plan shall include: (a) Services and City Data backup and recovery procedures, including procedures and resources for disaster recovery; (b) fail-over procedures; and, (c) how Service Provider will interact with its business continuity suppliers, if any. Service Provider shall test its Business Continuity Plan on an annual basis until the termination of this Agreement and shall provide the test results to City upon City’s request.
13.7 Advertising and Publicity. Service Provider shall not refer to City directly or indirectly in any advertisement, news release, or publication, or use any City logo, seal or mark, without prior written approval from City.
13.8 No Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.
13.9 Notices. Any notice given pursuant to this Agreement shall be in writing and shall be given by personal service or by United States certified mail, return receipt requested, postage prepaid to the addresses appearing at the end of this Agreement, or as changed through written notice to the other party. Notice given by personal service shall be deemed effective on the date it is delivered to the addressee, and notice mailed shall be deemed effective on the third day following its placement in the mail addressed to the addressee.
City Service Provider
City of Brea InspectionReportsOnline.net (IROL)
1 Civic Center Circle
Brea, CA 92821
Nicole Pesqueira
[email protected]
2300 Cabot Dr Suite 250
Lisle, IL 60532
USA
Jill Cotton
[email protected]
(714) 9907652 630-768-5905
13.10 Assignment of Agreement. This Agreement and the obligations of Service Provider hereunder are personal to Service Provider. Neither Service Provider nor any successor, receiver, or assignee of Service Provider shall directly or indirectly assign this 20 Agreement or the rights or duties created by this Agreement, whether such assignment is effected in connection with a sale of Service Provider’s assets or stock or through merger, an insolvency proceeding or otherwise, without the prior written consent of City. In the case of an assignment by Service Provider, Service Provider represents and warrants that it has all requisite rights and power to transfer any agreements or other rights with thirdparties whose software is incorporated into the Services or who are necessary for the performance and use of the Services. Service Provider shall not subcontract performance of any of the Services without City’s prior, written, consent. City, at City’s sole election, may assign any and all of its rights and obligations under this Agreement to any company that succeeds to substantially all of City’s business.
13.11 Time is of the Essence. Time is of the essence in every provision of this Agreement in which time for performance is a factor.
13.12 Counterparts; Facsimile. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. The parties agree that a facsimile signature may substitute for and have the same legal effect as the original signature.
13.13 Entire Agreement. This Agreement and any and all attached exhibits, each of which is incorporated by reference herein, constitute the entire agreement between the parties and supersede any and all previous representations, understandings, or agreements between City and Service Provider as to the subject matter hereof. No representation or promise not expressly set forth herein shall be binding. The provisions of this Agreement shall govern over any inconsistent or conflicting provisions contained in any exhibit hereto. This Agreement may only be amended by an instrument in writing signed by the parties. This Agreement shall be construed without regard to the party that drafted it.
Any ambiguity shall not be interpreted against either party and shall, instead, be resolved in accordance with other applicable rules concerning the interpretation of contracts.
13.14 Cumulative Remedies. All rights and remedies of City herein shall be in addition to all other rights and remedies available at law or in equity, including, without limitation, specific performance against Service Provider for the enforcement of this Agreement, and temporary and permanent injunctive relief. [SIGNATURES ON FOLLOWING PAGE]
21 Executed on the dates set forth below by the undersigned authorized representative of City and Service Provider to be effective as of the Effective Date. Digital Signatures are acceptable if they conform to all requirements of California Government Code Section 16.5.
InspectionReportsOnline.net (IROL) Inc
By: By:
Jill Cotton
Executive Vice President
[email protected]
Date Signed: Date Signed:
[Corporation: 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. Limited liability company: Pursuant to California Corporations Code Section 17703.01(d), both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] City of Brea Attest (if over $25,000)
By: By:
Kristin Griffith
City Manager
[email protected]
Date Signed: Date Signed:
7/16/2026
22 EXHIBIT A
STATEMENT OF SERVICES, SUPPORT, AND SERVICE LEVEL AGREEMENT This Exhibit A - Statement of Services and Service Level Agreement shall be incorporated in and governed by the terms of that certain Master Software as a Service Agreement by and between the City of Brea (“City“) and InspectionReportsOnline.net (IROL) Inc (“Service Provider”) dated 07/21/2026, (“Agreement”). In the event of a conflict between the provisions contained in the Agreement and those contained in this Exhibit A, the provisions contained in the Agreement shall prevail.
Services Description.
Third-Party Reporting provides a streamlined, Web-Based Solution in which third-party service providers (contractors) performing Inspection, Test, and Maintenance (ITM) on Fire and Life Safety Systems can submit final test reports via IROL’s platform directly to the Authority Having Jurisdiction (AHJ) and/or Property Owner/Occupant. This program provides an efficient and effective process of facilitating code compliance and minimizing the loss of life and property.
IROL’s Review Department - The AHJ receives an IROL Reviewer - a current/retired fire service professional (Fire Inspector, Fire Marshal, Chief, etc.), who reviews every single report that gets submitted. The Reviewer will verify the accuracy of all information, and handle the follow-up needed with the property owners and contractors for deficiency remediation. Services requirements and the Fees are detailed in the Service Provider's Proposal as set forth Attachment 1 to Exhibit A attached hereto.
Start Date and End Date. These dates represent the Initial Term of this Agreement. The Start Date shall be 07/21/2026 and End Date of the Services shall be three years after the Start Date. If the Services are not required until after Customization / Integration Services, Training Services, etc. are completed, the Start Date for the Services shall be upon satisfactory completion of such services and the End Date shall be adjusted correspondingly.
Authorized Users and Services Fees. The initial number of Authorized Users and the per user monthly rate; the Additional Authorized Users and the per user monthly rate; the pricing model used including tiers; and the billing frequency are further set forth in the Service Provider's proposal in Attachment 1 to Exhibit A.
Storage and Storage Fees. The initial data storage provided by the Service Provider and the data storage monthly fee; the additional data storage which may need to be provided by the Service Provider and the data storage storage monthly fee; the pricing model used including tiers; and the billing frequency are further set forth in the Service Provider's proposal in Attachment 1 to Exhibit A.
Technical Support Description. Service Provider will provide to City telephone and email support (“Technical Support”) twenty-four (24) hours per day, seven (7) days per week, threehundred-sixty-five (365) days per year. Technical Support will include any research and resolution activity performed by Service Provider.
23 a) Request for Technical Support. Authorized Users will make Technical Support requests by calling or emailing Service Provider’s Technical Support staff or by submitting a request via Service Provider’s customer service web portal. The Technical Support staff shall assign to the request the Problem Severity Level (as defined herein) indicated by the requestor. b) Problem Severity Levels 1 and 2 Response and Resolution. For Technical Support requests not made by telephone, within the Request Response Time of such a request, Service Provider shall confirm to the requestor receipt of the request by Service Provider. If a Problem Severity Level 1 or 2 request cannot be corrected to the reasonable satisfaction of the requestor within the Request Resolution Time after the requestor makes the initial request for Technical Support, Service Provider will: (a) immediately escalate the request to Service Provider’s management; (b) take and continue to take the actions which will most expeditiously resolve the request; (c) provide a hourly report to the requestor of the steps taken and to be taken to resolve the request, the progress to correct, and the estimated time of correction until the request is resolved; and, (d) every two hours, provide increasing levels of technical expertise and Service Provider management involvement in finding a solution to the request until it has been resolved.
c) Problem Severity Levels 3 and 4 Response and Resolution. For Technical Support requests not made by telephone, within the Request Response Time of such a request, Service Provider shall confirm to the requestor receipt of the request by Service Provider. If a Problem Severity Level 3 or 4 request cannot be corrected to the reasonable satisfaction of the requestor within the Request Resolution Time after the requestor makes the initial request for Technical Support, at the sole election of requestor: (a) Service Provider will work continuously to resolve the request; or, (b) requestor and Service Provider will mutually agree upon a schedule within which to resolve the request.
Technical Support Problem Severity Levels
a) Problem Severity Level 1.
1) Description. This Problem Severity Level is associated with: (a) Services, as a whole, are non-functional or are not accessible; (b) unauthorized exposure of all of part of City Data; or, (c) loss or corruption of all or part of City Data. 2) Request Response Time. 30 minutes.
3) Request Resolution Time. 2 hours.
b) Problem Severity Level 2.
1) Description. This Problem Severity Level is associated with significant and / or ongoing interruption of an Authorized User’s use of a critical function (as determined by the Authorized User) of the Services and for which no acceptable (as determined by the Authorized User) work-around is available.
2) Request Response Time. 1 hour.
24 3) Request Resolution Time. 4 hours.
c) Problem Severity Level 3.
1) Description. This Problem Severity Level is associated with: (a) minor and / or limited interruption of an Authorized User’s use of a non-critical function (as determined by the Authorized User) of the Services; or, (b) problems which are not included in Problem Severity Levels 1 or 2.
2) Request Response Time. 8 hours.
3) Request Resolution Time. 24 hours.
d) Problem Severity Level 4.
1) Description. This Problem Severity Level is associated with: (a) general questions pertaining to the Services; or, (b) problems which are not included in Problem Severity Levels 1, 2, or 3.
2) Request Response Time. 8 hours.
3) Request Resolution Time. 48 hours.
Customization / Integration Services. IROL will assist the City with integrating their software with the Fire Departments Records Management Software "First Due".
Training Services. IROL will provide training to the Fire Department staff as part of the onboarding process.
Service Levels.
a) Availability Service Level.
1) Definitions.
(a) “Actual Uptime” shall mean the total minutes in the reporting month that the Services were actually available to Authorized Users for normal use. (b) “Maintenance Window” shall mean the total minutes in the reporting month represented by the following day(s) and time(s) during which Service Provider shall maintain the Services: [Day(s) and Time(s)].
(c) “Scheduled Downtime” shall mean the total minutes in the reporting month represented by the Maintenance Window.
(d) “Scheduled Uptime” shall mean the total minutes in the reporting month less the total minutes represented by the Scheduled Downtime. 2) Service Level Standard. Services will be available to Authorized Users for normal use 100% of the Scheduled Uptime.
3) Calculation. (Actual Uptime / Scheduled Uptime) * 100 = Percentage Uptime (as calculated by rounding to the second decimal point) 25 4) Performance Credit.
(a) Where Percentage Uptime is greater than 99.98%, no Performance Credit will be due to City.
(b) Where Percentage Uptime is equal to or less than 99.98%, City may assess a Performance Credit in the amount of 0.00% of the Services Fees (as calculated on a monthly basis for the reporting month) up to a maximum of 0% to be applied to the next month's service fee for each full 1% reduction in Percentage Uptime. A waiver by City of any past Performance Credit shall not be deemed to be a waiver of any subsequent Performance Credit. 5) Example Calculation.
(a) Assuming reporting month is February 2012 (41,760 minutes). (b) Assuming a Maintenance Window of Sundays from Midnight to 4:00 a.m.
Eastern Standard Time (equals Scheduled Downtime of 960 minutes). (c) Scheduled Uptime equals 40,800 minutes (total minutes of 41,760 in February 2012 less 960 minutes of Scheduled Downtime).
(d) Assuming Actual Uptime of 40,000 minutes. A Percentage Uptime is calculated as follows: (40,000 / 40,800) *100 = 98.04%. (e) The threshold of 99.99% less the Percentage Uptime of 98.04% = 1.95%. (f) The difference is greater than a 1% reduction but is less than a 2% reduction; therefore, City is due 0.00% of the Services Fees as a Performance Credit.
b) Services Response Time Service Level.
1) Definition(s).
(a) “Response Time” shall mean the interval of time from when an Authorized User requests, via the Services, a Transaction to when visual confirmation of Transaction completion is received by the Authorized User. For example, Response Time includes the period of time representing the point at which an Authorized User enters and submits data to the Services and the Services display a message to the Authorized User that the data has been saved. (b) “Total Transactions” shall mean the total of Transactions occurring in the reporting month.
(c) “Transaction” or “Transactions” shall mean Services web page loads, Services web page displays, and Authorized User Services requests. 2) Service Level Standard. Transactions will have a Response Time of 1 second or less 100% of the time each reporting month during the periods for which the Services are available.
3) Calculation. ((Total Transactions – Total Transactions failing Standard) / Total 26 Transactions) * 100 = Percentage Response Time (as calculated by rounding to the second decimal point).
4) Performance Credit.
(a) Where Percentage Response Time is greater than 95.00%, no Performance Credit will be due to City.
(b) Where Percentage Response Time is equal to or less than 95.00%, City shall be due a Performance Credit in the amount of 1% of the Services Fees (as calculated on a monthly basis for the reporting month) for each full 1% reduction in Percentage Response Time.
5) Example Calculation.
(a) Total Transactions during the reporting month equal 42,078. (b) Total Transactions failing the Standard of 100% equal 2,163. (c) Percentage Response Time is calculated as follows: ((42,078 – 2,163) / 42,078) * 100 = 94.86%
(d) The threshold of 95.01% less the Percentage Response Time of 94.86% = .15%. The difference is less than a 1% reduction; therefore, City is not due a Performance Credit.
CITYofBREA
City Council Regular Meeting
Communication
July 21, 2026
Item No. 4I.
Approval of Memorandum of Understanding Between the City of Brea and the Brea Fire Association and Approval of Side Letter Agreement Between the City of Brea and the Brea Police Association.
TO PREPARED BY
Honorable Mayor and City Council Members Mario Maldonado, Human Resources Manager
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Kristin Griffith, City Manager Kristin Griffith, City Manager
RECOMMENDATION
Staff Recommends that the City Council take the following actions:
1. Adopt resolution approving Memorandum of Understanding (MOU) with the Brea Fire Association (BFA).
2. Adopt resolution approving the MOU Side Letter Agreement between the City of Brea and the Brea Police Association (BPA).
BACKGROUND/DISCUSSION
The City currently has seven recognized bargaining groups representing employees across various departments and classifications. Of these seven bargaining groups, six collective bargaining agreements expired on June 30, 2026. The expiration of these agreements presented an important opportunity for the City to engage in discussions with employee associations regarding wages, benefits, working conditions, and other terms and conditions of employment.
Over the last three and a half months, the City’s bargaining team has been meeting with various employee associations to try and reach an agreement on terms and conditions of employment for new labor contracts (Memorandums of Understanding or MOUs). The City reached Tentative Agreements with five of its six bargaining groups (APEA, BCEA, BFMA, BMA, and BPMA) and the City Council approved their respective MOU’s on June 30, 2026, and on July 7, 2026. Shortly thereafter, the City’s negotiating team reached a Tentative Agreement with the Brea Fire Association (BFA). BFA has now ratified the agreement and is ready for City Council consideration.
In recent years, contracts with employee associations have included market-rate adjustments and modest changes to the terms of employment, reflecting the City’s concerns about maintaining a balanced budget, sustaining healthy reserves, and remaining competitive in attracting talent. The agreement that was reached with BFA calls for a twoyear term, including salary increases of two and a half percent (2.5%) in each year of the contract, effective July 18, 2026, and July 3, 2027, respectively. These are the same terms that were negotiated with APEA, BCEA, BFMA, BMA, and BPMA.
Moreover, adjustments to the City's health plan flexible benefit amounts have remained unchanged for several years, resulting in Brea falling behind the labor market in this important area, while health insurance costs have continued to rise. In recognition of this situation, effective July 18, 2026, the agreement includes monthly increases of $150, $425, and $550 per month for health benefits, depending on the employee’s family status. This increase in benefits is equivalent to a two percent (2%) annual salary adjustment.
As is typical during negotiations, these MOU contract revisions include clean-up language throughout the agreement to remove expired or outdated language. The revised language clarifies existing provisions to ensure they accurately reflect current practices and operational procedures. Some proposed revisions include language under the Wellness Program, Sick Leave and Bereavement Leave and Professional Development sections.
Brea Police Association
Currently, the MOU for the Brea Police Association (BPA) effective January 1, 2023, through June 30, 2027, includes a reopener provision for potential increases to Article VI- Fringe Benefits, Health and Welfare section.
Pursuant to this provision, BPA formally requested to reopen discussions on June 24, 2026, to discuss the recent Flexible Benefit increases to other bargaining groups and asking for same increases. Following the request, the City and BPA engaged in good-faith negotiations and reached a Tentative Agreement on revisions to the City’s Flexible Benefit Plan benefits and Wellness Program.
The proposed side letter includes monthly increases of $150, $425, and $550 per month for the City’s Flexible Benefit Plan benefits, depending on the employee’s family status.
As part of the agreement, the City agreed to increase the medical contributions. In exchange, the City and BFA agreed to clean-up language under the current Wellness Program provisions, which amended the current language by adding a provision requiring employees to sign an attestation form every fiscal year affirming that the funds will be used solely for wellness-related expenses.
FISCAL IMPACT/SUMMARY
The City has been working with labor groups to prudently manage personnel costs for several years now. These contract adjustments are needed for the City to remain competitive in the current labor market if Brea is to continue attracting and retaining quality public sector and public safety employees amid a challenging economic landscape.
The City’s bargaining team has been meeting in good faith with BFA and BPA and has now reached a tentative agreement with these two employee associations. The associations have already ratified the agreements.
This action authorizes the City to enter into new MOU (labor agreement) with BFA through June 30, 2028, and grants additional Flexible Benefit Plan contributions to BPA through June 30, 2027. This contract adjustment for BFA will give both sides some measure of stability in the next two years. The estimated net financial impact to the General Fund of entering into an agreement with BFA for FY 2026-27 through June 30, 2028 (FY 2027-28) is $475, 241 for two years. The estimated net financial impact to the General Fund of entering into a side letter agreement with BPA for FY 2026-27 is $225,000. The total net cost of this action is $700,241.
There are sufficient funds in the adopted budget to cover these costs. Staff will continue to monitor the budget and will bring forward any necessary updates during the year.
Attachments
Resolution No 2026-XXX BFA MOU.pdf
Resolution No. 2026-XX BPA Side Letter.pdf
RESO NO. 2026- ___
July 21, 2026
RESOLUTION NO. 2026 -_______
A RESOLUTION OF THE COUNCIL OF THE CITY OF BREA
APPROVING A MEMORANDUM OF UNDERSTANDING
WITH THE BREA FIRE 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 Fire 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 Fire Association have met and conferred in good faith and have reached an agreement on changes in wages, hours and terms and conditions of employment.
RESO NO. 2026- ___
July 21, 2026
(v) The Brea Fire 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:
1. The Memorandum of Understanding representing an agreement to changes in wages, hours, and terms and conditions of employment for the term of July 1, 2026, through June 30, 2028, by the City and the Brea Fire Association (Exhibit A), is approved.
APPROVED and ADOPTED THIS 21st DAY OF July 2026.
______________________________
Cecilia Hupp, Mayor
ATTEST: __________________________
Victoria Popescu, City Clerk
RESO NO. 2026- ___
July 21, 2026
I, Victoria Popescu, 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 21st. day of July, 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
DATED: ______________________________
_____________________________________
Victoria Popescu, City Clerk
RESO NO. 2026- ___
July 21, 2026
EXHIBIT A
Memorandum of
Understanding
BETWEEN
THE CITY OF BREA
AND
THE BREA
FIREFIGHTERS’
ASSOCIATION
JULY 1, 2026 THROUGH JUNE 30, 2028
Brea Civic & Cultural Center
Human Resources Division
1 Civic Center Circle
Brea, CA 92821
www.cityofbrea.gov
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 ................................................................................................. 4 ARTICLE V – LEAVES ................................................................................................................................ 11 ARTICLE VI – FRINGE BENEFITS ............................................................................................................ 20 ARTICLE VII – PROFESSIONAL DEVELOPMENT ................................................................................... 27 ARTICLE VIII – OTHER PROVISIONS ...................................................................................................... 30 ARTICLE IX – LABOR MANAGEMENT RELATIONSHIP .......................................................................... 32 ARTICLE X - MOU CONTRACT PROVISIONS ......................................................................................... 36
EXHIBIT A - LIST OF REPRESENTED CLASSIFICATIONS
EXHIBIT B - SALARY TABLES
Effective July 5, 2025 – July 17, 2026
Effective July 18, 2026 – July 2, 2027
Effective July 3, 2027 – June 30, 2028
EXHIBIT C - AMENDMENT TO HUMAN RESOURCES RULES AND REGULATIONS
REGARDING THE FIREFIGHTER BILL OF RIGHTS
INDEX
Brea Firefighters' Association July 1, 2026 – June 30, 2028 1 MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF BREA
AND
THE BREA FIREFIGHTERS' ASSOCIATION
July 1, 2026 through June 30, 2028
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, 2026 – June 30, 2028 2 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 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 Brea Firefighters' Association July 1, 2026 – June 30, 2028 3 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 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, they will be paid “in advance” of those pay periods when the employee’s normal schedule is greater than one hundred and twelve (112) hours.
Brea Firefighters' Association July 1, 2026 – June 30, 2028 4 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 a resolution. If there continues to be a negative 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.
Brea Firefighters' Association July 1, 2026 – June 30, 2028 5 Effective the first full payroll period commencing on or after July 18, 2026, or following approval and adoption of this MOU, whichever is later, the “base salary” of each classification shall be increased by two and a half percent (2.5%) Effective the first full payroll period commencing on or after July 1, 2027, the “base salary” of each classification shall be increased by two and a half percent (2.5%).
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).
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.
Brea Firefighters' Association July 1, 2026 – June 30, 2028 6 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 they determine 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 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.
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 week.
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 they 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 Brea Firefighters' Association July 1, 2026 – June 30, 2028 7 pay. The employee may request the 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 they determines that approval for the requested date(s) would create an undue burden on departmental workload, operational efficiency, and/or safe staffing considerations.
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 their 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.
Call-Back Pay
An employee called back to work after completing their 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, they 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 of 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 Brea Firefighters' Association July 1, 2026 – June 30, 2028 8 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 of 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.
Paramedic Continuing Education/Recertification Compensation Continuing Education- An employee assigned as a Paramedic shall be compensated, at their 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.
Brea Firefighters' Association July 1, 2026 – June 30, 2028 9 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 of days indicated above, the additional pay rate shall commence on the 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 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 a regular City holiday or a 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 Brea Firefighters' Association July 1, 2026 – June 30, 2028 10 basis in Fire Administration shall receive ten (10) percent in addition to their regular rate of pay while working in that assignment.
When there is no conflict with their 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 (24) 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 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 forty (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 their 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 their 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 their 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 Brea Firefighters' Association July 1, 2026 – June 30, 2028 11 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 (4) 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 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 the uniform allowance for Classic employees, the 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 that includes July 1.
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 on December 3rd. That employee is provided with their 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 July 1, 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 their 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
Brea Firefighters' Association July 1, 2026 – June 30, 2028 12 Completion of 16 Years 175 hours/year
Completion of 19 Years 200 hours/year
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 buyback. A shift employee must have used forty-eight (48) consecutive hours of vacation Brea Firefighters' Association July 1, 2026 – June 30, 2028 13 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 Division, 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 in the last full payperiod 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 the 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 cashout.
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 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 Brea Firefighters' Association July 1, 2026 – June 30, 2028 14 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
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, Brea Firefighters' Association July 1, 2026 – June 30, 2028 15 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 workday. In such a 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 their immediate supervisor prior to using accrued holiday leave time. Holiday leave time for shift employees may only be taken 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 the 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 workday. In such a 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.
Brea Firefighters' Association July 1, 2026 – June 30, 2028 16 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 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 three (3) work shifts (3 work days Brea Firefighters' Association July 1, 2026 – June 30, 2028 17 for forty 40 hour employees). 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.
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 their duties during the sick leave use and that the employee is now capable of performing their duties or such of their duties as enumerated in the certificate after an absence of three (3) work shifts (or five [5] workdays for forty [40] hour employees) or longer.
The Human Resources Officer or their designee may 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 five (5) working days for non-shift 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 them from working; Brea Firefighters' Association July 1, 2026 – June 30, 2028 18 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 a 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 an Immediate Family Member section above in this Article). Employees shall be paid for the first twentyseven (27) hours of bereavement leave for non-shift employees and forty-eight (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 twenty-seven (27) hours for non-shift employees and forty-eight (48) hours for shift employees. Bereavement leave hours shall not accrue or carry over to a new fiscal year.
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 an 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, a 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, they 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 their employment with the City. An employee on leave of absence must give the City at least a seven (7) day Brea Firefighters' Association July 1, 2026 – June 30, 2028 19 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 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 their designee.
Brea Firefighters' Association July 1, 2026 – June 30, 2028 20 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 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 the 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 the first full payroll period commencing on or after July 18, 2026, or following approval and adoption of this MOU, whichever is later, the maximum monthly Flexible Benefit contribution for employees enrolled in a City sponsored CalPERS medical plan shall be:
Single employee $950
Employee plus 1 dependent $1,600
Employee plus 2 or more dependents $2,100
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 Brea Firefighters' Association July 1, 2026 – June 30, 2028 21 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 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 ($162 per month in 2026) 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 ($162 per month in 2026) 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 ($162 per month in 2026) plus the difference between $335 per month and the PEMHCA contribution designated by CalPERS ($162 per month in 2026) into a health reimbursement or similar tax preferred 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 $162 in calendar year 2026.)
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 Brea Firefighters' Association July 1, 2026 – June 30, 2028 22 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.
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 their 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.
Contributions to the RHSP have ceased by BFA employees. Contributions are now being made 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 contributions or receive any portion of the contribution in cash.
Brea Firefighters' Association July 1, 2026 – June 30, 2028 23 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 the Trust, except for the obligation of the City to make and report on the non-elective transfer of contributions as described in this Section.
Brea Firefighters' Association July 1, 2026 – June 30, 2028 24 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 the 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 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).
Brea Firefighters' Association July 1, 2026 – June 30, 2028 25 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 their employment or in the course of their 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 their employment, or in the course of their employment with the City, the employee's accrued, 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.
Brea Firefighters' Association July 1, 2026 – June 30, 2028 26 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 their 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 their 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 their duties or such of their 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 their 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 Department Director shall assess the City's ability to provide reasonable accommodation.
WELLNESS PROGRAM
Employees who hold full-time status as of July 1 of each fiscal year shall receive a Wellness Benefit in the amount of four hundred and fifty dollars ($450) to be used toward wellness and fitness-related programs, services, or activities.
The Wellness Benefit shall be paid during the second pay period in July of each fiscal year.
As a condition of receiving the Wellness Benefit, Association members shall sign an attestation each fiscal year acknowledging that the funds will be used solely for wellness and fitness purposes in accordance with this provision.
Brea Firefighters' Association July 1, 2026 – June 30, 2028 27 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.
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 online attendance or other attendance 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 their 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 Brea Firefighters' Association July 1, 2026 – June 30, 2028 28 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 (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 twenty-four (24) months preceding such separation, at the rate of 1/24th for each full month they separates prior to twenty-four (24) months.
EDUCATION PAY
Employees meeting City-approved certifications listed below shall be eligible for additional compensation upon proof of achievement being provided to the Fire Chief.
Education Pay - The following education courses and their curriculum have been Brea Firefighters' Association July 1, 2026 – June 30, 2028 29 evaluated and approved by Fire Department management as acceptable courses to enhance the ability of the fire-personnel to perform the necessary duties of their positions.
These courses develop foundational leadership, administrative, and operational skills and strengthen technical expertise. These courses equip employees with advanced knowledge in emergency operations, safety, and administration, enabling them to respond effectively to emergencies, lead teams with confidence, and uphold the Department’s mission of protecting life and property.
Payment Structure
Each eligible certificate achieved shall result in a payment of $19.23 per pay period per certificate, with a total payment cap not to exceed $96.15 per pay period, regardless of the number of certificates obtained. Any and all classes taken from the list below are considered part of the Education Pay Program and are only eligible for the $750 total per year reimbursement from the Education Reimbursement section. These certificate classes are not eligible for the larger degree education reimbursement portion available.
All employees in the classification of Firefighter shall receive a payment of $19.23 per pay period for each successfully completed course or certificate listed below, up to a maximum of $96.15 per pay period.
Classification Eligible Course/Certificate
Truck Academy
Engine Boss “T” or S-231
Instructor I
Instructor II
Investigator II or Fire Investigator 1C
Fire Prevention Officer or Fire Inspector 1C
Public Education Officer or Fire & Life Safety Educator 1C Company Officer Certification
Chainsaw Operator/Faller 3 min.
Driver/Operator 1A and 1B
Rescue Specialist (includes RS1/RS2) or Rope Rescue and Structural Collapse Specialist
Confined Space Operational Technician1
Specialized Rescue Technician2 or Structural Collapse
Specialist 2
All employees in the classification of Fire Engineer shall receive a payment of $19.23 per pay period for each successfully completed course or certificate listed below, up to a maximum of $96.15 per pay period.
Fire Mechanic I/ NIASE Preventive
1 For all ranks, includes Confined Space Operational and Trench Rescue. 2 For all ranks, includes Vehicle Extrication, Swift Water Operational Technician, HazMat First Responder, and ICS-200.
Brea Firefighters' Association July 1, 2026 – June 30, 2028 30 Truck Academy
Engine Boss “T” or S-231
Instructor II
Investigator II or Fire Investigator 1C
Fire Prevention Officer or Fire Inspector 1C
Public Education Officer or Fire & Life Safety Educator 1C Mtc Inspection
Company Officer Certification
Chainsaw Operator/Faller 3 min.
Rescue Specialist (includes RS1/RS2) or Rope Rescue and Structural Collapse Specialist
Confined Space Operational Technician
Specialized Rescue Technician2 or Structural Collapse
Specialist 2
All employees in the classification of Fire Captain shall receive a payment of $19.23 per pay period for each successfully completed course or certificate listed below, up to a maximum of $96.15 per pay period.
Truck Academy
Chainsaw Operator/Faller 3 min.
Strike Team Leader Engine (STEN) “T” or AH-330
Instructor II
Instructor III
Public Education Officer or Fire & Life Safety Educator IC Fire Protection Specialist Fire Inspector IC
Chief Fire Officer
Rescue Specialist (includes RS1/RS2)
Confined Space Operational Technician
Specialized Rescue Technician
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 Education Pay 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 Education Pay applicable to the higher classification. Education 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.
Brea Firefighters' Association July 1, 2026 – June 30, 2028 31 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 their 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.
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.
Brea Firefighters' Association July 1, 2026 – June 30, 2028 32 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.
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 Brea Firefighters' Association July 1, 2026 – June 30, 2028 33 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.
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 Brea Firefighters' Association July 1, 2026 – June 30, 2028 34 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:
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:
Brea Firefighters' Association July 1, 2026 – June 30, 2028 35 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 their termination of Association dues deduction. Such notification shall be in writing and delivered in person or by U.S. certified mail. The 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.
Brea Firefighters' Association July 1, 2026 – June 30, 2028 36 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.
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 Brea Firefighters' Association July 1, 2026 – June 30, 2028 37 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 Understanding.
TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall begin on July 1, 2026, except as provided herein; its provisions shall be applicable as of the time the Memorandum of Understanding becomes legally effective pursuant to City Council action or such other effective date as specified in a particular provision; it shall pertain to employees who are unit employees on and after the date the Memorandum of Understanding becomes legally binding pursuant to City Council action; and the Memorandum of Understanding shall continue in full force and effect through June 30, 2028.
EXHIBIT A
List of Represented Classifications
Firefighter
Fire Captain
Fire Engineer
EXHIBIT B
Salary Tables
Effective:
July 5, 2025 – July 17, 2026
July 18, 2026 – July 2, 2027
July 3, 2027 – June 30, 2028
EXHIBIT B
Salary Tables Effective 07/05/2025 – 07/17/2026
(APPROX. MONTHLY)
JOB CLASS TITLE MINIMUM MAXIMUM
FIREFIGHTER $7,682.54 $9,835.54
FIRE ENGINEER $8,631.95 $11,051.01
FIRE CAPTAIN $10,134.62 $12,974.82
Salary Tables Effective 07/18/2026 – 07/02/2027
(APPROX. MONTHLY)
JOB CLASS TITLE MINIMUM MAXIMUM
FIREFIGHTER $7,874.61 $10,081.43
FIRE ENGINEER $8,847.74 $11,327.29
FIRE CAPTAIN $10,387.99 $13,299.19
Salary Tables Effective 07/03/2027 – 06/30/2028
(APPROX. MONTHLY)
JOB CLASS TITLE MINIMUM MAXIMUM
FIREFIGHTER $8,071.47 $10,333.47
FIRE ENGINEER $9,068.94 $11,610.48
FIRE CAPTAIN $10,647.69 $13,631.67
EXHIBIT C
Amendment to Human Resources Rules
and Regulations Regarding the Firefighter
Bill of Rights
Amendment to Human Resources Rules and Regulations Regarding the 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);
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.
INDEX
AMENDMENT TO HUMAN RESOURCES RULES AND REGULATIONS REGARDING THE FIREFIGHTER BILL OF RIGHTS Exhibit C
DONATION OF LEAVE TIME 16
EMERGENCY WAIVER PROVISION 37
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES 33
ENTIRE MEMORANDUM OF UNDERSTANDING 36
FRINGE BENEFITS 20
HEALTH AND WELFARE BENEFITS 20
HOLIDAYS 14
LABOR MANAGEMENT RELATIONSHIP 32
LEAVES 11
LIST OF REPRESENTED CLASSIFICATIONS Exhibit A
MOU CONTRACT PROVISIONS 36
NO STRIKE - NO LOCKOUT 35
NONDISCRIMINATION 2
OTHER LEAVES 18
OTHER PROVISIONS 30
OVERTIME AND COMPENSATORY TIME 5
PROFESSIONAL DEVELOPMENT 27
RATIFICATION AND EXECUTION 38
RECOGNITION 1
RETIREMENT 24
SALARY AND WAGE PLAN 4
SALARY TABLE EFFECTIVE 07/05/2025-07/17/2026 Exhibit B
SALARY TABLE EFFECTIVE 07/18/2026-07/02/2027 Exhibit B
SALARY TABLE EFFECTIVE 07/03/2027-06/30/2028 Exhibit B
SCHEDULING/HOURS OF WORK AND ASSIGNMENTS 2
SERVICE CONNECTED INJURY OR ILLNESS 25
SEVERABILITY 37
SICK LEAVE AND BEREAVEMENT LEAVE 16
SPECIAL ASSIGNMENTS AND COMPENSATION 9
TERM OF MEMORANDUM OF UNDERSTANDING 37
VACATION 11
WELLNESS PROGRAM 26
WORKING OUT OF CLASSIFICATION 8
RESO NO. 2026- ___
July 21, 2026
RESOLUTION NO. 2026 -_______
A RESOLUTION OF THE COUNCIL OF THE CITY OF BREA
APPROVING A SIDE LETTER AGREEMENT TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF BREA AND THE BREA POLICE ASSOCIATION
A. Recitals
(i) 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 Police Association, as the majority representative of employees in the police safety bargaining unit for the purpose of meeting its obligations under this Agreement, the Meyers- MiIias- Brown Act, Government Code Section 3500, et sea., when City Rules, Regulations or laws affecting wages, hours and/ or other terms and conditions of employment are amended or changed.
(ii) The City of Brea and the Brea Police Association have entered into a Memorandum of Understanding (“MOU”) covering the period of January 1, 2023, through June 30, 2027.
(iii) Article VI- Fringe Benefits: Health and Welfare Benefits of the MOU contains language allowing the City and Association to reopen negotiations for potential increases to the Flexible Benefit Plan section.
(iv) A Side Letter is required to modify the MOU to update monthly compensation amounts for Flexible Benefit Plan.
(v) The parties have met and conferred in good faith and have determined to incorporate the monthly increased amounts to the Flexible Benefit Plan RESO NO. 2026- ___
July 21, 2026
and further identified the conditions for payment of the Wellness Program. (vi) The changes incorporated are reflective of previous and current practice for the Wellness Program and reflect the recent increases to the Flexible Benefit Plan negotiated with other associations.
(vii) The City Council deems it to be in the best interest of the City to adopt the Side Letter Agreement between the City of Brea and the Brea Police Association.
B. RESOLUTION
NOW, THEREFORE, be it found, determined and resolved by the City Council of the City of Brea, as follows:
1. The City Council hereby authorizes the City Manager to execute the Side Letter Agreement amending the Memorandum of Understanding between the City of Brea and the Brea Police Association attached hereto as Exhibit A.
APPROVED and ADOPTED THIS 21st DAY OF July 2026.
______________________________
Cecilia Hupp, Mayor
ATTEST: __________________________
Victoria Popescu, City Clerk
RESO NO. 2026- ___
July 21, 2026
I, Victoria Popescu, 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 21st. day of July 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
DATED: ______________________________
_____________________________________
Victoria Popescu, City Clerk
RESO NO. 2026- ___
July 21, 2026
EXHIBIT A
CITYofBREA
City Council Regular Meeting
Communication
July 21, 2026
Item No. 4J.
Monthly Report of Investments for the City of Brea for Period Ended June 30, 2026
TO PREPARED BY
Honorable Mayor and City Council Members Faith Madrazo, Financial Services Manager, Revenue
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Monica Lo, Administrative Services Director Kristin Griffith, City Manager
RECOMMENDATION
Staff recommends that the City Council take the following action:
1. Receive and file the Monthly Report of Investments.
BACKGROUND/DISCUSSION
The current Monthly Report of Investments is prepared in accordance with Government Code Sections 41004 and 53607 and contains information on the City's investment activities for the month of June. On June 6, 2023, upon the recommendation of the Investment Advisory Committee, the City Council authorized the use of U.S. Treasury Bills and other short-term investments—referred to as the City’s Liquidity Account—as an alternative to the Local Agency Investment Fund (LAIF). The LAIF is used for short-term investments and functions like a savings account.
Whereas cash for day-to-day activities is deposited in Demand and Interest-Bearing checking accounts. This Liquidity Account was closed in July 2025, as LAIF had consistently outperformed it over several months. The remaining cash balance was subsequently transferred to the City’s main investment portfolio. 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 a Monthly Account Statement prepared by Chandler. The book value represents the cost of investments, plus or minus amortization/accretion. As of June 30, 2026, the total market value of the managed investment portfolio, including accrued interest, was $91,639,372 as compared to $91,564,940 at May 31, 2026. The weighted average investment yield for June 30, 2026 was 4.12%, which was sligthly higher than the prior month. The City’s LAIF had a total market value, including accrued interest, of $24,081,206 at June 30, 2026, which brings the total value of the City’s investment portfolio as of June 30, 2026, to $115,720,578, as compared to the balance of $113,064,485 at May 31, 2026.
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, 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 June 30, 2026, the market value of the PARS pension account, including short-term cash and accrued interest, was $14,878,842 as compared to $14,897,265 from the prior month. The OPEB account had a market value of $526,842 as compared to $527,414 from the prior month. All other restricted cash investments (bond reserve accounts), including short-term cash and accrued interest, were $682,795 in comparison to $682,464 from the prior month.
Pursuant to the City's investment policy, except for 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
In June, the City’s managed investment portfolio increased by $2,656,093. This increase was primarily attributable to a net $2.5 million contribution to the Local Agency Investment Fund (LAIF), funded by property and sales tax revenues received in late May and June. Favorable market conditions during the month also resulted in an $156,093 increase in the portfolio's market value.
The City's PARS investment accounts decreased by $18,995 during the month, primarily due to weak equity market performance, which was partially offset by modest gains in fixed-income investments. Despite the monthly decline, the PARS portfolio generated strong overall returns for the fiscal year. In addition, bond reserve account balances increased modestly by $331.
Attachments
Attachmet A - City - June 2026.pdf
City of Brea
Cash and Investment Information
Book Market
Value Value*
Demand and Interest-Bearing Checking Accounts Citizen's Bank $ 4,299,666.08 $ 4,299,666.08 Local Agency Investment Fund LAIF $ 23,876,363.94 $ 24,081,206.18 Managed Investment Portfolio - CHANDLER Chandler/BNY $ 91,387,383.83 $ 91,639,372.11 PARS Post-Employment Benefits Trust - Pension** PFM/US Bank $ 12,843,508.79 $ 14,878,842.33 PARS Post-Employment Benefits Trust - OPEB** PFM/US Bank $ 473,169.59 $ 526,841.71 Fiscal Agent Cash & Investments**
2017 Brea Plaza Public Improvements CFD Bonds (CFD 2008-2) Chandler/BNY $ 683,882.14 $ 682,215.70 2019 Olinda Ranch Public Improvements CFD Bonds (CFD 1997-1) Chandler/BNY $ 252.90 $ 252.90 2019 Water Revenue Bonds Chandler/BNY $ 0.98 $ 0.98
2020 Water Revenue Refunding Bonds Chandler/BNY $ 0.98 $ 0.98 2021 Lease Revenue Refunding Bonds Chandler/BNY $ 324.66 $ 324.66 Sub-total - Fiscal Agent Cash & Investments $ 684,461.66 $ 682,795.22 Report Grand Total $ 133,564,553.89 $ 136,108,723.63
* Includes accrued interest on invested funds
** Reserve Fund
June 30, 2026
ATTACHMENT A